PM Prayuth to decide on tough new penalties for foreigners who overstay

[Jonathan Fairfield]

PM Prayuth to decide on tough new penalties for foreigners who overstay

Image: Manager.co.th

BANGKOK:-- Prime Minister Prayuth Chan-o-Cha is considering whether or not to introduce new, stricter penalties for foreign nationals who overstay in Thailand, according to Immigration chief Pol Lt Gen Nathathorn.

Pol Lt Gen Nathathorn told reporters on Sunday the new rules on overstay being considered by the PM are as follows:

For an offender who cooperates and hands him or herself in to Immigration:

• Overstay of more than 90 days = barred from re-entering Thailand for one year.

• Overstay of more than 1 year = barred from re-entering Thailand for three years.

• Overstay of more than 3 years = barred from re-entering Thailand for five years.

• Overstay of more than 5 years = barred from re-entering Thailand for ten years.

For an offender who is arrested for overstaying their visa:

• Overstay of less than 1 year = barred from re-entering Thailand for five years.

​

• Overstay of more than 1 year = barred from re-entering Thailand for five years.

These penalties were first proposed in 2014 after Immigration officials informed the Interior Ministry that the existing penalties for overstay, which include a fine of 500 THB for each day of overstay, up to a maximum 20,000 THB, were not enough to deter people from overstaying in Thailand.

Currently people who overstay their visa can simply pay the fine and immediately return to Thailand.

The new, tougher penalties, which have been approved by the Interior Ministry, have been passed to PM Prayuth for his approval.

In 2013, more than 70,000 foreigners were charged with overstaying their visas.

Pol Lt Gen Nathathorn was speaking at the conclusion of the Immigration Bureau’s “Good Guys In, Bad Guys Out” operation, which resulted in more than 9,000 foreigners being held for overstaying their permission to stay in Thailand.

Source: Manager.co.th

- additional reporting from Ketsarin Kadlangka

-- 2015-10-25

[swampdonkey]

Looks like the warning sign in immigration may not be far wrong.

[elviajero]

About time! Although 90 days is too generous before bans kick in.

[Petchabun Man]

The penalties are not harsh enough ! But it is about time. Thousands of dodgy foreigners are crapping in their pants right now. GOOD!

[aussieinthailand]

Hmmm there are a number of reasons a person over stay's in a country and not all are simply people trying one on.

So in case of illness or accident as often happens and still have the 20,000 baht fine, now they want to have a bigger crack,

Welcome too LOS..............

I my self just forgot my 90 day check in, normally on the calendar but this time no'p, paid the fine all good,

[jspill]

Doubt it happens if it didn't last year, it's the same proposal. They'd have to change the 1971 immigration act.

[lockman]

Hmmm there are a number of reasons a person over stay's in a country and not all are simply people trying one on.

So in case of illness or accident as often happens and still have the 20,000 baht fine, now they want to have a bigger crack,

Welcome too LOS..............

I my self just forgot my 90 day check in, normally on the calendar but this time no'p, paid the fine all good,

In case of accident or illness most all hospitals report your presence to immigration, and normally not charged for overstay as the DR will provide a slip for immigration. I've even seen our local immigration go to the hospital and do 90 day, etc right there.

[phoenixdoglover]

Under these penalties, I can't see why anyone would ever turn themselves in when their overstay exceeds 90 days.

Edited October 25, 2015 by phoenixdoglover

[swampdonkey]

Doubt it happens if it didn't last year, it's the same proposal. They'd have to change the 1971 immigration act.

Don't worry it will happen

[elviajero]

Doubt it happens if it didn't last year, it's the same proposal. They'd have to change the 1971 immigration act.

No they don't. This can be enforced by regulation.

[elviajero]

Hmmm there are a number of reasons a person over stay's in a country and not all are simply people trying one on.

So in case of illness or accident as often happens and still have the 20,000 baht fine, now they want to have a bigger crack,

Welcome too LOS..............

I my self just forgot my 90 day check in, normally on the calendar but this time no'p, paid the fine all good,

Mostly it's because they are skint and shouldn't have been here in the first place.

If someone is ill they can apply for an extension of stay on medical grounds.

90 day reporting is not overstaying.

[jacky54]

good overstayers are nothing but trouble for the rest of us who abide by the rules, it's not hard.

[gandalf12]

Hmmm there are a number of reasons a person over stay's in a country and not all are simply people trying one on.

So in case of illness or accident as often happens and still have the 20,000 baht fine, now they want to have a bigger crack,

Welcome too LOS..............

I my self just forgot my 90 day check in, normally on the calendar but this time no'p, paid the fine all good,

In the case of illness / hospitalisation immigration can help in those circumstances. Many people on here, not in this post but other posts, have made excuses that they forgot when their visa expired and overstayed by 2 years. As everyone has said it causes problems for all of us so it is about time it was clamped down on

[Aachen]

Hmmm there are a number of reasons a person over stay's in a country and not all are simply people trying one on.

So in case of illness or accident as often happens and still have the 20,000 baht fine, now they want to have a bigger crack,

Why not call immigration? Even your Doctor/Hospital does for you. Then you get your time free of problems! You just have to take care of your duties.

[Pib]

As mentioned in the article this proposal went to the PM for approval last year but was returned for further consideration. Looks like it returned in the same form. Probably all part of Thailand's effort to combat human trafficking....and the recent deadly bombing brought it to the forefront again in how weak immigration enforcement and border control is.

