Thai immigration introduces jail time for overstayers

[Dave The Dude]

VISA OVERSTAY: The Untold Story
Jail time for foreigners

Immigration Detention Center, Suan Phlu, Bangkok
-- File photo

BANGKOK (thaivisa.com): -- Allegedly tired of overstaying foreigners arriving at Suvarnabhumi airport with a valid air ticket and the maximum fine of 20,000 baht in their hands, the Immigration Department is now arresting and jailing people before permitting them to leave Thailand.

Anybody who has overstayed a valid visa in Thailand beyond a period of six weeks (42 days) is no longer permitted to simply turn up with the cash and an air ticket and leave the country after filling in a few forms and handing over the wedge.

For many years now it has been possible for people on long overstay to simply gather together the maximum fine under law of 20,000 baht, purchase an air ticket, travel to Suvarnabhumi and leave Thailand after completing a few formalities. With a change in the command at the top of the Immigration Department ladder this has now altered and anyone whose overstay is 42 days or longer is likely to be arrested.

People on overstay of less than three weeks (21 days) are still able to arrive at the airport with the correct amount of folding stuff, pay the fine due and leave Thailand.

The grey area is for those whose overstay falls in the period between three and six weeks; that is, between 22 and 41 days. They can potentially have a problem. It is being suggested anyone whose overstay falls into this time frame should be aware that it will be up to the Immigration officer and his superiors at an airport or land border crossing to decide whether to detain the recalcitrant foreigner or permit him, or her, to leave unhindered, after payment of the overstay fine has been levied.

As with many legal situations in Thailand involving foreigners and money, the rules tend to bend with the circumstances, and the mood of the relevant official or officials.

Nonetheless, it is being stated quite unequivocally that anyone on overstay exceeding 42 days (six weeks) will be arrested. They will then spend at the very least one or two days behind bars while waiting for the necessary paperwork to be processed. Most will eventually spend some time inspecting the stripy sunlight at the Immigration Detention Centre (IDC) in Bangkok.

CLEAR UP OVERSTAY IN BANGKOK

Thaivisa.com has been told it is better to clear up long overstay issues in Bangkok rather than in Phuket, Pattaya or elsewhere.

SEEK LEGAL ADVICE AND ASSISTANCE FROM YOUR EMBASSY

While embassy officers cannot circumvent or interfere in the process of Thai law they can advise overstayers on the best course of action and provide assistance for their nationals while in custody.

For full story see Edition 1 of Pattaya One out 1 October

-- 2010-09-24
_________________________________________________________________________

SUMMARY OF CURRENT OVERSTAY REGULATIONS IN THAILAND:

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."

Immigration Act download: http://www.thaivisa....Act-EN.pdf.html

* Overstay 1 - 21 days: Pay a fine 500 Baht/day at Airport/land border
* Overstay 22 - 41 days: Pay a fine 500 Baht/day, possible arrest/detention, deportation, possible blacklisting
* Overstay 42 days or more: Pay a fine up to 20,000 Baht, arrest/detention, deportation, possible blacklisting
________________________________________________________________________

The Golden Rule: Never go overstay in Thailand, not even a single day!

 

[Baz]

We tell our overstayers in the UK to report to their nearest police station once a week..........and then they are never seen again, they travel to another town and carry on living in England, getting benefits and whatever else they can fiddle. :NoNo3:

 

[Dave The Dude]

Thats why I have stopped posting stuff about the UK or watching the 'Customs' type programs.

It just winds you up and everything is pointless IMO

 

[billp]

The reason for the arrests is that they are so desperate for tourists , they are stopping you from leaving !!:LMAO1::LMAO1::LMAO1:

 

[thongdee]

after the rumor .....No change in visa rules

Friday, September 24, 2010

Phuket Immigration: No change in visa overstay rules


The detention center at Phuket Immigration Headquarters. Visiting hours: noon to 1pm. File photo.




PHUKET: The Phuket Immigration chief today denied there have been any formal changes in the way Thai Immigration Police deal with foreigners who overstay their permits-to-stay or who are otherwise discovered to be residing in the Kingdom illegally.

Phuket Immigration Superintendent Panuwat Ruamrak admitted receiving “many” calls today following an online media report stating that foreigners who try to depart from Thailand at Bangkok's Suvarnabhumi Airport face arrest and detainment if their permits-to-stay have expired by 42 days or more.

The report said people who had overstayed by 21 to 42 days fall into a “gray area” and may face possible arrest and detainment at the discretion of Immigration officers at the intended point of departure.

Those who overstay by fewer than 22 days can pay the fine at the airport and depart without having to worry, according to the report originally sourced to Pattaya One.

