New Overstay Rules Announced By Immigration

[chuang]

What so difficult not to over-stay your visa...unless it is intentional...

[Maestro]

Removed nonsensical and off-topic posts and the replies to them.

From this point forward, all posts discussing immigration procedures in a country other than Thailand will be removed without comment. These posts are too distracting in this topic.

[dessieandjohn]

About time.

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

Kids overstaying? I just helped a 65 year old get out of Thailand with a 3 year overstay.

Sent from my SM-G900F using Tapatalk

[Maestro]

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.

I've been looking for the part about arrested and prosecuted in these new overstay rules but cannot find it. Perhaps it is in the Thai text of the published Ministerial Order 1/2558. Can someone point me to this particular text passage?

[elviajero]

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.

I've been looking for the part about arrested and prosecuted in these new overstay rules but cannot find it. Perhaps it is in the Thai text of the published Ministerial Order 1/2558. Can someone point me to this particular text passage?

It mentions being arrested and prosecuted in the Immigration Bureau announcement and the warning notice.

It's in the Thai text of the order 1/2558.

๒. กรณีคนต่างด้าวถูกจับกุมดําเนินคดี

2. If the alien is arrested prosecuted.

คําสั่งรัฐมนตรีว่าการกระทรวงมหาดไทย

ที่ ๑/๒๕๕๘

เรื่อง การไม่อนุญาตให้คนต่างด้าวบางจําพวกเข้ามาในราชอาณาจักร

ด้วยปรากฏว่ามีคนต่างด้าวบางจําพวกซึ่งได้รับอนุญาตให้เดินทางเข้ามาอยู่ในราชอาณาจักร เป็นการชั่วคราว และอยู่เกินกําหนดระยะเวลาที่ได้รับอนุญาต ซึ่งส่งผลกระทบต่อความสงบเรียบร้อย และความปลอดภัยของประชาชน รวมทั้งความมั่นคงแห่งราชอาณาจักร

นายกรัฐมนตรีและรัฐมนตรีว่าการกระทรวงมหาดไทยเห็นว่าเพื่อประโยชน์แก่ประเทศและเพื่อ ความสงบเรียบร้อย อาศัยอํานาจตามความในมาตรา ๑๖ แห่งพระราชบัญญัติคนเข้าเมือง พ.ศ. ๒๕๒๒ จึงมีคําสั่งไม่อนุญาตให้คนต่างด้าวบางจําพวกเข้ามาในราชอาณาจักรตามเงื่อนไขและระยะเวลา ดังต่อไปนี้

๑. กรณีคนต่างด้าวเข้ามอบตัว

๑.๑ คนต่างด้าวซึ่งอยู่ในราชอาณาจักรนับแต่วันสิ้นสุดการอนุญาตเกินกว่า ๙๐ วัน

ห้ามมิให้เข้ามาในราชอาณาจักรเป็นระยะเวลา ๑ ปี นับตั้งแต่วันที่คนต่างด้าวเดินทางออกนอก ราชอาณาจักร

๑.๒ คนต่างด้าวซึ่งอยู่ในราชอาณาจักรนับแต่วันสิ้นสุดการอนุญาตเกินกว่า ๑ ปี ห้ามมิให้ เข้ามาในราชอาณาจักรเป็นระยะเวลา ๓ ปี นับตั้งแต่วันที่คนต่างด้าวเดินทางออกนอกราชอาณาจักร

๑.๓ คนต่างด้าวซึ่งอยู่ในราชอาณาจักรนับแต่วันสิ้นสุดการอนุญาตเกินกว่า ๓ ปี ห้ามมิให้ เข้ามาในราชอาณาจักรเป็นระยะเวลา ๕ ปี นับตั้งแต่วันที่คนต่างด้าวเดินทางออกนอกราชอาณาจักร

๑.๔ คนต่างด้าวซึ่งอยู่ในราชอาณาจักรนับแต่วันสิ้นสุดการอนุญาตเกินกว่า ๕ ปี ห้ามมิให้ เข้ามาในราชอาณาจักรเป็นระยะเวลา ๑๐ ปี นับตั้งแต่วันที่คนต่างด้าวเดินทางออกนอกราชอาณาจักร

