Archived

This topic is now archived and is closed to further replies.

george

British Embassy Warns Of Detention For Overstayers Exceeding 42 Days

154 posts in this topic

British Embassy Warns of Detention for Overstayers exceeding 42 days

Pattaya One overstay story vindicated

BANGKOK: -- The British Embassy in Bangkok have posted updated information on their website warning tourists and expatriates who overstay their permitted stay longer than 42 days that they face the risk of imprisonment.

Still current at 2 October 2010 under the heading “Help for British Nationals”, in the section sub-headed “Entry Requirements”, the Embassy advice to British nationals is clear:

“If you stay in Thailand for longer than the time authorised on your arrival, and you do not have an extension of stay or a valid visa, then this is an offence under Thai Immigration law. You will be fined 500 baht per day for every day you overstay, excluding the first day, up to a maximum of 20,000 baht.

Any foreigner found by the authorities to have overstayed their visa is also at risk of being held in detention, fined and deported at their own expense. The Thai authorities have stated they will always enforce detention of overstays for more than 42 days.

They may also be black-listed from re-entering Thailand.”

Source: http://ukinthailand.fco.gov.uk/en/help-for-british-nationals/travel-advice?ta=entryRequirements&pg=4

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."

This is not a new law or regulation; it has been in effect as part of the Immigration Act 1979 and is merely an enforcement of existing Immigration law.

The Royal Thai Immigration Bureau on October 1, 2010 appointed a new Immigration Commissioner. It is widely expected that enforcement of immigration rules and regulations will be carried out more rigorously under the new incumbent.

tvn.png

-- 2010-10-02

Related articles:

2010-09-24: Thai Immigration Introduces Jail Time For Overstayers

2010-10-01: Overstay! Pattaya One Strongly Stands By Immigration Story

2010-10-01: Visa overstay – the untold story (PDF Download)

1 person likes this

Share this post


Link to post
Share on other sites

So anyone heard of any arrests of foreigners that showed up with 20k and a ticket at the airport?

Anyone blacklisted...?

Share this post


Link to post
Share on other sites

I'll believe it when they start imprisoning people that show up at immigration with valid tickets, fine money, and have no criminal records

Share this post


Link to post
Share on other sites

It the same old law. I remember several years ago, a visa run bus from Phuket to Ranong was stopped and anyone with an expired visa in their passport was arrested and shipped to BKK. They were released eventually. And the arresting officers got a good tongue lashing by the brass in BKK.

Share this post


Link to post
Share on other sites

So anyone heard of any arrests of foreigners that showed up with 20k and a ticket at the airport?

Anyone blacklisted...?

I paid the 20K as I was 9 months over but they let me stay in the country and accepted my application for a new non immigrant O without me having to leave the country. I'm by no means rich but earn more than 40000B a month so my visa was reissued. They're not all bad!

Share this post


Link to post
Share on other sites

So anyone heard of any arrests of foreigners that showed up with 20k and a ticket at the airport?

Anyone blacklisted...?

I paid the 20K as I was 9 months over but they let me stay in the country and accepted my application for a new non immigrant O without me having to leave the country. I'm by no means rich but earn more than 40000B a month so my visa was reissued. They're not all bad!

It all depends on what kind of Visa you where on and if it could reasonable be a cause of misunderstanding on your side and not malice intent.

Someone that comes on visa exempt and stay for 3 years clearly isn't in a confused state about the rules - he just ignores them.

Share this post


Link to post
Share on other sites

So anyone heard of any arrests of foreigners that showed up with 20k and a ticket at the airport?

Anyone blacklisted...?

Well, three years ago August 6th, I was 1087 days overstay. I went to the airport with my Filipino GF and our 3 year old son. I had my 20,000 baht in and ticket in hand. The ticket counter gave me all kinds of problems. They would not check me in until I cleared immigration. I went to the immigration desk (near the passport control/terminal entrance). They asked for my boarding pass. I told them that the ticket counter would not check me in until I cleared immigration. The immigration officer then proceeded to fill out some papers, I signed, they took my picture, I paid the fine, they stamped my passport, and off I went to get my boarding pass. No problems.

I went to Vietnam. I stayed there for about two months. I came back to Thailand by bus from Phnom Phen. I checked in at the Aranyapathet immigration checkpoint. They let me in with no problems. I have gone through several immigration checkpoints with zero problems even with the overstay stamp in my passport. By the way, they wrote the number of days I overstayed in my passport. So all immigration officers were able to my prior misdeed.

Granted this was three years ago.

Dudeinthailand

Edit: I had a 30-day visa from the Aranyapathet immigration check-point that I overstayed. I received the same when I returned. I have since had a 15 day stamp, several tourist visas, and an education visa.

