#  >  > Living And Legal Affairs In Thailand >  >  > Thai Visas and Visa Runs >  >  overstay

## ralphlsasser

I know it's hard to say exactly, but a friend has overstayed his visa by 2 years and he's worried about what will happen when he's ready to leave. Any thoughts or experiences?
Thanks

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## pickel

He will pay a 20,000 baht fine at his point of departure. He better hope to not get caught before he is exiting the country.

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## ralphlsasser

That's what I told him. Make sure he lays low. Will he be able to come back ever again?

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## lom

I'm not so sure that paying the first 40 days of overstay will solve the problem, I've been told that overstays over 1 year nowadays renders you a room for a couple of days in the Immigrations Deportation Center.

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## somtamslap

> Will he be able to come back ever again?


 Yep. I've had a couple of large overstays and on both occasions arranged to meet with the immigration official who dealt with it for a few lao khaos upon my return. Money talks - slip the dude an extra grand or so for VIP service through departures.

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## somtamslap

> his point of departure.


 Best to make it the airport rather than a border.

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## klong toey

When will he be ready to leave another 2 years time or in the next week or so.
If he pays at point of departure,should be okay,even if the worst happens i.e prison then IDC will still be able to re enter as you are very unlikely to be blacklisted for overstay.

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## nidhogg

> I'm not so sure that paying the first 40 days of overstay will solve the problem, I've been told that overstays over 1 year nowadays renders you a room for a couple of days in the Immigrations Deportation Center.


There was some talk a while ago that overstays more than 40 days would be liable for imprisonment/fine and deportation - instead of the normal pay and walk.

Whether or not this was actually enacted into law,  I am not sure.

However, as noted, if you get picked up on the streets, then even one day can land you in the pokey.

For two years overstay, I would probably start talking to a good lawyer before going anywhere near immigration....

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## alwarner

I overstayed by a little while once, never had a problem.  Might be worth getting a new passport so that the overstay stamps aren't there in the passport - although i suppose it's all on a computer system now. It wasn't when i overstayed.

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## William

> Whether or not this was actually enacted into law,  I am not sure.


From my experience the problem with Thailand is not to enact law, but that they never take anything off the statues once it is enacted. As such, they have an ability to go back to laws that are 30, 40, 50 years old and say "this is the law". 

That's the approach they took with the 90 day reporting, which for the first 8 to 9 years I lived in Thailand was never enforced and then suddenly everyone had to do - because it "was the law".

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## nidhogg

> Whether or not this was actually enacted into law, I am not sure.
> 			
> 		
> 
> From my experience the problem with Thailand is not to enact law, but that they never take anything off the statues once it is enacted. As such, they have an ability to go back to laws that are 30, 40, 50 years old and say "this is the law". 
> 
> That's the approach they took with the 90 day reporting, which for the first 8 to 9 years I lived in Thailand was never enforced and then suddenly everyone had to do - because it "was the law".


In general I agree with you.  But its my understanding that specific revisions to the law regarding overstayers were in the pipeline - whether they are in force or not makes quite a difference to OP.

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## Gerbil

> That's the approach they took with the 90 day reporting, which for the first 8 to 9 years I lived in Thailand was never enforced and then suddenly everyone had to do - because it "was the law".


Yep. I'm surprised they havent reintroduced the 'tax clearance certificate' requirement for everytime you leave if you've been here more than 180 days in a tax year. I know it's still on the books, but they stopped enforcing it back in 1990 I think (I know for my first few years here I had to do it).

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## lom

> There was some talk a while ago that overstays more than 40 days would be liable for imprisonment/fine and deportation - instead of the normal pay and walk.


A guy I know overstayed 355 days recently and was told he was lucky to leave then and not 2 weeks later because he wouldn't be able to pay and walk after a year. 
If it is enforced everywhere - I dunno know. 
May also have been the immigration officer trying to scare him.

