multi-year overstays in Thailand

[catawampuscat]

I was in a conversation last week, where one USA citizen was very concerned about his long overstay and his inability to pay
the fines. He must return to the USA to see a dying relative and is very concerned about his ability to return to
Thailand when he wants to in a few weeks. He indicated that his overstay was over 2 years and maybe even
3 or more years.One farang suggested he slip out thru some jungle route and another suggested he claim his passport was lost/stolen
but I think he is in deep shit and may be barred from returning to Thailand for some period of time and that he must
pay the fine somehow.
Does anyone know what happens if you overstay by 2 or 3 years? Can you return to Thailand and if so how long must
you wait?
I know thaivisa.com is the place to go but I am not registered and don't want to start posting on another forum. I think I post enough and am sure there will be no argument about that.. thanks for any knowledgeable or humorous responses.. :cat:

I think your friend is in deep doody. This is exactly the reason the new visa restrictions were introduced. I would imagine he would be held in detention if he cannot pay his huge fines then deported and most likely to be black listed.

I was in a conversation last week, where one USA citizen was very concerned about his long overstay and his inability to pay the fines ------ and is very concerned about his ability to return to Thailand when he wants to in a few weeks. He indicated that his overstay was over 2 years and maybe even
3 or more years.----but I think he is in deep shit and may be barred from returning to Thailand for some period of time and that he must pay the fine somehow.

Although only my guess but based on what I have read about the fate of other long over-stayers, I would imagine that fines are the least of his worries! If he has over-stayed for that length of time I suspect that he is looking at jail time and whatever his penalty either way - fine or jail - he will almost certainly to be placed permanently on the persona non grata list thereafter.

They cap the fine at a certain point. A few tens of thousands of baht, but I can't remember exactly.

It was 200 baht\day, 20,000 maximum but, a/o 15 March, 2006 the fine went to 500 baht a day, maximum may be unchanged (?) found no reference to an increase.

Note very strong incentive NOT to get picked up anywhere but the border or airport without a valid visa and what to do. If you can not pay the fine you will automatically be sent to prison.

Re overstay:
http://www.talesofasia.com/thailand-overstay.htm

More, here re visas:
http://www.webster.ac.th/admissions/visa.htm

http://www.kochangvr.com/thailandvisas/ ... ailand.htm (http://www.kochangvr.com/thailandvisas/drugscustomsthailand.htm)

Yes, he should just get to the airport and pay the fine. He will probably get a very harsh lecture. Not sure if he will be blacklisted. Quite possibly.

Does anyone know what happens if you overstay by 2 or 3 years? Can you return to Thailand and if so how long must
you wait?


You friend has every chance of being a guest of the government at the Immigration Detention Facility in Bangkok which is a never to be forgotten experience ( if he survives it that is!)

Apart from the fine he would almost certainly be blacklisted and getting the restriction lifted is incredibly difficult.

Saying that he had lost his passport would not help as there will be a record of when he entered the Kingdom, so maybe you friend had better start making plans for life at the IDF.

[Smiles]

I agree that when he finally approaches the Thai immigration folks he will then find himself in a very big mess.

I'd be intrigued to know why on earth he let this happen to himself? Why would a farang in Thailand (or in any foreign country for that matter) blithely go on about their business thinking it "OK" to be in a country illegaly, and for such a long period of time? Unless he is of the criminal persuasion anyway, it hardly makes any sense.

Cheers ...

