Major new crackdown on visa overstay in Thailand starts today

[lkv]

Suppose an illegal alien in the US, Mexican/Central American for example, was on the way to the border to go home to see family, and got stopped by Border Patrol. He/she would be arrested, processed and deported.

Fact they were on the way to the border is irrelevant. Like giving back the money after a robbery.

Not another comparison to what happens in A M E R I C A !!!!!!!

You can strip away the America part, the point is still valid.

Yeah, his point is valid. In America. Not perhaps in...I don't know...Kazakhstan...or Thailand.

[55Jay]

Suppose an illegal alien in the US, Mexican/Central American for example, was on the way to the border to go home to see family, and got stopped by Border Patrol. He/she would be arrested, processed and deported.

Fact they were on the way to the border is irrelevant. Like giving back the money after a robbery.

Not another comparison to what happens in A M E R I C A !!!!!!!

You can strip away the America part, the point is still valid.

Yeah, his point is valid. In America. Not perhaps in...I don't know...Kazakhstan...or Thailand.

Seems Thai Immigration would agree though. Overstay is overstay. Being on the way to the border in a van doesn't change that.

Edited March 23, 2016 by 55Jay

[D3030]

Not possible to settle overstay while hiding in a van !

A Signature is required on the overstay paperwork and the fine handed over.

What are you talking about, I mean all visa runners hand their passports to the visa run company, for example Thai Visa Service which is often recommended on this forum. By going with them, military police at checkpoints won't bother you, there's no need to carefully inspect the vehicle for migrants, and they aren't going to dig through 30 passports of people clearly proceeding to the border.

It just depends on what a military or police check point decides to do.

A few years back, on the way back from a visa run, about 10 of us farangs were ordered out of the van by military police.

Prior to getting out of the van, the female tourist worker told everyone to stick any illegal items purchased at the border, down the front part of our pants.. In her own words, the police won't check your private area.

All our bags were to be left in the van, but were eventually brought out and checked.. It took about almost an hour to complete

Seems like the police don't or won't have a problem adding to the list: check every passport/visa.

Plus they most likely will stop you going up to the border vice returning. Maybe get stopped going up and back..

Edited March 23, 2016 by D3030

[lkv]

Not possible to settle overstay while hiding in a van !

A Signature is required on the overstay paperwork and the fine handed over.

So when people (to give you a quick example) get a Cambodian visa, an entry and an exit stamp in their passports without ever stepping on Cambodian soil, your major concern was where the overstay paper would be signed (whether in front of the actual officer or in a minivan)?

[luke000]

I did cross the Chiang Kong border today and I did notice that there was a passport check before you got to immigration. I didnt notice that check a few months ago . He was dressed in fatigues and not the usual immigration clothes. I guy dressed in similar clothes also checked ,y passport on the otherside of immigration before I went through immigration.

I also didnt notice any overstay fine office .

Now, it maybe just nothing, or they could be checking for overstayers BEFORE they get to immigration .

Also, this time the immigration officers didnt ask any questions at all, they just stamped me in and out, even though I was on my 10 th VES

[CaptainPeacock]

merylhighground is right. At least half the guys I met here with wife or gf and kids by themself are total marginal figures in the west. No offense to the exceptions but farang geniuses in los are very hard to find. White trash, losers and freaks unfortunately make up the majority here. It goes without saying that I am one of the geniuses 555 hence I left and live peacefully elsewhere now ???

That made my evening, its the main reason I ONLY visit patters once a year!

[CaptainPeacock]

I overstayed once. I was due to leave but fell ill enough to require a few days in hospital during which time my visa expired. When I eventually left with a 17 day overstay, I paid the then Bt200 a day fee, received a little stamp in my passport and was on my way.

On another day some years later, I was on my way to the airport when we were stopped on the road and the highway shut for hours until a 30 second convoy of some royal or other was waved through. it then took hours for the road to re-open. Now I wasn't on overstay but I did miss my flight to Hong Kong.

Had I therefore been forced into overstay, to whom should I have complained ?

Me too, although I had actually cleared immigration and boarded the plane in time - i.e. my last day - but due to a technical fault with the aircraft we had to 'de-clear' immigration in order to be put up in a hotel for the night. Upon going back through immigration the next day I copped a one-day overstay fine...