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## dirtydog

Probably the best bet is to get him to phone some of the visa run companies and explain the situation, they goto the border everyday so know which ones are the more lenient ones.

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## Professorfart

Nice to see reasoned, helpful and informative replies. 

On the other side this would have had them frothing out in fury. 

Kudos.

I just asked my neighbours who are immi officers at Swampy and they said simply "pay the fine" and go.
There is no mandate to blacklist anyone apart from criminals, nor do they particularly want to fill up the IDC with people who will then become a burden on the state - that is TV type scaremongering. 

If your friend has the money, he's got no real problem though he may get a bit of a lecture/bollocking on leaving which in my book is fair enough as the majority of us abide by the rules.

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## dirtydog

> Nice to see reasoned, helpful and informative replies.


Hang the bstard, he knew when his visa expired, he should be imprisoned for 2 years for overstaying 2 years and then black listed from the whole world.

There, is that better  :Smile:

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## English Noodles

There was a new rule introduced earlier this year that states for those with an overstay of 42 days or more it is  a mandatory jail term.

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## klong toey

> Originally Posted by Professorfart
> 
> Nice to see reasoned, helpful and informative replies.
> 
> 
> Hang the bstard, he knew when his visa expired, he should be imprisoned for 2 years for overstaying 2 years and then black listed from the whole world.
> 
> There, is that better


I agree he should be arrested stuck in IDC for 2 years with all the Africans they can use him as their sex toy.That should make the bugger think twice about overstaying again.

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## dirtydog

> There was a new rule introduced earlier this year that states for those with an overstay of 42 days or more it is a mandatory jail term.


No there wasn't noodles.

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## English Noodles

> No there wasn't noodles.


There was a directive from the head of the Royal Thai Immigration Police to enforce that those overstaying 42 days or more receive a mandatory jail term.

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## dirtydog

Noodles, do have a link? I mean a proper link not some tosser called george who posts on some forum, do you know how many would be locked up by now if it was true? 1,000's, don't you think they may have posted about it on the internet if it was actually happening, hey sorry, I forgot, it was Howard Miller who announced it first on his new Pattaya rag over 1 year ago, yet we have heard nothing about all these thousands of tourists who have tried to pay the 20k baht but have been refused and jailed.

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## klong toey

Never heard of this website before.


A recent report on the normally very reliable website ThaiVisa.com and provided by PattayaOne.net is false, according to the head detention officer for the Immigration Bureau of the Royal Thai Police in Bangkok. The Chonburi Immigration official, with jurisdiction over Pattaya and the entire Eastern Seaboard, also denied there has been a change in policy to be more severe with those who overstay their visas.

The penalties established under the terms of the Immigration Act 1979 remain in effect.  We do not want foreigners to believe they are in jeopardy of arrest and detention for overstaying their visa if they have overstayed less than one year.  This will cause them even more problems and wasted time. The enforcement guidelines for the governing statute strictly states that detention is mandatory only if the foreigner has overstayed for one year or more. There have been no changes.  In case of overstays beyond 364 days, he or she must be detained. A background check for wants and warrants is conducted. If the overstayer is found to be in no other violation, then he or she appears before a judge in Bangkok and is generally fined 20,000 baht plus court costs and must return to his country of passport issuance. He or she is NOT blacklisted, the Bangkok officer insisted.

Crackdown or cock-up - Thai visa overstay rules debacle | Expat Eye

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## dirtydog

> The Chonburi Immigration official


Doesn't he know his name or rank? Is his name and rank a secret?

Everybody i know who has gone to court in Bangkok has paid between 5 and 8k baht.

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## Loy Toy

Plead insanity.

How the hell can anyone overstay for 2 years?

Gunna cost him a pretty penny whichever way you look at it but Dawg's advice to speak to someone in the know before he attempts to leave will lessen the pain in the pocket.

A visa run company or a solicitor might be able to help along with a 5,000 wedge.

