Overstay and getting banned

[Parkinn2016]

A friend , a citizen of a country that gets fourteen days at the border , is currently overstaying .

He is trying everything to get an extension, but can not leave the country right now -- it is a matter of life and death. Expected overstay perhaps about fourty or fifty days. No problems paying the fine on the way out, and laying low so unlikely to get apprehended before he leaves.

If he has overstayed about fifty days and pays the fine, will this cause serious problems returning in the future? He will need to return frequently , on no advance notice, and it is likely to be a potential matter of life and death (health).

1 . Would there be a "black mark" -- higher chance of refusal of entry?

2. Would losing his passport and replacing it effectively correct the black mark problem?

3. Would travelling though a remote border post where a friend of a friend is the thai immigration guy be helpful? Or is an outright ban due to a fifty or,sixty days overstay be a possibility?

4. Would using a flight instead of a land crossing be helpful ? Should he have a flight ticket back out of Thailand To reduce rejection (he would not fly and he does not travel alone, so there is some cost.

5. Would using a full service airline to suWanapoon instead of a deap discounter to don muang be to his advantage?

I am not being overly dramatic when I write that it is a matter of life and death, both now and likely frequently in the future.

Thank you

[Lite Beer]

If he pays his fine when leaving he will have no problem returning.

Best to leave at the airport.

[oncearugge]

Is this in anyway linked to you seeking "a highly specialised nurse"

Extensions of stay are easily obtained if supported by a Hospital letter and applied for PRIOR to overstaying.

Your "friend" will not now be able to secure an extension of stay.

Best follow Lite Beer's advise.

[KhunBENQ]

4. Would using a flight instead of a land crossing be helpful ? Should he have a flight ticket back out of Thailand To reduce rejection (he would not fly and he does not travel alone, so there is some cost.

Yes.

5. Would using a full service airline to suWanapoon instead of a deap discounter to don muang be to his advantage?

No.

If he is in a medical condition himself there are chances to get an extension as mentioned in above post.

Edited October 10, 2015 by KhunBENQ

[elviajero]

1. No.
2. No black mark so no need for new passport.
3. There is currently no ban for any length of overstay. So no.
4. Makes no difference as the overstay is not a reason to deny entry at any border.
5. No.

Your friend has nothing to worry about. As long as they pay the 20,000 baht fine on the way out (at any border) they can come back whenever they want via land or air.

[ubonjoe]

A off topic inflammatory post and replies to it has been removed.

[onthemoon]

There is currently no ban for any length of overstay. So no.

Wrong. Here are the bans for overstays:

[elviajero]

There is currently no ban for any length of overstay. So no.

Wrong. Here are the bans for overstays:

Overstay.jpg

I'm not wrong.

Those rules have not yet been authorised and immigration cannot apply them. Apology accepted.

[onthemoon]

There is currently no ban for any length of overstay. So no.

Wrong. Here are the bans for overstays:

Overstay.jpg

I'm not wrong.

Those rules have not yet been authorised and immigration cannot apply them. Apology accepted.

Well, I didn't photoshop this. I took that picture last week at the Immigration office at Chaeng Wattana. Over to you.

[oncearugge]

There is currently no ban for any length of overstay. So no.

Wrong. Here are the bans for overstays:

Overstay.jpg

I'm not wrong.

Those rules have not yet been authorised and immigration cannot apply them. Apology accepted.

Well, I didn't photoshop this. I took that picture last week at the Immigration office at Chaeng Wattana. Over to you.

It is a "scare" poster put up to deter the miscreants!

I has no legal foundation and cannot be enforced.

[onthemoon]

Wrong. Here are the bans for overstays:

Overstay.jpg

I'm not wrong.

Those rules have not yet been authorised and immigration cannot apply them. Apology accepted.

Well, I didn't photoshop this. I took that picture last week at the Immigration office at Chaeng Wattana. Over to you.

It is a "scare" poster put up to deter the miscreants!

I has no legal foundation and cannot be enforced.