Mental note: if that ever happens again, DO NOT go to a bar the extra evening.

Are you really sure that you 'copped a one-day overstay fine'? I have had one-day overstays in the past but have never paid any fine.

I am sure that no fines are applicable if departing by air and overstaying by one day. Possibly for the very reason noted in your post - aircraft technical issue with the passenger clearly not at fault.

I departed via air from Don Mueang on 24 March, overstayed 1 day, no problem just make sure you go through immigration where there's a friendly looking female officer, cos when its a somchai they always say to me...

YOU overstay many times by 1 day, AND i say... really...but its only 1 day and its LEGAL as long as departing via air

[johnatong]

I overstayed once. I was due to leave but fell ill enough to require a few days in hospital during which time my visa expired. When I eventually left with a 17 day overstay, I paid the then Bt200 a day fee, received a little stamp in my passport and was on my way.

On another day some years later, I was on my way to the airport when we were stopped on the road and the highway shut for hours until a 30 second convoy of some royal or other was waved through. it then took hours for the road to re-open. Now I wasn't on overstay but I did miss my flight to Hong Kong.

Had I therefore been forced into overstay, to whom should I have complained ?

Me too, although I had actually cleared immigration and boarded the plane in time - i.e. my last day - but due to a technical fault with the aircraft we had to 'de-clear' immigration in order to be put up in a hotel for the night. Upon going back through immigration the next day I copped a one-day overstay fine...

Mental note: if that ever happens again, DO NOT go to a bar the extra evening.

Are you really sure that you 'copped a one-day overstay fine'? I have had one-day overstays in the past but have never paid any fine.

I am sure that no fines are applicable if departing by air and overstaying by one day. Possibly for the very reason noted in your post - aircraft technical issue with the passenger clearly not at fault.

I departed via air from Don Mueang on 24 March, overstayed 1 day, no problem just make sure you go through immigration where there's a friendly looking female officer, cos when its a somchai they always say to me...

YOU overstay many times by 1 day, AND i say... really...but its only 1 day and its LEGAL as long as departing via air

Overstay is not and never can be LEGAL whether departing by air, land or sea.

[Wilsonandson]

I overstayed for 7 hrs once. Got to Poi Pet and they said "Overstayed for 1 day, 500 baht", I said "Its only been 7hrs, 250baht", he said "Ha, ha, ha, 500 baht", I gave him the money.It was 7am and I had been 7 hrs into overstaying my visa.

Edited April 1, 2016 by Wilsonandson

[johnatong]

I overstayed for 7 hrs once. Got to Poi Pet and they said "Overstayed for 1 day, 500 baht", I said "Its only been 7hrs, 250baht", he said "Ha, ha, ha, 500 baht", I gave him the money.It was 7am and I had been 7 hrs into overstaying my visa.

Overstay is Overstay and will always be charged at 500 Bht/day(or part day) at land boarders and some airports.

Edited April 1, 2016 by johnatong

[CaptainPeacock]

So why in my 26 years of departing at Bangkok's airport with 1 day overstay, NO fine?

For sure its a FINE for 1 day overstay via land crossing, LEGAL maybe not the correct phrase/meaning ...I'm not here to split hairs, but it sure states this "1 day overstay allowed if traveling by air" somewhere if you look..

[Oziex1]

The general consensus of these posts is unlike the usual cynicism toward all other crackdowns.

Why is this any different, is it because it concerns Farrang, maybe people you know?

Will they be hot to deport or just exploit the situation to their financial benefit?

[johnatong]

So why in my 26 years of departing at Bangkok's airport with 1 day overstay, NO fine?

For sure its a FINE for 1 day overstay via land crossing, LEGAL maybe not the correct phrase/meaning ...I'm not here to split hairs, but it sure states this "1 day overstay allowed if traveling by air" somewhere if you look..

Look in your passport and note the overstay stamp(s).

The fact that a fine may have been waived at certain airports does not make your overstay LEGAL .

[geriatrickid]

It will be interesting to see what happens to people who accidentally overstay by just a day or two ,

It would be quite severe if a person was heading to a border and didnt make it in time before the border closed and they left first thing the next morning and they then faced a ban from re entering Thailand .

