After 20th of March..

[Ian1980]

Anyone knows if someone has be banned to reentry the country?

I know a guy,french nationalities,he was on 6 months overstay,left the Kingdom with his thai family 2nd of April.He doesn't be banned to reentry but that's because he was very generous with the police immigration.........

[ubonjoe]

I have seen no reports of anybody being banned yet.

[Maestro]

http://www.thaivisa.com/forum/topic/911968-colombian-who-stole-from-mp-arrested-in-bangkok/?p=10664467

…Luis Sanchez was arrested on overstay…authorities found that he had overstayed his visa and are now deporting him. He will be blacklisted for five years.

The above post does not mention the date of arrest, but the news article used as a source was dated 22 April 2016.

Sanchez was suspected of involvement in several burglaries but there was insufficient evidence to take him to court for that and the police used the "good guys in, bad guys out" Ministerial Order 1/2558 to deport him and ban him from entering Thailand for five years.

http://www.thaivisa.com/forum/index.php?app=core&module=attach&section=attach&attach_id=368039

[ubonjoe]

I was referring to not being caught with overstay. No reports of anybody being banned when leaving the country with an overstay.

I suspect there may have been many that were caught and banned. I think that was what immigration was really wanting to be able to do.

[Maestro]

Based on reports we have so far seen from members it does indeed look like overstayers who "surrender" to immigration on departure from Thailand via an airport and have nothing else held against them are not being banned from re-entering.

The French family mentioned in the OP might have received the same lenient treatment even without being "very generous with the police immigration"

[gandalf12]

Laws that are not enforced only make the law makers look silly. They need to enforce these laws

Edited April 26, 2016 by gandalf12

[bkkcanuck8]

Laws that are not enforced only make the law makers look silly. They need to enforce these laws

Laws are often not enforced in general and only enforced at the discretion of authorities... you have to look no farther back than the old loitering laws that if you were "loitering" but was dressed reasonably.... you would not be bothered... but it you looked like a beggar.... you would find yourself warned or charged.... (the good old days when you were not constantly harassed by professional beggars in major western cities).

[gandalf12]

Laws that are not enforced only make the law makers look silly. They need to enforce these laws

Laws are often not enforced in general and only enforced at the discretion of authorities... you have to look no farther back than the old loitering laws that if you were "loitering" but was dressed reasonably.... you would not be bothered... but it you looked like a beggar.... you would find yourself warned or charged.... (the good old days when you were not constantly harassed by professional beggars in major western cities).

You should not be able to pick and chose which laws you want to enforce. All laws should be enforced. In your home country do you adopt the same attitude? I doubt it so you shouldn't adopt it here

[bkkcanuck8]

Laws that are not enforced only make the law makers look silly. They need to enforce these laws

Laws are often not enforced in general and only enforced at the discretion of authorities... you have to look no farther back than the old loitering laws that if you were "loitering" but was dressed reasonably.... you would not be bothered... but it you looked like a beggar.... you would find yourself warned or charged.... (the good old days when you were not constantly harassed by professional beggars in major western cities).

You should not be able to pick and chose which laws you want to enforce. All laws should be enforced. In your home country do you adopt the same attitude? I doubt it so you shouldn't adopt it here

All countries do.... it is called many things... The US (which almost everyone sees on TV) it is called "prosecutorial discretion" which gives prosecuting attorneys nearly absolute power to chose whether or not to bring criminal charges, or what charges to bring.... regardless of evidence. Police often chose which laws to enforce based on priority of what is more important - often jay walking for example is ignored on clear open streets because it is not a priority and time is better spent on things that will make the city safer from criminals etc. Where prosecutorial discretion becomes corruption is when laws are enforced unequally.

What you are talking about is what is often termed "throwing the book" at someone - and that rarely happens and typically only for the most heinous of criminals or crimes.....

