New Overstay Rules Announced By Immigration

[lujanit]

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.

This does not sound right. Or have the rules changed? I have left the country many times during a 90 day reporting period and the clock has always been reset to 90 days when I re-entered the country. Maybe there was another reason you had to report to Immigration .................

[Sutty]

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.

Have a look at UK overstaying is on epidemic proportions plus if you get arrested and they can't find your passport they can't deport you until the relevant country issues a temp one in the mean time they are allowed out on bail !!!!guess how many report back

[Suradit69]

Well, Yes, let's see what happens. Last year they made this law which should come into effect immediately. To my knowledge it has been postponed several times.

It's not a law. As Ubonjoe said, it's a Ministerial Regulation, and when it was first mentioned, it was a proposal awaiting approval.

When a change in a regulation or procedure takes place immediately, people complain about not having any warning, and when a warning is issued well ahead of its enactment, people complain that there was a delay in its implementation.

And regardless of the penalty imposed or the excuses made, if you've overstayed your permission to stay, you've broken the law, just as would be true in every country.

And if you find yourself in some unavoidable relatively short overstay you can still "surrender" to immigrations without any unreasonable consequences.

Edited January 12, 2016 by Suradit69

[affen02]

No <deleted> sympaty from my side for overstayers, put all expats in a bad light, except because accident or other medical situation hindering one from appearing at immigration at said date

[Sutty]

This is going back to other threads on here already.

The hang em high brigade v people minding there own business.

Why do you want people to be arrested and chucked out what possible glee would you gain from that. A wife and children without there father. But as I know the remarks already on here leads me to belive You do not care. The milk of human kindness doesn't exist in Thailand.

[Minnehaha]

I hardly think a Tourist with one day overstay is going to be prosecuted.

" I have always relied on the kindness of strangers." Blanche Dubois - Streetcar Named Desire

[Minnehaha]

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

20 years in and out and I still got that mixed up last year

I did a visa renewal and in the process ... while "under consideration" I did not do a 90 day report. (I did manage to explain in Thai to a friendly person (competent authority) and after a bit the fine was halved and stamped.) Thank you very much.

Also once while in hospital bed, I believed the hospital staff and took their letter to Immigration and they smiled and calculated days of overstay as it was also a Visa renewal. This was something like 6 days. No breaks. They said I should have sent my passport in with someone (my wife?). And I agreed I should have known better. So should the hospital!

[Thaidream]

In 50 years and hundreds of trips in and out of Thailand- I have never overstayed even 1 day. However, I believe the law is poorly written. If one makes an honest mistake and then is stopped and found to be a few days overstay- your life depends upon convincing the Immigration not to prosecute or then convincing a judge not to blacklist. While the current law is somewhat benign the new law is way to severe. It doesn't matter what Western countries do, Thailand used to be know for its readiness to bend. Let us see how this is actually handled in reality. My instincts tell me money is going to make the difference and that is not how the law should work.

Edited January 12, 2016 by Thaidream

[luke000]

I hardly think a Tourist with one day overstay is going to be prosecuted.

What is the current regulation ?

Even now and previously people who were caught overstaying were deported , but are they given a few days grace if they caught overstaying by just a few days ?

I did attend CM immigration last year on a two day overstay, wasnt really my fault , they bought a new rule in stating that Ed Visa people must get an exit stamp from their local immigration office and a letter from their school canceling their Ed Visa , by the time I got all that sorted out , I was overstaying by two days .

The immigration officer looked at me quizzically and told me that I was overstaying and he asked me when I intended leaving "Look, I got my bags here with me and as soon as you give me the paperwork to cancel my Visa, Im going" He just smiled, gave mne the paperwork and wished me a pleasant journey

[firestar]

In 50 years and hundreds of trips in and out of Thailand- I have never overstayed even 1 day. However, I believe the law is poorly written. If one makes an honest mistake and then is stopped and found to be a few days overstay- your life depends upon convincing the Immigration not to prosecute or then convincing a judge not to blacklist. While the current law is somewhat benign the new law is way to severe. It doesn't matter what Western countries do, Thailand used to be know for its readiness to bend. Let us see how this is actually handled in reality. My instincts tell me money is going to make the difference and that is not how the law should work.

Grey areas are the perfect breading ground for more corruption.

I was late by 1 day once in 15 years because of the massive floods a few years ago. You'd think the immigration officer would understand, but no, he was a real <deleted> about it. So what now? somebody caught in floods is banned if the officer is having a bad day?

People will say no it won't happen but when things are open to interpretation like Thailand's 10 year in jail or/and 10k fine it means you are at he mercy of a uniform. Why not make it 100% clear?

[joebrown]

Looks like the happy "tourist" brimming and smiling following his great adventure into paradise....could be in for a surprise at if he dosnt get to Suwanna.....

