606 replies to this topic
Posted 2010-09-24 06:41:38
THAI IMMIGRATION INTRODUCES JAIL TIME FOR OVERSTAYERS
VISA OVERSTAY: The Untold Story
Jail time for foreigners
Immigration Detention Center, Suan Phlu, Bangkok
-- File photo
BANGKOK (thaivisa.com): -- Allegedly tired of overstaying foreigners arriving at Suvarnabhumi airport with a valid air ticket and the maximum fine of 20,000 baht in their hands, the Immigration Department is now arresting and jailing people before permitting them to leave Thailand.
Anybody who has overstayed a valid visa in Thailand beyond a period of six weeks (42 days) is no longer permitted to simply turn up with the cash and an air ticket and leave the country after filling in a few forms and handing over the wedge.
For many years now it has been possible for people on long overstay to simply gather together the maximum fine under law of 20,000 baht, purchase an air ticket, travel to Suvarnabhumi and leave Thailand after completing a few formalities. With a change in the command at the top of the Immigration Department ladder this has now altered and anyone whose overstay is 42 days or longer is likely to be arrested.
People on overstay of less than three weeks (21 days) are still able to arrive at the airport with the correct amount of folding stuff, pay the fine due and leave Thailand.
The grey area is for those whose overstay falls in the period between three and six weeks; that is, between 22 and 41 days. They can potentially have a problem. It is being suggested anyone whose overstay falls into this time frame should be aware that it will be up to the Immigration officer and his superiors at an airport or land border crossing to decide whether to detain the recalcitrant foreigner or permit him, or her, to leave unhindered, after payment of the overstay fine has been levied.
As with many legal situations in Thailand involving foreigners and money, the rules tend to bend with the circumstances, and the mood of the relevant official or officials.
Nonetheless, it is being stated quite unequivocally that anyone on overstay exceeding 42 days (six weeks) will be arrested. They will then spend at the very least one or two days behind bars while waiting for the necessary paperwork to be processed. Most will eventually spend some time inspecting the stripy sunlight at the Immigration Detention Centre (IDC) in Bangkok.
CLEAR UP OVERSTAY IN BANGKOK
Thaivisa.com has been told it is better to clear up long overstay issues in Bangkok rather than in Phuket, Pattaya or elsewhere.
SEEK LEGAL ADVICE AND ASSISTANCE FROM YOUR EMBASSY
While embassy officers cannot circumvent or interfere in the process of Thai law they can advise overstayers on the best course of action and provide assistance for their nationals while in custody.
For full story see Edition 1 of Pattaya One out 1 October
SUMMARY OF CURRENT OVERSTAY REGULATIONS IN THAILAND:
Under the Immigration Act 2522 overstay is punishable by a jail term of 2 years and/or a fine of maximum 20,000 baht.
"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."
Immigration Act download: http://www.thaivisa....Act-EN.pdf.html
* Overstay 1 - 21 days: Pay a fine 500 Baht/day at Airport/land border
* Overstay 22 - 41 days: Pay a fine 500 Baht/day, possible arrest/detention, deportation, possible blacklisting
* Overstay 42 days or more: Pay a fine up to 20,000 Baht, arrest/detention, deportation, possible blacklisting
The Golden Rule: Never go overstay in Thailand, not even a single day!
Posted 2010-09-24 07:17:16
A welcome move. Let us just hope they stick with it.
now....lets wait for the "if it wasn't for me, Thailand would fall in a heap" replies.
Edited by samran, 2010-09-24 07:29:34.
Posted 2010-09-24 07:18:38
I think that 42 days is over the top before they stick you in the slammer, it should be more like 10 days without a very good reason.
Posted 2010-09-24 07:21:09
Oh well, never overstayed more than 2 days.
Maybe another cash cow for who get caught and don't want to do time? I don't know, I try to obey the rules as much as I can.
Posted 2010-09-24 07:21:12
Call me a cynic but it sounds like a nice little earner for someone.
Edited by keithcresswell, 2010-09-24 07:21:45.
Posted 2010-09-24 07:21:20
Oh finally a good news! i was so concerned about going out at night time (but even during the day for that matter), knowing that i might eventually came across one of the very feared "overstayers" , i can cope with almost any sort of issues or dangers, but having to deal with a man/woman which is not a "quality tourist" is already bad enough, leave alone someone which break this vital law! is just too much, nevermind the killers, scammers, abusers,cheaters,thiefs around us, the constant chronic break of safety standards and human rights, etc.., go and get the overstayers that's the real crime in this country, the main priority for the resolution of all major problems affecting the country for sure, thank you amazing Thailand!
