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Thailand Immigration confirms new overstay rules are now official


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So after wasting 30 minutes of my life reading the usual bitter replies. Not one of you can say that this is either happening as of today or as advertised on August the 12th. That's the thing about this forum. Full of Walter Mitty types who are living the high life dishing out nothing but puerile arguments.

A fact or two would be enough thanks instead of all this hate.

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

It was never advertised as taking effect on 12 August 2014.

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Personally I have been waiting for a specific date from the Immigration, an amnesty period for people in overstay trouble here.

I (and not my friend..) have been saving up money for my ticket back home and the overstay fine. Now when I finally got it, I wake up to these news.

I am not writing to discuss the actual overstay, just saying I have had a reason for doing so. I have not been involved with any criminal activity whatsoever here or back home.

I am just a man falling in love with my wife here in Thailand several years ago, and have been doing everything I can to stay with her and our kid.

My income has been up and down, and during the down-times, I just postponed the visa renewals for a while, hoping to fix it when my income (from renting out two condos in my country) where up and going again. The later it got, the more expensive it became, so here I am.

Reading the posts here the last weeks, I have been trying everything I can do pay my fine, and get a proper visa once again.

But this stranded today.

Now I will obviously get a 3 years ban when I leave for my home country to fix this problem, so why leave?

A ban from seeing my wife and kids for years, are not an option.

I will probably get caught in the future, and deported, but for now, I just can not leave.

This will probably apply for many of the overstayers now. It will be just a mess.

And everything could easily have been avoided by setting a date in the near future, or having an amnesty for a short period of time.

These new rules of punishments has just been in the open for a couple of weeks, NOT for months, as someone say here.

And how many of farangs read thaivisa.com? Not everyone, believe me.

For most of you, we who overstays for different reasons, are trash, and you want us out. Okey, I can understand that, but have in mind most of us has never done enything wrong in this country besides overstaying, We of course want to stay legally, but not all of us have the right age (retirement), or the right amount in the banks. Many of us will not meet the right requirements in the future either, when they are clamping down on back to back TVs and visa excempts.

Myself, I have spent my good share of my own money in this country, and are not the trash you think you are talking about. And many of us have it the same way.

The result of these new rules getting immidiate affect, is that we will not get our visas right. And we will just not leave, when a ban is awaiting us anyway.

You are NOT trash. The people who like to write that at people here, are just very unhappy, and very lost as to how to feel good about themselves. You are NOT trash!

I wish you and your family the best smile.png

Thank you for your concern, John.

I know my actions can get consequences when I overstay, but I am really surprised that I can`t get a chance to make it right.

That is really bad news for my family here, and could easily have been avoided by the immigration.

We are many in the same situation, who just want to make this right, and stay here legally.

Edited by thaibreaker
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Why should there be an amnesty period?

Technically, once you overstay and you don't have a very good reason for it (lost passport, medical emergency), then, you are a criminal in the eyes of the Thai authorities.

Should other criminals like fraudsters, scam artists etc. also have an amnesty period?

Personally, I think there should be an amnesty on compassionate grounds, but, overstaying has always been against the law.

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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.

Wait. I thought all "retirement" visas were single entry and then you had to get re-entry permits for multi?

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I've just left Thailand (Last week) after a fourteen month overstay of a Non B visa. Reason for overstay was my wifes pregnancy which had multiple complications resulting in her being hospitalized and then the birth of our son Eli who was born with complications also. He spent the first 10 days in ICU. Happily both are okay now, although Eli is prone to lung infections (about every two months)due to scarring on his lungs when ill at birth.

Last week I went to swampy and told them I was on overstay, 14 months. I didn't wait for them to find it themselves.The officer was very polite and called his mate over to escort me to the desk to be processed where there was another guy paying the maximum fine.

After a few minutes, I paid the 20K fine and they stamped me out of the country and also placed a conviction and fine amount stamp in my passport.

As I left I asked the immigration officer if I was blacklisted / banned from returning and his answer was a polite "Maybe"

Have flown to Savannakhet to apply for non O visa as supporting wife and Thai child. (waiting for original birth certificate to arrive...copy is not acceptable darn it!)

Once I get the visa, I'll be heading across the bridge to face the immigration officers and it will only be then that I'll know for sure if I'm allowed back in or not.

