Consequences for Overstaying in Thailand

Consequences for Overstaying in Thailand

As envisioned by many people since last year, an announcement has been posted by the Thai Immigration last month regarding the new overstay rules in Thailand. The advisory, as ordered by the Ministry of Interior, will take effect on March 20, 2016. The warning of overstay is viewed by many as a stricter approach to addressing the issue of the foregoing subject as offenders will now be subject to being blacklisted and banned from entering Thailand for 1 to 10 years depending on the period of overstay.

New Overstay Rules

Generally speaking, the adjudication for people who have voluntarily submitted themselves to the authorities regarding their overstay will be less serious as compared to those who will be caught and arrested. Below are the details of classes of entry disqualifications resulting from overstaying in Thailand.

  • In the case of foreigners surrendering to the authorities
    • Foreigners who overstay for more than 90 days beyond the permitted date will be banned from re-entering for 1 year, beginning from date of departure from Thailand.
    • Foreigners who overstay for more than 1 year beyond the permitted date will be banned from re-entering for 3 years, beginning from date of departure from Thailand.
    • Foreigners who overstay for more than 3 years beyond the permitted date will be banned from re-entering for 5 years, beginning from date of departure from Thailand.
    • Foreigners who overstay for more than 5 years beyond the permitted date will be banned from re-entering for 10 years, beginning from date of departure from Thailand.
  • In the case of foreigners being arrested and prosecuted by the authorities
    • Foreigners who are caught overstaying for less than 1 year beyond the permitted date will be banned from re-entering for 5 years, beginning from date of departure from Thailand.
    • Foreigners who are caught overstaying for more than 1 year beyond the permitted date will be banned from re-entering for 10 years, beginning from date of departure from Thailand.

When travelling to Thailand, it is always important to be mindful of the last day of permitted stay. If you have already overstayed for whatever reason, it is highly advised to sort things out and leave Thailand before the order’s enforced date. One can do this by surrendering to the authorities at any Immigration Checkpoint in Thailand and paying the overstay fine of 500 baht per day but not exceeding 20,000 baht.

If you need Thai visa application assistance, please contact Siam Legal.


4 thoughts on “Consequences for Overstaying in Thailand

  1. Hi! I am a tunisian guy studying (Full-time Bachelor’s Degree in computer-science) in Munich, Germany. I’ve got an educational visa here which have to be renewed each 2 years. I wanted to ask you, if I have to apply for an ED-Visa (for a Semester Abroad in Thailand) in Tunisia, or I can do that here at the Thai Consulate in Munich? PS: I’ve already been in Thailand 2 years ago, and I applied for a Tourist-Visa, here at the Thai Consulate in Munich, and everything went well. I didn’t had to go to Tunisia, to apply for it at the Thai Embassy there. So is it the same in 2016, for an ED-Visa? Thank you in advance! Best Karim

    1. You will need to inquire from the Thai Consulate in Munich if they are able to assist you with an ED Visa now since it was 2 years ago that you last applied for the tourist visa. Please contact them for further assistance.​

  2. Hi! I know that Vietnamese can get to Thailand and stay there for up to 30 days without visa. What happens in case I am there and wish to stay for around 5-10 days more after such 30 days? Can I extend my visa exemption. Please advise. Thank you so much.

    1. Yes, you can apply for a visa exemption at an immigration office in Thailand for another 30 days.​

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