๒. กรณีคนต่างด้าวถูกจับกุมดําเนินคดี

๒.๑ คนต่างด้าวซึ่งอยู่ในราชอาณาจักรนับแต่วันสิ้นสุดการอนุญาตไม่เกิน ๑ ปี ห้ามมิให้

เข้ามาในราชอาณาจักรเป็นระยะเวลา ๕ ปี นับตั้งแต่วันที่คนต่างด้าวเดินทางออกนอกราชอาณาจักร ๒.๒ คนต่างด้าวซึ่งอยู่ในราชอาณาจักรนับแต่วันสิ้นสุดการอนุญาตเกินกว่า ๑ ปี ห้ามมิให้

เข้ามาในราชอาณาจักรเป็นระยะเวลา ๑๐ ปี นับตั้งแต่วันที่คนต่างด้าวเดินทางออกนอกราชอาณาจักร

หน้า ๔๓

เล่ม ๑๓๒ ตอนพิเศษ ๓๓๕ ง ราชกิจจานุเบกษา ๒๑ ธันวาคม ๒๕๕๘

๓. คําสั่งนี้ไม่ใช้บังคับในกรณีดังต่อไปนี้

(๑) คนต่างด้าวซึ่งเดินทางออกนอกราชอาณาจักรก่อนที่จะมีอายุครบสิบแปดปีบริบูรณ์ (๒) คนต่างด้าวซึ่งเดินทางออกนอกราชอาณาจักรก่อนวันที่คําสั่งนี้มีผลใช้บังคับ

ทั้งนี้ คําสั่งนี้ให้มีผลบังคับใช้เมื่อพ้นกําหนดเก้าสิบวันนับจากวันประกาศในราชกิจจานุเบกษา

สั่ง ณ วันที่ ๒๗ พฤศจิกายน พ.ศ. ๒๕๕๘ พลเอก ประยุทธ์ จันทร์โอชา นายกรัฐมนตรี

พลเอก อนุพงษ์ เผ่าจินดา รัฐมนตรีว่าการกระทรวงมหาดไทย

[Maestro]

Thank you very much. (Going to get a new prescription for lenses)

[thhMan]

Some overstayers have families they are supporting and have called Thailand their home.

Some dont have have the funds needed to secure longer term visas, but have enough to support their families, put their kids (if they have any) through school

Some feel it is an injustice to report like a criminal every 3 months

Not everyone is over the hill and is on a retirement visa, eeking out what they can and criticizing those that are young, less financially secure
Not everyone has employment in Thailand, but does have an income from elsewhere

Thailand doesnt treat foreigners very well and its a shame that some fellow foreigners have adopted this way of thinking

I was denied an Income Statement from the Swedish Embassy, because monthly income varied from month to month... Some months it was 60k USD and other it was 100k USD

Because of this, they could not give me a monthly rate that would satisfy the Thai Immigration for the application of a Retirement Visa, so did not issue me a proof of income...

Sure, I will save and just keep the "needed" amount to qualify, but the point I am getting across is that "stuff happens" sometimes and many posters on this forum feel the need to claim superiority, because they didnt have "circumstances"

Its amazing how many nasty people there are in this world!

[twwy123]

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.

One easy way to miscalculate is to buy airline tickets assuming the "30 day stay" means 30 days, so if you arrive April 1, you should go back on May 1. Wrong! Both the arrival and departure date count, so it's effectively 29 days, and you would end up with a one-day overstay. Happened to more than one person I know.

Obviously, people on a longer overstay should suffer the consequences, but not having even a small grace period (if you happen upon a cop with a 1-2 day overstay) is a bit too harsh.

Edited January 14, 2016 by twwy123

[F4UCorsair]

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?

He may have meant thst he diarizes the event a week before and receives an email reminder, sent by the diary. That's what I do with important events.

