New Overstay Rules Announced By Immigration

[mango66]

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.

Yes, the key words are "arrested and prosecuted". But as others are pointing out, a one day miscalculation could lead to a 5 year ban? That is just wrong. Draconian policies tend to not bother the illegals, since they are going to try and get away with it anyway, but it can really harm the general Tourist population that makes a mistake or gets a bit lax now and then. I know I did a one day overstay in the past, and this was after 11 trips to the country. I thought paying a nominal fine at the border was OK and I was happy to do that as I extended my trip via a border run for another 30 (29) days. 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.

Wouldn't worry too much, after 14 trips I am sure you know that all is negotiable. This is just a mechanism to get rid of the real undesirables, and long time overdue.

so you think to continou with cheating thai immigration laws will continou ?

In first step you always will be arrested -

have fun there until you see the prosecuter !

maybee you go free with a small penalty,

but your ticket also will be lost and you pay a new one !!

Why is it so difficult to keep the immigration and visa rules ?

Beleave - I have travelled 80 countries - thais are one of the easy ones !

So overstayers - go back to regular stays in LOS !!

[2fishin2]

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.

Under the new policy dont they get 90 days free before they are blacklisted and/or banned? Isn't that what is stated in the policy on page one? That's not "way to severe" in my way of thinking actually, too liberal to my tastes.

Don't bite the hand that feeds ya!

[Ocicat]

If everybody played exactly by the rules, the immigration department would lose a lot of revenue and therefore they would put in some more ridiculous rules with associated fines to make up for the loss.

My Thai wife got a permanent resident card for Canada and has no need for a visa and no ridiculous check in requirements. Why can't this country just reciprocate? We live half a year here in Thailand and the other half in Canada.

My visa for Thailand is a one year OA and I still have to check in every 90 days to confirm I am still at the same address. Would it not be prudent for them to say " if you move or change address, please call us" and don't waste half a day going through the hoops. The more I"m here, the better it looks across the ocean.

[ukrules]

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

Probably not but they're going to be banned. After being arrested I doubt they will ever come back anyway. I wouldn't.

[bangon04]

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

Chinese government very reluctant to issue a temp passport. Can take 5 years. The UK has no immigration check on exit and therefore has no way to know who is on overstay.

There are raids on restaurants. The illegals are questioned, and without valid passports are bailed to appear at a later date. That will teach them a lesson.....

[ukrules]

My Thai wife got a permanent resident card for Canada and has no need for a visa and no ridiculous check in requirements. Why can't this country just reciprocate? We live half a year here in Thailand and the other half in Canada.

Thailand is a special, just ask any Thai.

[mango66]

Good about time.

How is it good?

Do overstayers impact on your lifestyle?

yes, as we regular stayers, we for sure contribute correct to the public system ,

which some other use without, or minor contribution,

not to talk about tax and other duties ;

Its time to do the correct things !!

[Shazdeb]

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 exactly how it reads.......is there any official clarification on that? It seems a bit draconian.

Why is everyone saying 1 day overstay is prosecution ?? I read it and it says OVER 90 days so a couple of days is still no problem ....... If your overstaying 3 mths or more you should prosecuted thats not an oversight. Every Country has the same whats the big deal

[D3030]

All I know - they should put out an official statement as well that says something like:

"No matter how long you overstayed - pay the fine and depart our country immediately without being blacklisted or banned for any period before the stricter law goes into effect."

Some overstayers are worried of the unknown consequences if the depart now.. But should have no question what will happen in March..

[2fishin2]

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

Probably not but they're going to be banned. After being arrested I doubt they will ever come back anyway. I wouldn't.

ehm you didnt read the rules....

[alanrchase]

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

Chinese government very reluctant to issue a temp passport. Can take 5 years. The UK has no immigration check on exit and therefore has no way to know who is on overstay.

There are raids on restaurants. The illegals are questioned, and without valid passports are bailed to appear at a later date. That will teach them a lesson.....

Exit checks started in the UK last April.

[mango66]

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.

the Judge will deside, and beleave its not a cleaning stuff !!

He will know what to do !

If you have been there for almost 2 - 5 years with only visa runs,

he know exactly that it was a planned overstay and will court you to the new rules !

If you a real tourist - hotel bookings - flight tickets -

and you once in 3 years there, you will finish propably with a small fine and no ban !!

the new rules are not against tourists -

you guys know for whom they are,

no winning now please !!

Take the correct visas !!

[mango66]

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...

go back to your mathe teacher

[F4UCorsair]

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

It can't be simpler J1V, so why do people try to make it more difficult??

[roo860]

About time.

At least we now have an official ruling on kids overstaying.

And grown ups.

[HerbalEd]

About time.

At least we now have an official ruling on kids overstaying.

Kids??? 5555 Many older expats overstay also.

Edited January 12, 2016 by HerbalEd

[captspectre]

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.

just got my yearly retirement visa renewed and I had to sign a statement saying the above! plain and simple, you overstay, you pay!

[mango66]

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

your missus or the hospital also can " inform " the immigration,

in such a case you must - as can not - visit the immigration personal !!

[ubonjoe]

About time.

At least we now have an official ruling on kids overstaying.

Kids??? 5555 Many older expats overstay also.

See 3.1 on of the posted info an you will see what he is writing about. Children under the age of 18 are exempt from the rules for banning.

[mihalis]

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.

How is it harsh, overstay in Australia and use your miscalculating excuse, see what happens,

[barto50ty]

So for the first 90 days of an overstay you still pay 500 baht per day, up to a max of 10,000?

It is a max fine of 20k baht not 10k if you pay the fine on departure from the country prior to the 90 day point. Get caught an it is different story.

Thanks, good to know.

[barto50ty]

so money down who be the first and from what country

[MobileContent]

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.

I don't doubt your story but would consider that he has upset the wrong peoples in this country.

[Gulfsailor]

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.

I don't doubt your story but would consider that he has upset the wrong peoples in this country.

I sincerely doubt he was banned for the overstay. Most likely they apprehended him while noticing his visa ran out, and then found out he was working illegally, and that was what he was blacklisted for.

[gerry1011]

I would be happy if Thailand can finally get rid of all those guys who intentionally overstay, thinking that they are smarter than the rest of us who just follow the rules.

And may even hope that they get scammed by the immigration before to get thrown out of the country.

Good riddance.

[Mitkof Island]

Good to hear. Likely thousands will be crapping in their pants. Once out many likely won,t return . Follow the rules like any country.

[FritsSikkink]

i miss a couple of hardcore overstayers in this thread. are they busy getting the 20000 together?

[HerbalEd]

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.

How does sending an email to yourself one week before do anything? You'll just receive that email within a few minutes after sending it.

Should you also send a reminder email a week before sending that email?

[dirtycash]

Good about time.

really ? so how do any overstayers affect your personal life ? ...........eh ??????????/

[Loeilad]

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.

So they write it down in Black and white and then a judges decides if it is in fact just shades of grey?