Share this post


Link to post
Share on other sites

People that choose to overstay their visa's should face the consequences of their actions, and flagrant disregard of another countrys law. So an overstay of 42 days, which is more than most people's trips might lead to detention, deportation, black-listing does not sound unreasonable.

1 person likes this

Share this post


Link to post
Share on other sites

So anyone heard of any arrests of foreigners that showed up with 20k and a ticket at the airport?

Anyone blacklisted...?

I paid the 20K as I was 9 months over but they let me stay in the country and accepted my application for a new non immigrant O without me having to leave the country. I'm by no means rich but earn more than 40000B a month so my visa was reissued. They're not all bad!

Shamefull. 9 months over your stay and just laughing at the face of the law, Hopefully this new law will put a stop to this.

1 person likes this

Share this post


Link to post
Share on other sites

So anyone heard of any arrests of foreigners that showed up with 20k and a ticket at the airport?

Anyone blacklisted...?

Well, three years ago August 6th, I was 1087 days overstay. I went to the airport with my Filipino GF and our 3 year old son. I had my 20,000 baht in and ticket in hand. The ticket counter gave me all kinds of problems. They would not check me in until I cleared immigration. I went to the immigration desk (near the passport control/terminal entrance). They asked for my boarding pass. I told them that the ticket counter would not check me in until I cleared immigration. The immigration officer then proceeded to fill out some papers, I signed, they took my picture, I paid the fine, they stamped my passport, and off I went to get my boarding pass. No problems.

I went to Vietnam. I stayed there for about two months. I came back to Thailand by bus from Phnom Phen. I checked in at the Aranyapathet immigration checkpoint. They let me in with no problems. I have gone through several immigration checkpoints with zero problems even with the overstay stamp in my passport. By the way, they wrote the number of days I overstayed in my passport. So all immigration officers were able to my prior misdeed.

Granted this was three years ago.

Dudeinthailand

Edit: I had a 30-day visa from the Aranyapathet immigration check-point that I overstayed. I received the same when I returned. I have since had a 15 day stamp, several tourist visas, and an education visa.

1087 days overstay ? No wonder they bought in this law. Shocking that you can get away with ignoring the law for so long and you seem proud of it. I guess if I rob someone and don't get caught for 45 days I should also get away with it ?

Share this post


Link to post
Share on other sites

People that choose to overstay their visa's should face the consequences of their actions, and flagrant disregard of another countrys law. So an overstay of 42 days, which is more than most people's trips might lead to detention, deportation, black-listing does not sound unreasonable.

I totally agree, What are these people thinking that they can come to Thailand and just laugh at the law, Shamefull.

2 people like this

Share this post


Link to post
Share on other sites

It the same old law...

Precisely. And the relevant section of the law is quoted in the OP:

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.

From all accounts we have seen, foreigners overstaying for any length of time have in the past been allowed to leave the country through the airport or land border checkpoint by paying only the fine, but the OP suggests that the new commissioner who took office on October 1 of this year has set his mind on getting tougher and have people overstaying more than 42 days arrested, detained and sent to court. The decision to arrest and detain is at the discretion of immigration; if arrested, the amount of the subsequent fine and/or the period of imprisonment is at the discretion of the court. That's how it works. No law needs to be changed to enable immigration headquarters to issue instructions to immigration officers to arrest foreigners who have overstayed longer than a certain period.

The law was published in the Government Gazette and an English translation of it is here. The enforcement rules have not been published, nor does the law require publication, but this does not mean that a spokesman of immigration headquarters is forbidden to talk to the press or other interested people about it if the immigration commissioner or his representative considers it fit do do so.

Share this post


Link to post
Share on other sites

I just don't get it. There is a HUGE stamp in your passport which tells you when you came here and when you must leave.

If you don't do that, then you are breaking the law and a criminal ?

Why would people brag about how long they have "got away with it" ?

You would not do that in the UK but it's fine to do that here in Thailand ?

Great people !!!!!! Not !

Share this post


Link to post
Share on other sites

So anyone heard of any arrests of foreigners that showed up with 20k and a ticket at the airport?

Anyone blacklisted...?

Well, three years ago August 6th, I was 1087 days overstay. I went to the airport with my Filipino GF and our 3 year old son. I had my 20,000 baht in and ticket in hand. The ticket counter gave me all kinds of problems. They would not check me in until I cleared immigration. I went to the immigration desk (near the passport control/terminal entrance). They asked for my boarding pass. I told them that the ticket counter would not check me in until I cleared immigration. The immigration officer then proceeded to fill out some papers, I signed, they took my picture, I paid the fine, they stamped my passport, and off I went to get my boarding pass. No problems.

