Overstay more than a year

[andi81]

Hi Guys,

i´m not sure if this topic i´m posting is in the right section. sorry for that.

A friend of mine has overstayed his visa for over a year. He reported himself

to the immigration. They locked him up in the IDC in Bangkok. After send him to court

and he had to pay 5000 baht. He was locked up in the IDC for about a week before he

got deported. There is no unusal stamp in his passport just the normal blue stamp you

get when you departing and another stamp saying that he was prosecuted for overstaying.

But no stamp saying he is banned. Is he now on the blacklist and if yes for how long? Where

can he look it up or get information about it?

Thanks

Edited July 8, 2015 by andi81

[thaibreaker]

He is not on any blacklist, and can enter Thailand again whenever he wants, without problems.

It is just an experience you definitely would think twice about doing again in the future.

Been there, and got the same stamp.

[ubonjoe]

He is not black listed since he was able to pay his fine and get a ticket out of the country in short order.

Why didn't he just leave and pay fine on his way out of the country.

[thaibreaker]

He is not black listed since he was able to pay his fine and get a ticket out of the country in short order.

Why didn't just leave and pay fine on his way out of the country.

Good question. In some cases it can be related to economy, since you don`t have to pay the 20.000 bath fine, but 3000 or 6000 court fine instead.

In any case it is just a bad advise to surrender yourself to the immigration, since the small amount of money you may save is definitely not worth the stay at the IDC.

The ticket must be paid either way, and in many cases that may also be more expensive from the IDC, when you can`t always choose the cheapest flights and periods.

All in all, the money you save by not paying the 20.000 bath fine, may be wasted to a more expensive ticket (with additional 800 or 3500 bath expenses to IDC for providing the ticket).

Edited July 8, 2015 by thaibreaker

[Mario2008]

IDC does not provide the ticket, you have to buy one yourself.

You do pay extra for escorting you to your plane.

[saakura]

In such a case, can a person return the next day and enter thailand on visa exempt (if allowed by virtue of his nationality)?

[No Apologist]

I recently overstayed a year. My problem, was that I never had enough money at once, to pay the apartment I was living in (and, I would never run out on them without paying), plus the ticket, PLUS the overstay fee on top of it. I could have paid one of two of these at many points, but not all at once.

I finally departed - last month - through Sawanabhumi. They were not 'overjoyed' at my announcement; but were not nasty about it, either. There were a number of people paying overstays, at the same moment. I paid the fine.

And, like your friend, there is no big Red Stamp for it, or official blacklisting.

However, I asked the man if I can return someday; and he said 'Maybe! You overstay long time!' I think that while not 'official', the times have changed a little bit; not for sure one would come through easy again, if expecting a visa exemption the next time.

In other words, he's not 'blacklisted' - but it's likely that when he returns, they will look it up and see his record. If he is showing up, expecting to be let in again without a visa - I don't know, of course - he may have some problems.

It would be terrible to fly all the way to Thailand, and then not be allowed in.

Edited July 8, 2015 by No Apologist

[elviajero]

He is not blacklisted. But he should be aware that being deported is a lawful reason for an IO to refuse entry in the future. Unlikely but if the IO wants a reason he's got one.

That's one of the downsides to surrendering and major differences to those that make it to the border.

[gilo]

To the poster "No Apologist", I overstayed 11 years cleared overstay 7th August (20000 fine at Suvarnabhumi) and returned 11th August from KL and got in visa exempt (although I was intently questioned on my arrival back). So to answer your question there is no technical reason why you would not be re-admitted visa exempt (so long as you meet the requirements and satisfy the conditions) although since then I have always secured a visa before re-entering. I would have never have gone near immigration before departing as I knew that it would result in being held in IDC and that therefore the best way is to go to the airport with a ticket out and 20k in your hands and deal with it there ( I got this knowledge from researching on this board and in particular from the very sound advice of Ubonjoe). Like the poster above the immigration were nonplussed about the length of my overstay but all was well in the end and as I went towards the plane I was reassured by the senior I/O that I was not blacklisted and could return, which I duly did. I found the immigration officers extraordinarily reasonable and was grateful that they allowed the matter to be resolved without it being detrimental to me returning. Although I know and understand that this causes annoyance amongst certain forum members, but thankfully it is Thai Immigration who makes these decisions and not some who post on this board.

Edited July 8, 2015 by gilo

[Sharp]

It really baffles me why anyone overstays unless it's medical or other mitigating circumstances....

[elviajero]

It really baffles me why anyone overstays unless it's medical or other mitigating circumstances....

Simple. Even though immigration make the rest of us jump through hoops every year to stay here legally they don't seem to care about overstayers and don't have a punishment or deterrent to prevent overstaying being a choice. It's ridiculous that someone overstaying 11 years pays the same 20k as someone overstaying 6 weeks!