I'll update in the next day or so as soon as Fedex arrives with my sons birth certificate (6 days...could have put a relative on a bus with it and had it here in 24 hrs angry.gif.pagespeed.ce.l3zkt7JShR.gif )

Here's the kicker.

A friend of mine who was on overstay longer than me, attended the same time as I did. Instead of admitting it, he engaged in light hearted banter about football and Laotian women. The officer was busy laughing along and stamped him out no problems. No fine. No conviction.

He came to Savannakhet also, obtained his visa and returned to Thailand on Friday last week. Luck truly on his side.

Moral of the story....Although honesty is paramount, it doesn't always pay off. So if they don't ask, don't tell.

As I said I will update on my situation as it unfolds

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Does anyone have any current info. on whether or not the rules have changed regarding children? Previously immigration officials told me children under 14 do not need visas and overstays are not an issue. Has this changed as well?

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@thaibreaker:

I am also sympathetic to your situation.

I thought they might allow more time in order to get the word out to all overstayers that this was coming down.

It's tough.

For those of you other posters who see this as an anti-foreigner move, I think you are off the mark.

The Out-In tightening and now these banning policies for overstayers are targeting the same persons: The ex-pat who is working illegally in Thailand. Recall that the plan to tighten the Out-In travellers was in process well before the coup.

Also, to those who think Immo does this to rake in the fines, you are also missing the point. Immo could have made much more money by charging the 500 baht a day for overstays without the 20K baht ceiling -- but they did not.

It is not about the money guys. It's about protecting jobs for qualified Thais.

Somewhere, there is a very influential whistle-blower...

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Seems fair to say this topic will get top status for most viewed, read, and replied on TVF in 2014. Lots of anger tho...., not to mention poor grammar, improper English...., something I've become accustomed to here.

This was a long time coming and while I empathize with those caught in the fray there's little that can be done short of a "reprieve" issued by Immigration. Perhaps they'll do it with enough public feedback but I suspect those who are the targets won't be complaining too loudly to them.

For those in this "not so new" predicament, I wish you the best. For those who continue to cast stones, beware the glass houses as anything could change with immigration and potentially impact you in the future. ANYTHING is possible. Listen to the words in the national anthem/song. If you don't understand them, ask a Thai friend.

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i believe alot of people on overstays are in the process of sorting themselves out, i contacted my local immigration office 2 days ago and i have an appointment for tomorrow to clear myself. Obviously i would be really upset if i get a year ban after it was published from 12 Aug, But then again, we are under military control and they can do want ever they want... i will let you all know how i get on

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Personally I have been waiting for a specific date from the Immigration, an amnesty period for people in overstay trouble here.

I (and not my friend..) have been saving up money for my ticket back home and the overstay fine. Now when I finally got it, I wake up to these news.

I am not writing to discuss the actual overstay, just saying I have had a reason for doing so. I have not been involved with any criminal activity whatsoever here or back home.

I am just a man falling in love with my wife here in Thailand several years ago, and have been doing everything I can to stay with her and our kid.

My income has been up and down, and during the down-times, I just postponed the visa renewals for a while, hoping to fix it when my income (from renting out two condos in my country) where up and going again. The later it got, the more expensive it became, so here I am.

Reading the posts here the last weeks, I have been trying everything I can do pay my fine, and get a proper visa once again.

But this stranded today.

Now I will obviously get a 3 years ban when I leave for my home country to fix this problem, so why leave?

A ban from seeing my wife and kids for years, are not an option.

I will probably get caught in the future, and deported, but for now, I just can not leave.

This will probably apply for many of the overstayers now. It will be just a mess.

And everything could easily have been avoided by setting a date in the near future, or having an amnesty for a short period of time.

These new rules of punishments has just been in the open for a couple of weeks, NOT for months, as someone say here.

And how many of farangs read thaivisa.com? Not everyone, believe me.

For most of you, we who overstays for different reasons, are trash, and you want us out. Okey, I can understand that, but have in mind most of us has never done enything wrong in this country besides overstaying, We of course want to stay legally, but not all of us have the right age (retirement), or the right amount in the banks. Many of us will not meet the right requirements in the future either, when they are clamping down on back to back TVs and visa excempts.

