Thailand Immigration confirms new overstay rules are now official

[Halion]

Excellent and now that we have gotten that thorny issue out of the way I look forward to seeing equal punitive justice brought to bear on their own nationals who flout the rule of law. Very doubtful.

[pbassham]

The overstay they are talking about is past the time allowed in your visa, right? Like, the stamp you have in your passport from when you entered or what?

I assume having a 1 year visa, but missing a 90-day checkin is different, correct?

What's the punishment for that?

[UncleE]

As a veteran of 25 years in the Kingdom who is friends with many former high level immigration officials, I find some of the comments off the wall.

Most importantly, the misunderstanding of the term "apprehended", fact is when they say apprehended it normally means your visa overstay violation would have been noticed when you were "apprehended" as a suspect for committing another crime. Generally speaking if you're arrested for another crime you've got lot's bigger problems to worry about than your visa. They want to expedite your removal from the Kingdom in such case and I agree they should.

Bottom Line, they don't apprehend people for visa overstays. They have waay too much real work to do. Thailand is full of rats who were flushed out of the sewers in their home countries and we all want them out.

So those of you who think they're out looking for people who've overstayed are complete paranoid schizophreniacs. They have real bad guys to go after and limited resources to deal with them.

Everything being done now is 100% correct in my opinion.

Uncle Eric

[MJCM]

The overstay they are talking about is past the time allowed in your visa, right? Like, the stamp you have in your passport from when you entered or what?

I assume having a 1 year visa, but missing a 90-day checkin is different, correct?

What's the punishment for that?

Max. 5000 Thb fine

Sent from my iPad so Please excuse any typos

[Mario2008]

In the case that alien is being apprehended

Overstay less than 1 year forbidden 5 years

Overstay more than 1 years forbidden 10 years

So,,, a 1 day overstay, aren't you technically, "apprehended" by immigrations at the airport?,, You're banned for 5 years?

At a border (airport) or an immigration office you present yourself.

[Mario2008]

The overstay they are talking about is past the time allowed in your visa, right? Like, the stamp you have in your passport from when you entered or what?

I assume having a 1 year visa, but missing a 90-day checkin is different, correct?

What's the punishment for that?

You are not on overstay till you are in the country passed the date you are allowed to stay.

90 day reporting is different from overstay and carries maximum fine of 5,000 baht but normally 2,000 baht is charged.

[Guest]

_{You guys that overstay will not like this !!}

_{I did two Border Runs to Cambodia and one to Laos in 2004 when I first arrived.now having done that paying for the trips taking away three days from doing something else I decided it was time to go about this the right way. Got a Non-Immigrate O Visa, at the end of th a year obtained a Retirement Extension which I have done every year since. Not fun and cost 4,000THB every year.}

_{So, I guess there are a few reasons for Overstay (1) Too cheap to pay your dues for living here. (2) Can not afford to pay the fees (3) Just love running to the Border every month or two.}

_{For what ever reason you have stiffed Thailand for the fee and they are tired. Take whatever number you want, as to how many Farang live here multiply by 1,900 or 3,800THB and you see why they want to stop it.}

I would be happy to pay 4000/month or 50.000/year for a legal and hassle & worry free yearly visa, with minimum amount of paperwork.

It's not as easy for all of us as you might think.

[Maejo Man]

I just signed this document this morning. Seems perfectly fair to me. You have to overstay 3 whole months before being penalized with a 1 year penalty.

If you happen to be caught up in a police check point with 3 days overstay it's 5 years. Great if you can get to an airport unscathed. Will be interesting to see how serious they will get with these new penalties.

[kannot]

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Does seem a bit harsh on those that get apprehended on the way to the airport with say 10 days of overstay and wont be allowed into Thailand for 5 years.

I suspect common sense would prevail... One would hope..... In that, if the overstayer was in possession of luggage and an in-date flight ticket out, then they would be allowed to proceed to airport immigration.

Common sense , in Thailand?