It does make reference to the Immigration Act B.E. 2522 and is placed at the country's Immigration office, so I have no reason to doubt the truth of it.

[speedtripler]

If he pays his fine when leaving he will have no problem returning.

Best to leave at the airport.

I have heard rumours that all overstays are recorded now on the computer and they're is no guarantee you will be even allowed to get on the plane if you have 20k... You might still go to the idc until a judge sees fit to deport you ...

Is there any truth in this?

[elviajero]

There is currently no ban for any length of overstay. So no.

Wrong. Here are the bans for overstays:

Overstay.jpg

I'm not wrong.

Those rules have not yet been authorised and immigration cannot apply them. Apology accepted.

Well, I didn't photoshop this. I took that picture last week at the Immigration office at Chaeng Wattana. Over to you.

Immigration announced this in July last year and want to introduce these bans, but as yet the powers above that govern immigration regulation have not given it the go ahead.

If you search this forum you will not find one person that has been banned for overstaying and will find people with long overstays are still being allowed to re-enter.

As pointed out by oncearugge it is currently being used as a deterrent.

[elviajero]

If he pays his fine when leaving he will have no problem returning.

Best to leave at the airport.

I have heard rumours that all overstays are recorded now on the computer and they're is no guarantee you will be even allowed to get on the plane if you have 20k... You might still go to the idc until a judge sees fit to deport you ...

Is there any truth in this?

None. And why on earth would they go to the trouble of the deportation process when someone is prepared to pay the fine and immediately leave!

Basesless rumour.

[Suradit69]

I'm not wrong.

Those rules have not yet been authorised and immigration cannot apply them. Apology accepted.

Well, I didn't photoshop this. I took that picture last week at the Immigration office at Chaeng Wattana. Over to you.

It is a "scare" poster put up to deter the miscreants!

I has no legal foundation and cannot be enforced.

It does make reference to the Immigration Act B.E. 2522 and is placed at the country's Immigration office, so I have no reason to doubt the truth of it.

Yes and those of us doing annual extension have all signed a similar statement, but it's a warning of what MAY be imposed if the rule is enacted. We've all seen it, so you haven't discovered anything new and, as has been stated repeatedly, it is not now in effect. You're simply arguing about something that has not been implemented. It's been discussed in umpteen threads already. Not in effect yet, if ever.

[elviajero]

I'm not wrong.

Those rules have not yet been authorised and immigration cannot apply them. Apology accepted.

Well, I didn't photoshop this. I took that picture last week at the Immigration office at Chaeng Wattana. Over to you.

It is a "scare" poster put up to deter the miscreants!

I has no legal foundation and cannot be enforced.

It does make reference to the Immigration Act B.E. 2522 and is placed at the country's Immigration office, so I have no reason to doubt the truth of it.

It is quoting the immigration act because overstaying breaks immigration act law.

But the bans being quoted for overstay are not penalties given in the immigration act, and therefore, require the act to be amended or a Ministerial regulation announced before they can be enforced.

[speedtripler]

If he pays his fine when leaving he will have no problem returning.

Best to leave at the airport.

I have heard rumours that all overstays are recorded now on the computer and they're is no guarantee you will be even allowed to get on the plane if you have 20k... You might still go to the idc until a judge sees fit to deport you ...

Is there any truth in this?

None. And why on earth would they go to the trouble of the deportation process when someone is prepared to pay the fine and immediately leave!

Basesless rumour.

I'm here a decade or so and never get asked for papers (mine are legal anyway btw) , local police know me, I speak Thai and if I ever need id for anything my thai driving licence or wp or tb is acceptable without showing passport .....

Technically you could live under the radar for 2-10yrs and still fly out paying 20k?

That means I've wasted shitloads of money over the years just to stay "legit" lollol..

[nithisa78]

Had an overstay many years back. Health issues for Thai people. The man at the border told me if documents were not packed in my checked bag, he'd have waived the fee. He wasn't smiling, but that was what he said. At a later date found out same disposition if it had been me.

