One day overstay in Thailand could mean a 5 year ban
Over the last few weeks, the Thai newspapers have been writing stories about a crackdown on foreigners overstaying their visas. This is in advance of what they call “D-Day” on 20th March 2016, which is when foreigners could face a ban of re-entering Thailand. One Thai headline I saw put it this way: “If a foreigner is caught overstaying by one day, they will be banned from re-entering for five years”. Is this crackdown against normal foreign tourists? No. They say they are targeting foreign criminals who are operating in Thailand without proper paperwork. The recent renewed search for foreigners overstaying their visas is due to the capture of the suspect in the grisly murder of a Spaniard. Immigration police say that the suspect had overstayed his visa. There have been other examples recently.
My opinion is that when visiting any foreign country, it is advisable to carry some form of photo ID at all times. This is especially true for Thailand as we are under military rule. Like citizens of some other countries, Thais have to carry their ID cards at all times. So, it would make sense that foreigners should also do the same. In fact, many embassies urge their citizens to carry their passport while in Thailand. Obviously, this is not always practical, so Immigration police have come out to say that it is acceptable to carry a photocopy of your passport. However, your passport should be nearby. This means that if you go away somewhere overnight, for example to Pattaya for the weekend, you should take your passport too.
I have traveled all around Thailand and I have always used my Thai driver’s license as a photo ID. This has been accepted on domestic flights, hotels and even at banks. A couple of times I have been stopped at police and army checkpoints and they accepted my driver’s license as a form of ID. However, if they are specifically looking for overstayers, they will insist on seeing your passport. That is why I always carry a photocopy of my passport and visa page just in case. To make it more convenient, I shrank this down to credit card size and laminated it. As a back up, I also have a digital copy of my passport and work permit on my smartphone. Friends have told me that they have used this successfully at checkpoints.
I am sure there are many people like myself who have said they have never been stopped and asked for a passport. But, times are changing. Just yesterday, there were two newspaper reports of foreigners being detained for not carrying passports. First one is from Chiang Mai Citylife. In their story (see here), they said armed police officers raided an entertainment complex and rounded up all the foreigners who weren’t carrying their passports. The second story comes from Khao Sod (see here). In this case it was a raid at a nightclub in Pattaya. About 30 foreigners were detained for not carrying their passport and were taken to the police station. In both cases they were released once they could produce their passport. This clearly illustrates that you shouldn’t go too far from where you are keeping your passport safe.
If you are in Thailand at the moment and you have overstayed your visa, my only advice is do the right thing now and get yourself legal. By surrendering yourself at an Immigration checkpoint, you will only face a 500 Baht per day fine with a maximum fine of 20,000 Baht. From 20th March 2016, if you are caught overstaying by even one day, you will face a ban from re-entering Thailand of five years. If you have overstayed by more than one year, you will face a ban of ten years. See full list on the Samut Prakan Immigration website. On the front page of this official website, you will also see a note that says you are allowed to “carry a copy of your passport”. But it is very important that your passport is kept nearby. In addition to a crackdown on overstayers, they will also be more strict with homeowners and hotels who don’t register the arrival of foreigners within 24 hours. That includes your Thai wife if you are married. More details on the SP website linked above.
88 thoughts on “One day overstay in Thailand could mean a 5 year ban”
oh its real… just landed in Australia today after being deported for a 5 day overstay (which i simply put off due to illness, thinking i’d have no issues). a simple passport check resulted in 4 days jail, and almost 5 weeks in IDC, Bangkok, a place you really don’t want to ever end up in, and a 5 year ban…
all for a simply putting my health before an extension and being a mere 5 days over. I too had spent a few years there and have had zero other complications during that period, i have setup my life there and now face the dreaded 5 year ban.
i will be appealing, do the readers know anyone at all that’s had success?
Hey guys, I’m on a ten-day overstay. Can I pay the fine at Poipet (as long as I don’t get caught on the way? Are there roadblocks/checks on the way to Poipet? There weren’t any last time I took a bus that way.
Hi John, it appears you are attempting a boarder /visa run, which may be hazardous with the new visa rules and clamp down.