[F4UCorsair]

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.

One easy way to miscalculate is to buy airline tickets assuming the "30 day stay" means 30 days, so if you arrive April 1, you should go back on May 1. Wrong! Both the arrival and departure date count, so it's effectively 29 days, and you would end up with a one-day overstay. Happened to more than one person I know.

Obviously, people on a longer overstay should suffer the consequences, but not having even a small grace period (if you happen upon a cop with a 1-2 day overstay) is a bit too harsh.

Surely the onus is on the visitor/visa holder to determine the actual conditions of his visa?? Or am I expecting too much?

Well consider it this way. The visa is really only 25 days, with 3 days' grace and 2 days to cover arrival and departure built in.

Don't look for excuses, and accept responsibility for your own actions.

It's not brain surgery!!!

Edited January 14, 2016 by F4UCorsair

[FritsSikkink]

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.

One easy way to miscalculate is to buy airline tickets assuming the "30 day stay" means 30 days, so if you arrive April 1, you should go back on May 1. Wrong! Both the arrival and departure date count, so it's effectively 29 days, and you would end up with a one-day overstay. Happened to more than one person I know.

Obviously, people on a longer overstay should suffer the consequences, but not having even a small grace period (if you happen upon a cop with a 1-2 day overstay) is a bit too harsh.

so you see the stamp, realize you are a day short and extend your visa, problem solved

[steve187]

It may be against the wishes of TAT as being a possible negative for tourism, but these new rules of possible bans should be made available for everyone to see. By signing a declaration on entry, everybody would be aware.

Naw....that would just turn-off tourists upon setting foot in Thailand...put negative thoughts in the tourists minds even before they got out of the airport. Thailand wants happy tourists.

at mukdahan friendship bridge -

[mgjackson69]

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.

One easy way to miscalculate is to buy airline tickets assuming the "30 day stay" means 30 days, so if you arrive April 1, you should go back on May 1. Wrong! Both the arrival and departure date count, so it's effectively 29 days, and you would end up with a one-day overstay. Happened to more than one person I know.

Obviously, people on a longer overstay should suffer the consequences, but not having even a small grace period (if you happen upon a cop with a 1-2 day overstay) is a bit too harsh.

Why would one assume anything about a visa before you have it in hand.

Get the visa and confirm the dates, then make the flight reservations.

[papayasalad]

my tablet say I have another 36 days before my permit of stay expires. no problem here, I set an alarm 7 days before that send me an email plus alarm.

to make respect the law, they need to punish people. if you are not punished, why make immigration laws? I paid hundred Thousand baht to remain legal while some guys here didn't pay one baht. do you think it was fair?

[Sutty]

my tablet say I have another 36 days before my permit of stay expires. no problem here, I set an alarm 7 days before that send me an email plus alarm.

to make respect the law, they need to punish people. if you are not punished, why make immigration laws? I paid hundred Thousand baht to remain legal while some guys here didn't pay one baht. do you think it was fair?

Do tell one hundred thousand bhat to stay leagal spent in what may I ask visa companies!!!

[elviajero]

Some overstayers have families they are supporting and have called Thailand their home.

Some dont have have the funds needed to secure longer term visas, but have enough to support their families, put their kids (if they have any) through school

Some feel it is an injustice to report like a criminal every 3 months

Not everyone is over the hill and is on a retirement visa, eeking out what they can and criticizing those that are young, less financially secure

Not everyone has employment in Thailand, but does have an income from elsewhere

Thailand doesnt treat foreigners very well and its a shame that some fellow foreigners have adopted this way of thinking

I was denied an Income Statement from the Swedish Embassy, because monthly income varied from month to month... Some months it was 60k USD and other it was 100k USD

Because of this, they could not give me a monthly rate that would satisfy the Thai Immigration for the application of a Retirement Visa, so did not issue me a proof of income...

Sure, I will save and just keep the "needed" amount to qualify, but the point I am getting across is that "stuff happens" sometimes and many posters on this forum feel the need to claim superiority, because they didnt have "circumstances"

Its amazing how many nasty people there are in this world!

