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Answered9 years ago

What are the consequences of overstaying a visa in Thailand and how can it affect children?

Tod *********
asked Mar 22, 2018
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OVERSTAY Warning

The topic comes up enough I thought I would touch on it.

Overstaying your permission to be in thailand is NEVER good and it is totally against the law.

It is not necessarily the overstay itself that puts you at risk because if you turn yourself in (as in stamp out of the country) you can't get banned for overstay until you have overstayed 90 days or more.

What is dangerous is being on overstay and getting caught out for something else by the police. That is when you can come right off the rails. If you're arrested even on an overstay of a single day you can be deported and banned for 5 years.

A single days overstay fine is usually waived at the airport when flying out, although if you exit by land you pay for every day overstay.

I have seen people who were going to be on an overstay of 3 days (1500baht fine) go to the immigration office and try to buy that 7 day extension denied stamp so they were legal only to be denied the stamp and told by the immigration officers to just pay the 3 day overstay fine at the airport when they left.

At this time, an overstay stamp in your passport does NOT affect your ability to get a visa for thailand from a thai consulate, and does not affect your ability to enter the country.

I would say IF you are going to have a short overstay, keep your head down, don't get caught for something else, get to the airport leaving plenty of time to pay your fine and get your overstay stamp. It's not the end of the world. Hundreds, perhaps thousands of people overstay every month here.

Good Luck (y)
Answer summary
The post discusses the legal implications of overstaying a visa in Thailand, emphasizing that while minor overstays may not immediately result in severe penalties, being caught for other offenses while on overstay can lead to deportation and a lengthy ban. A key point is that the fine for overstaying is typically waived at airports, but not when exiting by land. The conversation also touches on how overstay stamps in passports currently do not affect the ability to obtain future visas or re-enter Thailand. Additionally, it addresses concerns regarding children and overstaying, highlighting that children under 15 cannot be fined and those under 18 cannot be banned, though they should still have a visa.
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Kenny *******
Kenny *******
Great advice thanks Tod.
Tom ********
Tom ********
Someone should forward this list to Trump
Glyn *********
Glyn *********
I think a very important part of what you have said is "At this time"......it does not preclude an overstay being used in the future as a method of denying entry.......such are the vagaries of Thai immigration....best policy don't overstay.......
Lloyd ********
Lloyd ********
Overstay can not be used as a reason for denial of entry. Section 12 (reasons for denial) does not allow it. That is not to say it would not be a possible factor in denying entry for another reason.
Tod *********
Tod *********
OP
You are correct, BUT that can be said for anything related to thailand,visas & extensions. Right now having overstay stamps in your passport doesn't count against you.

I agree the best policy is NOT to overstay (y)
Lisa ***************
Lisa ***************
Yea it is crazy. He has a visa every time he comes here. But when wanting to extend ..... they just say not needed !! I would think they happily take the fee and extend as we are standing in immigration. But they just work out his age and give back his passport ! Then send us away !
Henry *********
Henry *********
@Lisa **************
Good to hear. I guess it's one of those "Thai things" that individual offices tend to do things their own way.
Lisa ***************
Lisa ***************
@Tod ********
thank you !
Lisa ***************
Lisa ***************
@Henry ********
I live in Krabi Where they have a more than capable immigration department !
Tod *********
Tod *********
OP
@He***
, There is no down side to getting children an extension of stay, especially if they are on a visa that's piggy backed to yours or on their own ED visas. Being legal is always a good thing (y)
Henry *********
Henry *********
*told by...
Henry *********
Henry *********
@Tod ********
I understand. Just going on what my employer's HR was told my Immigration at Chaengwattana when we queried whether we needed to renew his Extension. Maybe they just wanted the 1,900 baht!
Tod *********
Tod *********
OP
@He***
, there is NOTHING that happens to people when they have an overstay stamp in their passport. It doesn't stop them from getting a visa, doesn't stop them from entering the country and every immigration officer knows kids under 15 can't be fined and kids under 18 can't be banned.
Henry *********
Henry *********
@Lisa **************
I guess you're not extending at the main Immigration office in Bangkok, as they have extended my 3 year old's Extension twice now. Or maybe extending a visa is different. Either way, it was recommended to me that I should keep his immigration status legal, even though there is no fine or ban, as he would still get stamped as overstaying in his passport.
Lisa ***************
Lisa ***************
Ad long as he can't be banned I'm ok. And I know I have done my part and tried I guess. I am going to change route and try put him on a non O rather
Tod *********
Tod *********
OP
I have seen it happen like that over and over with kids :O
Tod *********
Tod *********
OP
Good question
@Li**
, (y)

The way the rule is written is; children under 15 cannot be fined for overstay and children under 18 cannot be banned for overstay.

That is not saying they don't need a visa (they should have one), but many immigration offices just tell people to let your kids overstay until they are old enough to attend school and get on ED visas.
Lisa ***************
Lisa ***************
How does this affect children? Immigration always refuses to extend for my son and tell me he doesn't need anything and he won't get banned. They send us away every time. He is only 13y but we have been waiting for paperwork to get his ED visa as he is at school here in Thailand. But he travels between here and his home.
Liam *****
Liam *****
Aliens beware...

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