overstay visa and bans.

[padsterj]

can anyone tell me if these bans are flexible or applied regardless ? The reason I ask is last year i read the wrong stamp on my passport and overstayed by one month,i had no idea i had read it wrong until i was trying to do my normal 3 month border run,so paid the overstay fine which they gave me even though they could see i obviously had made a mistake,who is gonna overstay a valid visa on purpose checking my passport for visa's and stamps could have easily shown it was an honest mistake. Any way the point im making is what happens if anyone makes an honest mistake like i did are we now gonna get banned from seeing our family's for a few weeks overstay ? common sense should play a role here but its Thailand so wont hold my breath on that one.

[JLCrab]

It seems bans on future re-entries will only be given, if given, to overstays of 90 days or more.

[steve187]

I don't see how you can misread an entry stamp, you know before entering how long you will be given 15,30,60,90 or a 1 year stamp.

its not a pick any stamp up and put it in the passport, yes the immigration officer can make a mistake,but all stamps should be checked at the time.

Surely before planing a trip to Thailand you work out how many days you are staying, have the correct visa and travel insurance, and a plan on re-entries etc.

A long term 1 year extension may be forgotten, but again its just bad planing, and not putting that renewal date in a diary, phone, computer.

[chrisinth]

As JLC says above, there seems to be a 90 day 'grace' period for such oversights/mistakes as you have mentioned. If the oversight goes over 90 days, then your problems begin.

However, what hasn't been clearly outlined would be a case where you have been detained by the authorities (I say this because it is not only the police that can detain you) for an offence inside these 90 days and you are in a state of overstay.

This, IMO, would be the biggest case of concern for the majority of people who inadvertently let their permission to stay elapse. Again, IMO, if somebody is overstaying more than 90 days, they know what they are doing......................

[bkkcanuck8]

I don't see how you can misread an entry stamp, you know before entering how long you will be given 15,30,60,90 or a 1 year stamp.

its not a pick any stamp up and put it in the passport, yes the immigration officer can make a mistake,but all stamps should be checked at the time.

Surely before planing a trip to Thailand you work out how many days you are staying, have the correct visa and travel insurance, and a plan on re-entries etc.

A long term 1 year extension may be forgotten, but again its just bad planing, and not putting that renewal date in a diary, phone, computer.

Lots of people don't realize the date is on the stamp and do their own calculation on their head (30 days) and are off by 1 day (which is probably why they don't fine for one day) [i.e. 30 days means 30 nights -- when it actually only means 29 nights]

[TheSiemReaper]

I don't see how you can misread an entry stamp, you know before entering how long you will be given 15,30,60,90 or a 1 year stamp.

its not a pick any stamp up and put it in the passport, yes the immigration officer can make a mistake,but all stamps should be checked at the time.

Surely before planing a trip to Thailand you work out how many days you are staying, have the correct visa and travel insurance, and a plan on re-entries etc.

A long term 1 year extension may be forgotten, but again its just bad planing, and not putting that renewal date in a diary, phone, computer.

Lots of people don't realize the date is on the stamp and do their own calculation on their head (30 days) and are off by 1 day (which is probably why they don't fine for one day) [i.e. 30 days means 30 nights -- when it actually only means 29 nights]

This. When I first came to Thailand - I came from China, where the 30 day period on your visa starts the day after you enter the country, whereas in Thailand it starts on day of entry. So, I was exactly 1 day over when I left Thailand to move to Cambodia. I paid the fine, said sorry and haven't done it again. I find it hard to fathom missing a visa date by a month but a day is pretty easy to do.

[padsterj]

Didn't really want to go into how i managed to do it but seems i must .............. i was on my last 30 days of my non "0" visa and was gonna squeeze the extra 90 days by leaving and coming back before the visa runs out, now what I did was mix up the Visa expire date with the date stamp, hope that clears that up basically at some point i had read the dates on my visa and mistaken that for my stamp date, silly thing to do i know and i wont make that mistake again, I know it was a very silly thing to do ect ect but things like this do happen hence my question.

[Pib]

I have no doubt honest mistakes cause some people to overstay sometimes...but unfortunately we always have people "who play the honest mistake game (that is, they clearly understand they are overstaying)." How does and will immigration distinguish between such people?

I expect it's going to be treated along the same lines as "ignorance of law excuses no one" which is a legal principle that a person who is unaware of a law may not escape liability for violating that law merely because he or she was unaware of its content.

[bkkcanuck8]

There are other ways to mix it up - most commonly done by inexperienced travellers (not all applicable to Thailand).

- Assuming the same standard on visa waiver as you get when visiting other G7/EU countries and not looking at the actual stamp (not knowing the date is stamped right in there).

- Going to an embassy and paying for one length of visa and them actually giving you a different (cheaper/shorter) one.

Again, most of those would happen with first or rarely travelled tourists and not ones that have been here before.