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## dirtydog

> Gunna cost him a pretty penny whichever way you look at it but Dawg's advice to speak to someone in the know before he attempts to leave will lessen the pain in the pocket.


If Aldhouse can walk out of Thailand with murder charges against him you are sure to find a border that will just take the 20k baht fine and maybe a bottle of booze on re-entry.

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## superman

> How the hell can anyone overstay for 2 years?


How about the Korean on 20 year overstay ? Overstay Fine Limits? - Thailand Forum

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## alwarner

> Plead insanity.
> 
> *How the hell can anyone overstay for 2 years?*
> 
> Gunna cost him a pretty penny whichever way you look at it but Dawg's advice to speak to someone in the know before he attempts to leave will lessen the pain in the pocket.
> 
> A visa run company or a solicitor might be able to help along with a 5,000 wedge.


You put things off, maybe you don't have the money, maybe you fuck up.  You put it to the back of your mind at first. You worry a little bit, but it doesn't stop you sleeping at night. Once you've done a few months and not been caught, you just stop thinking about it. Before you know it you've done a year plus and you know you're probably right in the shit, so what difference will a little while longer make?  Then you wake up and realise you've been a tit and face up to getting yourself sorted out.

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## notdavetherave

> I know it's hard to say exactly, but a friend has overstayed his visa by 2 years and he's worried about what will happen when he's ready to leave. Any thoughts or experiences?
> Thanks


I'm curious, why did he overstay.

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## aging one

> Probably the best bet is to get him to phone some of the visa run companies and explain the situation, they goto the border everyday so know which ones are the more lenient ones.


This is they key, not only two years overstay but no reporting of residence either. 

Opinion, he could not have forgotten two years.





> There was a directive from the head of the Royal Thai Immigration Police to enforce that those overstaying 42 days or more receive a mandatory jail term.


I dont know the exact quote, but there has been and is an ongoing effort to take care of this problem. It was highlighted in the Post a few to 5 months ago.  

Wish him luck but i would say the guy has a problem  I forgot,  is not going to work even here in the LOS.

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## superman

For some unexplained reason, Thailand will not charge for the first day of overstay. They only start counting from the second day.  Overstay in Thailand : Visa overstay in Thailand and Thai law 


> Usually though when you overstay for one day, it doesn’t carry a fine with it. The fine of 500 baht per day of overstay only begins after the second day,

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## dirtydog

They charge the first day on land borders, not flights out of the country.

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## English Noodles

> For some unexplained reason, Thailand will not charge for the first day of overstay. They only start counting from the second day.


Only at an airport. Reason being that you could have a flight in the early hours of the morning and so be overstayed due to the check in times of your flight.

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## superman

Why does, failure to report every 90 days carry a minimum 2,000 Baht fine when overstay carries a minimum 500 Baht ? I would have thought opposite.

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## superman

> Originally Posted by superman
> 
> For some unexplained reason, Thailand will not charge for the first day of overstay. They only start counting from the second day.
> 
> 
> Only at an airport. Reason being that you could have a flight in the early hours of the morning and so be overstayed due to the check in times of your flight.


It doesn't say that in the link I posted. In fact it doesn't define. What if you caught a bus that didn't get you to the border in time ? Or the border closed at a specific time ?

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## English Noodles

> It doesn't say that in the link I posted. In fact it doesn't define.


Doesn't say what?

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## dirtydog

> What if you caught a bus that didn't get you to the border in time ?


Then you pay.

Just because you found some link to some obscure site with very few facts doesn't mean it is gospel.

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## superman

You're correct DD I appologise.

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## FarangRed

I posted on here a while ago about a guy who had over stayed 25 years and you think your mate has fuking problems

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## English Noodles

> I posted on here a while ago about a guy who had over stayed 25 years and you think your mate has fuking problems


He didn't mention his sex life once.

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## English Noodles

A grace period of one day is permitted if exiting via an international airport, if over a land crossing then no grace period is given.