[csabo]

Can he not access ThaiVisa from the internet in his own country and sort out his own issues? Maybe people like you should not enable immature people by sorting out their problems for them if you ever want them to grow up. He chose week in jail and a 5000B fine to avoid a 20000B fine? Who does not have 20000? And you want to help him get back to the life of being totally irresponsible and not having a measly 20000B to his name? Wow...some people. Best thing you can do for your "friend" is tell him he is blacklisted and to immediately look for a job.

[Guest]

It really baffles me why anyone overstays unless it's medical or other mitigating circumstances....

What baffles me is the inverse.

i have tha absolute luxury of a retirement visa, and always have.

What I do not get is how people can stay for years, and jump through hoop after hoop. How much DOES all that in and out add up to?

Pull out a calculator. 20,000 maximum fine is cheap, if you stay long enough!

The trick is, it is .. as is so many things in life .. all about your attitude the day you confront the problem. I mean, we have Gilo .... as he posted .. overstay 11 Years , pay the 20,000, and turn right back around and come to the kingdom.

He is a math genius!

[SOTIRIOS]

...why only a 5000 baht fine...for 1 year.....???

[Sharp]

I concur bangkokequity but it's a long time to be looking over their shoulder and hoping something doesn't happen where u have to show your passport, something I much prefer to do without..

[Chivas]

It really baffles me why anyone overstays unless it's medical or other mitigating circumstances....

No one would if the Penalty fitted the Crime. You got Guys on the thread saying 11 Years no problem. Farcical. You got Moderators saying its fine you can come back........ What about the day it aint fine and the IO tells you no sorry mate you aint coming in.

Its wrong to suggest its fine......Its not !!

[Sharp]

I think the mods are just explaining the state of play as it stands rather than condoning it but I agree there should be a larger penalty for those who just don't give a.#&&@

Edited July 8, 2015 by Sharp

[realenglish1]

This is not an official line its just what I am thinking now

They have a set of visa rules and most of us follow those rules. But there are some that do not and still go out and come back

It may be that the powers to be feel that they just want the money and don't really care about the abusers since they know they will get them when they go and then again

when they come back and spend more of their money

They want the money its that simple

[No Apologist]

To the poster "No Apologist", I overstayed 11 years cleared overstay 7th August (20000 fine at Suvarnabhumi) and returned 11th August from KL and got in visa exempt (although I was intently questioned on my arrival back). So to answer your question there is no technical reason why you would not be re-admitted visa exempt (so long as you meet the requirements and satisfy the conditions) although since then I have always secured a visa before re-entering. I would have never have gone near immigration before departing as I knew that it would result in being held in IDC and that therefore the best way is to go to the airport with a ticket out and 20k in your hands and deal with it there ( I got this knowledge from researching on this board and in particular from the very sound advice of Ubonjoe). Like the poster above the immigration were nonplussed about the length of my overstay but all was well in the end and as I went towards the plane I was reassured by the senior I/O that I was not blacklisted and could return, which I duly did. I found the immigration officers extraordinarily reasonable and was grateful that they allowed the matter to be resolved without it being detrimental to me returning. Although I know and understand that this causes annoyance amongst certain forum members, but thankfully it is Thai Immigration who makes these decisions and not some who post on this board.

Thanks Gilo, appreciate your relaying the experience.

[No Apologist]

It really baffles me why anyone overstays unless it's medical or other mitigating circumstances....

Simple. Even though immigration make the rest of us jump through hoops every year to stay here legally they don't seem to care about overstayers and don't have a punishment or deterrent to prevent overstaying being a choice. It's ridiculous that someone overstaying 11 years pays the same 20k as someone overstaying 6 weeks!

Not necessarily, actually. I my case, I would have gladly gone to get a visa, at any point. I'd flown back to Thailand from Europe (after calling Bangkok a home base for 5 years) 3 days before the coup. And suddenly, people like myself who had always done their best to stay above board, were called criminals for 'taking advantage of the Kingdom', as they said it. For those first few months, it was scary, because people were being stranded at borders, and like that. It was like, anyone who'd spent a lot of time in Thailand before - and wasn't married or had a retirement visa - was thought of as a criminal for a while.

I had just enough to survive over the year (sometimes a bit less), but not enough to pay the fine, plus and airfaire, plus be safe landing in a new place unprepared, all at the same time. So, while I totally respect Thailand, I was in a situation where I had to look out for my own safety first for a while.

Eventually, in my case, I finally got a new tour arranged, and was able to pay off my apartment fully, pay my overstay fine, and with respect. And I mean, it wouldn't make sense to see the fine allowed to grow to big, because that would actually KEEP people from leaving, rather than ecouraging it. And as someone said, the price for it, is always having to look over your shoulder everywhere. I stayed in, and lived a quiet life.

Edited July 8, 2015 by No Apologist

[coulson]

It really baffles me why anyone overstays unless it's medical or other mitigating circumstances....

What baffles me is the inverse.

i have tha absolute luxury of a retirement visa, and always have.

What I do not get is how people can stay for years, and jump through hoop after hoop. How much DOES all that in and out add up to?