[HomeinThailand]

Laws that are not enforced only make the law makers look silly. They need to enforce these laws

Laws are often not enforced in general and only enforced at the discretion of authorities... you have to look no farther back than the old loitering laws that if you were "loitering" but was dressed reasonably.... you would not be bothered... but it you looked like a beggar.... you would find yourself warned or charged.... (the good old days when you were not constantly harassed by professional beggars in major western cities).

You should not be able to pick and chose which laws you want to enforce. All laws should be enforced. In your home country do you adopt the same attitude? I doubt it so you shouldn't adopt it here

Picking and choosing is what humans do best. No matter the country, it is a choice to enforce any law by law enforcement. Do they pull you over going a little bit over the speed limit? Probably not. I passed a cop going 20 mph over the limit on the Interstate. She was in the median using radar. Had me dead in my tracks. She did the naughty finger wave moms are so good at as I passed her. She chose not to come after me. Why? Her choice. I agree laws need to be enforced evenly across the board regardless of situation. I doubt it will ever happen though. The big hold up, humans are involved. We are the wild card.

[csabo]

Laws that are not enforced only make the law makers look silly. They need to enforce these laws

Laws are often not enforced in general and only enforced at the discretion of authorities... you have to look no farther back than the old loitering laws that if you were "loitering" but was dressed reasonably.... you would not be bothered... but it you looked like a beggar.... you would find yourself warned or charged.... (the good old days when you were not constantly harassed by professional beggars in major western cities).

You should not be able to pick and chose which laws you want to enforce. All laws should be enforced. In your home country do you adopt the same attitude? I doubt it so you shouldn't adopt it here

Picking and choosing is what humans do best. No matter the country, it is a choice to enforce any law by law enforcement. Do they pull you over going a little bit over the speed limit? Probably not. I passed a cop going 20 mph over the limit on the Interstate. She was in the median using radar. Had me dead in my tracks. She did the naughty finger wave moms are so good at as I passed her. She chose not to come after me. Why? Her choice. I agree laws need to be enforced evenly across the board regardless of situation. I doubt it will ever happen though. The big hold up, humans are involved. We are the wild card.

You are wrong. Discretion is allowed by police for obvious reasons. In your speeding example, if a police officer stops a speeding car and then discovers an injured person was speeding to a hospital obviously you would want the officer to use discretion in that case over someone who was just speeding because he was late for work and had been warned previously. There are additional factors in any case of law violation that a human must weigh in on when administering admonishment or penalty.

[ubonjoe]

Laws that are not enforced only make the law makers look silly. They need to enforce these laws

In this case it is not a law or as Thailand call them an act. It is order 1/2558 done by the minister of interior. I suspect immigration has been given a bit of leeway as to how they enforce it.

The Immigration Act of 1979 is the one for immigration purposes.

[gandalf12]

Laws that are not enforced only make the law makers look silly. They need to enforce these laws

Laws are often not enforced in general and only enforced at the discretion of authorities... you have to look no farther back than the old loitering laws that if you were "loitering" but was dressed reasonably.... you would not be bothered... but it you looked like a beggar.... you would find yourself warned or charged.... (the good old days when you were not constantly harassed by professional beggars in major western cities).

You should not be able to pick and chose which laws you want to enforce. All laws should be enforced. In your home country do you adopt the same attitude? I doubt it so you shouldn't adopt it here

All countries do.... it is called many things... The US (which almost everyone sees on TV) it is called "prosecutorial discretion" which gives prosecuting attorneys nearly absolute power to chose whether or not to bring criminal charges, or what charges to bring.... regardless of evidence. Police often chose which laws to enforce based on priority of what is more important - often jay walking for example is ignored on clear open streets because it is not a priority and time is better spent on things that will make the city safer from criminals etc. Where prosecutorial discretion becomes corruption is when laws are enforced unequally.

What you are talking about is what is often termed "throwing the book" at someone - and that rarely happens and typically only for the most heinous of criminals or crimes.....

