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Soon you will face a ban if you overstay in Thailand
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  1. #1
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    Soon you will face a ban if you overstay in Thailand

    Soon you will face a ban if you overstay in Thailand

    June 3, 2015
    By Richard Barrow
    About a year ago there was a lot of chatter on expat forums about new rules of what would happen if you overstayed your visa in Thailand. Everyone was talking about it as if it would signal the end of tourism. Jump forward twelve months and we have seen that tourism is picking up. In addition, there has been no sign of anyone being banned for overstaying their visa. Everyone just presumed that this was just another example of backtracking by the Thai government. But, that is not really true. If anything, it is another example of the Thai media printing something without checking their facts. It was just a proposal that hadnt been passed into law yet. Much the same as the so-called ban on drones.
    I was at my local Immigration office today as Im helping them redesign their website. The subject of overstaying came up and I asked them what had happened about the bans. So, it turns out that it is not being enforced yet as the law hasnt been passed. However, they are expecting this to be put forward sooner rather than later. If this is the case, then anyone who is caught overstaying in Thailand, even less than one year, could face a FIVE year ban from entering the country. Do you really want to risk that? My advice to you is to get legal now before this soon to be new law is enforced. At the moment people are saying that there has been no serious consequence of overstaying if they turn themselves in. That is, other than the 500 Baht fine per day (maximum fine is 20,000 Baht). Dont say you werent warned.
    In the Case the Alien Surrenders Himself/Herself:

    • Overstay more than 90 days => Forbidden from re-entering the kingdom for 1 year
    • Overstay more than 1 year => Forbidden from re-entering the kingdom for 3 years
    • Overstay more than 3 years => Forbidden from re-entering the kingdom for 5 years
    • Overstay more than 5 years => Forbidden from re-entering the kingdom for 10 years

    In the Case that the Alien is Apprehended:

    • Overstay for less than 1 year ==> Forbidden from re-entering the kingdom for 5 years
    • Overstay for more than 1 year ==> Forbidden from re-entering the kingdom for 10 years

  2. The Following 2 Users Say Thank You to Khun Don For This Useful Post:

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  3. #2
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    Re: Soon you will face a ban if you overstay in Thailand

    Almost every Immigrations office has a form we now sign stating we acknowledge the yet to be enacted penalties for overstay. In fact Phuket Immigration's website even had the WRONG version displayed for a while which said over 5 years on overstay you're banned for life.

    The thing is, as you pointed out; Immigrations doesn't have the power to change this law and instead it has to be passed by the government. Good posturing by Immigrations saying it's going to be put forward sooner than later. I'd be dollars to durian NOT a single person in immigrations knows if it's even made it onto the agenda to be discussed, let alone when it'll come up for a vote.

    Here's the signage which was put up right outside the entry door to Thai Immigrations at the Chaengwattana Government Complex last July.
    Click image for larger version. 

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    I don't EVER advocate people overstay, but right now, to clear an overstay it's pretty much business as usual 500 baht a day fine which caps out after 40 days at the 20,000baht max. It's not so much being on overstay which runs people off the rails here. It's running amuck for some totally unrelated problem AND being on overstay which throws a spanner in the gears...

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    Re: Soon you will face a ban if you overstay in Thailand

    Samut Prakan Immigration office is reported as having stopped people signing this form now, so maybe they realise that it is not going to come about anytime soon.

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    Re: Soon you will face a ban if you overstay in Thailand

    As far as I know, they are still telling people to sign that "overstay warning" form at Samut Prakan Immigration. Two of our teachers had to sign it last week. I'm going to extend my stay there soon and will let you know.

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    Re: Soon you will face a ban if you overstay in Thailand

    Here's a copy of the The Acknowledgement of Penalties for a Visa Overstay form we sign at Chaengwattana.. Sorry, that's the BEST copy I could find of it..
    Overstay Acknowledgement.pdf

    What drives me crazy is this form and three other forms we sign when we get our yearly extension of stay at Chaengwattana can't be downloaded ANYWHERE. You have to fill them out at the immigrations officer's desk! It totally log-jams the process..

    I finally had them give me blank forms and have people fill them out before we go to immigrations...

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    Re: Soon you will face a ban if you overstay in Thailand

    Posted 2015-06-09 07:10:59


    Immigration at samut prakan changes
    Went yesterday to do extension and to get a re entry permit. before they would start had to go upstairs and register address again on a form never seen before, 2x photocopies of passport needed. Back downstairs they insisted on every passport page being copied and went through everything with a fine tooth comb.
    For the permit have to go into a back room and get photo taken x2 which is entered on computer along with all the usual details. One thing not needed were the two extra forms they have produced for the extension the last few years about not overstaying.

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    Re: Soon you will face a ban if you overstay in Thailand

    Thanks for that update bigt116. If I get time today, I will go and ask them about the form to acknowledge consequences of overstay. If it is still needed, I will try and get a clean copy to make it available as a download on the website.

    About the register address thing, they are now asking for proof of address, even when doing 90 day reporting. I have updated the front page of the website to say that you may be asked for a copy of house registration or a rental contract if staying in an apartment. I say "may" because if you are a "known" person they might not ask you for proof of address. They didn't ask me when I did 90 day the other day.

    In related news, there is a law that house owners must report foreigners staying in their abode within 24 hours. If they fail to do so, the fine is 2,000 Baht. If they are caught then the fine is doubled. The form for this is on the website as a download. They might be cracking down on this soon.

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    Re: Soon you will face a ban if you overstay in Thailand

    There is also an online feature on the Immigrations website where hotels (and home owners too, I guess) can file that TM.30 and print it. I stumbled across it a while back..

    That law about a thai national reporting a foreigner at their house within 24 hours has been on the books for a good while now, no one paid the slightest bit of attention to it..

    About 6 months ago EVERY SINGLE PERSON who was at Chaengwattana applying for a re-entry permit was given a TM.30 form to fill out. No instructions, no reason, and they collected BOXEZ of them..

    The poor guy who sits at the TM.30 desk (and usually does nothing) had to have three other people help him enter all the data! They stopped it about a month ago.

    I have the copy of having submitted a TM.30 stapled into my passport with my 90 day receipt of reporting and my departure card.

    How is the 90 day online reporting working out at Samut Prakan? Any successful submissions/approvals?

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    Re: Soon you will face a ban if you overstay in Thailand

    Yes, hotels and homeowners can submit forms online.

    From what I understand, they will only insist on you proving your address if you are acting suspiciously or come from a target group. That is why I said on the website you "might" be asked to prove your address when doing 90 Day reporting.

    About online 90 Day reporting, I haven't put the link on the website as they are apparently working on technical problems. I didn't ask the specific question if anyone from Samut Prakan had done it.

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    Re: Soon you will face a ban if you overstay in Thailand

    Quote Originally Posted by Richard Barrow View Post
    Yes, hotels and homeowners can submit forms online.
    Just an FYI;
    On the Immigrations main page http://www.immigration.go.th/ there is a link for the online program that hotels use to report foreigners staying there.

    It is the third tab up from the bottom on the left hand side and looks like this;
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    It takes you to this website;
    https://extranet.immigration.go.th/fn24online/

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