For a variety of circumstances, people may overstay in Thailand. Some foreign nationals do so accidentally. Most of the time, it is due to miscalculation of the number of days on their visa. It exceeds in comparison to the length of their stay, or they simply forget their visa expiration date. Some may be due to their engagement in their business or work in Thailand.
We strictly discourage unlawful overstay in Thailand. But if you do find yourself in Thailand with an expired visa, it is critical that you act prompt.
Overstaying is the act of staying in Thailand for longer than the time period specified on your visa. For example, suppose you enter Thailand on a 60-day tourist visa on September 1st. Keep in mind that your visa will expire on October 29th of the same year. Therefore, your stay in Thailand beyond October 29th will be an overstay, which is an unlawful activity. To stay more, you have to renew or extend your Thai Visa, or depart from and reenter Thailand.
When in Thailand, you are fully responsible for departing or extending your visa. If you are detected not doing so, you may face legal consequences, including imprisonment.
If I overstay in Thailand what will happen?
Overstaying your visa in Thailand is illegal, even if it is only for one day. If you overstay your visa in Thailand, you will be liable to pay fine. Additionally, you may find yourself in a Thai immigration cell, after which you could be deported or imprisoned in Thailand.
If you are caught overstaying a foreigner in Thailand, you will be detained and punished. However, if you leave Thailand as an overstaying foreigner without being caught, you will only be fined. Additionally, you may receive a ban from re-entering Thailand if you exit through immigration. In this case, and you will not be face imprisonment.
Outside of international airports, immigration officers conduct random checks on foreign nationals. These are the spots where you will fall in the clutches of Thai law. Therefore, to prevent yourself from detainment and imprisonment, do not overstay in Thailand.
What happens if I get caught overstaying in Thailand?
You will find yourself in an immigration prison if you are arrested before reaching an immigration post. Please note that Thai prisons are filthy, dangerous, and unpleasant to be in. To come out of this plight and depart for your country, you’ll need aid from friends and your country’s embassy. You will also need assistance of some local Thai immigration lawyer.
Severity of the punishment is on the basis of on the length of your overstay. Additionally, you may receive a ban from returning to Thailand. You may obtain a red stamp indicating that you have violated Thai Immigration Law. This will influence future visas and visits to Thailand, as well as visas and travel to other countries.
If you overstay your visa for a certain period of time, you may get the status of “Persona Non Grata,”. This means that you cannot enter Thailand for the rest of your life. Your name will be in the infamous travel ‘Black List,’ making international travel more difficult in the future.
Anticipate no special treatment, pity, or leniency when breaking immigration laws since Thai immigration can be very tight and difficult to deal with. They normally follow the rule book in all circumstances, so don’t expect any special treatment, sympathy, or leniency when breaking immigration regulations.
What penalties can I face?
Overstaying is punishable by a fee of 500 Baht each day, with a maximum fine of 20,000 Baht (when overstaying 40 or more days). Overstaying for a long period of time (90 days or more) might result in a ban from Thailand.
Following are the types of ban that you may face if you try to overstay in Thailand unlawfully:
| When caught at Airport while Leaving Thailand | |
| Overstay Period | Penalties |
| 90 Days | 1 year ban from Thailand |
| 1 Year | 3 year ban from Thailand |
| 3 Years | 5 year ban from Thailand |
| 5 Years | 10 year ban from Thailand |
| When caught outside an International Airport while Overstaying | |
| Up to 1 Year | 5 year ban from Thailand |
| More than 1 Year | 10 year ban from Thailand |
What should I do if I find myself overstaying in Thailand?
If you find yourself in Thailand for an extended period of time, you should endeavour to fix the situation as quickly as feasible.
If you are only staying in Thailand for 2 or 3 days and are leaving through an international airport, you should be OK to leave as usual, avoiding any conflicts with Thai authorities or police checks. When you arrive at immigration, you will be asked to pay a modest fee (500 baht for each day you have overstayed), which should be addressed in less than 10 minutes with no additional consequences (as long as you have not overstayed several times before).
If you are overstaying in Thailand for a few days but still have a few days before leaving, your best bet is to go to the local Thai immigration office and explain your case while paying the proper fines. It’s possible that you’ll be able to request for a visa extension to cover the remainder of your stay.
If you find yourself in Thailand for more than a week, you should leave as soon as possible, making sure not to get caught and having the proper fine in cash on hand.
If you find yourself in Thailand after overstaying for more than 90 days, you should obtain legal advice immediately and prepare to leave the country as soon as possible, or risk being barred from returning for a specified length of time.
The Bottomline
The natural beauty of Thailand and hospitality of the people of the Kingdom can very likely make you feel at home. Your business or work needs may compel you to stay in Thailand for a longer duration. But, however genuine your reason may be, if you are not informing the authority about your overstay, you are committing an immigration crime.
If you are proceeding lawfully, it is excellent. Else, you will need local immigration legal help. In case you land in any such issues, feel free to email us at [email protected] to seek our expert advice and help. You can also reach us out for excellent Visa renewal services.
