Thailand Immigration confirms new overstay rules are now official

[dfp]

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 rules state > 90 days and not < 90 days, so 10 days should only be the normal fine, I suppose.

[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.

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?

Sorry lost you there. Inside information for what ?

Im talking about what I think people on an overstay will think when they see this announcement. Just an opinion.

[manzan]

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.

Read again. The rules make a distinction between reporting yourself at the border or immirgaiton office and being found out as having an overstay during a check.

If you don't report yourself, it is a ban even if it is less than 90 days.

I have read it again, on the top, above the tables, it states ultra clearly that these penalties are for overstays of more then 90 days. this applies to every penalty listed underneath it.

[exalll]

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.

Read again. The rules make a distinction between reporting yourself at the border or immirgaiton office and being found out as having an overstay during a check.

If you don't report yourself, it is a ban even if it is less than 90 days.

I have read it again, on the top, above the tables, it states ultra clearly that these penalties are for overstays of more then 90 days. this applies to every penalty listed underneath it.

Very clearly!

[bangkoklasse]

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.

He is a bad guy. And exactly the kind of person Thailand like to ban and get rid of.........3-4 years overstay just because he is lazy !!!

[grantbkk]

Many TV posters had been advising for weeks and months for overstayers to get out NOW. Some did and they are safe but the rest stuck their heads in the sand, interpreted the new rules in their favor and hoped for the best. Big mistake. My advise is the same. Get out as soon as you can if you are a short or long term overstayer. What has not been mentioned, during an unlucky contact with the police and if the overstay is revealed their will be jail, pleas to family for money, fines, deportation proceedings and the eventual blacklist. The list goes on and on and will cause suffering to the overstayer, families and friends putting together the money paperwork and paying an attorney just to get you out of Thailand. Is it worth taking this monumental risk? I know we all say, "It won't happen to me", but even if you become the victim of a crime this could initiate the nightmare scenario that nobody should have to go through.

[Sparkles]

They are tuff new regulations , This could do more harm than good .

Why ? ......... Unless you are physically unable to get to an Airport, in which case you would get a Drs/Hospital certificate or you can't access a calendar

there is no excuse apart from trying to rort the law.

[MJCM]

Many TV posters had been advising for weeks and months for overstayers to get out NOW. Some did and they are safe but the rest stuck their heads in the sand, interpreted the new rules in their favor and hoped for the best. Big mistake. My advise is the same. Get out as soon as you can if you are a short or long term overstayer. What has not been mentioned, during an unlucky contact with the police and if the overstay is revealed their will be jail, pleas to family for money, fines, deportation proceedings and the eventual blacklist. The list goes on and on and will cause suffering to the overstayer, families and friends putting together the money paperwork and paying an attorney just to get you out of Thailand. Is it worth taking this monumental risk? I know we all say, "It won't happen to me", but even if you become the victim of a crime this could initiate the nightmare scenario that nobody should have to go through.

Agree, but I'm for one surprised that it came into effect Today, I think they would wait until August 12th, but they didn't, and that surprised a lot of people I guess.

Sent from my iPad so Please excuse any typos

Edited July 22, 2014 by MJCM

[thaidel48]

I can see that more people will be asked to show their passports when stopped by the police , at least for a while...

[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.

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"

haha I have used the "My friend " before.. This time it's legit. He came here 3-4 years ago on a tourist visa. He also has lost his passport. I never said he was the brightest fish in the bowl.

[lostsoul49]

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.

The document sets out different punishments for simply overstaying, and overstaying and being apprehended.

However, aren't you, technically, apprehended at the airport, by way of handing yourself in?

Sure, they will let you pay the fine and fly out, but wouldn't they also forbid you from entering Thailand for 1 year?

Now you are just being pedantic about the wording that everyone understands apart from you.

[thejcb]

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.

No it isn't it's lovely.

I may have to go there and overstay just in case I ever get alzheimer's and/or got a bang on the head and think I want to return.

[Mario2008]

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.

