Blocked at Poi Pet because spent 94 days totally in 2014

[thaibreaker]

Yes the main issue, it's this computer warning. I guess every border is connected to the same computer system.

I was wondering if the reason might be that you inadvertently exceeded your stay when you entered Thailand via a land border. You only get 30 days visa free when you enter Thailand via an airport. If you enter via a land border, you only get 15 days.

Do you have any overstay stamps in your passport?

That is not correct.

France is a member of the G7 countries, so he will get 30 days entering by a land border.

[whitemouse]

If people would get the proper visa there would not be any problems.

Thai Immigration knows what it is doing.

It is those who try to be smarter than the system that get caught eventually.

I hope you are being ironic. If not, this is the strangest post I've seen today lol.

The ones 'trying to be smarter than system' will get caught?

Caught how? How was OP caught? How does one 'get caught', doing nothing wrong? LOL

He was harrassed by incompetent staff, thats all.

What proper visa? What are you talking about!? The guy stays here less than 30 days each visit, and he carries G7 passport. You have no understanding of even basic stuff!

Something popped up on a computer screen? What was it? All we have is immigration officers word for it, for all we know his entrie/departure chart was on the screen, as is every one of us, every time we cross the border.

As for immigration knowing what they are doing, OP's adventure demonstrated that they clearly they do not.

I bet 100thb, some mods here know immigration law better, than officers at land border crossings.

[ThailandRick]

I had bumpy crossing at Poi Pet last August on my B visa... I don't have any Visa Exempt / OI stamps in my passport but they seemed very perturbed at my Exit / Entry on my B visa... He went to the Supervisor... they conferred 3 meters away going through my passport again 3-4 times... Then the supervisor came to me and said "we cannot allow you through..." My heart skipped a beat... Then she continues... "If you didn't have a visa..." I wanted to say a few choice words on her delivery, but obviously it would just make unnecessary waves... I finished my crossing and 90 more days...

What is interesting in the OP and another poster if the flag on the screen... No longer a rule, but maybe they still use it as a que to scrutinize your passport more... It is surely possible I had the flag too and confused the guy into hesitatingly going to the Supervisor... Agree with UbonJoe--In the OP's case kindly ask for a supervisor because reviewing your entry/exit stamps on Visa Exempt should show your are not the Living/Working Thailand--the type they are trying to block... However, if you were In Thailand most of the year and using Visa Exempt to stay, it's a no-brainer they will block...

Secondly, only by rumor... are they making up their own rules again and claiming 90 days of visa exempt per year... (unlikely...)

Many living here or being here for a long period of time, have come to find TV in a search or by reference...

Edited December 29, 2014 by ThailandRick

[yellowboat]

Had countless conversations with immigration people in Bangkok. Most said there are no good reasons why any of these things are happening, other than they just want more money.

Thai immigration has become completely unreliable and self defeating. Other countries in the region offer clarity and ease. Only Thai immigration is driving people away.

[mebkk]

Haven't they always had the discretionary right to refuse entry to anyone whom they don't believe is entering the country for the stated reason?

Rather than any official decree, the 90 days per year may be just an arbitrary threshold, above which the officer no longer believes that the traveller is a tourist.

With tourism in such a dire state, one wonders why they are behaving like this.

Maybe because many NON tourists abuse the system??

[thedemon]

Maybe relevant and maybe not but the TIMATIC system still shows the not more than 3 months in a 6 month period rule.

Visa required, except for A max. stay of 30 days:
Additional Information:

- ACMECS Single Visa issued by Cambodia and Thailand are valid
for 90 days from the date of issue and are valid for a stay
of 60 days in Thailand. Holders of visas isssued by Cambodia
(marked KHA) will be required to pay their fee for Thailand
upon arrival in Thailand.
- Visitors who are visa exempt are required to hold documents
for their next destination.

- Visitors over 12 years of age are required to hold
sufficient funds to cover their stay (at least THB 10,000.-
per person or THB 20,000.- per family).
For details, click here
- Nationals of USA are granted a stay of max. 3 months within
any 6 months period. Extension possible.
Warning:
- Visitors who are visa exempt but do not hold return/onward
tickets could be refused entry.