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## klong toey

I personally knew a German who overstayed 10 years,could not pay overstay fee.
He spent 3 days in Jomtien immigration cell,was transfered to Pattaya police cells spent 4 days there.Went to court can't remember his exact sentence was either 3 or 4 weeks in Nong Palai.Sent back to Pattaya police cells a few more days there,transfered to Bangkok IDC 1week there.He had not contacted his family in Germany for many years German embassy contact his daughter she sent over his flight money off he went.
He was not blacklisted.

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## English Noodles

> He was not blacklisted.


How do you know?

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## prefabs

> Originally Posted by Professorfart
> 
> Nice to see reasoned, helpful and informative replies.
> 
> 
> Hang the bstard, he knew when his visa expired, he should be imprisoned for 2 years for overstaying 2 years and then black listed from the whole world.
> 
> There, is that better


 
won't he smell a bit after being hung and then jailed for 2 years?

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## superman

Apparently not, if they disembowel him first.

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## klong toey

> Originally Posted by klong toey
> 
> He was not blacklisted.
> 
> 
> How do you know?


Cos he emailed me.
Last time i heard from him he was back in Isaan with his wife.

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## English Noodles

> Last time i heard from him he was back in Isaan with his wife.


Wonder how he affords that.

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## klong toey

> Originally Posted by klong toey
> 
> Last time i heard from him he was back in Isaan with his wife.
> 
> 
> Wonder how he affords that.


He sold his decent motorbike he had stored in Germany,got a job and now spends time working in Germany,and living in Isaan.

I worked for a charity so got to know a few people in trouble in Thailand.
Some it worked out for,1 died in IDC another went back to blighty,on to China he died there.Btw he was on a small drugs charge and was blacklisted for 2 years.
A few others have broken hearts their tilacs blew them out,they never returned.

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## superman

I'll drink to that.

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## English Noodles

> I'll drink to that.


I'll drink to most things, but I draw a line at a grown man having to be bailed out of a Pattaya police cell by his daughter because he could not afford his flight home.

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## dirtydog

^So if it was your dad noodles he would still be there then  :Sad:

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## chitown

> There was a new rule introduced earlier this year that states for those with an overstay of 42 days or more it is  a mandatory jail term.


I know a guy that just left after a nice 5 year overstay. He paid the fine at Swampy Poom and was on his way to Europe. They should have arrested him for traveling without showering. He always had a ripe smell about him when he turned up....or would that be an over ripe smell?  :Smile:

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## chitown

Currently Active Users Viewing This Thread: 13 (7 members and 6 guests)     chitown*, IceSpike, Kaviar, JGANGSTER, superman, prefabs, Strongarm

I am not on overstay...so what attracted the rest of you to this thread?  :mid:   :Smile:   ::chitown::

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## English Noodles

> ^So if it was your dad noodles he would still be there then


Pappa Noodles would never be so dumb as to be in that position.

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## IceSpike

> Currently Active Users Viewing This Thread: 13 (7 members and 6 guests) chitown*, IceSpike, Kaviar, JGANGSTER, superman, prefabs, Strongarm
> 
> I am not on overstay...so what attracted the rest of you to this thread?


Stupidity!

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## IceSpike

So Chitown, give it up, what attracted you? Your not an overstay, but maybe you were?

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## chitown

I read almost every thread on TD every day. 

What a life.  :Sad:   ::chitown::

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## IceSpike

Sounds like a good Life! 
I know farangs living in the Kingdom with no Passport, some don't even know what Country they are from...
 Are you an Overstay? 
Maybe you think that is BS?
Ucantellme2fukoff.
I'm a Canadian Born Mexican National working in Australia as a fast food order chef.
But I have a job and I have overstayed everywhere I have ever traveled.
First to the Party Last to Leave!

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## Professorfart

If they have income. it's not a big deal!

