Recently, a number of major overstay arrests have been in the Thai media, including at The Pattaya News, such as this one.
As a result, today, on behalf of our legal partners with Issan Lawyers, we take a look at overstaying in Thailand from a general perspective.
People overstay in Thailand for various reasons: Some miscalculate their duration of stay and it can be a genuine accident, others unintentionally follow guidelines meant for different nationalities, and some knowingly overstay without realizing the seriousness of Thai immigration laws. Some people also run into financial difficulties that limit their options or prohibit them from paying for travel.
There are also occasionally cases in which one has entrusted their passport to a visa agent or company to arrange a longer legal stay in Thailand but the company fails to deliver on their promise, which can be more complex and won’t be covered at length in this article but a lawyer should be involved for this circumstance.
If you find yourself about to overstay, our recommendation is to leave Thailand as soon as possible.
What Is Overstaying?
Overstaying simply means staying beyond the allowed period on your particular visa. Periods of stay can differ depending on multiple factors and nationality. As an example, if you entered Thailand on January 1st, 2024, with a stamp indicating a length of stay permitted to February 1st, 2024, you must leave by or before that date (or obtain a new visa). Staying past February 15, 2024, can lead to severe legal consequences.
Penalties for Overstaying
1. **Fine**: You face a 500 Thai baht/day fine for each day of overstay, capping at 20,000 Baht currently.
2. 90+ Days Overstay: If you overstay for more than 90 days, seek legal help immediately and avoid situations where you might be detained by the police.
Overstaying in Thailand for more than 90 days can have serious consequences. Here’s what you need to know:
1. Detention and Deportation: If you overstay for an extended period, you risk being detained by Thai authorities. They may place you in an Immigration detention center, more information below, before deporting you from the country.
2. Blacklisting: Overstaying can lead to your name being added to a blacklist. This means you’ll be barred from re-entering Thailand for a specified period (usually a minimum of one year for overstays beyond 90 days, with an increasing length of bans the longer one has overstayed).
3. Legal Issues: Overstaying is a violation of Thai immigration laws. While fines are applicable, prolonged overstays can sometimes result in legal proceedings and additional penalties.
While overstaying in Thailand generally incurs penalties, there are a few exceptions:
1. Medical Emergencies: If you’re hospitalized during your stay, you can request an extension without penalty. Provide relevant medical documentation to immigration authorities.
2. Force Majeure: In exceptional circumstances (natural disasters, political unrest, etc.), you may be granted leniency. Consult with immigration officials and provide evidence.
3. Age and Mental Capacity: Children, elderly individuals, or those with mental health issues may receive more understanding treatment.
Remember, these exceptions are evaluated case by case.
Caught While Overstaying vs. Leaving While Overstaying
– Caught While Overstaying: If caught, you risk being detained in a Thai detention center and deported from Thailand to your home country at your expense. If you cannot afford to pay for a flight to leave this could mean a significant stay at a detention center in uncomfortable conditions for weeks, months, or even years in some cases depending on the person’s nationality and individual situations.
– Leaving While Overstaying: Pay the penalty at airport immigration when leaving Thailand:
– Overstay < 90 Days: 500 Thai baht/day fine (maximum 20,000 Thai baht).
Remember, overstaying—even by just one day—is illegal and can have serious consequences. Always comply with Thai immigration laws to avoid unnecessary trouble. It will also put a stamp in your passport that indicates that you overstayed which for certain programs and visas in Thailand could cause problems being approved in the future, such as permanent residency or certain investment visas.