Indeed. Many foreigners leave their common sense back home. Hence the need for these rules.

the minute they book their ticket eh?

[yougivemebaby]

None of this is retroactive is it? I mean I did have a 3 year overstay a couple of years ago.....I am going to Laos tonite for a non O based on being a father......

Can I ask ? Are you over 50? I looked (a little) into this and saw a sticky on this subject saying you must be over 50 to use this exception (or whatever the technical term would be)

Also,

I thought the rules weren't to be enforced until August 12th? So now it's as of the 20th of this month?

Lots of people are FKED

[Mario2008]

None of this is retroactive is it? I mean I did have a 3 year overstay a couple of years ago.....I am going to Laos tonite for a non O based on being a father......

Can I ask ? Are you over 50? I looked (a little) into this and saw a sticky on this subject saying you must be over 50 to use this exception (or whatever the technical term would be)

Also,

I thought the rules weren't to be enforced until August 12th? So now it's as of the 20th of this month?

Lots of people are FKED

You probably looked at the old rules.

The curent rules do not have an age requirement. You must be the legal parent and have an income of 40,000 a month or 400,000 in the bank in Thailand (and living with the child)

[stephenwithaph]

I thought this would start on or after the 12th of August. If this is starts today I know of 3 people who are screwed. They are booked to go to Cambodia on Saturday. Any advice other than keep u r fingers crossed.

Note to the keyboard warriors I don't care what you think Walter. . Kindly keep your thoughts to yourselves.

Sent from my SM-G7102 using Thaivisa Connect Thailand mobile app

I think this is the key point regarding this topic.

Everyone probably agrees the principle of these new laws and agrees for them to be enforced in the future but the question here is when are the new laws in place and is there an amnesty period.

[senti]

I wonder if the new rules apply to kids.

Until now, kids could overstay indefinitely (until they're 15 years of age) and I would assume new rules won't apply to kids because kids up to 15 years of age are not criminally liable, but one has to wonder...

[glasswort]

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i understand the overstay penalty's but surly there are many valid reasons that need to be investigated, I think people being too lazy or runaways are basically a very minute amount

Also if immigration are monitoring these websites ..here a suggestion after my visit to immigration yesterday

WE ARE CUSTOMERS ...SO TREAT US WITH RESPECT...I was treated with contempt yesterday and my questions were more of an irritation to the officer he was more interested in trying to rip my passport apart....all I wanted to know what they exactly required for a 1 year extension of stay,,,,,,,,,i was the only CUSTOMER in there and 12 officers sitting looking bored.....

Thai Visa should start a link...GOOD AND BAD OF THAI IMMIGRATION

Treat Immigration Officers with respect and you will get respect in return. Having resided in Thailand for ten years and made sure that I am properly attired and behave appropriately when visiting Immigration I have never had a problem. All too often I have witnessed multi-tattooed individuals with numerous rings in various parts of the body, dressed in sleeveless singlets, shorts and flip-flops arguing with Immigration Officers and bemoaning the fact they think they are being treated unfairly. We are visitors in Thailand and if you do not like the rules then go somewhere else.

[cloudhopper]

I just signed this document this morning. Seems perfectly fair to me. You have to overstay 3 whole months before being penalized with a 1 year penalty.

If you happen to be caught up in a police check point with 3 days overstay it's 5 years. Great if you can get to an airport unscathed. Will be interesting to see how serious they will get with these new penalties.

I have been stopped at hundreds of police and army checkpoints over the years here, and the very few times anyone wanted to see my passport they never checked the visa. Unless, as has been pointed out already, you're in some other trouble. The casual first-time tourist is not going to be hurt by a 5 year ban, should one actually be levied for an inadvertent overstay. Others will need to pay attention.

[baneko]

I had a 93 day overstay back in April. My passport was in Angola getting a work visa so had to wait for it to be returned. I take it this wont apply as it was before the new rules and I paid the fine in full at the airport? Any thoughts? Coming back to Thailand this week. Thanks.

[ronaldo0]

Lucky i went to singapore last monday then!! That was close!!!