[Sheryl]

I know someone who was recently (few months back) refused entry after a long overstay. He attempted the entry within days of departure, perhaps that was a factor. But refused he was, and this was entering by air. Had to book a ticket home from the transit lounge.

[Parkinn2016]

Sorry that it has come off as troll. i wish it was different, but my life is very trollish now.

the answers have been useful to me.

access to medical care right now and numerous times in the future are required for continued life. flying to singapore or malaysia are unaffordable.

as future access is vital i am still wondering whether there is an advantage to losing and replacing the passport -- just in case for the future.

we would consider thai elite, but we would have to buy it for three people, as well as pay current and future medical bills.

[onthemoon]

There is no point in "losing" the passport. However, you can get an extension based on medical grounds. The hospital will help.

[Parkinn2016]

we have spent six hours on each of two days to immigration. we came well prepared. we were polite well dressed. there are some impediments. we have recieved offers of shorter extensions -- 30 day, we accepted immediately, it was rescinded by a higher up.. we have made some friends, but there has been a final no. we have now hired a consultant. i am continuing to work on this. Some thaivisa posters do not have chinese or german or saudi or french passports -- our experience is not always the same.

[willyumiii]

Let's get serious.

Everyone knows the attached sigh is only a notice authorized by the Thai government and posted by the Thai Immigration department.

We all know the real experts and people with authority in these matters are the Thaivisa members.

Isn't that who's advice we should follow?

Edited October 10, 2015 by willyumiii

[oncearugge]

we have spent six hours on each of two days to immigration. we came well prepared. we were polite well dressed. there are some impediments. we have recieved offers of shorter extensions -- 30 day, we accepted immediately, it was rescinded by a higher up.. we have made some friends, but there has been a final no. we have now hired a consultant. i am continuing to work on this. Some thaivisa posters do not have chinese or german or saudi or french passports -- our experience is not always the same.

If you are seeking an extension based on "Medical need" you need a letter from a HOSPITAL DOCTOR which explains exactly why travel cannot be undertaken, what ongoing treatment is being provided and for how long the treatment is expected to last.

Without this letter an extension will not be provided.

[BritTim]

Let's get serious.

Everyone knows the attached sigh is only a notice authorized by the Thai government and posted by the Thai Immigration department.

We all know the real experts and people with authority in these matters are the Thaivisa members.

Isn't that who's advice we should follow?

post-149547-0-54652900-1444473838_thumb.jpg

My advice would be, in general, to accept the advice given by selected posters (such as ubonjoe). Their advice is almost invariably definitive, and easier to understand than information on Thai government websites, which is anyway often outdated or inaccurate. That should be tempered by a recognition that individual immigration offices and border posts sometimes make up their own rules.

As for banning from Thailand for overstays, the immigration officials currently lack the power to impose them (scare posters and statements of intent notwithstanding). You could be prevented from entering Thailand at a later date for other reasons (suspicion of working, insufficient funds) and previous overstays might possibly play a part in the IO's decision making. However, there will be no stamp saying "banned for previous overstay" in your passport until such time as the law changes.

[speedtripler]

Let's get serious.

Everyone knows the attached sigh is only a notice authorized by the Thai government and posted by the Thai Immigration department.

We all know the real experts and people with authority in these matters are the Thaivisa members.

Isn't that who's advice we should follow?

post-149547-0-54652900-1444473838_thumb.jpg

My advice would be, in general, to accept the advice given by selected posters (such as ubonjoe). Their advice is almost invariably definitive, and easier to understand than information on Thai government websites, which is anyway often outdated or inaccurate. That should be tempered by a recognition that individual immigration offices and border posts sometimes make up their own rules.

As for banning from Thailand for overstays, the immigration officials currently lack the power to impose them (scare posters and statements of intent notwithstanding). You could be prevented from entering Thailand at a later date for other reasons (suspicion of working, insufficient funds) and previous overstays might possibly play a part in the IO's decision making. However, there will be no stamp saying "banned for previous overstay" in your passport until such time as the law changes.