I would imagine that there would be a certain amount of grace before bans were implemented , I would imagine that the grace period would be between 1-90 days, but, only time will tell

Accidentally? They have 30 days grace period on a stamp on entry or 60 days or 90 days on certain visa's. They have a lot of time to make it to the border.

From the dead centre of Thailand it only takes one day to get to the closest border.

sh*t happens. There is no allowance under the new rules for people who are injured or ill is there?

[Moonmoon]

so is this "in effect law" already being effected? Has anyone been banned yet? I just got a friend who says his friend wants to overstay in Thailand and he ask me so when he leaves its just pay a fine right? I don't like it when someone takes it so lightly. Should never take it for granted or think just becos Thailand is full of corruption so everything can be settled for a sum of money.

[johnatong]

so is this "in effect law" already being effected? Has anyone been banned yet? I just got a friend who says his friend wants to overstay in Thailand and he ask me so when he leaves its just pay a fine right? I don't like it when someone takes it so lightly. Should never take it for granted or think just becos Thailand is full of corruption so everything can be settled for a sum of money.

Why would your "friends friend" want to overstay ?

Visas are easily obtained by those who wish to prolong their stay.

Edited April 1, 2016 by johnatong

[anotheruser]

I overstayed for 7 hrs once. Got to Poi Pet and they said "Overstayed for 1 day, 500 baht", I said "Its only been 7hrs, 250baht", he said "Ha, ha, ha, 500 baht", I gave him the money.It was 7am and I had been 7 hrs into overstaying my visa.

Overstay is Overstay and will always be charged at 500 Bht/day(or part day) at land boarders and some airports.

Maybe the official pocketed the money?

[Moonmoon]

so is this "in effect law" already being effected? Has anyone been banned yet? I just got a friend who says his friend wants to overstay in Thailand and he ask me so when he leaves its just pay a fine right? I don't like it when someone takes it so lightly. Should never take it for granted or think just becos Thailand is full of corruption so everything can be settled for a sum of money.

Why would your "friends friend" want to overstay ?

Visas are easily obtained by those who wish to prolong their stay.

I do not know! i too advised my friend's friend to go thru the correct route. I even told my friend that he can get his friend to add me so I can advice accordingly. BUt till today that friend still has not.

[jspill]

Why would your "friends friend" want to overstay ?

Visas are easily obtained by those who wish to prolong their stay.

I do not know! i too advised my friend's friend to go thru the correct route. I even told my friend that he can get his friend to add me so I can advice accordingly. BUt till today that friend still has not.

They're not easily obtained at all, not all of us are retired, married, or working here, in which case you can obtain extensions within the country.

Having to leave the country to get a new tourist visa isn't 'easy', it's time consuming.

Say someone applied for a 90 day tourist visa (60 days + 30), and accidentally booked a flight thinking the 90 days start when he arrives (they start when the visa is issued), a common mistake, he then has the choice to overstay a few days or fly in and out of the country again to get a 30 day stamp just to stay a few days. Nothing unethical about overstaying in that situation, and it's miles away from the point where you now get blacklisted (90 days overstay).

[lust]

Looks like immigration has been granted the power to ban anyone on overstay, but it's still up to their discretion. I think if they start banning people, nobody will leave. And I'm sure they are raking in HUGE baht with clearing all the people on overstay.

[gk10002000]

So why in my 26 years of departing at Bangkok's airport with 1 day overstay, NO fine?

For sure its a FINE for 1 day overstay via land crossing, LEGAL maybe not the correct phrase/meaning ...I'm not here to split hairs, but it sure states this "1 day overstay allowed if traveling by air" somewhere if you look..

I am told that if departing from the airport, versus a land border, there is a one day grace period on the overstay fine.

[bim]

So why in my 26 years of departing at Bangkok's airport with 1 day overstay, NO fine?

For sure its a FINE for 1 day overstay via land crossing, LEGAL maybe not the correct phrase/meaning ...I'm not here to split hairs, but it sure states this "1 day overstay allowed if traveling by air" somewhere if you look..

I am told that if departing from the airport, versus a land border, there is a one day grace period on the overstay fine.

