New Overstay Rules Announced By Immigration

[Tywais]

Post in non-English removed as per forum rules.

[Just1Voice]

Real simple. Do it legal and you don't have a problem. Their country, their rules.

[mgjackson69]

Good about time.

How is it good?

Do overstayers impact on your lifestyle?

I am not sure about "lifestyle", but people flaunting the immigration rules brings attention to all who fall under those rules.

[NanLaew]

... I spent a fair amount of money on that two month vacation and now after 14 trips to the country, getting threatened with these penalties is not appreciated.

Why? You think you may mistakenly overstay again?

Edited January 12, 2016 by NanLaew

[TallGuyJohninBKK]

So it doesn't look like there is a 90 day grace period for those arrested. Caught with a 1 day overstay and it's a 5 year ban!

That's the way I read it also... Pretty HARSH for anyone unlucky to get arrested while on a very brief overstay.

Yes, the reg does say "arrested and prosecuted", not just arrested on overstay. But the way the Thai authorities operate, who knows how that language is going to be used in real life situations.

They could very well take the language literally, and start handing out 5 year bans for any overstay arrests. I guess we'll find out when the time comes.

Edited January 12, 2016 by TallGuyJohninBKK

[nev]

A good way out for some falang who want to escape, overstay get tilac take you to the border get arrested and deported and banned for so many years, goodbye to the leach.

Disclaimer", this is fiction and based on no real person or persons

[toooa]

So, I have been here 10 years legally and I miscalculate my dates and I am stopped and arrested a few days over. Automatic 5 year ban. Wow a bit harsh but TIT.

Arrested and prosecuted is what it says. Doesn't seem harsh to me that they'd want to ban criminals from the country.

maybe Germany could learn a thing or two... they just want to invite more criminals in don't they?

[Pib]

So, I have been here 10 years legally and I miscalculate my dates and I am stopped and arrested a few days over. Automatic 5 year ban. Wow a bit harsh but TIT.

Arrested and prosecuted is what it says. Doesn't seem harsh to me that they'd want to ban criminals from the country.

The key does seem to be the "and prosecuted" part. If they don't prosecute and just let you clear the situation up/leave the country with only a fine, then no ban would probably be applied. We read everyday in news media that someone is initially arrested for something with the possibility of a fine and jail time, but all too often the charges are dropped or the person is let off with a lite fine...or even sometimes with just an apology. Time will tell how the new rules are truly implemented.

[NanLaew]

Come 20 Mar 16 the bell will toll for overstayers with over a 90 days overstay for those who surrender themselves, but for those who get arrested it appears there is no 90 day grace period if I'm reading the announcement right.

If I was an overstayer of over 90 days I would definitely exit Thailand before the rules go into effect 20 Mar 16 in order to avoid a long ban on reentry. Get legal on your stay or possibly say goodbye to Thailand for a year (or many more depending on overstay length) once identified as an overstayer.

Actually, I'm somewhat surprised the govt is actually putting it into effect but it does appear it's going into effect 20 Mar 16.

The much lamented 'grace period' started when they published the statement that ubonjoe has kindly posted here. Those with a penchant to ignore the way the wind is blowing have more than 60 days to get legal or face the consequences.

I would hope that in-flight announcements on inbound flights will include reference to the new overstay penalties, similar to the drug penalty announcements that neighboring countries mandate arriving airlines to make. The landing cards that every arriving passenger receives AND SIGNS should include statements about the perils of overstaying and require the passenger SIGN IT as well. This is similar to the short declaration that passengers arriving in the US without a visa have to sign. Handily enough, there's already a blank page on the current landing card so the new declaration could easily be added.

There's a 'must leave by' date stamped in the passport and a signed acknowledgment of the penalties on the landing card. Is it really too bad if anyone claims to have overlooked these and gets banged up?

[bazza40]

Would this affect 90 day reporting by people on retirement visas in any way?

[ezzra]

Strange the why they use the word ' Aliens ' sound like we all some kind of E.T's who have all came from mars to

settle in Thailand, use of foreigners, new comers, noncitizens, temporary and permanent visitors will sound

a lot better....