Myself, I have spent my good share of my own money in this country, and are not the trash you think you are talking about. And many of us have it the same way.

The result of these new rules getting immidiate affect, is that we will not get our visas right. And we will just not leave, when a ban is awaiting us anyway.

You are NOT trash. The people who like to write that at people here, are just very unhappy, and very lost as to how to feel good about themselves. You are NOT trash!

I wish you and your family the best smile.png

Thank you for your concern, John.

I know my actions can get consequences when I overstay, but I am really surprised that I can`t get a chance to make it right.

That is really bad news for my family here, and could easily have been avoided by the immigration.

We are many in the same situation, who just want to make this right, and stay here legally.

NO WAY are you trash mate and it may be somewhat cold comfort but you are most certainly not alone

Keep the faith

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i believe alot of people on overstays are in the process of sorting themselves out, i contacted my local immigration office 2 days ago and i have an appointment for tomorrow to clear myself. Obviously i would be really upset if i get a year ban after it was published from 12 Aug, But then again, we are under military control and they can do want ever they want... i will let you all know how i get on

IMHO buy asap a plane ticket out of Thailand and get yourself to the airport, clear it over there, that would be my advice.

Sent from my iPad so Please excuse any typos

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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...

To do what in Thailand?

To live and have one steady place where to return, start to do some software projects (where the income money would come some day in the future), maybe take some project works aboard. I don't know yet.

I see the current situation in a way that I live here one year at the time. That's not very good for the long term future plans. It's one of the reasons I have thought going back to the EU-zone which currently gives a bit more freedom to do and live.

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Why shoud people have to dress to impress? This is a very dated view and a lot of business is conducted in casual clothing these days, especially in hot countries like Thailand. A government official should not make judgments about someone because of their attire and should be civil and polite 100% of the time no matter who they are dealing with. I have to say that some British and US immigration officials are not much better either

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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.

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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.

Wait. I thought all "retirement" visas were single entry and then you had to get re-entry permits for multi?

Yes and no. The visa itself is single entry. But you can apply for multi entry immediately after the visa is issued, on the same day and same visit to Immigration. And walk out with a multi entry retirement visa for a total of 3800 Baht.

If you only have a single entry visa, though, and need to travel outside of Thailand, Immigration has a special window immediately past the security x-ray machines as soon as you enter the international departure area at Chiang Mai Intl Airport. Walk from the x-ray machines to that window with a passport photo, and you can get a one time re-entry permit for 1000 Baht. Or get a multi entry permit for 4,000 Baht. It takes about 15 minutes, and that's where you get your re-entry permits these days.

Don't even go to the Immigration Office. They won't do it. They'll refer you to the window in International Departures that I've just described. (This is for Chiang Mai. I'm not sure how they handle things in other cities.)

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Personally I have been waiting for a specific date from the Immigration, an amnesty period for people in overstay trouble here.

I (and not my friend..) have been saving up money for my ticket back home and the overstay fine. Now when I finally got it, I wake up to these news.

I am not writing to discuss the actual overstay, just saying I have had a reason for doing so. I have not been involved with any criminal activity whatsoever here or back home.

I am just a man falling in love with my wife here in Thailand several years ago, and have been doing everything I can to stay with her and our kid.

My income has been up and down, and during the down-times, I just postponed the visa renewals for a while, hoping to fix it when my income (from renting out two condos in my country) where up and going again. The later it got, the more expensive it became, so here I am.

Reading the posts here the last weeks, I have been trying everything I can do pay my fine, and get a proper visa once again.

But this stranded today.

Now I will obviously get a 3 years ban when I leave for my home country to fix this problem, so why leave?

A ban from seeing my wife and kids for years, are not an option.

I will probably get caught in the future, and deported, but for now, I just can not leave.

This will probably apply for many of the overstayers now. It will be just a mess.

And everything could easily have been avoided by setting a date in the near future, or having an amnesty for a short period of time.

These new rules of punishments has just been in the open for a couple of weeks, NOT for months, as someone say here.

And how many of farangs read thaivisa.com? Not everyone, believe me.

For most of you, we who overstay for different reasons, are trash, and you want us out. Okey, I can understand that, but have in mind most of us have never done anything wrong in this country besides overstaying, We of course want to stay legally, but not all of us have the right age (retirement), or the right amount in the banks. Many of us will not meet the right requirements in the future either, when they are clamping down on back to back TVs and visa excempts.