I'm sorry but you're just trying to solicit the sympathy vote.

I know some guys have fallen on hard times but there are also many that have chosen to overstay and put their families at risk. Thailand doesn't treat foreigners badly. The visa system is very easy and cheap for those that qualify. If someone can't afford the paltry cost of a visa/extension how can they possibly support a family!

I feel very really sorry for the wives and children that are going to get separated in the future due to the new overstay bans. But the first guy with a family that gets banned should be pointing the finger at all the voluntary overstayers that have caused immigration to take action.

Ironically whenever a post like yours comes along they often get support from overstayers. Go figure!

[elviajero]

Anyone that still thinks immigration aren't serious about reducing/punishing overstaying might want to check out the new front page of the immigration website. http://www.immigration.go.th

[ubonjoe]

Anyone that still thinks immigration aren't serious about reducing/punishing overstaying might want to check out the new front page of the immigration website. http://www.immigration.go.th

About the same as posted in the OP. Not sure who said they were not serious about it.

[elviajero]

Anyone that still thinks immigration aren't serious about reducing/punishing overstaying might want to check out the new front page of the immigration website. http://www.immigration.go.th

About the same as posted in the OP. Not sure who said they were not serious about it.

You must have missed all the 'I'll believe it when I see it" posts!

[khwaibah]

"Goody guys in Bad guys out" Are they referring to all the IO's on the take and the BS at Kap Choeng Immigration.

[brewsterbudgen]

Anyone that still thinks immigration aren't serious about reducing/punishing overstaying might want to check out the new front page of the immigration website. http://www.immigration.go.th

About the same as posted in the OP. Not sure who said they were not serious about it.

You must have missed all the 'I'll believe it when I see it" posts!

I'll believe it will actually be enforced when I see it!

[ubonjoe]

Posts bringing politics into the discussion have been removed.

[ubonjoe]

I will voice my opinion and what I believe to be a fact as to why they want to be able to ban people who overstay.

They are not targeting the people that can do a border hop for a visa exempt entry or go to a neighboring country for a visa.

It is people from countries that can only get visas in their home country. How many times have we seen articles in the news of them rounding up people with overstays. They were sent to IDC, paid a reduced fine determined by a judge and bought a ticket bank home. Then after getting there they got a visa and returned and then overstayed again and repeated the cycle. There are people that have been doing this for years.

Not all of them though stay until they get caught. They let their visa entry expire stay a few months then go back home paying the 20k baht fine on departure and then repeat the cycle.

[jspill]

I will voice my opinion and what I believe to be a fact as to why they want to be able to ban people who overstay.

They are not targeting the people that can do a border hop for a visa exempt entry or go to a neighboring country for a visa.

It is people from countries that can only get visas in their home country. How many times have we seen articles in the news of them rounding up people with overstays. They were sent to IDC, paid a reduced fine determined by a judge and bought a ticket bank home. Then after getting there they got a visa and returned and then overstayed again and repeated the cycle. There are people that have been doing this for years.

Not all of them though stay until they get caught. They let their visa entry expire stay a few months then go back home paying the 20k baht fine on departure and then repeat the cycle.

If and when they do get caught, maybe another factor comes into play.

Mostly it's African nationalities that your post there applies to - if Africans are detained in IDC, they're often stuck there indefinitely, according to reports in this old thread - http://www.thaivisa.com/forum/topic/138238-overstaying-your-visa-can-be-fun/

It explains that people need to be deported on their national airline, as then pilots can't refuse them, and it also needs to be a direct flight to their home country. For many Africans their national airline doesn't fly direct to Thailand. Or they get refused the transfer papers even if a connecting flight is allowed.

So IDC begins to fill to capacity with people who are stranded.

[billd766]

my tablet say I have another 36 days before my permit of stay expires. no problem here, I set an alarm 7 days before that send me an email plus alarm.

to make respect the law, they need to punish people. if you are not punished, why make immigration laws? I paid hundred Thousand baht to remain legal while some guys here didn't pay one baht. do you think it was fair?

