What are the risks and consequences of overstaying a visa in Thailand?

May 18, 2018
7 years ago
Cody *******
ORIGINAL POSTER
A few stories have popped up in the last few days regarding people overstaying their visas being caught and held in custody including what seems to be a mass round up in Bangkok.

For many people, It has been generally an acceptable process to "overstay" and pay the fine on the way out as opposed to the rigmarole of going out to immigration and getting your visa or your exemption extended.

It's quite evident that laws in Thailand can be enforced arbitrarily and it's better to er on the side of caution and do what is essentially the right thing as overstaying is generally considered quite a heinous offence in most countries.

DONT risk it. Go and pay for an extension and give yourself peace of mind. If your overstay is more than 4 days you will also save money.
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TLDR : Answer Summary
Recent discussions highlight the increased crackdown on people overstaying their visas in Thailand, emphasizing the risks involved. Many expats traditionally avoided the hassle of obtaining an extension, opting instead to pay fines upon departure. However, this risky approach can lead to serious consequences, including arrest and detention. Community members share personal experiences and stress the importance of obtaining a visa extension or leaving the country before the visa expiry to avoid complications. The advice is clear: do not risk overstaying, as the laws can be enforced arbitrarily, and overstaying could lead to bans or fines.
Jon **********
Friend of mine went for an extension yesterday at CW. He mentioned his flight home was 4 days after the visa expiry date. The IO said to ‘just pay the overstay’.

That kinda bad advice from the people who run it, causes this mai pen rai attitude
Rob *********
just more work for them... handball that one...
Biff *******
It’s not that bad of a thing for them. They don’t run the risk of being arrested at a police check point/raid and deported. Just because they’re too lazy to do the paperwork doesn’t mean that someone should feel that it’s ‘ok’ to run that risk. It’s probably unlikely that the worst would happen, but if it did saying “but the immigration officer told me to do it” might not help you if you’re faced with a trip to the IDC.
Jon **********
@Cody ******
after the extension expires, i should clarify
Tod *********
@Co**
&
@J**
I have seen the officers at Chaengwattana do that time and again on overstays that are close to what it costs for the 7 day get outta dodge extension denied stamp (1900baht)

They just say, pay the fine when you leave it's cheaper. :O

So if immigration officer TELL people to take the short overstay and pay the fine it must not be that bad of a thing.
Cody *******
ORIGINAL POSTER
At that point he is already out at Chaengwtfannah and it will be only 1800thb as opposed to 2k plus potential penalties. Why on earth would they advise that?
Duncan *******
I took this screenshot this morning - every single time someone comes on here and says it's ok to overstay even for a short time, just pay the fine on the way out, Im going to post it.
Duncan *******
@Robert ******
sorry - the reply was obviously wrong, the guy getting arrested :) The whole thread - strangely, is on Stupid Questions Chiang Mai.
Robert *******
Nice reply, only 400 Thb, she gives discount prices. It should be 500 Thb with a maximum of 20.000 Thb.
Tony *********
And beware of the early morning flights.

If you can get stamped out by midnight your ok

If not your on overstay.
Gareth ********
Gareth ********
@Tod ********
I was expecting to pay the full amount but was just wishful hoping.

Fine was 7000 baht.

Leaving after my first year here, back home for a visit.

I did everything before midnight hoping that the officer wouldn't realise that id still be in the country Sunday morning.

It didn't work..

Not smarter than the older wiser owls.

Just to clarify that I was aware that I was suppose to pay and being charged even for just 1 hour overstay.

My first comment was confirming Tony's statement from personal experience.
Tod *********
@Gar***
as a general rule a single day overstay (under 24 hours) isn't even fined at the airports (BKK & DMK) when flying out.

They just stamp your passport with a thai message that says overstay under 24 hours fine waived.
Cody *******
ORIGINAL POSTER
@Gareth *******
did they give you a receipt?
Gareth ********
Happened to me two years ago. Flight was 1am did everything before midnight. Still charged me because of the flight departure time on my ticket.
Phil ******
I think they should come down on people more severely. Big fines and bans. Everybody knows the rules and you should abide by them. Ok mistakes can happen but many deliberately overstay.
Cody *******
ORIGINAL POSTER
Baby boomers are terrible communicators. I don't blame you as you are the first mass media generation.
Jim *******
Phil ******
Jim *******
Robert *******
The process if getting arrested: Police jail till you go court, could take a few days, Judge will give you a fine most of the time lower that the 500 Thb a day but it depends on the judge. Than transport to Immigration Detention Center, it is a jail not a hotel. From there you can buy a direct ticket to your home country, be aware that only your National Carrier has the duty to transfer you, other carriers can just refuse to sell you a ticket. If the flight is booked and paid by yourself, Police guide you to the incheck desk, than into the plain, your papers and passport are handed over to the Captain. Police wait at the gate till plane leaves. Don't be shy, everybody on the plane will know that you brought into the plane under Police guidance. On arrival in your home country you get your papers and passport back from the Captain. It is for sure not a holiday experience you want to have.
Tod *********
It should be noted that turning yourself in means showing up at the immigration office, OR at the passport control desk to stamp out of the country by land or air. Do this and you CANNOT be banned for an overstay of under 90 days, no matter what they threaten.

Now, getting caught out for something else while on an overstay is not the same and if the officers want to play hardball with you, you can actually be arrested, prosecuted, deported and banned for 5 years on a single day overstay.

I agree with Cody 100%, DON'T risk getting caught out on an overstay, go get your extension, border-bounce for another visa exempt entry OR go to a thai consulate and BUY a visa.

Right now the thai consulate in Penang said they will look with a critical eye at people applying for tourist visa applications who have overstay stamps in their passport. At present it is the ONLY thai consulate that has mentioned this.
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