Dear Ronnie,
My name is Johan living in Thailand for 13 years. I think I have an overstay problem. Need help. Can you help me forward? Need someone reliable and knowledgeable who can advise me what to do.
Don't know what to expect now.
Yours faithfully,
Johan
Dear Johan,
I can only tell you what to expect. It depends on how your “overstay” is viewed by immigration, how long it is and whether there are other issues involved. No one can give a standard solution of what will happen. Just what the possible consequences could be.
Thai law says about “Overstay”: “Any foreigner with “Overstay” can be punished with imprisonment up to 2 years, a fine of up to 20.000 Baht, or both.”
In practice, it actually means that if you have an “Overstay” of less than 90 days and you turn yourself in, you will be fined 500 Baht per day, with a maximum of 20 Baht. (At the airport, an “Overstay” of less than a day will normally not be charged)
A prison sentence will be self-declared and rarely imposed under 90 days. It will usually remain with the financial penalty. You will probably also have to leave the country. Usually required through an airport.
Sanctions were added on March 20, 2016, ie the 20 Baht will always remain and the risk of a prison sentence will remain, but additional sanctions can be imposed.
In case a foreigner turns himself in:
- 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.
In the event that a foreigner does not report himself and is arrested:
- Overstay 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.
As for the prison sentence. Prison sentences are rarely handed down for “Overstay”. At least, I rarely hear it, but of course it is possible. Usually it will be an expulsion. However, that does not mean that you cannot be taken into custody until you leave. That can take a long time if someone first has to find the financial options to pay for a ticket and/or fine. But that in itself is not a prison sentence. Of course it is possible that eventually a prison sentence will follow if one cannot pay, but that will be decided by a judge.
If you are of course arrested with “Overstay” and other matters such as a traffic accident, crime, illegal work, etc.. then it may of course be a completely different story.
Regards,
RonnyLatYa