You are talking about police in a patrol car. You have no idea if they are waiting for information to go to something a lot more serious. Immigration has only one ting to do for each person. That is to essentially check visas and issue the necessary penalty for violations. It is not the same thing as a patrol car. As you know you can be pulled over by the police in the US for crossing a lane line without signalling but sometimes you dont. They have a lot more issues to attend to than the basic immigration officer.

Anyway, without a medical reason which would be dealt with, what viable reason would you have for over staying 3 or more months?

[bazza40]

Laws that are not enforced only make the law makers look silly. They need to enforce these laws

Laws are often not enforced in general and only enforced at the discretion of authorities... you have to look no farther back than the old loitering laws that if you were "loitering" but was dressed reasonably.... you would not be bothered... but it you looked like a beggar.... you would find yourself warned or charged.... (the good old days when you were not constantly harassed by professional beggars in major western cities).

You should not be able to pick and chose which laws you want to enforce. All laws should be enforced. In your home country do you adopt the same attitude? I doubt it so you shouldn't adopt it here

There is good law and bad law. Laws are made by politicians. Judges and prosecutors often choose to turn a blind eye to bad law.

[bkkcanuck8]

Laws are often not enforced in general and only enforced at the discretion of authorities... you have to look no farther back than the old loitering laws that if you were "loitering" but was dressed reasonably.... you would not be bothered... but it you looked like a beggar.... you would find yourself warned or charged.... (the good old days when you were not constantly harassed by professional beggars in major western cities).

You should not be able to pick and chose which laws you want to enforce. All laws should be enforced. In your home country do you adopt the same attitude? I doubt it so you shouldn't adopt it here

All countries do.... it is called many things... The US (which almost everyone sees on TV) it is called "prosecutorial discretion" which gives prosecuting attorneys nearly absolute power to chose whether or not to bring criminal charges, or what charges to bring.... regardless of evidence. Police often chose which laws to enforce based on priority of what is more important - often jay walking for example is ignored on clear open streets because it is not a priority and time is better spent on things that will make the city safer from criminals etc. Where prosecutorial discretion becomes corruption is when laws are enforced unequally.

What you are talking about is what is often termed "throwing the book" at someone - and that rarely happens and typically only for the most heinous of criminals or crimes.....

You are talking about police in a patrol car. You have no idea if they are waiting for information to go to something a lot more serious. Immigration has only one ting to do for each person. That is to essentially check visas and issue the necessary penalty for violations. It is not the same thing as a patrol car. As you know you can be pulled over by the police in the US for crossing a lane line without signalling but sometimes you dont. They have a lot more issues to attend to than the basic immigration officer.

Anyway, without a medical reason which would be dealt with, what viable reason would you have for over staying 3 or more months?

Violations though are relative. The law as it is passed right now gives the officers one extra tool in protecting Thailand than they did before. Each overstay is not equal - and it is not something that can be measured through one metric. One option is to "throw the book" at everyone who overstays regardless of anything else. Another option is to use discretion about when to "throw the book" and ban someone from being able to enter. If someone is caught overstaying and they are suspected of being involved in something else like criminal activity or working illegally ... then "throw the book" and ban them from entering. If someone is caught overstaying but nothing else - giving them a warning - just like officers of many police forces give out for non-criminal offenses everyday.

The fact is that we (john q public) have no real idea of why they wanted these powers... we do not work for the agency responsible for enforcing these laws.

[NoshowJones]

Laws that are not enforced only make the law makers look silly. They need to enforce these laws

Laws are often not enforced in general and only enforced at the discretion of authorities... you have to look no farther back than the old loitering laws that if you were "loitering" but was dressed reasonably.... you would not be bothered... but it you looked like a beggar.... you would find yourself warned or charged.... (the good old days when you were not constantly harassed by professional beggars in major western cities).

You should not be able to pick and chose which laws you want to enforce. All laws should be enforced. In your home country do you adopt the same attitude? I doubt it so you shouldn't adopt it here

In your home country do you adopt the same attitude? In my home country, if I do not agree with anyones law, I will not obey it if I can get away with it. Common sense is more important than any law.