I was 5 days overstay back in Jan 2017, I managed to make it to the airport without incident – if I was stopped however, by police, I would have been detained for weeks before being deported and banned for five years.
However, having a flight booked and ready to leave I was able to pay 2.500.00 baht fine at the Immigration inside the airport and allowed to leave without any problems.
I would not advise anyone to totally rely this action as it could go horribly wrong – so doing a visa run needs a lot of luck and a strong nerve.
I think the message here is not to overstay, even for one day can be worrying with a five year ban plus a probable stay in the IDC.
Hope you make it through and able to avoid the hassle.
So i got arrested for 2 day overstay at a roadblock on the way to the border to surrender myself and pay my overstay fines . And because i was arrested while on an overstay i have been deported and banned for 5 years .. Imwas on my way to do what the law says and they put up a roadblock checking passports 5 km away from the border… There must be some way of getting back and having my ban lifted .. I have a business a house my girlfriend and my dogs …
English girlfriend and real dogs not strays
Oh no, I’m sorry to hear that. But it seems extreme for only two day overstay. Was it your first overstay?
No it was not my first overstay .. I have lived in Thailand for three years .. And it has happened before that I have overstayed but I have always just gone to the border and pay the fine for overstay .. .. This is my whole life I have nothing anywhere elsewhere … I feel that it is wrong that they can arrest me when I’m on the way to the border .. Which they know because I was in a border run van
It sounds like they looked at your history and decided to ban you. I believe some people have lodged an appeal at the court, but that won’t be easy if you’re not here.
I was not given the option to appeal while I was in Thailand the locked me up and deported me
You have my sincerest sympathies for what has happened. I too am in the exact same boat, except I am 75% through a one year ban, also have everything there too.
I spent the first two months when I was back in the U.K. writing and phoning everyone inc. 2 lawyers, but to no avail at all. You are correct there is no path of appeal. I didnt even get a reply from the embassy.
It was suggested to me that the British press might be a way forward besides helping others that might think twice about investing their life savings or retirement money to live under such a risk in what is a lovely country. It took me 5 years to sell my house in Spain to buy my dream home only to find 2 years later because of an oversight on my behalf re. the 90 day rule, I was banned and fined the max. when I was leaving for a short break back to the U.K. I had at the time my one year visa still in date, but I had not left after 3 months. (I assumed as it was a multiple entry visa this was not necessary) .
I suppose the concern is even when you return one small slip for whatever reason could see one’s self back in worst trouble, like living on a knife edge.
If this new law was supposed to deter ‘the criminals’ from being there why is it that innocent people like ourselves that love the country and have proven this by making such commitments, are not given a chance to speak!
Hi mr Barrow, during second half of 2015 ,I applied for a new south african passport. I still had a 2 month Thai visa but was told to wait 4 months for a new passport. After 2 months I was arrested by immigration, taken to court, paid 2000 bt and was kept in detention until my new passport arrived during dec and flew back to south africa. Could you advise me if I would be allowed back inNov 2017. Thanks JG
I Personally know someone who overstayed 21 days. He got a 5 year ban and is married to a Thai national. Harsh stuff man. They had to move to Cambodia for 5 years and are there already. Real stuff.
Is there any appeal for an overstay and a ban?
A genuine oversight was made and the visa still in date but no exit after 90 days was done.
House owner with responsibilities to maintain there.
Has anybody known an appeal from the U.K. side?
HelloHello I have a Non B visa I was supposed to extend for an year after three month but was missing some documents so I didn’t make to extend I have 15 days overstay my work permit is still valid if i exit for a new not non b and pay overstay do I stand a chance of coming back please reply…..thanks
If your visa has expired then your work permit is also cancelled. However I was in the same situation and overstayed a few days. But no problem as they were aware I was still collecting documents.
is this maximum fine of 20.000 thb is still valid?
Hi Richard, I am on a work visa and non B as I’m married to a Thai and living in Thailand for 10 years. Normally the company is taking care of my visa renewal/90 day, etc however I just realised that my visa actually expired on Feb 7th of this year. If I volunteer myself to Nong Kai border immigration, pay the fine, etc, do you think they will ban me (total overstay around 45 days). I am very concerned as my wife is disabled and I am her primary caretaker.