Col Panuwat today told the Gazette, “I contacted the legal department at Immigration Bureau Headquarters on Soi Suan Plu in Bangkok, the Phuket Airport Immigration Superintendent and other authorities as well."

“All have assured me that they are still following all the terms of the Immigration Act 1979, enacted on February 29 that year,” he said.

Under the Act, “any alien who stays 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.”

“I am confused about how this kind of news is spread. It is possibly a misunderstanding,” he said.

Such misunderstandings may be the result of people who overstay not having enough money to pay the fine, a scenario that gives Immigration officers no choice but to arrest and detain them, he said.

Overstay fines in Thailand accrue at 500 baht per day to a maximum of 20,000 baht. As such, the policy does not encourage foreigners with long overstays to legitimize their immigration status once they have passed the 40-day threshold.

The alleged “Suvarnabhumi Crackdown” reportedly targets foreigners who take advantage of this by grossly overstaying their permits-to-stay and then turning up at the airport with 20,000 baht and an air ticket in hand, expecting to fly out of Thailand hassle-free.

Col Panuwat stressed that any new official changes in policy or regulations are posted on the Immigration Bureau’s official website: :: Immigration Bureau Thailand ::.

He encourages tourists with questions to download a copy of the Immigration Act, which is also available online there.

The Phuket Gazette notes that Immigration officers at checkpoints have always had complete discretion on what punitive measures to take with overstays, as specified above.

They can also deny entry to anyone arriving at a border checkpoint for any reason, even if the person arriving is in possession of a valid visa.

This being the case, all foreigners are strongly advised to never stay in Thailand past the date specified in their permit-to-stay and to make sure they comply with all other provisions of Thai Immigration Law.

 

[Ryans Resort]

Pattaya Police also having a massive clampdown on Farang overstaying, bar owners and farang businesses operating without work permits and now asking to inform the DEA about anybody known to be taking drugs or dealing! From what I gather there are a lot of people now in the Isaan area on overstay surely better for them just to go home and back to work?

 

[Dave The Dude]

You make it sound to simple,Gary :LMAO1:beer8

Change the word 'Work' for 'Benifits' and then it might be just possible

 

[alanthebuilder]

You can also get a PNG stamped in your passport as in Persona Non Grata - meaning not welcome anymore.

I have heard they can also give a 5 yr entry ban if you get jail time for immigration offences.elephant-027

 

[Dave The Dude]

I think you have to be very poor or very stupid to risk this sort of trouble( or on the run)

 

[isanbirder]

I think you have to be very poor or very stupid to risk this sort of trouble( or on the run)

There are a lot of very stupid people about, Dave!

 

[alan crisp]

There are a lot of very stupid people about, Dave!

Or people that are just poor or fallen on hard times, people that just want to stay with their loved ones and children!!
Some are on such a low budget they can't even afford the visa runs.I had a good friend that was in this position .He and his wife had enough money to support themselves because the wife was working but his work had dried up with no work even on the horizon.Money was tight and 50% of their income was going on visa runs to Laos so they could stay together. In the end the money pressure of visa expenses broke them up . They were no drain on the government as there is no Welfare state here in Thailand .They were just happy to be together living the quiet life but in the end draconian visa laws put so much drain on their income and their relationship ,they split up..

 

[isanbirder]

Or people that are just poor or fallen on hard times, people that just want to stay with their loved ones and children!!
Some are on such a low budget they can't even afford the visa runs.I had a good friend that was in this position .He and his wife had enough money to support themselves because the wife was working but his work had dried up with no work even on the horizon.Money was tight and 50% of their income was going on visa runs to Laos so they could stay together. In the end the money pressure of visa expenses broke them up . They were no drain on the government as there is no Welfare state here in Thailand .They were just happy to be together living the quiet life but in the end draconian visa laws put so much drain on their income and their relationship ,they split up..

Very true, Alan... of course the visa laws are the basic cause of the problem.

 

[Rick]

Or people that are just poor or fallen on hard times, people that just want to stay with their loved ones and children!!
Some are on such a low budget they can't even afford the visa runs.I had a good friend that was in this position .He and his wife had enough money to support themselves because the wife was working but his work had dried up with no work even on the horizon.Money was tight and 50% of their income was going on visa runs to Laos so they could stay together. In the end the money pressure of visa expenses broke them up . They were no drain on the government as there is no Welfare state here in Thailand .They were just happy to be together living the quiet life but in the end draconian visa laws put so much drain on their income and their relationship ,they split up..

Sad story. Quite unfortunate for those whom get caught up in the burdening immigration bureaucracy.