What should someone on a long-term overstay in Thailand do to resolve their visa status?

Thailand Immigration Visa Overstay Covid Extension Thai Visa Rules Visa Amnesty Immigration Fine Overstay Penalty

Jan 26, 2021

4 years ago

ORIGINAL POSTER

Hi, I know a person on overstay, nearly one year. I try to convince him to go to immigration with 20K and get a Covid extension on Friday. Its that the best solution?

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TLDR : Answer Summary

A person on an almost one-year overstay in Thailand may face serious consequences if they attempt to resolve their situation. Comments suggest that for overstays exceeding 90 days, simply turning oneself in to immigration isn’t an option, as it could lead to arrest and detention. Instead, the individual may face a fine up to 20,000 baht and could incur additional penalties related to previous overstays during a past visa amnesty. Given these risks, it's recommended that they avoid approaching immigration and instead consider exiting the country.

Morten *********

ORIGINAL POSTER

Thanks for all replies. Judging from these comments, I think it will be risky for him going to immigration. He kinda put himself in this situation himself. Lost his job during beginning of pandemic, and never sorted his cancelled WP and extension etc. So I will advice him to leave.

4 years ago

Ksenia **********

If he had overstay before and after amnesty (amnesty period is March 26-October 31), fine can be calculated twice (2 time with limit of 20k).

Count days before amnesty and after amnesty and calculate fine 2 times (with 20k limit each) .

This information is what some people reported after paying overstay fine after amnesty.

4 years ago

Tod *********

@Kse***

yep, you are totally correct

I just messaged the person who I used in the example and they were charged twice as well.

They got a 14K baht fine for for the 28 day overstay BEFORE amnesty started and then they got an additional 15K baht fine for the 30 day overstay AFTER amnesty ran out :O

Sorry I stand corrected. In a situation where you have overstay both before and after amnesty the fine can be charged in EACH instance up to the 20K max

Thanx for pointing that out :) (y)

4 years ago

Ksenia **********

There is a visa chat in telegram (Russian language). I saw several reports with this information.

As I remember, at least some of the cases took place in airport.

4 years ago

Reply to

Ksenia **********

Tod *********

Okay, let's get this straightened out

IF you have an overstay of MORE than 90 days you CANNOT go to the immigration office and clear it up by "turning yourself in".

UNDER 90 days is fine to show u, pay the 20K baht fine, get the overstay stamp and then apply for an extension (if there's one available to you)

Unfortunately once you're OVER 90 days, that options "turning yourself in" and walking back out of the office is NOT available to you. When you show up, you'll be arrested AND you'll be taken to IDC down at Suan Plu in Bangkok. You'll sit there until you see a judge, he'll waive the 20K baht overstay fine, assess you between 3K and 5K baht fine, you'll get banned from thailand for a year, be taken back to IDC until you can book a flight out. Then they will take you to the airport, give your passport to the air marshal on the flight, and you're out.

On an overstay of almost a year there is not "go clear it up and apply for a covid extension.

4 years ago

Tod *********

@Todd ********

I meant IF he showed up at immigrations to clear it thinking he'd clear the overstay and get the covid extension.

If he showed up at the airport to fly out he'd get the fine get the ban and leave.

4 years ago

Todd *********

@Tod ********

if 90 day+ overstay shows up at BKK (or other international airport) to check in for exit flight, with money for the fine, ur saying they would still be taken into custody versus permitted to depart with fine and suspension?

4 years ago

Todd *********

@Benjamin *****

understood. My question likely not clear. But more asking if they are actually going to take someone departing imminently away from their flight to be seen before a judge rather than just fine them, suspend them from appropriate period and send them on their way?

4 years ago

Reply to

Todd *********

Tod *********

As an example of what I just said

I had a person enter the country in the beginning of the year with a stamp that expired on Feb 26, 2020. They did nothing, went on amnesty, stayed on amnesty and didn't even get a covid extension AT ALL, and then on Nov 30 they flew out of thailand. They thought they would be banned etc, BUT their overstay was only from Feb 26 to March 26 <- the day amnesty started (28days) and then Nov 1 <- the day AFTER amnesty ended to Nov 30 (30 days) for a total of 58 days. They did pay the 20K baht fine BUT they weren't banned for a year :)

4 years ago

Tod *********

One other thing though. They might NOT be on overstay as long as they think because amnesty started March 26th and ran until Oct 31 <- meaning they wouldn't count that time. So the real question is when did this person ENTER the country and what date did they start overstaying.

We're not even going to get in to WHY they did what they did. It doesn't matter what the excuse is really

4 years ago

Reply to

Tod *********

Phill ****

1 year he might go straight into the cell but he must pay the fine first.

4 years ago

Todd *********

yes, you have the right answer I believe. Explain the circumstance. Pay the fine. All should be well.

4 years ago

Todd *********

@Benj****

he MAY be. That is fully within their parameters to do so. 'Will be' is dependant on the circumstances. The potential punishments are not the directed punishments.

4 years ago

Jonathan **************************

Over 90 days = a one year ban.

Not negotiable.

Read any of the leaflets by Thai immigration.

4 years ago

Reply to

Jonathan **************************

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