Myself, I have spent my good share of my own money in this country, and are not the trash you think you are talking about. And many of us have it the same way.

The result of these new rules getting immidiate affect, is that we will not get our visas right. And now we will just not leave, when a ban is awaiting us anyway.

I agree with you thaibreaker, i am not a real criminal, for 15 years i have been legal with a B Visa and work permit, i went to renew my last visa in the UK and to my dismay i was only given a tourist visa and told to sort it here. ok, on my last local report to immigration he stamped my only clean page by mistake, given my passport was half full i did not look at the stamp until it was time to get a new visa.. Catch 22, i needed a new passport and new visa but no time, instant overstay. so instead of doing it immediately, i thought i would do it the next time i fly home. my own fault i know.

i am now booked in to see immigration tomorrow to clear my overstay and hopefully avoid the 1 year ban. i will let you know how i get on.

For many people, under 50 the overstay is the cheapest way to stay and they may not all have lavish incomes but they can manage with making some small sacrifices like no visa runs...and upto now the system has allowed us to take advantage of this. i have a girlfriend of 14 years and i take care of her 2 teenage children, i would hate to get married just so i could get a visa, but i believe i would.

i wish you good luck and i hope we both come through this

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Is this about protecting Thai jobs?

Have you been to a restaurant where all the service staff are Chinese?

Near my home there are restaurant/bars that are staffed by mostly Vietnam ladies.

At my condominium, which is home to many well-connected Thais, all the gardners and most of the maids are Karrenis from Burma.

In Samui and Phuket, you simply cannot find a Thai construction laborer.

These people do not have visas; they are not even called foreigners by Thais. They are called aliens, same as extra-terrestrials.

For the most part they came illegally and were victims of Thai police corruption, forking over half their salary every time a police stopped them.

Many feared going to Bangkok on their day off.

And now they have regulagtions under which they can be 'registered' and employed legally.

Without visa runs.

The notion that we farang G-7 retired overstayers or serial border visa runners are a threat to the Thai labor market is pure nonsense.

Thai employers fear the Department of Labor enforcement far more than we fear immigration.

In my 25 years in and out of Thailand, I have only met a few farangs who works as employees at Thai companies without a work permits.

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So supposing a thai citizen had used their foreign passport to enter the country (dual citizen) and now on overstay for more than 90 days, do they get blacklisted from their own country?

Of course not because he/she is not an "alien". That is the same term used in the Immigration Act. Any fine or penalty applied by Immigration to Thai citizen under this act is actually against the spiriting and the letter of the law (except for the two sections that refer explicitly to Thai citizens). These would not stand if appealed to a Judge but I guess people with dual citizenship has the means to pay up.

Edited by paz
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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.

Wait. I thought all "retirement" visas were single entry and then you had to get re-entry permits for multi?

Yes and no. The visa itself is single entry. But you can apply for multi entry immediately after the visa is issued, on the same day and same visit to Immigration. And walk out with a multi entry retirement visa for a total of 3800 Baht.

If you only have a single entry visa, though, and need to travel outside of Thailand, Immigration has a special window immediately past the security x-ray machines as soon as you enter the international departure area at Chiang Mai Intl Airport. Walk from the x-ray machines to that window with a passport photo, and you can get a one time re-entry permit for 1000 Baht. Or get a multi entry permit for 4,000 Baht. It takes about 15 minutes, and that's where you get your re-entry permits these days.

Don't even go to the Immigration Office. They won't do it. They'll refer you to the window in International Departures that I've just described. (This is for Chiang Mai. I'm not sure how they handle things in other cities.)

Why would people get re-entry permits if the multiple entry visa is cheaper. Something seems wrong here...

Edited by moto77
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Personally I have been waiting for a specific date from the Immigration, an amnesty period for people in overstay trouble here.

I (and not my friend..) have been saving up money for my ticket back home and the overstay fine. Now when I finally got it, I wake up to these news.

I am not writing to discuss the actual overstay, just saying I have had a reason for doing so. I have not been involved with any criminal activity whatsoever here or back home.

I am just a man falling in love with my wife here in Thailand several years ago, and have been doing everything I can to stay with her and our kid.