[hawker9000]

Yeap - 'thought it was imminent. Those who were putting off their settling of accounts won't be happy campers... Still, MUCH better to get to the airport and turn yourself in than to get caught. Some are suggesting the apprehensions might be a lot of paperwork and therefore not an officer's first choice, but there might be certain "incentives" for getting "collars", too, particularly here at the outset. If you're currently in an overstay status, and rationalizing, you might be playing a dangerous game.

Those who've got past overstays in their passports already, I don't think are going to be directly impacted. You've settled. But that doesn't mean that on your next entry the IO won't see those past overstays and factor them into his guess that you're an illegal resident or worker and his decision whether or not to let you enter. If I had that kind of stuff in my passport, I think I'd be extra meticulous about bringing along whatever documentation I could to show I'm NOT an illegal (boarding passes, bank statements, pay stubs, cash, utility bills, onward tickets, hotel reservations, itinerary, etc.). 'More of an art than a science unfortunately, but you get the idea.

Edited July 22, 2014 by hawker9000

[Topah]

I feel bad for farangs who are good people and just wanted to use the easy going system. Think about overstayers who have family here but are not married and live with the information that you need to pay 20000b and you are free again. But then you go to the airport for a holiday with your companion and kids but cannot return in next 5 years. Autch...

[csabo]

Time to renegotiate my villa rent. This place is gonna be a ghost town soon enough. I wish I was a fly on the wall in a Khoasan Rd guesthouse today.

[bendywire]

I'm sure by the end of today we will know if it is in effect or not. I agree with the rule but I hope they stick to their original time frame. If not some friends of mine are screwed.

Sent from my SM-G7102 using Thaivisa Connect Thailand mobile app

[stephenwithaph]

Yeap - 'thought it was imminent. Those who were putting off their settling of accounts won't be happy campers... Still, MUCH better to get to the airport and turn yourself in than to get caught. Some are suggesting the apprehensions might be a lot of paperwork and therefore not an officer's first choice, but there might be certain "incentives" for getting "collars", too, particularly here at the outset. If you're currently in an overstay status, and rationalizing, you might be playing a dangerous game.

Don't agree with that. Anyone who is currently on an overstay and was going to travel out within the next couple of weeks probably wont now. There isnt really much incentive compared with the risk they have already been taking.

No, this announcement with no amnesty will only deter future overstayers, not make current people surrender. Shame because the Thai state could of made alot of money in those 2/3 weeks if they gave an amnesty, plus would of cleaned out illegals ! Now many will just stay.

Edited July 22, 2014 by stephenwithaph

[yougivemebaby]

I'm sure by the end of today we will know if it is in effect or not. I agree with the rule but I hope they stick to their original time frame. If not some friends of mine are screwed.

Sent from my SM-G7102 using Thaivisa Connect Thailand mobile app

Yeah exactly! My buddy gets money every month from his gov't but of course doesn't have enough to pay the fine plus pay to get a visa.

Can anyone recommend a visa for him? He's from Norway and has a half Thai child he stays with. He's willing to get a student visa if necessary. He doesn't have the 400K in the bank. He can't do a retirement visa as he is only 33

He overstayed at least 3-4 years already. He's not a bad guy just made the choice to come on a tourist visa and not get another one to stay.

Edited July 22, 2014 by yougivemebaby

[62strat]

I don't think we know how Thai officals will enforce the rules at the Airport when people are leaving.Certaintly you are presenting yourself not being apprehended, but enforcement is at their discretion and it will follow their thinking not ours.Common sense is overruled by whatever way they choose to enforce these rules.

[mahjongguy]

I had a great experience at Jomtien Immigration this morning. Went in for my annual retirement extension. Had everything put together just right, took a seat with my queue number showing on my clipboard. A young woman was walking around, saw my number, and lead me over to her desk. She looked through my paperwork, handed back 3 or 4 things, took my 1900 baht and gave me the plastic chit. She said "come back tomorrow" and apologized for the delay (because usually the passport would be ready by late the same day). Total time in & out the door, four minutes, I kid you not. I gave her the biggest smile I've given anyone lately.