Let's not forget that we live in Amazing Thailand and, although I don't recommend it and please don't ask me for assistance, there are (shall we say "informal") ways of getting through the airport and to an international aircraft without passing through Immigration. There was a story a few years ago of a UK citizen who did just that and the only reason it got found out was that he decided to boast to one of the BA flight attendants after take-off. The stupidity of people never ceases to astound, amaze and amuse me. Given the fact that domestic passengers are separated from domestic ones in many places by only a single glass wall at Suvarnabhumi, you can bet that will be "porous" somewhere. Even though incoming and outgoing international passengers are allegedly segregated, that is a nonsense when you start looking (as a departing passenger) for the smoking rooms. They are on the Arrivals level and easily accessible via the open staircases

Doubtless your friend will want to take advantage of the alleged "US passport holders can have two checked bags anywhere in the world" policy suggested by another poster in another thread and want to use the check-in, so I'll repeat my earlier comment - the stupidity of people never ceases to astound, amaze and amuse me. But This Is Thailand and AYOR there are ways to get around every problem

Another alternative (again, please don't ask for assistance) is exit via the port of Phuket on a private vessel. Given that Pattaya is the organized crime capital of Thailand, he only has to ask around

He has no real good choice other than to check in to an international flight with the cash ready to pay the maximum fine (I also think it is 20K baht). I don't see any reason why this won't work. He almost definitely won't be sent to jail at that point. Much more likely, they will take his money, give him a very harsh talking to, mark something bad in his passport, and then stamp him on to his flight. Thats it. The question is whether he gets blacklisted, or not. Even that isn't definite.

He may want to contact the US Embassy and see what they recommend. Maybe having a lawyer and going to the immigration building might help but I doubt it. He should sell everything he has and start raising that money as he most likely will be unable to return.

God no, don't show up with a lawyer at immigration. You'd might as well put a sign around your neck that says "I'm stupid and have cash".

Just go to the airport with 20,000 baht, get your lecture and maybe a persona non grata stamp, and board your plane. Goodbye, and good riddance.

Totally pointless to approach the US embassy. Time to get out of Dodge ...

[Bob]

If he wanted to be able to return to Thailand, I think I'd take the option of getting out of Thailand secretlly, get home, get a new passport, and then hope that you don't have a problem when coming back to Thailand (what the hell, get a visa in your home country). If for some reason when you come back their computer system says you never checked out, just tell them
their computer system is nuts and show them your nice new passport.

Will it work? Hell if I know. But, presuming it was important for me to return to Thailand, that's what I would do.

Oh.....also slap yourself silly a 100 times or so for doing this in the first place. :cheers:

If it was me I would talk to a good Thai lawyer. I use A.C.E.S. Rachain Kluanklard is licensed to practice in Thailand and I believe France (not sure about the last). He owns the Balcony in North Pattaya.

This topic comes up from time to time on ThaiVisa.com.

If he just shows up at the airport for his flight, he will be charged the maximum B20,000 fine (it didn't increase when the daily fine did), probably receive a little lecture, and that's it. Overwhelming odds are that he will effortlessly receive a 30-day visa-waiver stamp on his next arrival, even within a week.

The dreaded "blacklist" is for more serious criminal activity like theft, murders, pedophilia, etc.

The risk that he has faced, and will face until the time he's standing at the immigrations office at the airport, is being stopped by the police (Immigrations police or "regular" police). Showing up at the airport, or at the border point, is like "surrendering". If you are "caught" -- THAT is when there is trouble: incarceration at the Immigrations prison, deportation, etc.

Try doing a forum search on ThaiVisa.com for "visa overstay" and see what turns up, or just peruse the forum thread titles. A while ago (six months ago?) there was a thread about a fellow on a FIVE YEAR overstay. No problem at the airport, just paid the fine and left. I think he later returned to Thailand with no problem, too, but I could be mixing up the scenarios.

If it was me I would talk to a good Thai lawyer. I use A.C.E.S. Rachain Kluanklard is licensed to practice in Thailand and I believe France (not sure about the last). He owns the Balcony in North Pattaya.
Silly idea. There is nothing anyone can do for him. Just get to the airport with the cash.

Agreed. There is nothing a lawyer can do for this guy except take more of his money.

[catawampuscat]

I was speaking recently with an elderly French friend who purchased a condo in one of the just constructed View Talays
just off the gay beach in Jomtien.
His contract assured him that nothing taller than six stories could be built and his high floor condo would not have its view blocked.