My son came to visit last year and I miscalulated the days when I booked the flight which resulted in a one day overstay. They didnt fine him but did stamp his passport with this red stamp. It was his first visit to Thailand. He said they were very good to him.

[55Jay]

Why would your "friends friend" want to overstay ?

Visas are easily obtained by those who wish to prolong their stay.

I do not know! i too advised my friend's friend to go thru the correct route. I even told my friend that he can get his friend to add me so I can advice accordingly. BUt till today that friend still has not.

They're not easily obtained at all, not all of us are retired, married, or working here, in which case you can obtain extensions within the country.

Having to leave the country to get a new tourist visa isn't 'easy', it's time consuming.

Say someone applied for a 90 day tourist visa (60 days + 30), and accidentally booked a flight thinking the 90 days start when he arrives (they start when the visa is issued), a common mistake, he then has the choice to overstay a few days or fly in and out of the country again to get a 30 day stamp just to stay a few days. Nothing unethical about overstaying in that situation, and it's miles away from the point where you now get blacklisted (90 days overstay).

You may be referring to an issued visa's "Use By" date, which is different than the authorized stay period. The period of stay is valid as long as you show up before the Use By date. Verdad?

Apart from "honest" mistakes, those who have and/or promote the attitude that overstay is a "choice", are 1/2 the problem. It is a "decision", not a "choice" offered by Thai authorities as a means to extend one's stay here. That's why overstay carries punitive measures from day 1. Willful and/or premeditated overstay is willful disobedience of the country's laws and regulations and that IS unethical.

The reason that sounds over the top is the other 1/2 of the problem, for which the blame rests squarely on the lap of an often inconsistent, partially corrupt, lackadaisical Immigration authority. Further, putting a 20,000 Baht cap on the O/S fine creates and virtually encourages a risk vs. reward rationalization decision point. Unless you get banged up, stay as long as you want to.

It's a cavalier, unethical attitude to have, and I would imagine to a Thai I/O, an embarrassing reminder of organizational incompetence and selfish, in-your-face, arrogant western/white privilege.

[elviajero]

It will be interesting to see what happens to people who accidentally overstay by just a day or two ,

It would be quite severe if a person was heading to a border and didnt make it in time before the border closed and they left first thing the next morning and they then faced a ban from re entering Thailand .

I would imagine that there would be a certain amount of grace before bans were implemented , I would imagine that the grace period would be between 1-90 days, but, only time will tell

Accidentally? They have 30 days grace period on a stamp on entry or 60 days or 90 days on certain visa's. They have a lot of time to make it to the border.

From the dead centre of Thailand it only takes one day to get to the closest border.

sh*t happens. There is no allowance under the new rules for people who are injured or ill is there?

Yes there is. If someone is medically unable to travel it's possible, with confirmation from a Doctor, to get an extension of stay.

IMO often people bring the problem on themselves. Many are trying to stay here long term using short term visas and leave their exit to the last minute to maximise their stay.

I doubt many people with short overstays get caught, and I doubt that all, of those that do get caught, are arrested and sent for deportation. I expect that whatever happened before March 20th will continue after. But the risk of getting banned will change the mindset of many who won't plan to use the 'overstay visa' so much in the future or delay exiting to the last minute.

[elviajero]

so is this "in effect law" already being effected? Has anyone been banned yet? I just got a friend who says his friend wants to overstay in Thailand and he ask me so when he leaves its just pay a fine right? I don't like it when someone takes it so lightly. Should never take it for granted or think just becos Thailand is full of corruption so everything can be settled for a sum of money.

It's nearly two weeks since the bans were introduced and we haven't had one single, credible, report of anyone leaving with a 90+ day overstay and NOT being banned. Those are the reports needed and the fact we haven't seen any suggests to me that the rules are being enforced.

[JLCrab]

Why would your "friends friend" want to overstay ?

Visas are easily obtained by those who wish to prolong their stay.

I do not know! i too advised my friend's friend to go thru the correct route. I even told my friend that he can get his friend to add me so I can advice accordingly. BUt till today that friend still has not.

They're not easily obtained at all, not all of us are retired, married, or working here, in which case you can obtain extensions within the country.

Having to leave the country to get a new tourist visa isn't 'easy', it's time consuming.

