Thailand's new overstay rules to take effect on March 20, 2016.
Thailand's strict new overstay rules, which may lead to a ban of up to 10 years for visa overstayers re entering the kingdom, have been widely discussed. So, if you have overstayed your visa, you cannot claim ignorance when you find yourself on an immigration blacklist. However, in case you have missed all the well publicized warnings, consider this a final reminder for all overstayers to leave the country as soon as possible and resolve their overstay issue before facing further consequences.
Under the current rules, tourists and expats who overstay their visa only need to pay a daily fine of 500 Baht, with a maximum of 20,000 Baht. They are not immediately banned from returning to Thailand if they choose to do so. In fact, until March 20 of this year, overstayers were not blacklisted. All they had to do was pay the fine at the border without any visible mark or record in their passport, allowing them to return to Thailand right away.
However, this will change in just three weeks when the new, more stringent overstay rules take effect. Here are the details once again, and it's not difficult to understand as long as you cooperate. Starting from March 20, offenders may be blacklisted and banned from re entering the kingdom for a period of 1-10 years, depending on the length of their overstay and whether they turn themselves in or not. You have three weeks from now to resolve your overstay situation.
After March 20, the penalty for overstayers will be determined by two factors: a) whether they report themselves to immigration at an airport or other border checkpoint, or get apprehended while staying in the country, and b) the length of their overstay. If your visa overstay is less than 90 days and you voluntarily leave Thailand via an immigration checkpoint, you will continue to face only the regular fine even after March 20. Therefore, as long as immigration doesn't catch you in Thailand, overstaying for up to 90 days will still be acceptable in the future.
If your overstay exceeds 90 days but is within 365 days, you will be banned from re-entering the kingdom for one year. Overstays exceeding one year but less than three years will result in your name being added to an immigration blacklist for three years. Overstays between three and five years will result in a five-year ban from visiting Thailand, while overstays exceeding five years will result in a 10 year re entry ban. These rules apply if you choose to leave the country via a border checkpoint.
If you are apprehended within the country with an expired visa (for example, during a police raid where you are asked to present your passport), the penalties are much harsher. In this case, the length of your overstay, whether it is one year or just a few days, becomes irrelevant. Under the tightened rules, if you are apprehended within the country and did not report yourself at an immigration checkpoint, an overstay of less than one year (which could be as short as a week) will result in your name being blacklisted for five years. Overstays exceeding one year will lead to a 10 year re entry ban.
If you happen to be on an overstay right now.
If you are currently overstaying your visa, it is crucial that you immediately head to Suvarnabhumi Airport or any other border checkpoint and settle your overstay by paying the regular fine while you still have the opportunity. The fine is only 500 Baht per day, with a maximum of 20,000 Baht. Take action now and resolve your overstay as soon as possible.
Consider booking a visa run to Cambodia, where you can spend a few days in Phnom Penh or Sihanoukville. Alternatively, you can plan a trip to Laos or Penang, or even enjoy a vacation in Vietnam. If you can't resist the allure of Pattaya, you may opt for Angeles City. Whatever your choice, make sure to return to Thailand within a few days, if feasible, with a fresh tourist visa or any other visa you qualify for.
After March 20, if your visa is nearing expiration, avoid taking any further risks and go directly to your local immigration office. In Pattaya, you can find the office on Soi 5 in Jomtien. Apply for an extension if possible. If that's not an option, ensure that you leave the country before the date specified in the entry or extension stamp in your passport ("admitted until"). Then, apply for a new visa at a Thai consulate abroad. If you prefer to stay within the Southeast Asia region, a visa run to Vientiane or Savannakhet in Laos will likely suffice.
Do not procrastinate and risk becoming an illegal resident. Overstaying is entirely unnecessary and, considering the strict new rules, not worth taking any chances. Just as you wouldn't want foreigners in your home country to disregard immigration regulations, it's important to respect Thailand's rules as well.
Officials to intensify on overstaying expats.
Officials are introducing new legislation to tighten immigration regulations for foreigners. The law is set to take effect on March 20. On March 10, 2016, a conference was held at the Discovery Beach Pattaya hotel, chaired by Pol.Lt.Col.Natthathorn Prosunthorn, the commander of the immigration bureau. Attendees included hoteliers, guides, educational institutions, and private sector representatives.
The objective of the conference was to clarify the stringent rules and discuss the best strategies to control the issue of foreigners overstaying their visas in accordance with immigration law. The legislation has already been passed and will be enforced from March 20, 2016.
According to the new law, foreigners who voluntarily surrender themselves to immigration officers after overstaying for more than 90 days will be banned from reentering the country for one year. Those who overstay for one year will face a three-year ban, while those who overstay for three years will be banned for five years. Finally, individuals who overstay for five years will face a decade long ban.
Pol.Lt.Gen.Natthathorn emphasized that there are approximately 40,000 foreigners residing in Chonburi, mainly due to Pattaya being a popular tourist destination. Out of these 40,000 expats, 26,682 are retired individuals, 5,212 are working, and 5,212 have Thai families, excluding tourists.
After March 20th, stricter measures will be implemented to identify and remind foreign nationals of the new regulations. The immigration bureau will also collaborate with international authorities, such as Interpol, to share information on transnational criminals and enhance their ability to identify such individuals. Immigration bureaus in Surat Thani, Chiang Mai, Nong Khai, and Phuket will adhere to the same standard procedures.