As a continuation of the crackdown on foreign nationals who have bypassed the Thai immigration laws to residing in Thailand, the Thai Immigration Bureau has issued a warning for those who overstayed their visa. Under the proposed regulations foreign nationals who overstayed their visa will be forbidden from re-entering the Kingdom of Thailand for a specific period of time. The following is a summary of the penalties:
Foreign Nationals who overstayed their visa and leave the country voluntarily will face the following ban from reentry:
If the overstay was for more than 90 days, there is a 1 year ban from reentering Thailand.
If the overstay was for more than 1 year, there is a 3 year ban from reentering Thailand.
If the overstay was for more than 3 years, there is a 5 year ban from reentering Thailand.
If the overstay was for more than 5 years, there is a 10 year ban from reentering Thailand.
*For those who overstayed for less than 90 days, there is still a 500 baht a day fine.
The penalty for overstaying is harsher if the foreign national was apprehended by a Thai public official and was found to have overstayed their visa:
If the overstay was for less than 1 year, there is a 5 year ban from reentering Thailand.
If the overstay was for more than 1 year, there is a 10 year ban from reentering Thailand.
All foreigners are who enter the Kingdom of Thailand have to sign a new form entitled “The Acknowledgment of Penalties for Visa Overstay.” There is no right to appeal the penalties for a finding of overstays or the penalties.
Local embassies have been issuing warnings to its nationals about the penalties for overstaying their visas. The United States Embassy specifically stated that they will not intervene on behalf of United Citizens who have been denied re-entry at the border or at airports.
Mr. Robert R. Virasin serves as legal manager of Siam Legal’s Immigration Division. A graduate of the University of California, Los Angeles with a Bachelor Degree in Political Science, Mr. Virasin completed his Juris Doctorate at the University of Houston and a Masters of Laws (Business) from Chulalongkorn University, Bangkok. Mr. Virasin is a member of the State Bar of Texas and is a licensed U.S. attorney with over 15 years of legal experience. Robert is a regular contributor and author of a number of immigration related articles.