It’s really at their discretion. Hopefully they won’t. BTW, as your visa is expired, so is your work permit. You’ve also been working illegally.
Thanks Richard, I’ve heard rumours that if you overstay and are applying for a new visa in Vientian that you also require a police report to present to the Thai embassy in Vientian, did you ever hear of that?
No, I’ve never heard of that.
How did I go..am in same Case as yours
just want to pay the fine at the airport and go home!
hi richard if overstay for more than 90 days because i was sick and lose my way back ticket can pay the 20000 at the airport and show the new ticket for the same day? and leave the country?
i dont mind about been ban!
Yes, best course of action is to surrender at the airport on your way out.
hi richard can you tell me where i pay the fine at the airport and if first i check in or i pay the fine first and then make check in?and my flight its at 18pm so what time you think i go to pay the fine? thank you
When you go through immigration (passport control) they will see you overstayed and bring you to a section to pay overstay fines. And get banned if necessary.
thank you Louie,im scared because its the first time that happen to me!so i make check in normal?do you knlw if takes time to pay the fine? because i dont want to lose my flight.
Check in normal. They will notice your overstay but nothing happens there. You proceed as normal to immigration. When you pay the fine its quick. Depends on how long you overstay but short overstay is like 2 mins long maybe 15 to fill out forms and ban you. No big deal man. Dont sweat it. I did this a month ago and had a longggggggggg overstay lol.
thx so much Louie for your advice! im on overstay like 4 month because i was sick and lose my ticket to go back so i wait my family send me,the maximum fine 20000 bath? how long you overstay and what they ask you?
Oh..i think that i must pay the fine first at immigration section before check-in..thanks for your info
I have a nonB visa which expires on 23rd March 2017. My work permit also expires on that day. But I have to stay till 1st of April . If I pay fine at the airport 500b per day will it be okay? Or will they ban me from entering?
I cannot second guess their decision. But it’s in your favor that you surrendered yourself.
So I arrived at Thailand on 24.1 and have my flight out on 23.2, only I forgot to take into about January actually had 31 days in it. I’m not sure does that count as an overstay of a day, or exactly on the day ( as I’m leaving exactly after 30 days). Should I just have the 500 baht ready? Or should I go tomorrow (22nd) to the airport to see how to avoid problems?
Sorry Richard – my email should read [email protected]
I had the problem of overstaying for five days in Jan 2017.
Ironically, the so called hotel tourist adviser informed me that I could pay when I go to the airport which is true – but on the condition you are not stopped by police getting there, which is the risky bit.
Went to the airport early, got myself checked in and paid what I owed – 2500 bhat, the immigration officer appeared quite relaxed about the whole thing – no ban and no nasty stamp.
I guess I was fortunate – sure would not risk doing anything like that again.
But I feel that even their own citizens don’t appear to grasp the the visa issue, and of course, the real danger the wrong information given could lead to an awful time in so many ways.
Rach, im currently overstay here in bangkok for more than 4 months. Is it possible to come back here in bangkok when i go and exit to other country? What are the best option to clear my expired visa?
If you are caught you will be blacklisted for sure. Your only option is to surrender yourself at Immigration at the airport and hope for their leniency.
I found out that I will overstay my 15 days visa for 50 minutes (I have a flight 00:50). Would it be a problem at all if I cross border 2 hours before midnight?
To Andriy: if your flight is at 00:50 then you’ll have to go through immigration and through to the departure lounge anyway before the day is over so I’d imagine it won’t even come up. I’d just get to the airport early at check in as soon as you can (usually you can do this at least 3 hours before a flight right?)
I’m just going to follow up on what happened with our dilemma of having booked the flight the day after our visa ran out from my previous panicky post.
So we were flying out of Chiang Mai airport. They noticed we were a day late. They asked why – because we got muddled up on dates when booking the flights, humans make mistakes! Told us to try to avoid doing it again. Weren’t angry about it at all. Said we didn’t have to pay a fine for ‘one day overstay’ but did write a little note in our passports. We are not overly bothered about the little note because it’s clear that it is only a one day overstay and if it ever comes up at an immigration checkpoint then we can tell them it was a minor accident. And anyway from what I’ve read it’s never an issue. So everything was fine!