Maybe this is like the Ground Hog Day movie where Bill Murray keeps waking up to the same day and basically re-experiencing the same events. But he remembers how the previous day events went and makes small changes to the events of the new day. Eventually some significant changes are made via incremental changes.

[elviajero]

Under these penalties, I can't see why anyone would ever turn themselves in when their overstay exceeds 90 days.

They probably wouldn't if they want to come back, but having the possibility of a 5 or 10 year ban if you get arrested might change a few mindsets.

[gamini]

Hmmm there are a number of reasons a person over stay's in a country and not all are simply people trying one on.

So in case of illness or accident as often happens and still have the 20,000 baht fine, now they want to have a bigger crack,

Welcome too LOS..............

I my self just forgot my 90 day check in, normally on the calendar but this time no'p, paid the fine all good,

not a problem..immigration will extend visa with letter from dr. or hospital . they are very considerate in these matters. .

[borisloosebrain]

Overstaying a visa is a pretty minor thing compared to overthrowing a government. Just sayin....

[Denim]

Not rocket science. Don't overstay ......... respect the law ....... problem sorted.

[geriatrickid]

Hmmm there are a number of reasons a person over stay's in a country and not all are simply people trying one on.

So in case of illness or accident as often happens and still have the 20,000 baht fine, now they want to have a bigger crack,

Welcome too LOS..............

I my self just forgot my 90 day check in, normally on the calendar but this time no'p, paid the fine all good,

Are you aware that the majority of over stayers are Asian, specifically Cambodian and Burmese workers? "European"s" represent a small number of these cases.

The cases you refer to are minimal because illness and accident caused delays are relatively rare. There is a procedure in place to address the issue. I cannot recall any cases where someone who was hospitalized and where the forms were submitted attesting to the illness, was penalized. You forgot your visa. Well, that's your issue isn't it? If you forget to pay your taxes or renew your driver's license in Australia, what do you expect will happen? As a reasonable chap, you understand the consequences, just as you should understand that there are consequences to screwing around with Thailand's immigration laws. The laws obviously need to be tightened up because of the extensive number of violations.

[stoneyboy]

Hmmm there are a number of reasons a person over stay's in a country and not all are simply people trying one on.

So in case of illness or accident as often happens and still have the 20,000 baht fine, now they want to have a bigger crack,

Welcome too LOS..............

I my self just forgot my 90 day check in, normally on the calendar but this time no'p, paid the fine all good,

Are you aware that the majority of over stayers are Asian, specifically Cambodian and Burmese workers? "European"s" represent a small number of these cases.

The cases you refer to are minimal because illness and accident caused delays are relatively rare. There is a procedure in place to address the issue. I cannot recall any cases where someone who was hospitalized and where the forms were submitted attesting to the illness, was penalized. You forgot your visa. Well, that's your issue isn't it? If you forget to pay your taxes or renew your driver's license in Australia, what do you expect will happen? As a reasonable chap, you understand the consequences, just as you should understand that there are consequences to screwing around with Thailand's immigration laws. The laws obviously need to be tightened up because of the extensive number of violations.

And bombings,which has prompted this more so.

[lee b]

Good, many ppl overstay thinking its fine...I will never get caught etc...GET RID

[dageurreotype]

I love all these 'you must obey the law' posts from the very same posters who constantly bash Thailand for it's being lawless As an aside, whether the guy sitting next to me on the number 9 bus to Nakon Nowhere is on overstay or not makes not a jot of difference to my life. So how does it your's

[konying]

Nothing wrong with tough penalties , but perhaps immigration should also consider Visa changes .

Example being , 1 year holiday visa

1 year working visa , and so on.

May be less people will be overstaying and more quality people will be coming.

Not to mention proper visa application and screening

[phuketruski]

Good, many ppl overstay thinking its fine...I will never get caught etc...GET RID

Why is the army general now controling immigration ? Did anyone thing that ?

[jspill]

I love all these 'you must obey the law' posts from the very same posters who constantly bash Thailand for it's being lawless As an aside, whether the guy sitting next to me on the number 9 bus to Nakon Nowhere is on overstay or not makes not a jot of difference to my life. So how does it your's

+1

Makes absolutely no difference. All these 'they're making it hard for the rest of law abiding expats' are nauseating.

[attrayant]

This is confusing. These overstay bans have been on display in the lobby at Chaengwatana for some time now, but according to the article it's just now being considered.

[BritTim]

Good, many ppl overstay thinking its fine...I will never get caught etc...GET RID

Why is the army general now controling immigration ? Did anyone thing that ?

Afaik, there are two ways these changes can be introduced:

• Amendment of the 1971 Immigration Act
• A section 44 order under the interim constitution

The second, which is much easier, must be issued by the Prime Minister.

[FritsSikkink]

Hmmm there are a number of reasons a person over stay's in a country and not all are simply people trying one on.

So in case of illness or accident as often happens and still have the 20,000 baht fine, now they want to have a bigger crack,

Welcome too LOS..............

I my self just forgot my 90 day check in, normally on the calendar but this time no'p, paid the fine all good,

if you sick you can get an extention, so no reason

[lee b]

Good, many ppl overstay thinking its fine...I will never get caught etc...GET RID

Why is the army general now controling immigration ? Did anyone thing that ?

I Don't thing I Think.