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BANGKOK 17 February 2019 08:12
ubonjoe

New Overstay Rules Announced By Immigration

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... I spent a fair amount of money on that two month vacation and now after 14 trips to the country, getting threatened with these penalties is not appreciated.

Why? You think you may mistakenly overstay again?

Edited by NanLaew
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So it doesn't look like there is a 90 day grace period for those arrested. Caught with a 1 day overstay and it's a 5 year ban!

That's the way I read it also... Pretty HARSH for anyone unlucky to get arrested while on a very brief overstay.

Yes, the reg does say "arrested and prosecuted", not just arrested on overstay. But the way the Thai authorities operate, who knows how that language is going to be used in real life situations.

They could very well take the language literally, and start handing out 5 year bans for any overstay arrests. I guess we'll find out when the time comes.

Edited by TallGuyJohninBKK
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A good way out for some falang who want to escape, overstay get tilac take you to the border get arrested and deported and banned for so many years, goodbye to the leach.

Disclaimer", this is fiction and based on no real person or persons

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So, I have been here 10 years legally and I miscalculate my dates and I am stopped and arrested a few days over. Automatic 5 year ban. Wow a bit harsh but TIT. whistling.gif

Arrested and prosecuted is what it says. Doesn't seem harsh to me that they'd want to ban criminals from the country.

maybe Germany could learn a thing or two... they just want to invite more criminals in don't they?

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So, I have been here 10 years legally and I miscalculate my dates and I am stopped and arrested a few days over. Automatic 5 year ban. Wow a bit harsh but TIT. whistling.gif

Arrested and prosecuted is what it says. Doesn't seem harsh to me that they'd want to ban criminals from the country.

The key does seem to be the "and prosecuted" part. If they don't prosecute and just let you clear the situation up/leave the country with only a fine, then no ban would probably be applied. We read everyday in news media that someone is initially arrested for something with the possibility of a fine and jail time, but all too often the charges are dropped or the person is let off with a lite fine...or even sometimes with just an apology. Time will tell how the new rules are truly implemented.

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Come 20 Mar 16 the bell will toll for overstayers with over a 90 days overstay for those who surrender themselves, but for those who get arrested it appears there is no 90 day grace period if I'm reading the announcement right.

If I was an overstayer of over 90 days I would definitely exit Thailand before the rules go into effect 20 Mar 16 in order to avoid a long ban on reentry. Get legal on your stay or possibly say goodbye to Thailand for a year (or many more depending on overstay length) once identified as an overstayer.

Actually, I'm somewhat surprised the govt is actually putting it into effect but it does appear it's going into effect 20 Mar 16.

The much lamented 'grace period' started when they published the statement that ubonjoe has kindly posted here. Those with a penchant to ignore the way the wind is blowing have more than 60 days to get legal or face the consequences.

I would hope that in-flight announcements on inbound flights will include reference to the new overstay penalties, similar to the drug penalty announcements that neighboring countries mandate arriving airlines to make. The landing cards that every arriving passenger receives AND SIGNS should include statements about the perils of overstaying and require the passenger SIGN IT as well. This is similar to the short declaration that passengers arriving in the US without a visa have to sign. Handily enough, there's already a blank page on the current landing card so the new declaration could easily be added.

There's a 'must leave by' date stamped in the passport and a signed acknowledgment of the penalties on the landing card. Is it really too bad if anyone claims to have overlooked these and gets banged up?

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Would this affect 90 day reporting by people on retirement visas in any way?

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Strange the why they use the word ' Aliens ' sound like we all some kind of E.T's who have all came from mars to

settle in Thailand, use of foreigners, new comers, noncitizens, temporary and permanent visitors will sound

a lot better....

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elviajero, on 12 Jan 2016 - 08:54, said:

So it doesn't look like there is a 90 day grace period for those arrested. Caught with a 1 day overstay and it's a 5 year ban!

I don't think it would be a 5 years ban, many tourists are unaware or can make a mistake of calculation with the planes, and could have 1 or 2 days overstay...in 12 years, it happenned once to me, and the 1st day overstay was "free of charge", then, 500 baht fine from the 2nd day; it is not mentionned here, but I doubt they would renounce to those financial fines...!!

Edited by cedel

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When caught with overstay a judge will make the decision on the fine and the ban. That is where the prosecuted term comes into play.

I don't think they would ban a person for just a few days of overstay unless they were a repeat offender.

Technically speaking, if you go before a Judge, then that means that you have been 'Prosecuted'. Maybe there is some leniency for the Judge and/or Immigration as to whether they will apply the ban, but that isn't clear.

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