[jeab1980]

I am glad our immigration officers are using there heads and not being to the full rules. There is always good that they listen and act on each case. I'm know a lot here want everyone who stay over banned. But I'm glad they don't.

[Ronuk]

Not everybody in Thailand is a TV user or member obviously, so very difficult I suppose to know of any bans unless they are a member or a member knows of someone who has been banned. I don't kow of anybody at this particular time who is on overstay but known plenty in the past who have been deported for a host of other reasons. Personally, I have always tried to play by the rules and steer clear of trouble. I have owned and rented properties here since 1998 and only recently come across this forum myself so not all the old hands in Thailand know of it lol I don't actually know anybody personally who is member but have sent a few recommendations to friends to join.
I have to say though that as a new member there is some great advice on here if you ignore some of the Thai bashers!
Ubonjoe is a mind of information when it comes to visa issues. He should be working in the Thai Consulate Visa section

Edited April 26, 2016 by Ronuk

[BusyB]

Based on reports we have so far seen from members it does indeed look like overstayers who "surrender" to immigration on departure from Thailand via an airport and have nothing else held against them are not being banned from re-entering.

The French family mentioned in the OP might have received the same lenient treatment even without being "very generous with the police immigration"

I'm not in country at the moment. But looking at the posts and reports, and based on my own experience of dealing with authorities and working for large organisations, it strikes me that they're being quite benevolent towards the ancient overstayers, the 20 year Isaan vets and the such like, and the more younger hellraisers with only a few months or a couple of years under their belts - if they surrender and clear it for 20k. Clearing the backlog as it were. That would be reasonable and also typically Thai.

However it's still too soon for anyone who entered after 21.03 to have an overstay yet. I suspect that anyone who overstays with an entry AFTER 21.03 will probably get hammered - especially if they're caught.

[marcofunny]

I confirm that 3 work colleagues of mine cleared their overstays of 3-6 years after march 20 without being banned, however they used the services of a visa agent, all back to Thailand without problems.

Edited April 26, 2016 by marcofunny

[marcofunny]

the 20 year Isaan vets

I know a western guy who s mentally ill and living in the ekkmai section in Bangkok, he overstayed more than 16 yrs here and still doing fine, he receives a generous welfare pension from his home country, he lives with an expired passport n visa, he s the sort of guy who believes in the end of the world and conspiracy theories, he said God told him to stay here because he s going to receive some important divine power , he told me he always carries with him 5k-10K baht cash to settle down all fees in case of any random ID checks and he has done that successfully a couple of times

[gandalf12]

Laws that are not enforced only make the law makers look silly. They need to enforce these laws

In this case it is not a law or as Thailand call them an act. It is order 1/2558 done by the minister of interior. I suspect immigration has been given a bit of leeway as to how they enforce it.

The Immigration Act of 1979 is the one for immigration purposes.

Thanks for the information ubonjoe

[chickenrunCM]

my gf and me we own a restaurant/bar in the old town of CN, the week after Songkran i saw in the bar opposite 3 thai men sitting around 4.30 pm, drinking small Chang with a drinking straw and playing with their phones and tablets, so I went there and ask why they make fotos/movie of our place and the answer wasm it´s a free country, 1 minute later they came to us ask me for my passport, if I was working aso, meantime they were 7 guys, I saw their IMO ID but they have been very polite,

I asweredm that I am not workingm I only aswered some questions from customers, and that we have staff working here,

they wait 15 minutes untill my gf came from their work in hotel, talked to her, checked my passport, ask how many people living there, I answered, me my gf and my 15 years old son, they missed the 90 days report in the passport, but my extension was ok, just 1 week ago I got 1 year extension on retirement (3rd one)

finally my gf has to go to IMO office with them 7 pm, my 90 day report they not care, they told me to sort it out in the next days, my gf payed 1600 fine for not reporting me within 24 hours. The gave her a adress for doing the report online in the future,

even this i dont understand because the rental contract is on my name and the business runs on her name.