[MYKTHEMIN]

Good about time.

How is it good?

Do overstayers impact on your lifestyle?

Yes they do, immigration officers are now far more annal than before and in the overstayers are criminals, illegal immigrants.

[2fishin2]

Consequences in the US:

Not abiding by a country's laws is a violation anywhere.

http://www.visapro.com/Immigration-Articles/?a=173&z=30

[cedel]

elviajero, on 12 Jan 2016 - 08:54, said:

So it doesn't look like there is a 90 day grace period for those arrested. Caught with a 1 day overstay and it's a 5 year ban!

I don't think it would be a 5 years ban, many tourists are unaware or can make a mistake of calculation with the planes, and could have 1 or 2 days overstay...in 12 years, it happenned once to me, and the 1st day overstay was "free of charge", then, 500 baht fine from the 2nd day; it is not mentionned here, but I doubt they would renounce to those financial fines...!!

Edited January 12, 2016 by cedel

[roath]

When caught with overstay a judge will make the decision on the fine and the ban. That is where the prosecuted term comes into play.

I don't think they would ban a person for just a few days of overstay unless they were a repeat offender.

Technically speaking, if you go before a Judge, then that means that you have been 'Prosecuted'. Maybe there is some leniency for the Judge and/or Immigration as to whether they will apply the ban, but that isn't clear.

[toooa]

Real simple. Do it legal and you don't have a problem. Their country, their rules.

I didn't know Thailand was collectively owned...I had the impression it was just a few 'good men' telling everyone else what to do...

[Sutty]

I think you have all missed a good point here "immigration confirm new overstay rule".

When someone in authority stands up and says this is now law not immigration tital tattle I'll read it until then it's assumptions. Dont bother giving me chapter and verse and endless links up to now it is not law end of story

Edited January 12, 2016 by Sutty

[JIMMY56]

JUST TO RECONFIRM, YOUR 90 DAY REPORT STARTS FROM WHEN YOU ENTER/RE-ENTER THE COUNTRY

[FangFerang]

Nothing black and white here. Nothing...

Forgiveness is just an ATM away............

[dageurreotype]

Come 20 Mar 16 the bell will toll for overstayers with over a 90 days overstay for those who surrender themselves, but for those who get arrested it appears there is no 90 day grace period if I'm reading the announcement right.

If I was an overstayer of over 90 days I would definitely exit Thailand before the rules go into effect 20 Mar 16 in order to avoid a long ban on reentry. Get legal on your stay or possibly say goodbye to Thailand for a year (or many more depending on overstay length) once identified as an overstayer.

Actually, I'm somewhat surprised the govt is actually putting it into effect but it does appear it's going into effect 20 Mar 16.

Or just buy a new passport. Chipped and everything. Even advertised in the BP month or so back

[cedel]

When caught with overstay a judge will make the decision on the fine and the ban. That is where the prosecuted term comes into play.

I don't think they would ban a person for just a few days of overstay unless they were a repeat offender.

Technically speaking, if you go before a Judge, then that means that you have been 'Prosecuted'. Maybe there is some leniency for the Judge and/or Immigration as to whether they will apply the ban, but that isn't clear.

It is indeed not mentionned, but I doubt that they would renounce to the 500 baht per day fine...at least for the first few days or weeks...and by the way, there was a "grace" period of 1 day, it was free of charge, what about now ? Sometimes a tourist could make a mistake of 1 day calculating by month, or maybe not take into account the day of arrival as nr 1, but calculating from the day following his arrival in the kingdom...

[petgunya]

Has this been published in the Royal Gazette and thus making it a law?

It is a ministerial regulation not a law. The reason for it not starting until March is for the 60 day requirement from the date it was published.

A couple of relevant observations here;

If its a ministerial regulation and not a law, then how could it be administered with any lawful relevance?

Even so, March 20th is 60 days hence from Jan 23rd, which doesn't occur for another 11 days. Does that indicate some anomaly or is the March 20th date a discretionary "buffer" date applied by the ministry?

Despite this prospectively being only a ministerial regulation and not law, - that probably would make no difference to the overstayer that voluntarily departs the country after March 20th and receives a red stamp ban from the immigration officer who is simply following his directives and as far as he's concerned it "is" law or at least lawful enough having come from the superior officers of the Immigration Bureau.