Typically I would assume that is just an old rule that hasn't been updated. However since TIMATIC is the system used by airlines to determine whether a passenger will qualify for entry and it seems rather odd that this apparently outdated rule could remain in their system for so many years.

Perhaps it is an unenforced rule that nonetheless remains on immigration's books ready to be pulled out of a hat.

[Sophon]

There is no rule that limits the amount of time you can spend in the country on visa exempt entries over any period of time. The officer was flat wrong in denying your entry.

Perhaps try going a south a bit and enter at Ban Laem.

How does that explain the warning that came on the computer?

Perhaps a leftover from when there was a limit to 90 days in 6 months that was cancelled over 6 years ago.

I don't think so (but this is obviously pure conjecture on my part). I agree with the others who think that it's most likely the number of entries on visa exempt that has triggered the warning, not the number of days. From other reports here on Thai Visa it seems likely that Immigration has set a number on visa exempt entries in a year, and if you exceed that number the immigration officer should scrutinize your immigration record to determine whether or not you are working illegally in Thailand. It would seem logical that part of that process includes determining exactly how many days you have spent in Thailand (done automatically by the computer), and that the OP in this case have spent just above the old 90 day limit is just a coincidence. Unfortunately, it seems like some immigration officers may have misinterpreted the new procedure thinking that there is an actual upper limit to the number of visa exempt entries, rather than just a point for extra scrutiny.

But as said, since there has been no changes to rules or published guidelines, this is pure guesswork on my part. All we can do is try to find logical explanations that fit the anecdotal evidence reported here.

Sophon

[yellowboat]

Haven't they always had the discretionary right to refuse entry to anyone whom they don't believe is entering the country for the stated reason?

Rather than any official decree, the 90 days per year may be just an arbitrary threshold, above which the officer no longer believes that the traveller is a tourist.

With tourism in such a dire state, one wonders why they are behaving like this.

Maybe because many NON tourists abuse the system??

What system ? There is no system. There is no clear immigration policy in Thailand as compared to Cambodia, Laos and even China. You need a work permit to exihibit at a non state funded trade show. For there to be a system, there needs to be guidelines.

[recom273]

If people would get the proper visa there would not be any problems. Thai Immigration knows what it is doing. It is those who try to be smarter than the system that get caught eventually. They get advice from people who do not have the slightest idea what they are talking about when it comes to immigration law. If I want advice on Immigration law I would go to Thai Immigration not thaivisa.com. Some do know what they are talking about but most do not. If you follow the law good things happen. If you do not be ready to pay the price ether in cash or time in the monkey house it is up to you. Some here on TV.com will give you great advice others will get you into more problems than most can handle If you drive a BMW you do not ask people at the Proton dealership for their advice when you have a problem with your vehicle. .

With your analogy would expect all BMW mechanics to be following the same workshop manual and procedure .. Thai immigration don't all follow the same procedure, they follow the guidance of their superiors and their interpretation of the law, and often choose to ignore those rules depending on wether they have eaten breakfast or lunch yet.

Which is why we need to depend upon one another personal experience.

If they know what they are doing, try calling the immigration 'hotline' and posing the question there .. the answer will be, it all depends on the immigration officer handling the case.

[chickenrunCM]

If people would get the proper visa there would not be any problems. Thai Immigration knows what it is doing. It is those who try to be smarter than the system that get caught eventually. They get advice from people who do not have the slightest idea what they are talking about when it comes to immigration law. If I want advice on Immigration law I would go to Thai Immigration not thaivisa.com. Some do know what they are talking about but most do not. If you follow the law good things happen. If you do not be ready to pay the price ether in cash or time in the monkey house it is up to you. Some here on TV.com will give you great advice others will get you into more problems than most can handle If you drive a BMW you do not ask people at the Proton dealership for their advice when you have a problem with your vehicle. .

what an arogant answer

if you would read carefully the OP lives in Cambodia so I guess he has a workpermit or/and a 1 year Visa,

so why he should go to a Thai embassy and pay for a Visa if he want to visit the neighbour country Thailand for 4 to 7 days?