I am on a retirement extension.

I paid about 3,000 baht in fees and postage to the UK embassy for a letter of confirmation and 1,900 baht to the Thai immigration office for their side of the extension.

Why was yours so expensive?

[ubonjoe]

I will voice my opinion and what I believe to be a fact as to why they want to be able to ban people who overstay.

They are not targeting the people that can do a border hop for a visa exempt entry or go to a neighboring country for a visa.

It is people from countries that can only get visas in their home country. How many times have we seen articles in the news of them rounding up people with overstays. They were sent to IDC, paid a reduced fine determined by a judge and bought a ticket bank home. Then after getting there they got a visa and returned and then overstayed again and repeated the cycle. There are people that have been doing this for years.

Not all of them though stay until they get caught. They let their visa entry expire stay a few months then go back home paying the 20k baht fine on departure and then repeat the cycle.

If and when they do get caught, maybe another factor comes into play.

Mostly it's African nationalities that your post there applies to - if Africans are detained in IDC, they're often stuck there indefinitely, according to reports in this old thread - http://www.thaivisa.com/forum/topic/138238-overstaying-your-visa-can-be-fun/

It explains that people need to be deported on their national airline, as then pilots can't refuse them, and it also needs to be a direct flight to their home country. For many Africans their national airline doesn't fly direct to Thailand. Or they get refused the transfer papers even if a connecting flight is allowed.

So IDC begins to fill to capacity with people who are stranded.

The deportation they do for overstay is not the same as the ones done for those that commit crimes. They are just escorted to the airport after buying a ticket home. Ones like that do not need the pilots agreement.

I was writing about people that have the money to buy a ticket but do not want to make the long trip home to get another visa that would only allow them to stay for 60 days.

Dredging up a topic from 2007 is not useful.

[gk10002000]

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.

One easy way to miscalculate is to buy airline tickets assuming the "30 day stay" means 30 days, so if you arrive April 1, you should go back on May 1. Wrong! Both the arrival and departure date count, so it's effectively 29 days, and you would end up with a one-day overstay. Happened to more than one person I know.

Obviously, people on a longer overstay should suffer the consequences, but not having even a small grace period (if you happen upon a cop with a 1-2 day overstay) is a bit too harsh.

Why would one assume anything about a visa before you have it in hand.

Get the visa and confirm the dates, then make the flight reservations.

Because often you have to have the flight reservation information to support the visa application.

[mgjackson69]

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.

One easy way to miscalculate is to buy airline tickets assuming the "30 day stay" means 30 days, so if you arrive April 1, you should go back on May 1. Wrong! Both the arrival and departure date count, so it's effectively 29 days, and you would end up with a one-day overstay. Happened to more than one person I know.

Obviously, people on a longer overstay should suffer the consequences, but not having even a small grace period (if you happen upon a cop with a 1-2 day overstay) is a bit too harsh.

Why would one assume anything about a visa before you have it in hand.

Get the visa and confirm the dates, then make the flight reservations.

Because often you have to have the flight reservation information to support the visa application.

Experiences may vary...I have never had to show flight information to obtain a visa, only projected travel dates.

[FritsSikkink]

new thread about overstay

http://www.thaivisa.com/forum/index.php?/topic/887079-Good-guys-in,-bad-guys-out,-says-Thailand-Immigration-chief

people still thinking it won't go through?

Edited January 16, 2016 by FritsSikkink

[D3030]

Just want to say "I Love Thailand"

I've started with two weeks stays - to one year entries..

Numerous border runs..

Done the overstay(s) from 1 day to multiple year overstay..

Overstaying was/is an option no matter what your age is - or the money you make..

Follow the rules or not - it doesn't matter what others think...

Bottom line for me... My money goes into the Thai economy...

I think the overstay rule is to keep the poor tourist and illegal workers out... And will continue to allow those lazy non-workers in..

So - if the new overstay rule offends you - you must not be able to afford to be here and should be banned for years before returning..