Pull out a calculator. 20,000 maximum fine is cheap, if you stay long enough!

The trick is, it is .. as is so many things in life .. all about your attitude the day you confront the problem. I mean, we have Gilo .... as he posted .. overstay 11 Years , pay the 20,000, and turn right back around and come to the kingdom.

He is a math genius!

If it can be pulled off, fair enough, I take my hat off. Today we saw Hoteliers warned about reporting their guests within 24 hours, there have been recent spotchecks of foreigners at some sleepy beach towns & you need your passport for anything involving the cops/ hospitals/ bank/ schools even a wat won't take you in as a foreigner unless you have a valid visa.

I guess for most people the inconvenience of doing short weekends around S/E Asia and getting some Thainess respite is actually an added benefit to having your options open, rather than a hindrance. For those that don't want or need any of the above, they can take their chances. 11 years is quite remarkable.

[ToYoungToRetire]

Does thailand have an Embassy in his country? You can apply for a Visa at the Embassy and save the expense of flying there only to be turned away.

[elviajero]

Does thailand have an Embassy in his country? You can apply for a Visa at the Embassy and save the expense of flying there only to be turned away.

Having a visa does not guarantee entry. If an IO has legal cause he can turn someone away visa or not.

[jspill]

What about the day it aint fine and the IO tells you no sorry mate you aint coming in.

Its wrong to suggest its fine......Its not !!

If that change was ever made there would be a 60 day amnesty period before it went into effect, and that would be widely announced. Then overstayers would sort themselves out before it happened

That's the way it works.

It's also very unlikely as it'd require a change to the immigration act of 1971 and open up a can of worms with human rights issues, as people might be separated from their Thai families / dependants.

An overstay is 'like a parking ticket', it's not a big deal - someone posted hearing that from a Thai general in one of these overstay threads recently. Actually being a criminal while on overstay is a different matter - but just being on overstay doesn't mean you were doing anything criminal while here, something that deserves not being let back in.

[jspill]

Having a visa does not guarantee entry. If an IO has legal cause he can turn someone away visa or not.

There are main two criteria IOs turn people away for - suspicion of working here illegally, or not having sufficient funds to support their stay. That's why they sometimes ask for 20k Baht cash for tourist visas / 10k on visa waiver, or proof of a travel itinerary.

That's about it.

If they'd already been blacklisted they'd have a stamp to that effect in their passport - for one of these reasons http://www.thaivisa.com/392-0.html

[thaibreaker]

IDC does not provide the ticket, you have to buy one yourself.

You do pay extra for escorting you to your plane.

IDC provides one for you, they have a lady called Miss Apple who does all the work together with you. But you must set it up yourself, by asking for a meeting.

Of course you must pay for the ticket yourself. There is no internet at IDC for inmates, so they will do it.

One must pay an additional 800 bath for the transport to Suvarnabhumi, if you can wait a minimum of three days.

If you want to speed this up, the expenses are 3500 bath for the transport. Then it can be done the next day.

[paz]

No one would if the Penalty fitted the Crime. You got Guys on the thread saying 11 Years no problem. Farcical. You got Moderators saying its fine you can come back........ What about the day it aint fine and the IO tells you no sorry mate you aint coming in.

Its wrong to suggest its fine......Its not !!

That day, if it ever comes, you can rejoice.

Unhappy with moderators? Complain to the root Admin, or change forum.

[thaibreaker]

It really baffles me why anyone overstays unless it's medical or other mitigating circumstances....

Simple. Even though immigration make the rest of us jump through hoops every year to stay here legally they don't seem to care about overstayers and don't have a punishment or deterrent to prevent overstaying being a choice. It's ridiculous that someone overstaying 11 years pays the same 20k as someone overstaying 6 weeks!

Well, a stay at IDC in Bangkok, even the shortest ones, is punishment enough in itself.

Staying there does prevent overstayers from overstaying again, believe me.

The place and conditions are unreal.

Edited July 8, 2015 by thaibreaker

[jacko45k]

It really baffles me why anyone overstays unless it's medical or other mitigating circumstances....

Simple. Even though immigration make the rest of us jump through hoops every year to stay here legally they don't seem to care about overstayers and don't have a punishment or deterrent to prevent overstaying being a choice. It's ridiculous that someone overstaying 11 years pays the same 20k as someone overstaying 6 weeks!

Whatever happened to the penalties that were proposed some time back whereby a longer term over-stayer would receive a ban from entering the country based on the length of overstay?

[jspill]

Whatever happened to the penalties that were proposed some time back whereby a longer term over-stayer would receive a ban from entering the country based on the length of overstay?

One man's flash in the pan idea that never got enforced, and would be very hard to without changing the immigration act of 1971. The guy isn't even working at immigration anymore, if I recall he was connected to Phuket immigration which have always been more extremist and anti-foreigner in their policies.

http://www.thaivisa.com/forum/topic/801613-harsh-overstay-rules-ever-enforced/