I would note that the immigration guard at Chiang Mai airport did mention something about how the rules are different at land crossings. I think he said the fine would’ve been implemented.
Hello, I am currently in Koh Tao and am leaving for Malaysia tomorrow. I won’t cross the border via bus until Sep 3rd and my stamp is good until Sep 2nd. All of these previous posts are involving airports. Whay will one day or just 12 hours overstay at a land border station result in?
Ha any urgent reply is most appreciated. Especially with the recent referendum in Thailand.
Sorry, cannot second guess what the Immigration officer will do as each case is different. But you should be fine with just a one day fine.
Hi! I overstayed 3 days in 2016 (because of a wisdom tooth operation). My visa expired on the 2nd April and I only made it to the boarder in Mae Sai at the 5th April. (I didn’t hear about the new law of 20th March 2016). But they didn’t allow me to leave Thailand for a boarder run. I surrendered and went to the immigration office in Mae Sai. The lady didn’t help me because she didn’t like me. She sent me to Chiang Mai. On my way to Chiang Mai some officers caught me and I was sent to jail. First in Mae Sai, then to IDC Bangkok. After two weeks I got deported. Horrible inhumane experience…violence and poor standards there. Thailand can be so fucked up!
At the airport there was a big problem. They sent me back to jail and I had to wait another two days for another flight out of Thailand. This is where I got told I’d be banned for five years!!!
Hi, we’ve accidentally booked our flights out of Thailand the day after our 30 day visa runs out (the flight is literally 9 hours later!) and we can’t get a refund on the flights.
Will we still just get 500 baht fine hopefully and maybe a mark in our passports for being a day late? Reading the other comments it seems like we shouldn’t panic. But the new regulations don’t seem so clear!
Don’t panic. Crackdown is against criminals. Not tourists like yourself.
I have only been able to find information online regarding the penalties for overstays of 90 days or more. What are the consequences of coming clean for overstaying for, let’s say, 85 days?
Might the lack of this information online be due to the possibility that, if it doesn’t carry a blacklisting threat, it might be seen as a possible softening of these otherwise ruthless measures?
Any insight/answer to the above question in the very near future would be greatly appreciated. I would ask a local immigration officer, if I thought the answer would be relyable, but I’m quite confident that any response I get would differ from that offered by any of her colleagues. I have to wonder if they are told the regulations, or actually instructed to hazard a guess, or perhaps that the majority of them suffer from learning disabilities… Bless!
If you surrender there isn’t a penalty for less than 90 days. But, it should be noted that it is done on a case by case basis. For example, if you have often overstayed or have often done back to back visa runs, the Immigration officer might decide to ban you from re-entry.
Ok so I ended up overstaying 2 days as my original flight was cancelled. Had no problems at the airport and was fined 1000 THB. No mention of any bans and noticed a sign at immigration only mentioned bans if more than 90 day overstay and more severe penalty for been caught rather than handing yourself i .
I have overstayed by one day last year. Somewhere in 2015.
Does that mean that I won’t be able to enter the country when I go on my holiday to thailand next week?
I payed the fine 10000 baht not 500 baht (Guess I got scammed) Oh thailand <3
You will be fine unless they marked in your passport you are blacklisted. Whenever you pay for anything you should ask for a receipt. Also ask for what it is for.
I just realized that when I leave in a few weeks, I will be one day over my 30 day tourist Visa. Should I try to reschedule flights, or just go to the airport and hope it isn’t noticed? .
Many tourists are one or two days over. As long as you surrender at the airport and you aren’t caught then you should be fine. Just don’t go out clubbing if you have overstayed.
Hi Richard, I’m currently in Thailand on a 60 day visa which ends on 7th of August and my flight out is on the 8th of august which was all booked and supplied to immigration when applied for visa.
In theory you shouldn’t have a problem. Just be careful on that last day. If you overstay by less than one day they might not even fine you.
