What happens if you overstay your visa while waiting for an extension of stay in Thailand?

Question

whats the deal if your overstayed whilst waiting for your extension of stay to be approved ?

Ask Thailand · Answer

If you overstay your visa while waiting for an extension of stay in Thailand, the outcome largely depends on the discretion of the immigration office handling your application. Generally, being on overstay means you are technically in the country without permission. Although you may have submitted your extension paperwork, it's crucial to communicate directly with immigration. They might charge a daily fine for the overstay (typically 500 Baht per day) but can still grant you an extension. However, if your visa application is under consideration, it's advised to avoid leaving the country, as this could invalidate your application, requiring a fresh visa application process.

Tod ********* · Answer

As a rule IF you have to leave while you have an under consideration stamp in your passport you need a re-entry permit BUT it will ONLY be valid for the under consideration period and you'd have to come back before that stamp expired.

Unfortunately for you, your current under consideration stamp is ALREADY expired (not a problem IF you can wait until they get the paperwork back at the immigration office you applied at).

However IF you were to leave the country now, you'd be charged for overstay AND you would cancel the entire process meaning you'd have to start all over with a new Non-O visa and then apply for the yearly extension.

I'd say IF you can wait it out, wait it out.

Lance ********* · Answer

thanks [mention redacted]..

Tod ********* · Answer

Just be patient, wait it out, believe me IF you bail out of the country while you're still "under consideration" (especially now seeing as the stamp IN your passport is expired) you're gonna cancel everything and have to start all over from scratch with first a Non-O visa and then a new yearly extension of stay.

Tod ********* · Answer

Okay, now I know exactly what you're talking about.

First off you're NOT going to be on overstay

Secondly, I've seen it take up to 6 weeks to get the results back (especially if you're using an immigration office that has to send it to a division headquarter to get the results)

Third, believe it or not, when you DO go get the extension inked into your passport it will be dated a year from the date you applied for the extension. The 30 day under consideration stamp IS the first month of your new extension

Lance ********* · Answer

the paperwork has been in for over a month - getting told by the IO mai pen rai wait but their not offering an extension of stay or any other stamp

Tod ********* · Answer

How about you actually outline, WHO is saying wait wait, and what the situation actually IS concerning your questioning how serious overstay is and can you get an extension on overstay?

Tod ********* · Answer

Okay that is going to be totally up to the immigration office you're dealing with for your extension.

BY rights (and the way the law is written) you don't get an extension while on overstay because you don't have ANY permission to be in the country (seeing as you're on an illegal overstay).

They CAN (at their discretion) decide to charge you 500baht a day for the overstay and then give you an extension after that for 1900baht which would be dated from the date your original permission to stay expired.

Barry ****** · Answer

How is that possible, you drop off your passport and copies of visa at immigration along with docs. They process it and give your extension back the same day.

If you’re using another method I would say it’s your responsibility to plan better or pay the fine for poor planning

Lance ********* · Answer

their saying wait wait but I need to leave to visit family

Neo ************ · Answer

Did the Immigration have your documents? Did they give you extra time? Go down to talk to them

What happens if you overstay your visa while waiting for an extension of stay in Thailand?

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