The IMO officers interviewed more people around also foreigners, I guess they were looking for some guy or maybe some random check, I was a little bit concerned about they going against me for working, but they have been very polite, never ask for money or tried to make any problem.

BTW the 90 day problem I will solve by going out of the country for some days

[saakura]

So, is everything back to normal? I mean clearing years of overstay with 20k at the airport, fly to Penang and come back next day with a METV or whatever other kind of visa?

[jeab1980]

my gf and me we own a restaurant/bar in the old town of CN, the week after Songkran i saw in the bar opposite 3 thai men sitting around 4.30 pm, drinking small Chang with a drinking straw and playing with their phones and tablets, so I went there and ask why they make fotos/movie of our place and the answer wasm it´s a free country, 1 minute later they came to us ask me for my passport, if I was working aso, meantime they were 7 guys, I saw their IMO ID but they have been very polite,

I asweredm that I am not workingm I only aswered some questions from customers, and that we have staff working here,

they wait 15 minutes untill my gf came from their work in hotel, talked to her, checked my passport, ask how many people living there, I answered, me my gf and my 15 years old son, they missed the 90 days report in the passport, but my extension was ok, just 1 week ago I got 1 year extension on retirement (3rd one)

finally my gf has to go to IMO office with them 7 pm, my 90 day report they not care, they told me to sort it out in the next days, my gf payed 1600 fine for not reporting me within 24 hours. The gave her a adress for doing the report online in the future,

even this i dont understand because the rental contract is on my name and the business runs on her name.

The IMO officers interviewed more people around also foreigners, I guess they were looking for some guy or maybe some random check, I was a little bit concerned about they going against me for working, but they have been very polite, never ask for money or tried to make any problem.

BTW the 90 day problem I will solve by going out of the country for some days

make no sense if you get new extension 1 week ago 90 day is long way off. Rubish talking

[Merylhighground]

Our friend who we helped get sorted and clear before the 20th March returned with no problems about ten days ago. He said the I/O at Suwannaphum was a little stiff with him but after a few minutes of showing his passport to colleagues, he returned to his desk, stamped him in with a curt, but friendly 'no more overstay' and bang, he was in for the next 90 days. Thankfully we should be back in Thailand to make sure he leaves before those 90 expire.

[johnatong]

So, is everything back to normal? I mean clearing years of overstay with 20k at the airport, fly to Penang and come back next day with a METV or whatever other kind of visa?

You will be very lucky to "just" clear a one year overstay without also being banned.

An METV from Penang would only be available to a resident or citizen of Malaysia.

[SoFarAndNear]

Laws that are not enforced only make the law makers look silly. They need to enforce these laws

Laws are often not enforced in general and only enforced at the discretion of authorities... you have to look no farther back than the old loitering laws that if you were "loitering" but was dressed reasonably.... you would not be bothered... but it you looked like a beggar.... you would find yourself warned or charged.... (the good old days when you were not constantly harassed by professional beggars in major western cities).

You should not be able to pick and chose which laws you want to enforce. All laws should be enforced. In your home country do you adopt the same attitude? I doubt it so you shouldn't adopt it here

In the EU it also varies from the Immigration officer if you will be blacklisted after an overstay. I have read a lot online comments. Some people overstayed a few weeks and got blacklisted some other overstayed for months or years and were not blacklisted. The only thing which is for sure is the money penalty.

[gandalf12]

Laws that are not enforced only make the law makers look silly. They need to enforce these laws

In this case it is not a law or as Thailand call them an act. It is order 1/2558 done by the minister of interior. I suspect immigration has been given a bit of leeway as to how they enforce it.

The Immigration Act of 1979 is the one for immigration purposes.

So I guess it is very much what the individual IO wants at the time. Not really a good way to implement such issues

[BuriramDevelopers]

Recently seen a friend arrested, been locked up in Bangkok for a month , to be deported and blacklisted for 10 years. No joke. the fine was a joke. 14 yrs overstay and a total under 6000 THB costs. Fine etc. This was not according to standard rules i guess. The deportation surely was.