In the Visa Dossier 2015 we already reported that new measures were coming for foreigners with an overstay (Visa-Thailand-full version.pdf) page 29. These new measures were issued on July 22, 2014, and are now also effective as of March 2016. 

In some immigration offices, foreigners who apply for a (year) extension already have to sign a note (for acknowledgment) regarding these new overstay measures (see also note in appendix).

The new measures mean that these offenders will be blacklisted with the following sanctions. In the event that a foreigner turns himself in, the following sanctions will apply:

  • Overstay of more than 90 days: no entry to Thailand for the period of 1 year.
  • Overstay of more than 1 year: no entry to Thailand for the period of 3 years.
  • Overstay of more than 3 year: no entry to Thailand for the period of 5 years.
  • Overstay of more than 5 year: no entry to Thailand for the period of 10 years.

(Under 90 days nothing is mentioned so I assume the current sanctions are kept).

In the event that a foreigner does not report himself and is arrested:

  • Overstay of less than 1 year: no entry to Thailand for the period of 5 years.
  • Overstay of more than 1 year: no entry to Thailand for the period of 10 years.

Maj Gen Natthorn Prosunthorn says that with the latter group it will depend on the length of the overstay, but on the relevant note that foreigners obtain at the Immigration Office it is stated as shown above.

Source – The Nation www.nationmultimedia.com/breakingnews/Overstay-blacklisting-starts-in-March-30274578.html

18 responses to “Thailand visa: New overstay measures effective from March 2016”

  1. RonnyLatPhrao says up

    Follow up

  2. Jose says up

    With a 2 month visa do I have to report to immigration after a month?
    And what do I pay at the airport if I have a few days overstay!

    • epic says up

      Ronny: What I heard that 1 day no problem but not sure
      and more than 1 day 500THB per day.

      • RonnyLatPhrao says up

        Dear Epie,

        1 day is not charged at the airport.
        Mainly has to do with the departure times of planes and that travelers sometimes want to miscalculate there.
        They have solved this simply by not charging 1 day overstay and usually those people are already at the airport anyway.
        However, if you arrive at a border crossing over land, you may have to pay. Also depends on the attitude of the immigration officer.
        2 days overstay is normally 1000 Baht. That first day is not waived if you overstay more than 1 day, but that will also be up to the immigration officer.

        As far as the 500 Baht is concerned, see my response to Jose.
        “If the overstay is less than 90 days and you report yourself, the fine will usually be limited to 500 Baht per day of overstay with a maximum of 20 Baht, or an alternative prison sentence if you cannot pay. You will then remain in prison until you can pay”.

        But same advice to close.
        Make sure you don't have an overstay. It's really not that difficult.

    • RonnyLatPhrao says up

      Dear Jose,

      Surely there is no reason why you should report to immigration after one month if you have a “2 month visa”. I assume you mean a "Tourist visa" because I don't know anything else of 2 months (60 days)..
      You still have a residence period of 60 days, so why would you walk to immigration after a month.
      I don't understand where some things come from.
      Where is it written that you think this?
      Can you send the link?

      You should never have "overstay". You are always in violation, and no matter what others say, it is not allowed.

      If it concerns less than 90 days of overstay and you report yourself, the fine will usually be limited to 500 Baht per day of overstay with a maximum of 20 Baht, or an alternative prison sentence if you cannot pay. You will then remain in prison until you can pay.

      If anyone would think that this is not too bad and cheaper than applying for a visa or extension, then it is to be hoped that you will not be stopped or that you will not encounter an accident.
      Otherwise, the new sanctions are not bad if you are stopped.
      It might not be that fast for a few days, but who knows, it's a new measure and maybe they want to set some examples

      “In the event that a foreigner does not report himself, and is arrested:
      Overstay of less than 1 year: no entry to Thailand for the period of 5 years.
      Overstay of more than 1 year: no entry to Thailand for the period of 10 years.”

      There is only one good advice. Make sure you don't have an overstay. It's really not that difficult.

    • R Stamp says up

      Hi Jose
      With a 2 month visa you don't have to report, just serve the 60 days then go home..
      An overstay costs 500 baht per day, you can pay after passport control with departure.

  3. epic says up

    I already know that I'm one day short, I'm leaving on the 28th of Feb. and my stamp shows the 27th
    now i know that one day was not a problem? does anyone know anything about this?
    I mean do I have to report / indicate or assume that they have calculated for one day what will happen what I heard around me.

    • RonnyLatPhrao says up

      Epie,

      See my previous response to you.

  4. Fred Jansen says up

    How welcome are we ?? Sanctions bear no relation to the “crime”.

    • willem says up

      In 2014, the following bill was submitted to the Senate in the Netherlands. This law just didn't make it, but you can also see that the Netherlands had planned hefty penalties for illegal residence.

      ” illegal residence an offense punishable by imprisonment not exceeding 4 months or a fine of the second category, not exceeding € 3900. ”

      Then 20.000 baht is only a pittance. You certainly don't want to be in a Thai prison. Doesn't seem sensible/healthy to me.

      So just don't risk overstay.

  5. john sweet says up

    keep in mind that this year is a leap year and Feb 29th. is an extra day.