Overstay in Thailand pretty painless.I got through with 4day overstay my 2 friends 2000 baht each.no fuss pay the money at the desk this was Jan 10 2016.
I will be entering Thailand on Visa-on-arrival for 15 days with my family. But my return flight is on the 16th day. Will I be given a visa-0n-arrival? And will I be banned or jailed for the 1 day overstay?
Sorry, I have no experience with a visa on arrival situation. All I can say is that they rarely ask to see the return ticket unless they suspect you are not really a tourist. Also, they won’t ban or jail you for overstaying by a few days if you surrender at the airport on your way home.
I have a tourist visa that finishes on the 22nd but my flight is on the 24th. Is it still possible to pay a 500baht/day fine with no ban as it was previously because I am less than 90 day overstay? Lots of websites are saying different outcomes.
If you surrender yourself after only a few days overstay, you won’t face a ban. They are only doing this to keep bad guys out. Not normal tourists.
“An aquaintance of mine went to the airport a couple of days ago, he paid the fine and received a 5 year ban. He was at least 2 years overstay.”
Wow that’s the first I’ve read about someone getting banned like that. I thought “if you leave before March 20th” you wouldn’t be banned for overstaying.
It really makes me wonder if they are just saying you want get in trouble to flush people out, well knowing that as soon as the people go to leave they will ban them.
An aquaintance of mine went to the airport a couple of days ago, he paid the fine and received a 5 year ban. He was at least 2 years overstay.
he deserves it!!
I can say from experience the headline is accurate. I lived in Thailand for 13 years and overstayed less then 30 days then banned for 5 years, but after 6 months decided to check if there really was a ban at all.
Well I spoke to a friend in immigration hoping to help me grease the wheel so i could return sooner so my Thai daughter could visit her mother from time to time and found out there is no 5 year ban in existence so she told me. If you are banned it is for life. Also if you are caught you will be brought to court and can plead guilty pay a fine and will then need a ticket of departure before you are then delivered to the airport. They will not release you you have to leave immediately on the date you can show proof of a plane departure ticket.
If you are on overstay the best route is to buy a ticket go to the airport pay the fine and take a short trip to Singapore or Laos. On your return even if it’s just a day you will be able to reenter again without issue.
Added note if you are caught on the street the fine is 500 baht for each day on overstay same as if you turned yourself in and an additional 200 baht for non compliance because you got caught and didn’t turn yourself in. Look at the white card of “90 day notice” in your passport it states it there. and they are looking to get every baht from you before departure in the new LOS.
i retired to Thailand 1998 but the last 4 years i have overstay my visa.the reason for that to travel to the boarder was taking me over 22 hours round trip.and i am 70 year old i have been hear 18 years never been in trouble so now with the new law if i arrive at the airport pay my 20.000 baht i will be blacklisted for up to 10 years
I am sorry, but there has been a lot of publicity since November last year about this new law. There was plenty of notice for people to go and do the right thing and become legal before it was too late.
I just found out a month ago about the new overstay laws the reason for that is the newspapers are in Thai and television is in Thai.I only found this out from a guy in pattaya if I had known I would have left the country long before the new law came into force
I watch Thai TV and read Thai newspapers and didn’t see anything about it in advance. However, for ten months it was on the Immigration website in English, numerous bloggers blogged about it and English newspapers wrote about it.
Nothing really new here besides if you “get caught” http://www.samutprakanimmigration.go.th/warning-of-overstay-in-thailand/
What a silly article and title. Trying to get everyone worried if you overstay one day you will be banned for a year (If you get caught and do not turn yourself in).
Seriously title your article better.
Thanks for your feedback. It is a direct translation of the news headline in the Thai media. I just added the word “could” to soften it. There is a grace period at the moment and I am sure they will still have one. But, no guarantees. Immigration officials I spoke to confirmed this headline as accurate.
BTW, the website you linked to is also mine. It is the official website for Samut Prakan Immigration.
Good guys in, bad guys out – that’s so funny. They’re clueless to find any of the bad guys and good guys have long ago stopped going to Thailand. Sorry to break it to you Thailand, but your reputation here in Europe is as a brothel and place to buy counterfeit products. Or to get scammed or killed.