I went to Vietnam. I stayed there for about two months. I came back to Thailand by bus from Phnom Phen. I checked in at the Aranyapathet immigration checkpoint. They let me in with no problems. I have gone through several immigration checkpoints with zero problems even with the overstay stamp in my passport. By the way, they wrote the number of days I overstayed in my passport. So all immigration officers were able to my prior misdeed.

Granted this was three years ago.

Dudeinthailand

Edit: I had a 30-day visa from the Aranyapathet immigration check-point that I overstayed. I received the same when I returned. I have since had a 15 day stamp, several tourist visas, and an education visa.

1087 days overstay ? No wonder they bought in this law. Shocking that you can get away with ignoring the law for so long and you seem proud of it. I guess if I rob someone and don't get caught for 45 days I should also get away with it ?

I am not proud of my overstay. I made some poor decisions. I researched the ramifications of overstaying and decided that at the time it was the best option available to me. I am extremely embarrassed of my action and wish that it had never happened. I would have accepted any punishment that Thailand chose to give me. I am thankful that they showed leniency towards my situation. I would not advise anyone to overstay nor would I choose to overstay again.

By the way, I did not "get away with ignoring the law," I had to pay a 20,000 baht fine. At the time, Thailand believed that was the proper punishment. I was punished for my actions. Maybe I was not punished as harshly as you would have liked, but I was punished.

Share this post


Link to post
Share on other sites

the day 5,000 family members come in here flooding with 'freakouts' about their loved ones detention is the day I'll believe it. Speeding is illegal here too, but how often do ppl get popped for that and furthermore how often does 200bht not take care of it? TiT

Share this post


Link to post
Share on other sites

the day 5,000 family members come in here flooding with 'freakouts' about their loved ones detention is the day I'll believe it. Speeding is illegal here too, but how often do ppl get popped for that and furthermore how often does 200bht not take care of it? TiT

If you are happy to "bribe" the Police and allow them of the option to accept that bribe, then you are at fault.

I don't know what country you "used" to live in but I'm sure you would not of considered being proud to feed corruption there as it may have ended up sending you to jail for attempting to bribe an officer of the law ! Don't try to be clever.

1 person likes this

Share this post


Link to post
Share on other sites

People that choose to overstay their visa's should face the consequences of their actions, and flagrant disregard of another countrys law. So an overstay of 42 days, which is more than most people's trips might lead to detention, deportation, black-listing does not sound unreasonable.

I totally agree, What are these people thinking that they can come to Thailand and just laugh at the law, Shamefull.

what were they thinking you ask? The same things that humans have thought since the start of our history.

It is a basic human instinct to travel, move, relocate and seek a better life. No government can ever quash that instinct. No law can redefine what makes us humans. This instinct caused the spread of humans all over the far corners of the earth, do you really think it will just disappear from our souls because an institution passes a law?

Personally I have never broken an immigration law, I am not even saying that overstaying is the right thing to do, but it is easy for me to understand the motivation. Jumping through bureaucratic hoops to pursue life gets boring quick, and beyond that it can sometimes completely prevent you from staying in the place you have made your home.

The freedom of movement has a much longer history than any immigration law.

1 person likes this

Share this post


Link to post
Share on other sites

So anyone heard of any arrests of foreigners that showed up with 20k and a ticket at the airport?

Anyone blacklisted...?

Well, three years ago August 6th, I was 1087 days overstay. I went to the airport with my Filipino GF and our 3 year old son. I had my 20,000 baht in and ticket in hand. The ticket counter gave me all kinds of problems. They would not check me in until I cleared immigration. I went to the immigration desk (near the passport control/terminal entrance). They asked for my boarding pass. I told them that the ticket counter would not check me in until I cleared immigration. The immigration officer then proceeded to fill out some papers, I signed, they took my picture, I paid the fine, they stamped my passport, and off I went to get my boarding pass. No problems.

I went to Vietnam. I stayed there for about two months. I came back to Thailand by bus from Phnom Phen. I checked in at the Aranyapathet immigration checkpoint. They let me in with no problems. I have gone through several immigration checkpoints with zero problems even with the overstay stamp in my passport. By the way, they wrote the number of days I overstayed in my passport. So all immigration officers were able to my prior misdeed.

Granted this was three years ago.

Dudeinthailand

Edit: I had a 30-day visa from the Aranyapathet immigration check-point that I overstayed. I received the same when I returned. I have since had a 15 day stamp, several tourist visas, and an education visa.

1087 days overstay ? No wonder they bought in this law. Shocking that you can get away with ignoring the law for so long and you seem proud of it. I guess if I rob someone and don't get caught for 45 days I should also get away with it ?