  6. John says up

    I entered Thailand on a non-immigrant visa for three months on November 20 this year.
    So can I stay until February 17, 2016, whatever I plan to do, but!!! that donkey from immigration put a stamp in my pass for one month, so until December 19 this year.
    Because I was in a hurry to catch the bus, I (also a donkey of course, before you say it) did not check my pass and left for Pattaya.
    The day after on Saturday I check my pass and see what happened, because I know that if you go to the immigration here in Pattaya, nothing will be done before you pay 1900 Bath, I will be back to the airport on Sunday November 22 drove the bus and told my story to two immigration officers, the only thing I got there is the following explanation: NO PROBLEM SIR YOU CAN STAY TILL 17 FEBRUARY EVERYTHING OKAY.
    When asked if they still want to change that stamp, the answer was: NO NEED TO CHANGE, YOU COME TO BANGKOK FOR NOTHING.
    So I return to Pattaya without success, but what if I fly back to Belgium on February 17, I'm not really sure.
    My friend Ronny M. what do you think about that??

    • RonnyLatPhrao says up

      john,

      What do I think about that?
      – Haste and haste is rarely good?
      – An informed man is worth two?
      – …..
      We regularly inform you to check the “Arrival” stamp on arrival for the correct length of stay, and it is also mentioned several times in the Dossier.
      Anyway …. that's just the way it is and it happened.
      Unfortunately, it won't be the last time someone is saddled with this error.

      Normally such errors should be corrected free of charge at your local immigration office.
      Assuming that you will have to pay 1900 Baht before they do anything is premature and a biased attitude. You didn't even come by.
      Instead of traveling all the way to Bangkok, you could have just gone to Jomtien first and heard what people there say about the problem instead of having your own conclusion ready.
      If you went to the airport anyway, you could have also gone to Bangkok Immigration 1. That is the main desk, and they even have a desk there specifically for correcting such mistakes. You shouldn't ask how many times this happens that a separate counter is opened for it.

      You're not the first to do this. Agreed, it shouldn't happen and it would bother me too.
      With an answer of, it's “ok, no problem, you can stay…. ” you can't do much, but it also shows that they encounter it regularly and don't attach too much importance to it. It is quite possible that only the stamp in your passport is wrong because he made a mistake in the stamp (which usually happens), but that the date is correct in the system. Of course we don't know that.
      Should you now fear an overstay fine? No, I don't think so, because you can prove that you have a visa and also when you entered (it is also stated in your stamp and keeping your boarding card is always a good idea as additional proof).
      I would put in the time and get it corrected.
      Why didn't the immigration officers at the airport do that? Don't know. Maybe their shift was over or almost and she wanted to get rid of you?

      On this link you can read a recent example of someone who also had such a problem (he didn't get a date at all, but that doesn't really matter)
      http://www.thaivisa.com/forum/topic/859038-problem-with-stamp-date-at-suvarnabhumi/

      As you can read, most of them (they really have a lot of experience with immigration problems) say that the correction is free and can be done in your local immigration office.
      Nobody says that you will have to pay 1900 Baht, not even in Jomtien.
      The questioner then claims that he eventually had to pay 500 Baht in Bangkok to adjust it, but as often in such cases it is not always clear whether he had to pay or offered to do so.

      Let us know how it went.
      Succes

    • Jan says up

      You wrote: I entered Thailand on a “non immigrant o” three month visa on November 20th this year.
      So can I stay until February 17, 2016, whatever I plan to do, but!!! that donkey from immigration put a stamp in my pass for one month, so until December 19 this year.

      Happened to me: I entered Thailand with a “non immigrant o” visa for three months, on November 16 this year.
      So can I stay until February 13, 2016, whatever I plan to do, but!!! the same or another immigration officer has stamped my passport for two months, so until JAN 14, 2016.

      I noticed it because I was paying attention, but he was already working on the next one. Waited nicely and explained my problem. He then started tampering with a pen; Behind visa class there is now something filled in that ends in -o, then 14 JAN 2016 has been crossed out in various ways and added below the stamp: 13 FEB 2016 Q. It is as if a child has been messing around and I also hope that it is won't cause any problems on my return trip. But I assume that because my Visa is very clear about this.

      • RonnyLatPhrao says up

        Jan,

        That is indeed messy work. Normally one crosses it out and simply puts a new stamp. At least that is possible at the airport.
        This may not happen to John because the “Arrival Stamp” states where one entered Thailand. There the adjustment may be done manually or a correction stamp may be applied. No idea.

        But I don't think you should expect any problems around that.
        Upon closer inspection, it will be seen that you had a valid visa and that it allows a stay of 90 days.

        It shouldn't happen, of course, but yes.
        It's hard to justify, but that's line work there, day in and day out, and people quickly get into a routine and mistakes are quickly made. This is the case in every company when employees start working on a routine basis.

        By the way, it is correct that “O” is stated behind Visa class. It is simply an “O” visa.
        The "V" after the new date probably means that it has been adjusted.
        Probably from “Verified” in the sense of “check or regulate”

  7. theos says up

    Overstay has always been a violation and is classed as a “crime”. I was in Penang in the late 70s and was initially refused a visa due to 2x overstays of 10 days. Because I was married I still got this visa with the warning that this was the last time, “no more overstay” Also never done again. Look at the year, late 1970.

  8. John says up

    Ronnie,
    I don't just assume that people ask 1900 Bath in Jomtien to correct their own mistake, because this is indeed the case.
    I was there two years ago with a friend in the same case, he paid 1900 baht (seen and heard with my own eyes), and that is why I immediately drove back to the airport.
    Will take your advice and go to Jomtien on Monday and let you know how it went, but I will not pay for their own mistake.

    John

    • RonnyLatPhrao says up

      You certainly don't have to pay 1900 baht. There is no price for correcting your own mistakes.
      1900 Baht is the cost for any renewal. and this is not an extension.
      Still wish you success.


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