As from 1.1.15 as ASEAN starts this problem should be in the past. They cant stop people from neighbour countrys entering Thailand

[billd766]

If people would get the proper visa there would not be any problems. Thai Immigration knows what it is doing. It is those who try to be smarter than the system that get caught eventually. They get advice from people who do not have the slightest idea what they are talking about when it comes to immigration law. If I want advice on Immigration law I would go to Thai Immigration not thaivisa.com. Some do know what they are talking about but most do not. If you follow the law good things happen. If you do not be ready to pay the price ether in cash or time in the monkey house it is up to you. Some here on TV.com will give you great advice others will get you into more problems than most can handle If you drive a BMW you do not ask people at the Proton dealership for their advice when you have a problem with your vehicle. .

what an arogant answer

if you would read carefully the OP lives in Cambodia so I guess he has a workpermit or/and a 1 year Visa,

so why he should go to a Thai embassy and pay for a Visa if he want to visit the neighbour country Thailand for 4 to 7 days?

As from 1.1.15 as ASEAN starts this problem should be in the past. They cant stop people from neighbour countrys entering Thailand

Whilst that may be correct I suspect that it only applies to nationals of the ASEAN country and not to foreigners who happen to live there.

[ubonjoe]

That is a common misconception about the ASEAN Economic Community (AEC) (ASEAN was formed the 1960's) it has no open boarders agreement in it. Many people think it is like the EEC.

[mango66]

There is no rule that limits the amount of time you can spend in the country on visa exempt entries over any period of time. The officer was flat wrong in denying your entry.

Perhaps try going a south a bit and enter at Ban Laem.

How does that explain the warning that came on the computer?

for sure the warning were not written by the officer in charge on the counter,

so from where? which software ?

if not from Immigration ??

[scavenger]

Those laws and rules, have they actually been abolished, or did they just fall into the mai pen rai zone? If the law is still there, that it has not been enforced for years won't stop one from enforcing it again. This is why I do not do border runs, and when I need to leave the country to activate a second entry, I actually travel and come back a few weeks later. I don't care if an I.O. tells me mai pen rai, I feel much more comfortable followint the actual writtem law, however archaic it might be, to the extent of my knowledge.

[ubonjoe]

The 90 days in 6 months police order was abolished over 6 years ago when they changed border entries to 15 days.

The only rule is a guideline that restricts in/out visa runs for exempt entries.

[paz]

Those laws and rules, have they actually been abolished, or did they just fall into the mai pen rai zone? If the law is still there, that it has not been enforced for years won't stop one from enforcing it again. This is why I do not do border runs, and when I need to leave the country to activate a second entry, I actually travel and come back a few weeks later. I don't care if an I.O. tells me mai pen rai, I feel much more comfortable followint the actual writtem law, however archaic it might be, to the extent of my knowledge.

This thread is about visa exempt entry, which is written law, 90 days rule was repelled in 2008. Check yourself.

http://www.immigration.go.th/nov2004/doc/temporarystay/policy778-2551_en.pdf

In your case there has never been a rule that says one cannot re-enter immediately for a subsequent entry, and doing so is the standard and accepted practice.

[scavenger]

Thanks UbonJoe and Paz for clarifying. You both do a great job here, and I think you both deserve your holidays now... All the best for 2015!!

[jacko45k]

Secondly, only by rumor... are they making up their own rules again and claiming 90 days of visa exempt per year... (unlikely...)

A possibility is that an immigration official is struggling to keep up with the rules and numerous changes.

Also they are given discretion.

And likely not wise to tell him he is getting it wrong.

Some talk of 'get a tourist visa', but they are not multiple and of little use to someone who goes back and forth frequently.

Poipet is also one of the more stressed land crossings.

It is good that we have knowledgeable people on here to inform us of the rules as they currently are, and where they are and are not being misinterpreted correctly.