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## Professorfart

Trust me! Know some Immi officers which noodlepenis don't

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## ralphlsasser

Thanks guys. He told me he's not planning on leaving any time soon, but he has some health problems and is thinking about going to the west for treatment. I advised him to speak with an Immigration Attorney and if possible, take him with him when he's ready to leave. Maybe, one could help if he gets one that had ate some bad Som Tam.

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## ralphlsasser

> Sounds like a good Life! 
> I know farangs living in the Kingdom with no Passport, some don't even know what Country they are from...
> Are you an Overstay? 
> Maybe you think that is BS?
> Ucantellme2fukoff.
> I'm a Canadian Born Mexican National working in Australia as a fast food order chef.
> But I have a job and I have overstayed everywhere I have ever traveled.
> First to the Party Last to Leave!


LOL No, I am not an overstay. I did overstay 14 days in 2005 and it cost me 20,000 baht, but the immigration officer didn't say anything. I paid and left. Came back two days later with no problem. I assume he's worried because he has overstayed so long. Logic tells me that one day is too long, but using logic isn't one of Thailands strong points as we all know.

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## dirtydog

> I did overstay 14 days in 2005 and it cost me 20,000 baht,


You was robbed, 500baht perday to a max of 20k baht, 7k baht would have been your fine.

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## English Noodles

> Originally Posted by ralphlsasser
> 
> I did overstay 14 days in 2005 and it cost me 20,000 baht,
> 
> 
> You was robbed, 500baht perday to a max of 20k baht, 7k baht would have been your fine.


The fine for overstay changed from B200 per day to B500 per day on 15th March 2006. His fine should have only been B2,800. 

He sounds like a bullshit artist to me.

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## Mr Orange

> How the hell can anyone overstay for 2 years?


And the rest

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## superman

> Currently Active Users Viewing This Thread: 13 (7 members and 6 guests) chitown*, IceSpike, Kaviar, JGANGSTER, superman, prefabs, Strongarm
> 
> I am not on overstay...so what attracted the rest of you to this thread?


To gain knowledge.  :Smile:

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## Professorfart

Now it sounds like TV!

Onya lads!

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## BaitongBoy

> LOL No, I am not an overstay. I did overstay 14 days in 2005 and it cost me 20,000 baht, but the immigration officer didn't say anything.


Why would he say anything?...He just got a huge tip from you...

 :Smile: 

You sure he didn't say thank you?...Sometimes, they are so impolite...

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## DrAndy

> In case of overstays beyond 364 days, he or she must be detained. A background check for wants and warrants is conducted. If the overstayer is found to be in no other violation, then he or she appears before a judge in Bangkok and is generally fined 20,000 baht plus court costs and must return to his country of passport issuance. He or she is NOT blacklisted, the Bangkok officer insisted.


well, a member here was caught with 2+ years overstay; they jailed him for a while, then fined him and said he would have to return to his home country to get another visa

he did that but on his return the immigration official refused him entry so he had to go back home

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## Sailing into trouble

> Why does, failure to report every 90 days carry a minimum 2,000 Baht fine when overstay carries a minimum 500 Baht ? I would have thought opposite.


I got done 500bht a day! 2000bht cheaper than the effort to get an extra four days out of the system. In comparison my Mrs has just got a year long visa, this was a year after we started applying. Got turned down twice. Had 90 days to reapply again.In the end they give us what we asked for. No fines no jail. No threats. I feel picked on.

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## BobR

> Originally Posted by Loy Toy
> 
>  How the hell can anyone overstay for 2 years?
> 
> 
> And the rest


I would expect that as more Western countries come up with chicken sh*t reasons to deny people passports or renewal, the problem will get worse.  The USA for example will deny someone a passport if they have back child support, and any law enforcement agency can now request your passport be denied or cancelled.  There has been talk on the Congressional Record about denying passports to people who owe back taxes etc.  

I would be hesitant to leave Thailand if I knew I likely could not come back.