Well, this was one lawyer and one contract that wasn't worth anything as he is now enduring the pile drivers for the new sky hi massive VT condo which will have him viewing laundry drying on its terraces and destroying the value of his new condo.

I would skip the lawyers too and hopefully, if one has enough money they can buy their way out of this type of quagmire.
Of course, only the incredibly stupid and short-sighted would overstay for years, but there are always some who think
that the rules were not meant to include them... :cat:

Of course, only the incredibly stupid and short-sighted would overstay for years, but there are always some who think that the rules were not meant to include them.

I can understand a short term overstay - maybe a few days- but if this guy has over-stayed nearly three years he deserves all that he gets (a 20,000 Baht fine and/or a short stay in detention are far too good for him!). Having been in Thailand for that length of time he must surely know the Immigration rules. He is either incredibly naive or even more stupid and believes, as the Cat says, that the rules don't apply to him.

It is similar to the morons who turn up late at check-in for their flights and then create a scene and rumpus when they find they have been off-loaded and have to buy a new ticket if they wish to fly on the next flight out. There are also those who arrive late at the departure gate for boarding (probably because they have been sat in some lounge boozing), causing a whole plane load of people to hang around for them. The latter really get up my nose and the most annoying thing is they think it is incredibly funny and somehow macho to cause the delay to the flight departing!

[Lunchtime O'Booze]

"Be very careful who you tell"..

and NEVER mention it around Jomtien and especially to a certain former B & B leaseholder..biggest gossip merchant in town with a tendancy of using the information for his/her own ends !

It is very dangerous to put people in a force sense of unsafe security, all your saying bkk gwm is hearsay and not backed up with one bit of evidence.
It is odd how you react so negatively to my post when you posted very similar information yourself earlier in this thread:


If you take 20,000 baht with a ticket out of the country for that day to the airport, you will only have to pay 20,000 baht no Problem, but I have now heard that some Officers there are saying you can be black listed if not for ever may be temporally, but if you are every caught before you will be in hell its self, as Amnesty International say, the holding Jail for over stayers are the worst they have seen.
There are first-hand reports on ThaiVisa.com by people with visa overstays of various lengths who simply paid the fine at the airport and they were able to re-enter the Kingdom. I even recall a post by SunBelt Asia, the law firm sponsoring the forum, saying they had overstay clients simply pay the B20,000 fee and turn around and re-enter the Kingdom a short period later. Up2U to find the posts. :-)

Obviously if neither you nor I have done a multi-year visa overstay, our information is second-hand at best. I believe the readers of this forum are aware of that fact. I was amused at your implication that your hearsay is better than my hearsay.

Your last paragraph in your more recent post above, I believe refers to exceeding the limit of 90 days in a six-month period for entry on visa-waiver stamps (which are available to countries such as USA, Canada, UK, Australia, etc.) Being denied entry to the Kingdom for having used up your allocation of visa-free days, is a different issue than people already in Thailand and exceeding their permitted length of stay.

Agreed, his only option (unless he thinks he can sneek across a border, which would then put him in another country with no 'entry' stamp!) is to swallow the bullet, and turn up at the airport with a min of 20,000 Baht in his pocket. If as we think, he does get out he would then be advised to get a new passport which will not show his over stay stamp. Embassy's are reluctant to issue visa's if they see that one has over stayed for any considerable length of time.

If as we think, he does get out he would then be advised to get a new passport which will not show his over stay stamp. Embassy's are reluctant to issue visa's if they see that one has over stayed for any considerable length of time.

True that there will not be a visible entry in his new passport but when he applies for another visa either before or on entering the Kingdom there will be a record of his overstay on the immigration system as this is recorded on his departure.

[Geezer]

My Information comes from a friend who has a Senior position

... and I use a number of different positions

[Lunchtime O'Booze]

in a country where the rule of law is admininstered in direct proportion to your bank balance and where corruption is only exceeeded by Indonesia--a visa overstayer is hardly the most criminal act.