I think you maybe underestimating their capabilities

It costs no extra manpower to record overstays on the computer if they choose

Is the fine still Capped at 20,000thb regardless of time overstayed ?

I heard awhile ago they may soon change to let it accumulate at 500thb day without limits... Charge long overstaying guests the full amount but didn't hear anything since

[BritTim]

Let's get serious.

Everyone knows the attached sigh is only a notice authorized by the Thai government and posted by the Thai Immigration department.

We all know the real experts and people with authority in these matters are the Thaivisa members.

Isn't that who's advice we should follow?

post-149547-0-54652900-1444473838_thumb.jpg

My advice would be, in general, to accept the advice given by selected posters (such as ubonjoe). Their advice is almost invariably definitive, and easier to understand than information on Thai government websites, which is anyway often outdated or inaccurate. That should be tempered by a recognition that individual immigration offices and border posts sometimes make up their own rules.

As for banning from Thailand for overstays, the immigration officials currently lack the power to impose them (scare posters and statements of intent notwithstanding). You could be prevented from entering Thailand at a later date for other reasons (suspicion of working, insufficient funds) and previous overstays might possibly play a part in the IO's decision making. However, there will be no stamp saying "banned for previous overstay" in your passport until such time as the law changes.

I think you maybe underestimating their capabilities

It costs no extra manpower to record overstays on the computer if they choose

Is the fine still Capped at 20,000thb regardless of time overstayed ?

I heard awhile ago they may soon change to let it accumulate at 500thb day without limits... Charge long overstaying guests the full amount but didn't hear anything since

They already have a record of your overstays in their computer, for both entries made under your current and any previous passports.

Yes, the cap is 20,000 baht which seems too low. They may be loathe to increase it as it makes it more difficult to get rid of indigent foreigners who have been here illegally for years. Fines must be paid (or exhausted at 200 baht per day in a detention facility) before the foreigner can leave.

[ubonjoe]

I know someone who was recently (few months back) refused entry after a long overstay. He attempted the entry within days of departure, perhaps that was a factor. But refused he was, and this was entering by air. Had to book a ticket home from the transit lounge.

He would of been denied entry under section 12 of the immigration act for some other reason than overstay. If on an exempt entry probably for lack of financial proof or suspicion of working in the country.

There is no denial of entry for overstay in section 12. The only punishment in the immigration act is the max fine of 20k baht. This is why immigration has not been able to get approval for their proposed new overstay rules.

[Sutty]

Slightly sideways from the topic although part of it in a sense.

So stay within the rules do your required documentation jump through hoops then report every 90 days last one year go through same again year on year Versa's Get a multi entrance year non o visa based on marriage get a 30 day extension then border run get 17 months if done methodically so I'm told. Versa's over stay stay without anything no visa ect ect let's say you do this for 5 years no immigration no border runs no money sitting idile in bank no having to wonder what new rules will be applied year on year. Downside if caught possible trip to monkey house although if you have tea money this will be avoided pay overstay fine 2000Bht I belive. Leave country give it a few days and pop back in on tourist visa/ year non o based on marriage have a heart to heart with IO at your reentry point swear you will not overstay again and do another 5 years. Just saying that's all

Edited October 11, 2015 by Sutty

[elviajero]

I know someone who was recently (few months back) refused entry after a long overstay. He attempted the entry within days of departure, perhaps that was a factor. But refused he was, and this was entering by air. Had to book a ticket home from the transit lounge.

He would of been denied entry under section 12 of the immigration act for some other reason than overstay. If on an exempt entry probably for lack of financial proof or suspicion of working in the country.

There is no denial of entry for overstay in section 12. The only punishment in the immigration act is the max fine of 20k baht. This is why immigration has not been able to get approval for their proposed new overstay rules.

You can be locked up for up to 2 years for overstaying or fined up to 20k or both.