Read again. The rules make a distinction between reporting yourself at the border or immirgaiton office and being found out as having an overstay during a check.

If you don't report yourself, it is a ban even if it is less than 90 days.

I have read it again, on the top, above the tables, it states ultra clearly that these penalties are for overstays of more then 90 days. this applies to every penalty listed underneath it.

Read it again and than read my reply again. The rules make a difference.

[MJCM]

I can see that more people will be asked to show their passports when stopped by the police , at least for a while...

But normal Police / Military doesn't know IMHO what to look for to check if you are on overstay. They just look at the Face Page and thats about it.

Sent from my iPad so Please excuse any typos

[carstenp]

I can see that more people will be asked to show their passports when stopped by the police , at least for a while...

It's already happening

From another forum I'm member of. Some bikers got stopped to show passport

Two expat riding buddies fined by immigration 3600 baht for not having passports with them. They were south of Surin.

[OOLEEBER]

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......

Changes in the law are not normally retroactive. I don't know though if this constitutes Law or just rules.

Edited July 22, 2014 by Maestro
Removed off-topic part of post.

[dotpoom]

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.

The document sets out different punishments for simply overstaying, and overstaying and being apprehended.

However, aren't you, technically, apprehended at the airport, by way of handing yourself in?

Sure, they will let you pay the fine and fly out, but wouldn't they also forbid you from entering Thailand for 1 year?

Only if it's more than 90 days and less than one year.........They have covered this, why not just accept what they have decided and written down.

[ericjt]

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.

Just to clarify, it's 1,900 Baht for a single entry one year retirement visa, and 3,800 Baht for a multi entry one year retirement visa. So unless you need a multi entry visa, it's only 1900 Baht/year if you're over 50.

One other comment -- I've found most people here to be pretty reasonable if you are reasonable with them. I've been here for over 10 years and haven't felt once like any official was trying to "stick it to me". For strict legalism, try the US, Canada, or some of the European countries. Here, it's more about relationships, courtesy, and maybe a little coffee money from time to time.

It's easy to make up nightmare scenarios about what might happen if possible penalties are enforced to the max. But I've rarely seen that happen here, unless somebody cops an attitude and starts asserting his "rights". That can lead to an unpleasant wake up call, but that can happen anywhere -- not just in Thailand.

[TaoNow]

I agree with stephenaph: Long-term overstayers, when hearing this news, may decide to forget about ever leaving.

Long-term over-stayers may have been lax about clearing their overstay in the past because they heard of others just going to the airport, paying the maximum 20K baht fine, leaving Thailand, and then coming back in on a tourist visa.

If these new rules are effective as of today -- and it sounds like they are -- then the long-term overstayer who is well-settled here may be reluctant to leave the country or ever visit Immigration since it would result in expulsion and, for example, a five-year ban from re-entry.

If so, then random passport checks might become more common...

[VINCENT2012]

thats what we should do in europe for all asian, africans and kaukasian too. but they come, boats full of people all around of our coasts.

ohhhhhhhhhhh....yes the human rights, the reason why, family are established since long time etc etc ....in europe we do think about it but in thailand , i guess they dont care all of this stupid farang thoughts

.

in my opinion they should think why this foreigner stayed here so long !!!

isn't it because the previous thai laws for foreigners had something wrong in the text ??

if you are married but you can not show 400 000 baths in a bank for 2 mounths? then what ? you become a paria ??

is that fair they send you back home and separate you from your wife ( or also kids) and the entire family that 99% you support (like many still wrongly do) for long years?

i understand they have to organize few things, but from here to trough lifes away, just like this.well !!! people should start to think where they are going to spend money in their holidays....a boycot perhaps?

a few years ago in america they gave permanent permit to stay to all who where there for edges, in europe we help and give work permit to all foreigners who have families and asociation help them.nobody send them home to there worse life style.

in thailand no farang reevendicate or ask the thai government anything like money, help, house, food, clothes or whatever. usually all westerner pay to be there, so why this thai government have so many problem to understand that there is no problem, you dont need to kick people out.

people who made and still make because of tourism and immigrants this country grow up

perhaps in another life!!! they will catch it! or when all will ban thailand for holidays.