But, as I went out past the reception desk, there was a nicely-dressed farang speaking to the queue master in a polite way, explaining that "at the moment my passport is in America". Oh boy! I didn't stick around to see how that turned out!

[carstenp]

None of this is retroactive is it? I mean I did have a 3 year overstay a couple of years ago.....I am going to Laos tonite for a non O based on being a father......

Can I ask ? Are you over 50? I looked (a little) into this and saw a sticky on this subject saying you must be over 50 to use this exception (or whatever the technical term would be)

Also,

I thought the rules weren't to be enforced until August 12th? So now it's as of the 20th of this month?

Lots of people are FKED

They was FKED the day they decided to overstay.!!!! I don't want to be evil to people, but right now many a crying about the new rules there is in forced. Accept this is there's country and there's rules and laws, you are allowed to stay here as a guest. People had plenty of time to sort this out. Like another member said. I'm a customer. Or Some other said I used 100000 of baht every month here or millions every year, I'm a good customer. Yes you are a good customer, but you have to accept you are a guest and you have to followed the laws. You can not demand

[csabo]

Does seem a bit harsh on those that get apprehended on the way to the airport with say 10 days of overstay and wont be allowed into Thailand for 5 years.

The list of penalties is applicable only to overstayers of more then 90 days.

So it should have read overstay over 90 days - 1 year - forbidden 5 years.

Correct. More accurately it clearly states "In the case of THAT alien". "That alien" being he who has overstayed one of the time durations stated i.e.; 90 days or more. So forget the panic about 10 days over and driving to the airport and getting caught. So now that there is an incentive to turn oneself in, how many will do so? Crickets...

[hawker9000]

Yeap - 'thought it was imminent. Those who were putting off their settling of accounts won't be happy campers... Still, MUCH better to get to the airport and turn yourself in than to get caught. Some are suggesting the apprehensions might be a lot of paperwork and therefore not an officer's first choice, but there might be certain "incentives" for getting "collars", too, particularly here at the outset. If you're currently in an overstay status, and rationalizing, you might be playing a dangerous game.

Don't agree with that. Anyone who is currently on an overstay and was going to travel out within the next couple of weeks probably wont now. There isnt really much incentive compared with the risk they have already been taking.

No, this announcement with no amnesty will only deter future overstayers, not make current people surrender. Shame because the Thai state could of made alot of money in those 2/3 weeks if they gave an amnesty, plus would of cleaned out illegals ! Now many will just stay.

You might be right; who knows? But you can give that kind of advice in good conscience? Do you have some inside knowledge to back it up?

[jko]

Whilst there may be a few genuine cases of personal misfortune which cause an an overstay, and do deserve some compassion, Thailand has become a low-cost refuge for many down-and-out farangs who contribute nothing to the country, and often live on dubious earnings.

The sooner these kind of parasites are back on a plane back their homeland, the better. The law cannot be strict enough as far as I am concerned.

.

[larsjohnsson]

I'm sure by the end of today we will know if it is in effect or not. I agree with the rule but I hope they stick to their original time frame. If not some friends of mine are screwed.

Sent from my SM-G7102 using Thaivisa Connect Thailand mobile app

Yeah exactly! My buddy gets money every month from his gov't but of course doesn't have enough to pay the fine plus pay to get a visa.

Can anyone recommend a visa for him? He's from Norway and has a half Thai child he stays with. He's willing to get a student visa if necessary. He doesn't have the 400K in the bank. He can't do a retirement visa as he is only 33

He overstayed at least 3-4 years already. He's not a bad guy just made the choice to come on a tourist visa and not get another one to stay.

Your friend

If he is from Norway and get money from his government, I'm sure he get those 40 k needed for the extension of stay based on a Thai child.

"He is not a bad guy. He just made the choice to overstay 3-4 years"

Edited July 22, 2014 by larsjohnsson