Having had so much fun decided to change his flight which brought him over the 30 VE day limit.... late but no problem .

Been told he can pay overstay at Airport Immigration...so.....500 Baht in hand at the ready...O happy days..Be back in 3 months time.....

errr ......whats that ahead ..a police check point....?

Yes, it occurred to me that we might see an increase in the number of police checkpoints on the approach roads to the airports. Could be a good time for the police to acquire a substantial tea money bonus by stopping unsuspecting overstayers about to leave the country.

[Expattaff1308]

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...

How do they make a mistake and miscalculate? Immigration clearly stamp your passport "Admitted Until" Hardly difficult to work out, they stamp the date you have to leave by.

[FritsSikkink]

Good about time.

How is it good?

Do overstayers impact on your lifestyle?

yes, too many bikes on the road

[FritsSikkink]

In 50 years and hundreds of trips in and out of Thailand- I have never overstayed even 1 day. However, I believe the law is poorly written. If one makes an honest mistake and then is stopped and found to be a few days overstay- your life depends upon convincing the Immigration not to prosecute or then convincing a judge not to blacklist. While the current law is somewhat benign the new law is way to severe. It doesn't matter what Western countries do, Thailand used to be know for its readiness to bend. Let us see how this is actually handled in reality. My instincts tell me money is going to make the difference and that is not how the law should work.

Grey areas are the perfect breading ground for more corruption.

I was late by 1 day once in 15 years because of the massive floods a few years ago. You'd think the immigration officer would understand, but no, he was a real <deleted> about it. So what now? somebody caught in floods is banned if the officer is having a bad day?

People will say no it won't happen but when things are open to interpretation like Thailand's 10 year in jail or/and 10k fine it means you are at he mercy of a uniform. Why not make it 100% clear?

no, you are at mercy of a judge like in any other country when you break the law

[boonmachan]

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.

Read carefully. It says more than 90 days. Not few days over.

[FritsSikkink]

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

no need to shout Edited January 12, 2016 by FritsSikkink

[Loles]

And what about theBurmian, Camboduan workers who are nuilding up Thailand?

Or Thais would like to work ? ???

[FritsSikkink]

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.

BS story

[FritsSikkink]

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

20 years in and out and I still got that mixed up last year

I did a visa renewal and in the process ... while "under consideration" I did not do a 90 day report. (I did manage to explain in Thai to a friendly person (competent authority) and after a bit the fine was halved and stamped.) Thank you very much.

Also once while in hospital bed, I believed the hospital staff and took their letter to Immigration and they smiled and calculated days of overstay as it was also a Visa renewal. This was something like 6 days. No breaks. They said I should have sent my passport in with someone (my wife?). And I agreed I should have known better. So should the hospital!

no the hospital is there to cure you everything else is a gift

[mango66]

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.

hopefully we getting to law and order closer ;

Good news for any farong who do his homework correct and get the correct visas;

[wvavin]

Thai Overstay Rules are only a joke to developed countries!

[lounger]

I havent bothered to read the personal interest posts but skimming through seems that the 90 day overstay is deemed by many to be anything upto 90 days. I know Thainglish is poor but I reckon the fines will exist up to 90 days and the expulsion for OVER 90 dDAYS as it says.............

[Brer Fox]

If this move helps get rid of some of the dregs who hang about in the dark and sinister corners of Thailand then it will be a good thing. If some other well behaved visitors and expats get caught up in the net then they can blame themselves. It's not like you have to be a Rhodes Scholar to work out when your visa expires.

[roiethome]

I note that the wording says after the date the visa expires.

If you come in on a 30 day visa exempt stamp will that mean that they only get charged for an overstay and not a ban as technically they have not overstayed a visa ?

just a thought

[Eclipse]

I note that the wording says after the date the visa expires.

If you come in on a 30 day visa exempt stamp will that mean that they only get charged for an overstay and not a ban as technically they have not overstayed a visa ?

just a thought

Once anyone enters the country their Visa is dead and gone.

They will be overstaying their Permission to Stay.

[Huayrat]

Just another money maker for them.. Bigger fines and let off is what will happen..

[sawadee1947]

excellent! Well done

[AdamRich]

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.

Better learn how to count then!

[mango66]

how can you miscalculate? . you email yourself the date In your passport, set alarm on Google, sent email to yourself 1 week before, repeat alarm 3 days before.

place the date on your exit door so you see it everyday.

etc.

and you have propably your flight ticket ready too !!

if you miss your plane even for 15 minutes,

you are lost !!

[chuang]

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.

so time to take your calculations seriously

I am sure there are thousands upon thousands who stay/visit here for decades have not miscalculated their departure dates......so why you...