Edited July 22, 2014 by VINCENT2012

[suzzi36]

Is this rule going to apply for children as well?

[BudRight]

You can bet they'll be on passports now like college students on candy crush.

[LivinLOS]

_{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.

Your offer is just under 50% of the required number Thailand has set.

[stephenwithaph]

I agree with stephenaph: Long-term overstayers, when hearing this news, may decide to forget about ever leaving.

Long-term over-stayers may have been lax about clearing their overstay in the past because they heard of others just going to the airport, paying the maximum 20K baht fine, leaving Thailand, and then coming back in on a tourist visa.

If these new rules are effective as of today -- and it sounds like they are -- then the long-term overstayer who is well-settled here may be reluctant to leave the country or ever visit Immigration since it would result in expulsion and, for example, a five-year ban from re-entry.

If so, then random passport checks might become more common...

Foreigners overstaying must be a very small part of crime busting in Thailand, plus its pretty much a victimless crime. All Thailand loses are the visas that the foreigner should of got. There will be a million and one things the normal police would rather be doing than going around checking visa pages. I dont think passport checks will increase just for the purpose of overstayers, this would be waste of police time and money. Check 100 foreigners and maybe you'll get one overstayer but in the meantime alot of time and money spent.

The simple solution to this is provide a simple and clear amnesty period. Then current overstayers will think its worth it plus the state makes some money which they will either never get or maybe have to wait a long time for. And all this is even before you get onto the subject of overstayers that are connected just paying bribes to get it sorted which is possible, been done and probably will be more now.

Edited July 22, 2014 by stephenwithaph

[Jeffrey346]

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.

Where does it say that?

[the happy camper]

Thailand's overstay rules are cruel, you could be sent back to your own country.

[ThaidDown]

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.

Where does it say in the warning that 10 days overstay won't be allowed into Thailand for 5 years?

Am I missing something? .. or are you.

"

If on the road you are checked, it means you are apprehended, which means a 5 year ban if less than 1 year overstay.

Only when you report yourself to immigration is there a lenient period of 90 days without a ban.

I'm sorry, but I disagree with this interpretation.

The main heading of the announcement is

The aliens who violate The Immigration Act, B.E.2522 by overstaying more than 90 days in the Kingdom of Thailand will be forbidden from re-entering the kingdom for a certain period of time as follow ;

Therefore the stated penalties only apply to those aliens overstaying longer than 90 days and being apprehended with less than a 90 day overstay will not result in a 1 year ban.

[John1thru10]

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.

Just to clarify, it's 1,900 Baht for a single entry one year retirement visa, and 3,800 Baht for a multi entry one year retirement visa. So unless you need a multi entry visa, it's only 1900 Baht/year if you're over 50.

One other comment -- I've found most people here to be pretty reasonable if you are reasonable with them. I've been here for over 10 years and haven't felt once like any official was trying to "stick it to me". For strict legalism, try the US, Canada, or some of the European countries. Here, it's more about relationships, courtesy, and maybe a little coffee money from time to time.

It's easy to make up nightmare scenarios about what might happen if possible penalties are enforced to the max. But I've rarely seen that happen here, unless somebody cops an attitude and starts asserting his "rights". That can lead to an unpleasant wake up call, but that can happen anywhere -- not just in Thailand.

Actually, just to clarify, those are the fees on TOP of other things about ones financial situation. If it were as simple as being 50 and having 1,900 baht once a year, I could live here for eternity.

Edited July 22, 2014 by John1thru10

[Guest]

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.

Your offer is just under 50% of the required number Thailand has set.

Having a company and the costs involved with it is about 100.000/year.

What did you refer to?

[BIACK]

I have been in Thailand 32 years, sometimes I get tired of the 90 days run, but I don't have 30 million.