I find it interesting that you are comparing a non-violent immigration violation to a violent act of robbery. In my book it is not even close. Also, the policy in effect at the time of my overstay was followed by the airport immigration officers. I agree illegal immigration and immigration violations should be dealt with. I also believe that some people that overstay are good people and have their own reasons for overstaying. Does it make an overstay okay? No. The individual should be punished according to the current policy. Putting them in jail for an extended period of time or treating them the same as a violent criminal is not what an intellectual society accepts as justice. It is over-reactionary and an emotional punishment.

The law is the law, Why would you think that "just because you got away with it" is OK ?

If you decide to live in adifferent country then you also agree to abide to live by the laws in that country. If you have a 30 / 60 / 90 day stamp, then thats how long you are legally given to live in the country. Who are you to decide that that is a joke and stay beyond that ?

I just don't get your point ? It's ok to break the law if your a or b but not c ?

What kind of world do you live in ?

Share this post


Link to post
Share on other sites

People that choose to overstay their visa's should face the consequences of their actions, and flagrant disregard of another countrys law. So an overstay of 42 days, which is more than most people's trips might lead to detention, deportation, black-listing does not sound unreasonable.

I totally agree, What are these people thinking that they can come to Thailand and just laugh at the law, Shamefull.

what were they thinking you ask? The same things that humans have thought since the start of our history.

It is a basic human instinct to travel, move, relocate and seek a better life. No government can ever quash that instinct. No law can redefine what makes us humans. This instinct caused the spread of humans all over the far corners of the earth, do you really think it will just disappear from our souls because an institution passes a law?

Personally I have never broken an immigration law, I am not even saying that overstaying is the right thing to do, but it is easy for me to understand the motivation. Jumping through bureaucratic hoops to pursue life gets boring quick, and beyond that it can sometimes completely prevent you from staying in the place you have made your home.

The freedom of movement has a much longer history than any immigration law.

Nice thought but we live in the real world, Not La La land mate !

1 person likes this

Share this post


Link to post
Share on other sites

People that choose to overstay their visa's should face the consequences of their actions, and flagrant disregard of another countrys law. So an overstay of 42 days, which is more than most people's trips might lead to detention, deportation, black-listing does not sound unreasonable.

I totally agree, What are these people thinking that they can come to Thailand and just laugh at the law, Shamefull.

Indeed. Next they need to start rounding up all the foreigners in Nana and Walking Street that are breaking the prostitution laws. What are these people thinking that they can come to Thailand and just laugh at the law, shameful.

Share this post


Link to post
Share on other sites

EmptyMind: You said that I wrote: "just because you got away with it" is OK ?

That is not what I said. I will include the original post so you cannot manipulate what I said:

I am not proud of my overstay. I made some poor decisions. I researched the ramifications of overstaying and decided that at the time it was the best option available to me. I am extremely embarrassed of my action and wish that it had never happened. I would have accepted any punishment that Thailand chose to give me. I am thankful that they showed leniency towards my situation. I would not advise anyone to overstay nor would I choose to overstay again.

By the way, I did not "get away with ignoring the law," I had to pay a 20,000 baht fine. At the time, Thailand believed that was the proper punishment. I was punished for my actions. Maybe I was not punished as harshly as you would have liked, but I was punished.

Please quote me correctly. Thank you.

Share this post


Link to post
Share on other sites

This is not a new law, it’s been around for years.

Most of the time the immigration officers have been more than pleased with the 20K Baht fine and have not pushed the issue further.

However it has always been to their discretion, and since it’s getting a lot of publicity now, don’t push the limits.

Share this post


Link to post
Share on other sites

Real consequences would be blackballing the person for a 3 or 5 year (or maybe longer) period of time from returning to Thailand. Does not make sense to prevent an overstay from leaving but from returning - get rid of the deadwood. Now if you catch them way overstaying as a result of on interaction with law enforcement and this is discovered (not by immigration sweeps to pocket baht) then this is the grey area where LE and immigration have to figure out and standardized (good luck with this in Thailand) a relatively equal and fair consequences.

Bottom line for me is play by the rules = no worries.

Share this post


Link to post
Share on other sites

Quote from the ThaiVisa news email

British Embassy warns of detention for overstayers exceeding 42 days

Pattaya One overstay story vindicated

Full story:

How does this vindicate the Pataya One story when they (the embassy) have just copied existing text?

When Pataya One sends a journalist to the airport and report an overstayer being arrested even though he has the fine money and no criminal record THEN and ONLY THEN can they claim vindication!

2 people like this

Share this post


Link to post
Share on other sites

  • Recently Browsing   0 members

    No registered users viewing this page.

BANGKOK 25 March 2017 14:41
Sponsors
  • Popular Now