Say someone applied for a 90 day tourist visa (60 days + 30), and accidentally booked a flight thinking the 90 days start when he arrives (they start when the visa is issued), a common mistake, he then has the choice to overstay a few days or fly in and out of the country again to get a 30 day stamp just to stay a few days. Nothing unethical about overstaying in that situation, and it's miles away from the point where you now get blacklisted (90 days overstay).

You may be referring to an issued visa's "Use By" date, which is different than the authorized stay period. The period of stay is valid as long as you show up before the Use By date. Verdad?

Apart from "honest" mistakes, those who have and/or promote the attitude that overstay is a "choice", are 1/2 the problem. It is a "decision", not a "choice" offered by Thai authorities as a means to extend one's stay here. That's why overstay carries punitive measures from day 1. Willful and/or premeditated overstay is willful disobedience of the country's laws and regulations and that IS unethical.

The reason that sounds over the top is the other 1/2 of the problem, for which the blame rests squarely on the lap of an often inconsistent, partially corrupt, lackadaisical Immigration authority. Further, putting a 20,000 Baht cap on the O/S fine creates and virtually encourages a risk vs. reward rationalization decision point. Unless you get banged up, stay as long as you want to.

It's a cavalier, unethical attitude to have, and I would imagine to a Thai I/O, an embarrassing reminder of organizational incompetence and selfish, in-your-face, arrogant western/white privilege.

From The Immigration Act of Thailand 2522:

Section 81 : Any alien who stay in the Kingdom without permission or with permission expired or revoked shall be punished with imprisonment not exceeding two years or a fine not exceeding 20,000 Baht or both

So while putting in re-entry bans on persons who overstay their visas or extensions of stay seems to be within the purview of the Bureau of Immigration, changing a specific provision in a Section of the Immigration Act, i.e. raising the maximum fine, maybe is not.

Edited April 2, 2016 by JLCrab

[MilesofSmiles]

I know someone who's going to pay the 20,000 fine and most likely get a 10 year ban on his way out.

And he doesn't really give a <deleted>, as he says (and I agree) it's hardly a compelling and progressive place people are getting banned from.

[Bobotie]

I know someone who's going to pay the 20,000 fine and most likely get a 10 year ban on his way out.

And he doesn't really give a <deleted>, as he says (and I agree) it's hardly a compelling and progressive place people are getting banned from.

But yet they came and overstayed for an extensive length of time none the less...

[55Jay]

You may be referring to an issued visa's "Use By" date, which is different than the authorized stay period. The period of stay is valid as long as you show up before the Use By date. Verdad?

Apart from "honest" mistakes, those who have and/or promote the attitude that overstay is a "choice", are 1/2 the problem. It is a "decision", not a "choice" offered by Thai authorities as a means to extend one's stay here. That's why overstay carries punitive measures from day 1. Willful and/or premeditated overstay is willful disobedience of the country's laws and regulations and that IS unethical.

The reason that sounds over the top is the other 1/2 of the problem, for which the blame rests squarely on the lap of an often inconsistent, partially corrupt, lackadaisical Immigration authority. Further, putting a 20,000 Baht cap on the O/S fine creates and virtually encourages a risk vs. reward rationalization decision point. Unless you get banged up, stay as long as you want to.

It's a cavalier, unethical attitude to have, and I would imagine to a Thai I/O, an embarrassing reminder of organizational incompetence and selfish, in-your-face, arrogant western/white privilege.

From The Immigration Act of Thailand 2522:

Section 81 : Any alien who stay in the Kingdom without permission or with permission expired or revoked shall be punished with imprisonment not exceeding two years or a fine not exceeding 20,000 Baht or both

So while putting in re-entry bans on persons who overstay their visas or extensions of stay seems to be within the purview of the Bureau of Immigration, changing a specific provision in a Section of the Immigration Act, i.e. raising the maximum fine, maybe is not.

Thanks. I did not say Immigration had the authority to change provisions within law.

Edited April 2, 2016 by 55Jay

[JLCrab]

Agreed -- the Bureau of Immigration obviously had the authority to impose re-entry bans under the existing Act and maybe wished they could have also increased the fines but that was not within their authority.