overstay

**ralphlsasser** · 07-10-2011, 04:05 PM

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

**pickel** · 07-10-2011, 04:06 PM

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.

**ralphlsasser** · 07-10-2011, 04:12 PM

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

**lom** · 07-10-2011, 04:13 PM

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.

**somtamslap** · 07-10-2011, 04:15 PM

Originally Posted by ralphlsasser

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.

**somtamslap** · 07-10-2011, 04:22 PM

Originally Posted by pickel

his point of departure.

Best to make it the airport rather than a border.

**klong toey** · 07-10-2011, 04:22 PM

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.

**nidhogg** · 07-10-2011, 04:24 PM

Originally Posted by 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.

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....

**alwarner** · 07-10-2011, 04:24 PM

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.

**William** · 07-10-2011, 04:39 PM

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".

**nidhogg** · 07-10-2011, 04:49 PM

Originally Posted by 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".

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.

**Gerbil** · 07-10-2011, 04:58 PM

Originally Posted by William

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).

**lom** · 07-10-2011, 05:03 PM

Originally Posted by nidhogg

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.

**dirtydog** · 07-10-2011, 05:14 PM

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.

**Professorfart** · 07-10-2011, 05:53 PM

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.

**dirtydog** · 07-10-2011, 06:00 PM

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

**English Noodles** · 07-10-2011, 06:09 PM

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.

**klong toey** · 07-10-2011, 06:11 PM

Originally Posted by dirtydog

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.

**dirtydog** · 07-10-2011, 06:22 PM

Originally Posted by 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.

No there wasn't noodles.

**English Noodles** · 07-10-2011, 06:27 PM

Originally Posted by dirtydog

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.

**dirtydog** · 07-10-2011, 06:36 PM

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.

**klong toey** · 07-10-2011, 07:01 PM

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

**dirtydog** · 07-10-2011, 07:08 PM

Originally Posted by klong toey

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.

**Loy Toy** · 07-10-2011, 07:11 PM

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.

**dirtydog** · 07-10-2011, 07:19 PM

Originally Posted by Loy Toy

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.

Thread: overstay

Thread Tools

Display

overstay

Thread Information

Users Browsing this Thread

Posting Permissions