All of those of course are financial penalties and not overstaying to the extent where you get into overstaying of 90 days or more.

Edited April 4, 2016 by bkkcanuck8

[LivinLOS]

There are other ways to mix it up - most commonly done by inexperienced travellers (not all applicable to Thailand).

Medical extensions too.. Very often they refuse to give them unless your actually 'in' a hospital, where the private ones do usually sort it..

Once an outpatient, even if you were like me with compounded limbs and zero ability to handle air or land travel, they do just refuse..

If they wish to be fully 'tight' on overstays, something I dont argue with.. They must also be fully tight, and consistent, on the causes and processing of exceptions. Illness, injury, detention, etc. Yet when is truly tight and consistent applied.

[bkkcanuck8]

^ Likely they are reluctant to issue them since they know once they allow it they will be bought from doctors just like the visa for schools (Thai Language School).

[elviajero]

If you surrender at the border with any overstay under 90 days you only get fined. If you are caught on overstay, with a few weeks overstay, it's anyones guess what will happen, but if you do get arrested and prosecuted there is no reason why you wouldn't get banned.

Those that, in the future, get banned due to an "honest mistake" can thank all those that have, in the past, chosen to overstay.

[alocacoc]

If you surrender at the border with any overstay under 90 days you only get fined.

Only at the airport. I did yesterday a border-run to Pailin. There was a guy who thought he could stay 90 days with his tourist visa. Actually he missed to buy a 30 day extension. At the border, they didn't stamp his passport nor gave him a fine. He got told to leave the country by air and pay the fine there.

[happynthailand]

in the good old days 1980-02,

we only received a 15day( PTS)

I stayed for 30day(had out bound ticket)

to clear my overstay went to an immigration office somewere downtown(been a long time ago)

filled out on overstay form,found a man(there were lots of them standind)

paid him 250Tb ,he signed the overstay paper,stateing than he knew me and I didn't work in Thailand.

immigration stamped passport,done

flew out the next back to Sana,Yemen were I worked

Edited April 4, 2016 by happynthailand

[jvs]

It seems to me that if you get stopped by the police and are on overstay you will be taken to jail and later to court.?

It will be a judge who will decide what is going to happen to you.

If a person has had numerous overstays in the past or has had a long history of correct visas surely the judge will make his decision based on that?

I assume in the next few months we will find out how strictly this new rule is being enforced,there will be stories on TV i am sure.

[elviajero]

If you surrender at the border with any overstay under 90 days you only get fined.

Only at the airport. I did yesterday a border-run to Pailin. There was a guy who thought he could stay 90 days with his tourist visa. Actually he missed to buy a 30 day extension. At the border, they didn't stamp his passport nor gave him a fine. He got told to leave the country by air and pay the fine there.

Being turned away at a land border and told to exit via the airport is nothing new. There are reports of people successfully exiting with overstays at land borders.

The point I was making stands.

[LivinLOS]

^ Likely they are reluctant to issue them since they know once they allow it they will be bought from doctors just like the visa for schools (Thai Language School).

I had metal frames sticking out of my limbs.. Less easy to con.

[johnatong]

^ Likely they are reluctant to issue them since they know once they allow it they will be bought from doctors just like the visa for schools (Thai Language School).

I had metal frames sticking out of my limbs.. Less easy to con.

Medical extensions are usually given IF

• The report/request is written by a Hospital doctor.
• The Dr states unequivocally a person is unable to travel.
• A clear diagnosis is given
• A person is undergoing active treatment.
• A clear indication of how long the situation is expected to continue.
• A medical extension will be for a max of 90 days.

Some immigration offices have their own medical form which the doctor should complete.

No retrospective extension can be given to a person who has entered a state of overstay.

Edited April 4, 2016 by johnatong

[MobileContent]

^ Likely they are reluctant to issue them since they know once they allow it they will be bought from doctors just like the visa for schools (Thai Language School).

I had metal frames sticking out of my limbs.. Less easy to con.

With metal frames sticking out your limbs you should have used some Thai person to go to the immigration and explain your situation. How did you get the metal frames sticking out of your limbs? In a government hospital? With a private hospital and proper insurance the situatation would have been solved very quickly.

Where their is a will their is a way.

[Yahooka]

^ Likely they are reluctant to issue them since they know once they allow it they will be bought from doctors just like the visa for schools (Thai Language School).

I had metal frames sticking out of my limbs.. Less easy to con.

With metal frames sticking out your limbs you should have used some Thai person to go to the immigration and explain your situation. How did you get the metal frames sticking out of your limbs? In a government hospital? With a private hospital and proper insurance the situatation would have been solved very quickly.

Where their is a will their is a way.

And where there is stubborn Immigration officials there are no way.I was myself admitted to Bangkok Phuket hospital i 2006 just days before a scheduled visa run.The international liason there handed all the papers needed to Phuket immigration and I got an 7 days extension.Just before the 7 days did expire and I wasn`t in a condition to leave the hospital,they again tryed to get an extension which then was denied.