Posted 2010-09-24 07:22:50
It's long past due that the authorities started putting more teeth into enforcement of immigration law. Hopefully they'll also find the manpower to start doing some extensive sweeps and passport checks and round them up by the bus load.
Posted 2010-09-24 07:23:49
no this is going to scare a lot of people. they vshould at least give a bit of grace like not start for a month so overstayers can leave
Posted 2010-09-24 07:26:59
A welcome move, indeed.
Posted 2010-09-24 07:27:49
What prime idiocy. The Immigration Police have their own very narrow mandate and a separate budget from the other branches of law enforcement in Thailand, it's not a zero sum game by any means. It's a shame so many people lack the intellectual rigor that would keep them from conflating such a hodgepodge of unrelated issues.
Posted 2010-09-24 07:28:12
Don't forget the ever popular "another nail in the coffin" or the "they don't really want us here" replies followed by tales of how wonderful it is in the Philippines or Cambodia.
On the bright side, maybe TV could open a new community forum: Incarcerated in Thailand.
Posted 2010-09-24 07:28:22
If they want to clear out the rubbish, introduce a 1 month amnesty after that anyone who overstays should be fair game.
Posted 2010-09-24 07:31:04
It will be interesting to see what happens to the next few long overstay farangs who attempt to exit the Kingdom.
Posted 2010-09-24 07:33:21
The question then becomes, how many weeks will they keep this up?
There is a better chance of them being pulled to the side to pay yet another fine, than actually going to jail.
Posted 2010-09-24 07:34:04
10 days? no way! that's not going to be fair, the death penalty is what is really needed, even for a 5 minutes delay, but i am confident they will introduce this soon as we are already moving in a coherent and right way, also a work permit for any action a foreigner got to take while here is another move for improvements, you lift an arm? that's work! you breathe? that's working! you are walking without a thai person making your legs move for you? you ale a climinal! you want to stay here? than get your paperworks (and money) sorted, there is a plane leaving every hour otherways
Posted 2010-09-24 07:34:12
Posted 2010-09-24 07:35:40
Some people working in bars have been on overstay for years and the local police turn a blind eye -- Money talks
Posted 2010-09-24 07:35:48
Just wait and see if it's enforced! I know a number of guys overstayed years now, surely common sense should prevail and an amnesty period introduced. But then again!
Posted 2010-09-24 07:37:11
There are people who overstay unintentionally. If they are sick or misunderstand the requirements of their visa for example. However, I can understand why Immigration has tightened the laws.
Posted 2010-09-24 07:38:38
what whould happen,when someone,short before the visa is runing out and the person have to go to hospital?
same then normal overstaying,or how then will be the diffrence in the visa law?
who have the be informed first?
when it should not posible after a acsident or whatevver-?
is a blacklist forever,or can also be removed,after a couple of years?
on internet i read some reports,that planing in the future,a visa for all countrys,like here in eu!
Posted 2010-09-24 07:39:22
Ah I see now they put "Teeth" in to the old saying "Money Talks"
Posted 2010-09-24 07:40:26
And in Europe Sarkozy gets slaughtered because he ordered the illegal Romas to be expelled
And Belgium is paying a fortune to lodge/feed the 20.000 asylum seekers until their case is decided.
Wished I could try to ask asylum in Thailand
Posted 2010-09-24 07:41:49
Why give an amnesty - if you overstay then you have broken the law. You do not do it accidentally you set out to do it so take the punishment. I am all for the law being applied fairly and firmly. A period in the slammer would at least go some way to making sure these people do not do it again but I think it should be a day for day punishment overstay 50 days then 50 days inside. Blacklisting is pointless as it only ensures that the passport does not return to the kingdom it does nothing to stop the person getting a new passport and re-entering under a new name etc etc.
As soon as Thailand does something positriver everyone thinks they do it for money - well I can asure you that most countries have strict immigration laws and they apply them - Thailand tolerates foreigners and we should never forget we are mere visitors in the kingdom and should act accordingly.
Put them in the slammer day for day.
Posted 2010-09-24 07:44:53
yes i am with you on this one, just tell them to show up and then when you have them all there "ah ahhh we got you now! the amnesty was a joke from the big chief and he won the bet too, do you think is easy to find manpower to refurbish the Hilton these days? out there they are not tolerating official slavery anymore, so we got to get around it somehow"
Posted 2010-09-24 07:44:57
as it stood, if you got caught or handed yourself in in Pattaya the judge will give you 10 days in jail or a 2000b fine, or 200b a day, after that you can go as soon as you have organised a ticket, and you dont have to pay the 20,000b fine, so its not a bad deal if you can handle the yaba smoke in the cells. its rumoured to be more expensive in Bangkok. But in either case its always been that if you do the jail or pay the court fine you dont have to pay the overstay and I imagine thats still how it is