Any subsequent attempt to board a flight to Thailand by the overstayer with an annotated ban would fail, and thus the significance of whether the ban was lawful or simply a ministerial regulation would make zero difference to the person banned!

My point being,.. whether or not this becomes a law on March 20th won't make any difference to voluntary departers who will receive bans upon exit by immigration officers who are simply doing their job. It may have some relevance to those being caught and prosecuted who subsequently go before a Thai judge, who then one would assume is obligated to act according to the law and not to ministerial or bureaucratic policy.

Your thoughts on this Ubon Joe?

[Kasset Tak]

At least we can get visas to Thailand quite easily so that we can be here legally!
One of my Thai friends and his family (3 people) applied for tourist visas to US. They wanted to visit his sister as she is married to an American and she is also a neutralized US citizen. My friends owns a pig farm (1,400 pigs), a pharmacy and my friends wife is a nurse at the local hospital but still they were denied visas by the US embassy in BKK because as they only had 900,000 Baht in the bank and thereby the embassy deemed them to be going to US for work...

[dageurreotype]

I think you have all missed a good point here "immigration confirm new overstay rule".

When someone in authority stands up and says this is now law not immigration tital tattle I'll read it until then it's assumptions. Dont bother giving me chapter and verse and endless links up to now it is not law end of story

Great clickbait though Again

[firestar]

You are TOTALLY wrong with your comment on the repercussions of a US overstay. In my case; an ALLEGED overstay, I have resigned myself to the fact that I will receive an unpleasant 'secondary inspection' every time I arrive in the US in perpetuity. I am also banned from using the visa waiver system; therefore I need a visa for each and every US entry. They are not legally bound to share this overstay evidence with me or my attorney; the onus is on me to prove that I didn't overstay. This dates back to 2002... about 4 passports and several hundred boarding passes ago.

Imagine what the 'TV grumpies' would make of being pulled up each and every time they enter LOS?

Nothing tall or equestrian about it.

So you are not banned and have been able to go back "several hundred" times since then?

Like I said you are not barred if you overstay in the US less than 180 days you get a overstay stamp in your passport meaning the officer at immigration will pull you over. How is that worst than an outright ban?

You also miss understood the TV comment, they aren't complaining it's too hard, they are wishing people with two days overstay get the ban, they would welcome people getting pulled over.

Edited January 12, 2016 by firestar

[FredNL]

A good friend (IT developer and working for a university in Bangkok) was arrested in October last year on his way to Vientiane for overstaying his Visa by 2 hours. As he was born in Luxembourg with both parents having the Cuban nationality, Only if 1 of the parents is Luxembourgisch, you can have the Luxembourgisch nationality. For import it is impossible. He was send to Cuba, had to pay his flight himself, what was pretty expensive (150,000 THB) by Air China to Beijing, Havanna. Right now he's in Luxembourg with a big red stamp in his Cuban passport saying forbidden access to Thailand or its properties (airports) till November 2020 !!! So the 5 year rule was there already in November last year.

[FredNL]

JUST TO RECONFIRM, YOUR 90 DAY REPORT STARTS FROM WHEN YOU ENTER/RE-ENTER THE COUNTRY

It used to be.

I re-entered Thailand after a 6 week stay in Europe. At arrival the immigration officer even told me that I had to report myself at Immigration in Wattana. I asked him and later also in Wattana if the 90 days didn't start at the airport. They denied because my 90 days weren't finished when I arrived back in Bangkok. If I re-entered after my 90 days were valid, it would start at the day re-entering. It didn't cost me anything else than 3 hours for going to Wattana.and back.

[Geordie59]

Seems pretty simple to me.
Don't over stay your visa!
I don't know of many other countries where people seem so relaxed about over staying a visa and seem to get angry when they are penalised for doing so.

[ToS2014]

About time! Adults need to begin to act like adults and follow the rules....even though the rules are quite 'flexible' in Thailand.

[ldiablo]

If you're caught on overstay in Canada the government buys you a convenience store.