Overstay - A Hypothetical Situation

[jackoholly]

Literally just wondering, but has anyone actually heard of a horror story involving a custodial sentence within Thailand for overstaying their visa?

[Mario2008]

A custodial sentence is very unusual.

Mostly people go to jail because they can't pay the fine and thus are brought before a judge who sentenced them to do time in place of the fine.

A costodial sentence could be given to a serial offender.

[Expattaff1308]

I hear that this is the case if caught overstaying, time would be spent in the Immigration Detention Centre pending deportation. The speed of deportation determined by how quickly you can purchase your ticket home....

On the other hand if not caught and you turn up at the airport ticket and fine at the ready you will be allowed to leave. I believe the fine is 500 Baht per day upto a max of 20,000.

[ubonjoe]

Only the max fine of 20,000 baht is called out as punishment for an overstay in the immigration act.

The only time you would have spend in detention would be until you paid the fine or paid it off at 200 baht a day in detention. After that you would be detained until you had a ticket out of the country.

[Mario2008]

Immigration Act:

Section 81 : Any alien who stay in the Kingdom without permission or with permission expired or revoked

shall be punished with imprisonment not exceeding two years or a fine not exceeding 20,000 Baht or

both.

Immigration can not sentence you jail, so if you deal with them they can only fine you. A judge can of course sentence you to jail.

[jdinasia]

Only the max fine of 20,000 baht is called out as punishment for an overstay in the immigration act.

The only time you would have spend in detention would be until you paid the fine or paid it off at 200 baht a day in detention. After that you would be detained until you had a ticket out of the country.

If it is an actual deportation, I believe the person must not only leave the country but the ticket must be to the country that issued the travel documents (passport) used to enter Thailand.

This is not meant to be pedantic, but to state that the person can't just hop on a cheap flight to Singapore.

[Suradit69]

Only the max fine of 20,000 baht is called out as punishment for an overstay in the immigration act.

The only time you would have spend in detention would be until you paid the fine or paid it off at 200 baht a day in detention. After that you would be detained until you had a ticket out of the country.

If it is an actual deportation, I believe the person must not only leave the country but the ticket must be to the country that issued the travel documents (passport) used to enter Thailand.

This is not meant to be pedantic, but to state that the person can't just hop on a cheap flight to Singapore.

And depending on what notation is put in your passport, Singapore (and the airline you book on) might not be thrilled about you coming for a visit.

[flyingdoc]

Only a Court can imprison you !

[Serendipity24]

Like what other posters said, you get jail time only if they caught you but if you surrender and pay the 20k fine either at the airport or Laos border...you'll be just fine.

[paz]

Only a Court can imprison you !

Immigration detention, in Thailand or even other countries, it is not very different from jail. The difference with a court sentence is that the first has a set end date, the second does not.

[schweizer]

Only a Court can imprison you !

Immigration detention, in Thailand or even other countries, it is not very different from jail. The difference with a court sentence is that the first has a set end date, the second does not.

Good point, at least one has a potential light at the end of the tunnel,

Is there a maximum the IDC can hold you for before having to put you before a court or release you or kick your butt out of the country

and before anyone asks no I don't have a problem, it is not for a "friend", I am just nosey is all

Edited March 27, 2015 by schweizer

[paz]

Is there a maximum the IDC can hold you for before having to put you before a court of releae you or kick your butt out of the country

There is no maximum set. Some people are reported to be there since many years. For Westerners, at some point the home country or some charity can help.

[Lekong]

The days are counted and you pay per day if your over stay is not up to a month. And each day is 500 baht. After a month, the fixed amount is 20000 baht. One only pays 20000 baht if the over stay is equal to or more than one month. Someone with a 29 day over stay will pay only 14500 baht.For people from central and west Africa, or people who come from African countries where only Kenyan or Ethiopian airlines go there, they may spend more time at the IDC even if they pay the penalty and buy their tickets. The reason being that these two airlines take only 2 or 3 deportees at a time. So some Africans are forced to spend up to 2 , 3 weeks or even a month when they are ready to go but have no chance on the planes going to their countries.

[paz]

The days are counted and you pay per day if your over stay is not up to a month. And each day is 500 baht. After a month, the fixed amount is 20000 baht. One only pays 20000 baht if the over stay is equal to or more than one month.

Incorrect. The overstay fine is Bt 500 a day, with a maximum of Bt 20,000, and no month concept. So the maximum amount is reached after 40 days, not a month.

[gandalf12]

If the question is hyperthetical what is the reason for it? Are you thinking of how far you can push your luck or is there another reason behind the question?

[maidee]

first time that i had to sign papers to show them i know overstaying now (yearly extention trouble), is dealt with exclusion to re-enter for ...(90 days over) => 1 year , you know the drill

[jackoholly]

Curiosity got me. There are people in Thailand that have overstayed 20 years+. My wondering where what might happen to those sorts of people should they be apprehended or try to leave.

[nzexpat]

<script type='text/javascript'>window.mod_pagespeed_start = Number(new Date());</script>

Curiosity got me. There are people in Thailand that have overstayed 20 years+. My wondering where what might happen to those sorts of people should they be apprehended or try to leave.

Really?

And you , of course, know them all !

[Lekong]

The days are counted and you pay per day if your over stay is not up to a month. And each day is 500 baht. After a month, the fixed amount is 20000 baht. One only pays 20000 baht if the over stay is equal to or more than one month.