In addition I know a person with a similar case where only 7 days extension was given even if the person had an car accident and wasn`t able at all to leave the hospital before it expired..................also in Phuket .

[jsun]

Hello ALL.. so my flight leaves on the 11th April. Customs stamped me until the 9th April. is it worth just taking the fine at the airport or is there more implications on my return next time? i have travelled before always had the correct visa's.the whole process and payment just for two days seems overboard. Fine seems more realistic. Thanks advance for reply

[johnatong]

Hello ALL.. so my flight leaves on the 11th April. Customs stamped me until the 9th April. is it worth just taking the fine at the airport or is there more implications on my return next time? i have travelled before always had the correct visa's.the whole process and payment just for two days seems overboard. Fine seems more realistic. Thanks advance for reply

If you are prepared to accept the risk then go ahead with your plan.

I would ask immigration for an extension of stay( 1900 Bht) given the present "overstay" climate.

There will be no implications when you return.

BTW "Customs" did not stamp you in.

An Immigration Officer allowed you entry and stamped your passport!

[zackattack]

It's not 15million baht the ministry told me Tuesday depends on where you go, and who handles your case, and if you have children and a Thai/American citizen wife

But definitely is not 15 million baht like some person quoted up above that's just ridiculous thing

[zackattack]

I'm convinced that just by being here for supreme court and helping this country I'm not paying immigration 1950.00baht every month no way jose never I'll serve time in Bang Kwan (Bangkok Hilton)

[Bald Head Slick]

Good faith is not an excuse.

[BritTim]

It's not 15million baht the ministry told me Tuesday depends on where you go, and who handles your case, and if you have children and a Thai/American citizen wife

But definitely is not 15 million baht like some person quoted up above that's just ridiculous thing

....

I'm convinced that just by being here for supreme court and helping this country I'm not paying immigration 1950.00baht every month no way jose never I'll serve time in Bang Kwan (Bangkok Hilton)

Without some context, I have no idea what you are referring to here. My best guess is you are involved in some court case, and someone (in a deleted post perhaps) indicated 15 million baht could be the bail figure. Presumably, there is something about extensions for court cases involved here also.

[elviajero]

Hello ALL.. so my flight leaves on the 11th April. Customs stamped me until the 9th April. is it worth just taking the fine at the airport or is there more implications on my return next time? i have travelled before always had the correct visa's.the whole process and payment just for two days seems overboard. Fine seems more realistic. Thanks advance for reply

• If you make it to the border you will be fined 1,000 baht (500 per day) and have an overstay stamp in your passport, but you will not be banned and should be able to return without a problem.
• If you are caught on overstay you may be arrested, prosecuted, deported and banned for 5 years.
• You can get an extension of stay from immigration for 1,900 baht. If you don't qualify for an extension they will give you an extra 7 days to leave the country.

[Suradit69]

I don't see how you can misread an entry stamp, you know before entering how long you will be given 15,30,60,90 or a 1 year stamp.

its not a pick any stamp up and put it in the passport, yes the immigration officer can make a mistake,but all stamps should be checked at the time.

Surely before planing a trip to Thailand you work out how many days you are staying, have the correct visa and travel insurance, and a plan on re-entries etc.

A long term 1 year extension may be forgotten, but again its just bad planing, and not putting that renewal date in a diary, phone, computer.

common sense should play a role here but its Thailand so wont hold my breath on that one.

It appears the use of common sense exists in Thailand even if it's absent in some of its visitors.

[D3030]

If you surrender at the border with any overstay under 90 days you only get fined. If you are caught on overstay, with a few weeks overstay, it's anyones guess what will happen, but if you do get arrested and prosecuted there is no reason why you wouldn't get banned.

Those that, in the future, get banned due to an "honest mistake" can thank all those that have, in the past, chosen to overstay.

Disagree!!

What a person does in the future....

Honest mistake or not..

They should only blame themselves for being on an overstay after the harsher rules went into effect...

[bkkcanuck8]

If you surrender at the border with any overstay under 90 days you only get fined. If you are caught on overstay, with a few weeks overstay, it's anyones guess what will happen, but if you do get arrested and prosecuted there is no reason why you wouldn't get banned.

Those that, in the future, get banned due to an "honest mistake" can thank all those that have, in the past, chosen to overstay.

Disagree!!

What a person does in the future....

Honest mistake or not..

They should only blame themselves for being on an overstay after the harsher rules went into effect...

Agree!!

Anyone that overstays, whether an "honest mistake" or not.... only have themselves to blame. In reality an "honest mistake" is just a result of the lack of diligence, foresight or planning - all are in the travelers complete control. Penalties are the penalties at the time.

'Farangs' do not have the best reputation in Thailand (and it was that way even before 'overstaying' became a hot topic).