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ubonjoe

New Overstay Rules Announced By Immigration

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Real simple. Do it legal and you don't have a problem. Their country, their rules.

I didn't know Thailand was collectively owned...I had the impression it was just a few 'good men' telling everyone else what to do...

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I think you have all missed a good point here "immigration confirm new overstay rule".

When someone in authority stands up and says this is now law not immigration tital tattle I'll read it until then it's assumptions. Dont bother giving me chapter and verse and endless links up to now it is not law end of story

Edited by Sutty
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JUST TO RECONFIRM, YOUR 90 DAY REPORT STARTS FROM WHEN YOU ENTER/RE-ENTER THE COUNTRY

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Nothing black and white here. Nothing...

Forgiveness is just an ATM away............

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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.

Or just buy a new passport. Chipped and everything. Even advertised in the BP month or so back coffee1.gif

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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.

It is indeed not mentionned, but I doubt that they would renounce to the 500 baht per day fine...at least for the first few days or weeks...and by the way, there was a "grace" period of 1 day, it was free of charge, what about now ? Sometimes a tourist could make a mistake of 1 day calculating by month, or maybe not take into account the day of arrival as nr 1, but calculating from the day following his arrival in the kingdom...

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Has this been published in the Royal Gazette and thus making it a law?

It is a ministerial regulation not a law. The reason for it not starting until March is for the 60 day requirement from the date it was published.

A couple of relevant observations here;

If its a ministerial regulation and not a law, then how could it be administered with any lawful relevance?

Even so, March 20th is 60 days hence from Jan 23rd, which doesn't occur for another 11 days. Does that indicate some anomaly or is the March 20th date a discretionary "buffer" date applied by the ministry?

Despite this prospectively being only a ministerial regulation and not law, - that probably would make no difference to the overstayer that voluntarily departs the country after March 20th and receives a red stamp ban from the immigration officer who is simply following his directives and as far as he's concerned it "is" law or at least lawful enough having come from the superior officers of the Immigration Bureau.

Any subsequent attempt to board a flight to Thailand by the overstayer with an annotated ban would fail, and thus the significance of whether the ban was lawful or simply a ministerial regulation would make zero difference to the person banned!

My point being,.. whether or not this becomes a law on March 20th won't make any difference to voluntary departers who will receive bans upon exit by immigration officers who are simply doing their job. It may have some relevance to those being caught and prosecuted who subsequently go before a Thai judge, who then one would assume is obligated to act according to the law and not to ministerial or bureaucratic policy.

Your thoughts on this Ubon Joe?

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At least we can get visas to Thailand quite easily so that we can be here legally!
One of my Thai friends and his family (3 people) applied for tourist visas to US. They wanted to visit his sister as she is married to an American and she is also a neutralized US citizen. My friends owns a pig farm (1,400 pigs), a pharmacy and my friends wife is a nurse at the local hospital but still they were denied visas by the US embassy in BKK because as they only had 900,000 Baht in the bank and thereby the embassy deemed them to be going to US for work...

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I think you have all missed a good point here "immigration confirm new overstay rule".

When someone in authority stands up and says this is now law not immigration tital tattle I'll read it until then it's assumptions. Dont bother giving me chapter and verse and endless links up to now it is not law end of story

Great clickbait though thumbsup.gif Again coffee1.gif

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You are TOTALLY wrong with your comment on the repercussions of a US overstay. In my case; an ALLEGED overstay, I have resigned myself to the fact that I will receive an unpleasant 'secondary inspection' every time I arrive in the US in perpetuity. I am also banned from using the visa waiver system; therefore I need a visa for each and every US entry. They are not legally bound to share this overstay evidence with me or my attorney; the onus is on me to prove that I didn't overstay. This dates back to 2002... about 4 passports and several hundred boarding passes ago.

Imagine what the 'TV grumpies' would make of being pulled up each and every time they enter LOS?

Nothing tall or equestrian about it.

So you are not banned and have been able to go back "several hundred" times since then?

Like I said you are not barred if you overstay in the US less than 180 days you get a overstay stamp in your passport meaning the officer at immigration will pull you over. How is that worst than an outright ban?

You also miss understood the TV comment, they aren't complaining it's too hard, they are wishing people with two days overstay get the ban, they would welcome people getting pulled over.

Edited by firestar

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A good friend (IT developer and working for a university in Bangkok) was arrested in October last year on his way to Vientiane for overstaying his Visa by 2 hours. As he was born in Luxembourg with both parents having the Cuban nationality, Only if 1 of the parents is Luxembourgisch, you can have the Luxembourgisch nationality. For import it is impossible. He was send to Cuba, had to pay his flight himself, what was pretty expensive (150,000 THB) by Air China to Beijing, Havanna. Right now he's in Luxembourg with a big red stamp in his Cuban passport saying forbidden access to Thailand or its properties (airports) till November 2020 !!! So the 5 year rule was there already in November last year.

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JUST TO RECONFIRM, YOUR 90 DAY REPORT STARTS FROM WHEN YOU ENTER/RE-ENTER THE COUNTRY

It used to be.

I re-entered Thailand after a 6 week stay in Europe. At arrival the immigration officer even told me that I had to report myself at Immigration in Wattana. I asked him and later also in Wattana if the 90 days didn't start at the airport. They denied because my 90 days weren't finished when I arrived back in Bangkok. If I re-entered after my 90 days were valid, it would start at the day re-entering. It didn't cost me anything else than 3 hours for going to Wattana.and back.

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Seems pretty simple to me.
Don't over stay your visa!
I don't know of many other countries where people seem so relaxed about over staying a visa and seem to get angry when they are penalised for doing so.

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About time! Adults need to begin to act like adults and follow the rules....even though the rules are quite 'flexible' in Thailand.

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