What should I do if I have overstayed in Thailand due to a court case and now only wish to leave?

Oct 24, 2023
a year ago
Jacob *********
ORIGINAL POSTER
l entered Thailand in March 2020 on 30 day entry (not a visa) from Malaysia.

Then due to covid l got the usual extensions due as were available.

Following that l was unable to leave due to a criminal court case, which was continuously postponed due to covid, until l was eventually acquitted in July 2023.

l currently have no visa and only have a signed document from the court, that l was unable to leave due to the court case.

From what l understand, this means l have been overstaying probably since around December or January 2020/2021 which is the last time l was at an immigration office. At that point l was simply told by the immigration officer to simply comeback when the court case had been completed. Well as mentioned l was acquitted but with little help or l assume the wrong advice from my lawyer at the time, l am obviously now overstaying and wonder if l have any options than simply paying a fine or if l will be arrested if l either go to immigration myself or if l try to leave via flight. l have no wish to remain in Thailand, nor do l have wish to return and just wish to leave as painlessly as possible even if it means a fine and blacklisting or both. l would like to avoid being sent to lDC or having to get involved with the courts again.

Do l have any options that do not require atleast a trip to lDC?

Before anyone makes snide remarks: Yes l am aware that l screwed up and no matter what bad advice l was given it is my own responsibility.
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TLDR : Answer Summary
The user entered Thailand in March 2020 on a 30-day entry permit and has since been unable to leave due to a court case that delayed their departure until July 2023. Currently, they are overstaying their welcome and have been advised that upon attempting to leave, they would face fines and potentially a ban. The user seeks options to leave the country without facing severe consequences like detention at an Immigration Detention Center (IDC). Community responses suggest that while fines (up to 20,000 baht) and potential bans are likely, honesty at the airport could mitigate issues, and there may be no legal recourse available to fix their visa situation. They are cautioned to avoid any further legal complications before attempting to exit.
John *******
Dont think a local lawyer is going to help you here It's a case of you being honest with immigration on departure but don't get caught out between now and your departure at airport I imagine there is a 20,000baht fine coming and probably 5 years ban from entry to Thailand and make no mistake your history in thailand will be recorded on file in the meantime you need to keep a low profile get caught out and you may wish you never entered thailand you may receive an additional extended stay at the pleasure of thai government you don't want that won't be a pretty one Chokh di you going to need it
Randy ********
Sorry to hear about your loss.

Glad to see a post like this which isn’t anonymous, good on ya!

You’ll have the 20k฿ fine and a ban. Since you don’t care, it won’t be a problem. But, and I mean a big BUT, don’t get caught before you get to the airport. You don’t want to end up in IDP holding cell.

Good luck to you.
Jacob *********
ORIGINAL POSTER
l am currently stuck in a situation where a "friend" of mine is paying for my accommodation and food plus 100 baht a day and in exchange I help him everyday with a variety of work such as transcriptions, website, social media and more. He does not want me to go, but on the other hand who can live for a 100 baht a day. Anyway, he claims that a lawyer can help me obtain a new visa despite my current no-visa/overstay issues. He is obviously just taking advantage of the situation and from all l know, l really don't believe the best course of action is to have his lawyer to try to extend my stay here. First of all it's obviously illegal for me to work here anyway and secondly l don't see how a lawyer can even help me get a visa and fix the overstay issue and thirdly as l have said, l don't really wish to remain here, especially under those conditions. Can anyone confirm that a lawyer won't be able to help me get a new visa or fix the overstay issue?
Mårten ********
@Jack ********
Nobody can say with any certainty what can be done when greasing the wheels. Since you don't really seem to want to stay anyway, I would think your plan to pay your overstay fine and leave sounds like the best option right now.
Tony *********
You will probably be barred for 5 yrs and pay 20,000baht fine. But just don't get caught between now and the airport otherwise you will be taken to IDC . But in your situation with the courts you might be ok at immigration.
Jacob *********
ORIGINAL POSTER
As mentioned above l am perfectly fine with being banned. l have no family left here as my Thai wife of 25+ years was killed in a car crash in the midst of all this and my thai/danish children l have already managed to get back to my country as they had dual citizenship. Thus what l read in the advice given here is to buy a one way ticket back, have
*****
baht ready to pay the fine in the airport and of course bring the court documents l had, at least to show them why l overstayed and they should let me leave with not too much of a hassle? Thanks everybody.
Kool *******
@Jack ********
technically you were on overstay after the day your court case received its verdict and you were acquitted. You are very close to the 90 day mark, if you haven't went over it, so maybe no ban, and maybe just a one year ban.
Tony *********
@Jack ********
Sorry for the loss . But they will let you leave but just don't get caught in between. That's where the problem will lay if you get caught by police between now and the airport ...
Jacob *********
ORIGINAL POSTER
Brandon ************
I'm not sure if IDC is part of the process if you're going to be banned at the airport or not, but as long as you make it to the airport and turn yourself in as you're crossing passport control to leave the country, that's the most straightforward way to get it over with.

You'll be fined 500₿ per day to a maximum of 20,000₿ and a ban depending on how long you've overstayed based on the attached image.
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