Incorrect. The overstay fine is Bt 500 a day, with a maximum of Bt 20,000, and no month concept. So the maximum amount is reached after 40 days, not a month.

Thanks for the correction.

[zierf1]

I overstayed 4-5 years and nothing happened to me. Just paid my 20k baht and left on the plane. 20 years is not very different than 5.

[DavidB4]

zierf1 when did you do that and what country (home?) did you travel to and how long before you returned?

[gilo]

11 year overstay cleared at airport last August with 20k fine. I have been in and out of Thailand a few times since then both on visa exempt and 2 X double entry tourist visas (last one obtained earlier this week) also received extensions of the visa exempt and tourist visas without any problems or questions by ether immigration or the visa issuing consulates.

[DavidB4]

Thank you for your post gilo, when you flew out of Thailand did you go to your home country or elsewhere?

[gilo]

Flew to Malaysia (not my home country) from Suvarnabhumi.

[thaibreaker]

A couple of clearifying points.

First, if caught, the IDC will normally detain you for ONE day, before they present you in front of a judge. For me it took two days (depends on the amount of incoming people at the time).

Then you will be fined 3000 bath (6000 bath if you have an expired passport, or none at all), and will get the choice to pay that, and end back to excactly the same place at IDC, but now legally jailed there. If you choose not to pay, you will be jailed in another prison, with thais, until this fine is paid, by 200 bath a day. That means 15 days in prison there for a 3000 bath fine, or 30 days for a 6000 bath fine.

Then you will be transported back to IDC, and will stay jailed there until you can pay for your own ticket back home. No 20000 bath fine need to be paid, just the ticket and a fee, if not bought by your embassy (for your own money). The embassy usually shows up after a week or so, and will help by contacting people back home. But they will never help with cash for the ticket. If you are an american, you can get a loan, but that is as far as I know, the only country who does that.

So, you can only choose to travel to your origin of passport, your own country, or where the embassy evt. finds suitable for you. I have experienced that an american for instance, could buy a ticket to Guam, since that island belongs to USA.

Last, a stay at IDC is definitely not worth any overstay. Been there, done that, and that was for me a nightmare. Get your visas in order, people, by any means. I strongly recommend that.

There are many people at IDC who have stayed there for years, at the worst of conditions.

Edited March 28, 2015 by thaibreaker

[DavidB4]

gilo, thanks! a couple more questions(I think) please: 1. how long did you stay in Malaysia before returning to Thailand and 2. did they ask you allot of questions or give you any grief at the airport when you paid the fine?

[gilo]

I was certainly grilled and rightly so both on departure paying the overstay and on my return 4 days later when I was interviewed (which took approx 40 mins before I was allowed in visa exempt). It was personally nerve-wracking particularly as I had exited and surrendered during the period when things were at a heightened level in August last year. However, although they were understandably nonplussed by my extreme overstay nevertheless they were truly professional and courteous (absolutely no tea money was sought just the 20k fine) and ultimately they allowed me back in. The admissions I/O made it very clear that any further overstay in my case would not looked upon nearly so sympathetically and that I should not even run the risk of a one day overstay in the future, which I have taken on board. I was grateful they were willing to allow the matter be resolved by the payment of the fine and on my side I plan to adhere to the rules from here on out. Since then I have traveled a few times in and out and received extensions and all has been fine. It seems to me that so long as one legalised one's status and was prepared to face the consequences then there was a willingness on their part to let it go. I of course feel having Damocles sword hovering above were a further infraction to occur - which I intend for there not to be. So my advice is to bite the bullet and for those who are on overstay get it sorted out. Thankfully unlike another poster on this topic I did not have to deal with the horrors of the IDC and there is no need to do so either if you surrender yourself at the airport ticket in hand, the requisite fine and present yourself in a decent and respectful manner. Hope this helps and the sooner it is cleared the better one feels!

[longstebe]

Curiosity got me. There are people in Thailand that have overstayed 20 years+. My wondering where what might happen to those sorts of people should they be apprehended or try to leave.

It does make you think.

800,000/400,000 baht in the bank at all times with 90 day reporting

or

none of the above, take the risk and pay a 20,000 if caught and then be allowed back in after being deported.

Seems a bit daft really.

[paz]

800,000/400,000 baht in the bank at all times with 90 day reporting

or

none of the above, take the risk and pay a 20,000 if caught and then be allowed back in after being deported.

Seems a bit daft really.

Money has to be in bank for 2 or 3 months once a year, not all times. Many people have some income and the deposit is decreased accordingly. If no money still there are alternatives.

I think the daft choice is staying illegaly, not the other way around.

[longstebe]

800,000/400,000 baht in the bank at all times with 90 day reporting

or

none of the above, take the risk and pay a 20,000 if caught and then be allowed back in after being deported.

Seems a bit daft really.

Money has to be in bank for 2 or 3 months once a year, not all times. Many people have some income and the deposit is decreased accordingly. If no money still there are alternatives.

I think the daft choice is staying illegaly, not the other way around.

Are you saying that when you do your 90 day reporting, you don't need to show proof of funds?

My points about it being a bit daft is there's no great penalties for overstaying. I wouldn't call a fine of 20,000 baht a big deal for overstaying 10-15 years.