Overstay & Thailand Blacklist

Overstay and Thailand Blacklist

Overstaying in Thailand is not uncommon and unheard of. Many foreigners have overstayed in Thailand for various reasons. However, whatever reasons you have prepared for the Immigration Officer a penalty and file is inevitable. 

Foreigners who have overstayed have two options when it comes to overstaying in Thailand:

1.Voluntarily surrender to authorities and pay the penalty/fines.
2.Overstayers who were reported and arrested/prosecuted.

Thailand is very considerate when it comes to their Immigration Rules and Regulations, however, they are also very strict when it comes to the implementation of the same. Accidental overstay cannot be helped, so in this article we will discuss what you should do or what information you need when you have overstayed your visa in Thailand.

Overstay Clearance in Thailand

If a foreigner does not leave Thailand by the expiration date in their passport or on their visa, they are considered to be in the country illegally and have "overstayed". Overstay Clearance implies that the foreigner will be required to pay a fine when leaving Thailand.

Serious Overstay Rules

If you have managed to accidentally overstay for 2 to 5 days don't worry too much. Just pay the fine imposed at the airport by the immigration officer.

BUT if you are caught by police on the way to the airport or in the airport you can be taken straight to the Immigration Detention Center (IDC).

Repatriation of the Foreigner

Repatriations are usually straight forward process, if caught by the Police, you are detained at the IDC until you face the judge, receive sentence and pay the penalties, as stipulated under Section 54 and Section 55 of the Immigration Act, the foreigner shall pay the fines and the expenses for the repatriation such as the airfare and other fees or other methods.
Section 54. Any alien entering or staying in the Kingdom without permission, or with permission that is expired or revoked, may be repatriated from the Kingdom by the competent official. 

Section 55. In order to repatriate aliens from the Kingdom under this Act, the competent official may choose to do so by any conveyance or at any port of entry, as deemed appropriate. The expenses for such repatriation of aliens shall be borne by the owner or the person in charge of the conveyance. If there appears to be no owner or person in charge of the conveyance, such expenses shall be borne by the offender under Sections 63 or 64. The competent official shall have power to claim repatriation expenses from any one offender in full or from all offenders jointly, as so wishes. The competent official may grant permission if such aliens choose to be repatriated by other conveyance or other port of entry at their own expenses. 

Fines & Penalties

If you are NOT caught by Immigration officers or Police overstay clearance fines amount to 500 Thai Baht per day of overstay, up to a maximum of 20,000 Thai Baht. And as long as your overstay does not exceed 90 days you can avoid the dreaded Black List.BUT if your overstay exceeds 90 days, you will be banned from entering Thailand and the length of the ban is related to the length of the overstay.If you have overstayed for the prescribed days duration below the duration of blacklist shall be:
1. More than 90 Days - 1 year ban
2. More than 1 Year - 3 year ban
3. More than 3 Years - 5 year ban
4. More than 5 Years - 10 year ban

Avoid Overstaying

In the case that you have a visa and you are applying to extend it and in order to avoid a fine, the application to extend the visa must be made no later than the next working day before the expiration date of the visa.

If a foreigner is arrested and found not to have a valid visa, the person is considered as being in the country illegally and faces not only a significant fine, but may be incarcerated in the Immigration Detention Center before being deported

Summary

Attorneys at Juslaws & Consult are well-versed in providing legal advice and offering support to clients, including cases that require overstay clearance. Due to the potential consequences for foreigners who have overstayed their visa for a long period, or who have overstayed numerous times, the assistance of an attorney can be vital.

Our attorneys can accompany the client to the airport or to the Immigration Office to resolve the issue. Contact Juslaws & Consult for more information on this and other legal matters.