When were you last in Thailand?
Whenever I go to Europe I hear comments like yours; invariably from people who have never been here. I think the sex trade is all most Westerners are interested in hearing and talking about and what the western gutter press rely on to sell their trash.
Is that all you saw when you were here? If so, it’s a real shame, because I’m sure there are just as many ‘oportunities’ for you in your own country, though perhaps not exciting enough for you to notice.
Regarding counterfeit goods: there has been a serious crack-down on counterfeiting in recent years and I think you’ll find that Thailand no longer lives up to the reputation that you believe it has.
Very sad news
Lived in Thailand for more than ten years…never had any problem with either the cops or army….but now it seems like they want to keep long termers out…sad to see the great country become like europe or us…miss the good old days 🙂
I used to ride a motorcycle in Bangkok and the police don’t need an excuse to stop you, especially if you’re farang. Used to get stopped about twice a month for no reason and like Alex, kept the money behind the license. They would pull over about 10 bikes from the front row of traffic lights.
You know, they only do it because people bribe them. If you have really done something wrong, then pay the fine. They cannot give you a ticket for a made up offence as you can complain at the police station when you go to pay. In this case, are you saying that you were wearing a helmet, driving in the left lane only, had a Thai driving license and insurance?
Right, because everyone knows that Thai people follow all driving regulations. I’ve never seen a Thai ride a motorbike in the right line without insurance. 555
Nettoyer la Thaïlande…
Il devrait aller à kanchanaburi plusieurs touriste sans visa, Pour ne pas avoir de problème suivre les lois et respecter les visa, c’est pareille dans tout les pays (pas de visa c’est l’expulsion du pays avec interdiction de revenir pour quelque année)
he should go to Kanchanaburi several tourist without a visa if you want to have any problem to follow the laws and respect the visa, this is parial throughout the country (no visa this is the expulsion of the country and forbidden to return for any year)
good clean up the thailand
I have been stopped numerous times recently (driving a motorbike in Bangkok this happens a lot) and whether it be a fine or bribe I end up paying they have always accepted a photo of my passport on my phone.
Yesterday was a larger than usual 500b backhander but he never even asked for ID, not even my lucense which I always ensure is accidentally on purpose pulled out along with 2x100b notes but this was not enough for him.
So what were you stopped for Alex Judd ? A traffic infringement ?
Driving while being white.
you stay in the same area you before??
If you surrender at an immigration office you are likely to be detained the best way is to fly out and pay the fine at the airport
The law passed in March though – what if they detain you from your flight? My 30 day visa stamp expires the 27th and my flight leaves the 30th. It’s currently the 18th, can I just go turn myself in at immigration or ask for extension?
You can apply for extension for piece of mind (costs 1,900 Baht if eligible). But many people just pay the 500 baht/day fine at the airport. Just don’t get caught!
So my visa ran out on the 26th of december. I had a flight out on the 26th but became very sick and missed my flight. I have been ill for the past couple days. I have booked a flight to Vietnam on the 1st. I understand that i will have to pay a fine for over staying. I have a flight home from bangkok to England on the 12th of January. Am i going to be able to re enter thailand? :/ thanks
my boyfriend went to thailand september 17,2017.toward the end of september he was going to flyout back to UK but had an accident on the way to the airport.he end up in the hospital in a coma for two and a half months.when he came thru his plane ticket had expired and and was refuse to be fiven one for replacement. it took few weeks before i could help get him other his plain ticket my name is Biernes Maturan iam the grirl friend from the Us. anyway now he is ready to fly again January 2,2018 back to Uk.unfortunately forgot to check hi pastport and visa so when he got to the airport handed his passport and visa to the gentleman checking them and found out the visa has expired.what can be done now?he’s been detained at the Imegration detaintion without any money and told he has to pay almost $3000 dollors.why so high? what can he do now.why cant they just deport the old man who still suffering from his injuries. will you please give me information.he has no family he can call only me.Biernes. his name is RUEBEN DONALD british citizen please help us. thank you.