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British Embassy Warns Of Detention For Overstayers Exceeding 42 Days

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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)

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

Anyone blacklisted...?

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

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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.

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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!

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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.

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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.

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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.

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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.

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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 ?

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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.

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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.

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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 !

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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.

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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

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BANGKOK 24 July 2017 05:59
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