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## Ceburat1

Depends on how you leave. My friend just died last week and he was 40 years plus overstay.  I think best to just obey the law and stay out of trouble.

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## klong toey

> Originally Posted by klong toey
> 
> In case of overstays beyond 364 days, he or she must be detained. A background check for wants and warrants is conducted. If the overstayer is found to be in no other violation, then he or she appears before a judge in Bangkok and is generally fined 20,000 baht plus court costs and must return to his country of passport issuance. He or she is NOT blacklisted,” the Bangkok officer insisted.
> 
> 
> well, a member here was caught with 2+ years overstay; they jailed him for a while, then fined him and said he would have to return to his home country to get another visa
> 
> he did that but on his return the immigration official refused him entry so he had to go back home


I reckon thats is very unusual,sure it was just overstay.He should have known by the stamp in his passport what the situation was with regard to re entry.
But i guess if the immigration officer is in a bad mood then your out of luck.

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## DrAndy

yes, I am sure

they would not have issued a visa otherwise anyway

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## aging one

> pect that as more Western countries come up with chicken sh*t reasons to deny people passports or renewal, the problem will get worse. The USA for example will deny someone a passport if they have back child support


That would seem like a pretty valid reason to me. Not enough money to support your child, but at the same time travel around Asia?

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## English Noodles

> That would seem like a pretty valid reason to me. Not enough money to support your child, but at the same time travel around Asia?


What if the passport was needed to travel for work?

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## jingjing

Overstayed for 1 year went to a crossing paid the 20k fine and even gave me his telephone number and said if i know any ppl who overstay they can call him no problem...  This was only 3 months ago at a cambodian border crossing

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## English Noodles

What would be the point of calling him?

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## rickpattaya

> What would be the point of calling him?


So he can collect his back hander.

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## jingjing

Because he works 7 on 7 off and the other guy might lock u up.. Have you ever heard of a policeman giving a farang a backhander if so give me his number :St George:

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## English Noodles

> Because he works 7 on 7 off


The immigration officer works 7 days and then has 7 days off? What border crossing is this?

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## rickpattaya

> Because he works 7 on 7 off and the other guy might lock u up.. Have you ever heard of a policeman giving a farang a backhander if so give me his number


I had a few back hander's from Policemen in my youth.

It goes something like this 'you overstay, big problem but I can help you'

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## jingjing

> Originally Posted by jingjing
> 
> 
> Because he works 7 on 7 off and the other guy might lock u up.. Have you ever heard of a policeman giving a farang a backhander if so give me his number
> 
> 
> I had a few back hander's from Policemen in my youth.
> 
> It goes something like this 'you overstay, big problem but I can help you'


 
No backhanders for me was just happy to be allowed back in... Policeman is a capt and its the osmach border crossing

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## Professorfart

Fair play to you! 


Please post on TV.....

Please!!!!

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## rickpattaya

Can be scary moments jing. Best thing just don't overstay.

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## jingjing

> Can be scary moments jing. Best thing just don't overstay.


 
I agree it was scary and wont be doing that again but good info for anyone on a overstay and goes to see him...

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## cornish777

I need something like this jingjing, i'm on 2.8 years overstay. But the problem is i only have 1 page in my passport, thats how it all came about. So i guess i couldn't even do this anyway, bugger!

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## Gerbil

> But the problem is i only have 1 page in my passport, thats how it all came about.


That's the worst excuse I've ever heard.

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## dirtydog

> But the problem is i only have 1 page in my passport,


Get an E Visa for Cambodia and your away.

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## alexth

> Overstayed for 1 year went to a crossing paid the 20k fine and even gave me his telephone number and said if i know any ppl who overstay they can call him no problem...  This was only 3 months ago at a cambodian border crossing


Interesting. What's the number?

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## jons557

RalpLasser:  I cannot PM you- it says I need 20 posts to begin PMing other members.  U can email me no prob.  jons557@gmail.com

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