My income has been up and down, and during the down-times, I just postponed the visa renewals for a while, hoping to fix it when my income (from renting out two condos in my country) where up and going again. The later it got, the more expensive it became, so here I am.

Reading the posts here the last weeks, I have been trying everything I can do pay my fine, and get a proper visa once again.

But this stranded today.

Now I will obviously get a 3 years ban when I leave for my home country to fix this problem, so why leave?

A ban from seeing my wife and kids for years, are not an option.

I will probably get caught in the future, and deported, but for now, I just can not leave.

This will probably apply for many of the overstayers now. It will be just a mess.

And everything could easily have been avoided by setting a date in the near future, or having an amnesty for a short period of time.

These new rules of punishments has just been in the open for a couple of weeks, NOT for months, as someone say here.

And how many of farangs read thaivisa.com? Not everyone, believe me.

For most of you, we who overstay for different reasons, are trash, and you want us out. Okey, I can understand that, but have in mind most of us have never done anything wrong in this country besides overstaying, We of course want to stay legally, but not all of us have the right age (retirement), or the right amount in the banks. Many of us will not meet the right requirements in the future either, when they are clamping down on back to back TVs and visa excempts.

Myself, I have spent my good share of my own money in this country, and are not the trash you think you are talking about. And many of us have it the same way.

The result of these new rules getting immidiate affect, is that we will not get our visas right. And now we will just not leave, when a ban is awaiting us anyway.

I agree with you thaibreaker, i am not a real criminal, for 15 years i have been legal with a B Visa and work permit, i went to renew my last visa in the UK and to my dismay i was only given a tourist visa and told to sort it here. ok, on my last local report to immigration he stamped my only clean page by mistake, given my passport was half full i did not look at the stamp until it was time to get a new visa.. Catch 22, i needed a new passport and new visa but no time, instant overstay. so instead of doing it immediately, i thought i would do it the next time i fly home. my own fault i know.

i am now booked in to see immigration tomorrow to clear my overstay and hopefully avoid the 1 year ban. i will let you know how i get on.

For many people, under 50 the overstay is the cheapest way to stay and they may not all have lavish incomes but they can manage with making some small sacrifices like no visa runs...and upto now the system has allowed us to take advantage of this. i have a girlfriend of 14 years and i take care of her 2 teenage children, i would hate to get married just so i could get a visa, but i believe i would.

i wish you good luck and i hope we both come through this

perhaps you could get the dependents visa?

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@carstenp, @PhuketRam, @John1thru10, and others.

Thanks for your kind and concerning words.

When I first came to Thailand, I did it alone, and only planned to stay for a holiday. As many have done before me, I fell in love with the country. But got a rough start. I was in the middle of the tsunami Dec.26th 2004. From there, I just wanted to help out, and stayed for a while. I met my current wife, and wanted a life together with her.

Doing my border runs, getting tourist visas, I did follow the law and rules for many years. Going back and forth to my home country, and spending time legally here.

But as I said, things had tightened up economically for us, and during times of low income, the judgement got the better of me. I postponed the visa extensions, so I could keep my family together. Using the money I had on them. Just couldn`t afford the visa runs for that time being. That did make me breaking the law during that time, but I fixed it shortly after. Not as long overstay as this time though.

So, carstenp, as you point out, I know I have made a mess of this for my family, But always thought I could fix it.

During my 8-9 years of staying together with my small family here, I have overstayed two times. The first time I just got a clap on the shoulder, paid the fine, and off I went. No problem, just smiles everywhere. This could actually be the reason for letting myself do it again, a few years later. Not because I wanted to, but because of the same financial situation. Renting out two condos in your home country, does not always go as smooth as planned.

You are giving me good advice, and I really appreciate them. I will probably stay here for a while, and maybe choose to stay in Cambodia, Laos or Malaysia during my ban. And some time in my cold home country as well. But we will see. Love is the most important thing, and if we have to move to stay together, we will do it. More expensive though, we will see how it works out.

Thanks again for your words.

Edited by thaibreaker
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robblok, on 22 Jul 2014 - 10:11, said:

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 penalty for those leaving voluntary before the 90 day overstay.

I would imagine if you were caught on your way to the airport (voluntarily, with less than 90 day overstay) they would allow you to proceed without any penalties.

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