Consequences of overstaying your visa in Thailand
Find out what happens if you stay in Thailand past your visa expiration date.
What is visa overstaying?
Visa overstaying in Thailand or staying beyond your entry stamp is your responsibility to correct the situation. If you overstay for a longer period, such as 1 week or 1 month, you must pay a fine before leaving the country. The easiest way to handle this is to pay when you fly out.
Explain your situation to the immigration officer at the airport, and they will direct you to a nearby counter where you can pay the overstay fee. Ensure you have sufficient funds to cover this. If you do not have enough money, they will place you in a holding cell until you can raise the funds to pay.
Key Points
- Visa overstaying in Thailand is punishable by a daily fine of 500 Baht.
- Children under the age of 15 are not subject to an overstay fine or a travel ban.
- Overstaying stamps would mark you as an “undesirable alien,” making travel and entry into other countries even more difficult.
Is overstaying in Thailand legal?
Visa overstaying in Thailand breaks the law. If you overstay for a short period of time, you will pay a fine. However, overstaying for more than 90 days commits a serious offense that will lead to deportation from Thailand and a ban from returning. The length of the suspension depends on how long you have breached your visa.
If an Immigration officer finds you overstaying your visa and you cannot pay the fine or have a long overstay, they can send you to prison until you obtain the funds to pay your fine.
Overstaying rules for children
Children, regardless of age, should have a valid visa and should not stay past the expiration date on their permission to stay stamps. However, children under the age of 15 are not subject to an overstay fine or a travel ban.
This does not mean that children are able to visa overstaying in Thailand or, worse, fail to obtain the proper visa.
The best solution is to avoid getting yourself in this situation so you better keep in mind the expiration date of your stamp.
Fines and penalties for visa overstaying
1. Visa overstaying in Thailand is punishable by a daily fine of 500 Baht. Overstay visas are marked on the passports of those who have overstayed their visas. Overstaying (40 days or more) brings a maximum fine of 20,000 baht. Fines may be collected at the Thai Immigration Bureau, the Immigration Office at Suvarnabhumi Airport, or other departure points.
2. Overstaying for more than 90 days results in a one-year ban from Thailand, with the duration of the violation increasing. An overstay of 5 years or more on a Thailand visa will result in a 10-year ban from the country.
3. If you are physically caught in the act and convicted, the penalties become more serious. Visa overstaying in Thailand for less than a year will result in a five-year ban, while those who stay for more than a year face a ten-year ban.
4. Overstaying a tourist visa in Thailand for an extended period of time will result in prison time and deportation on the offender’s own dime.
5. When visiting Thailand, it is vital to bear in mind the approved stay’s expiration date. If you have already overstayed for whatever reason, you can make arrangements to leave Thailand before the order takes effect.
| Overstay Duration | Penalty |
| Less than 90 days | 500 Thai Baht/Day (max 20,000 Thai Baht) |
| More than 90 days | 1 year ban + 20,000 Thai Baht fine |
| More than 1 year | 3 years ban + 20,000 Thai Baht fine |
| More than 3 years | 5 years ban + 20,000 Thai Baht fine |
| More than 5 years | 10 years ban + 20,000 Thai Baht fine |
| Caught (1 day to 1 year) | 5 years ban + 500 to 20,000 Thai Baht fine |
| Caught (more than 1 year) | 10 years ban + 20,000 Thai Baht fine |
Overstaying for more than 90 days is a serious offence.
How to make sure that you do not overstay in Thailand
Knowing what kind of visa you have, how long it is valid for, and how long you can stay in Thailand is crucial to preventing overstaying. The following list of popular visa categories for Thailand includes the typical length of each visa:
Visa exemption (Visa-Free Entry): Citizens of many countries can enter Thailand without a visa for tourism and stay for up to 30 days (by air) or 15 days (by land).
Tourist visa (TR):
- Single-Entry Tourist Visa (SETV): Typically grants a 60-day stay which can be extended once by 30 days at a local immigration office.
- Multiple-Entry Tourist Visa (METV): Valid for 6 months, allowing multiple entries, with each entry permitting a stay of up to 60 days. Each stay can also be extended once by 30 days.
Non-Immigrant Visa (e.g., Business, Education, Retirement): Generally grants a 90-day stay. Extensions or conversions based on the purpose of stay are possible, e.g., a retirement visa can be extended annually.
Visa on Arrival: Available to nationals of certain countries and allows for a 15-day stay, non-extendable.
Note: Always check the latest visa regulations as they can change.
Steps to avoid overstaying
Use the date: When you arrive, make a note of the entry date and the longest stay allowed by your visa or stamp indicating exemption from visa requirements.
Verify entry stamps: Verify that immigration officers have accurately stamped your passport with the right amount of time to remain.
Count your days: Keep a log of the number of days you spend there. Reminder alerts and apps on your phone can be helpful resources.
What to do when you unintentionally overstayed?
If you overstay in Thailand, resolve the situation as soon as possible. When you arrive at immigration, you will need to pay a nominal fine of 500 baht for each day you have overstayed. You can settle this in less than 10 minutes, with no further implications, provided you have not overstayed multiple times before.
Supposing that you are in Thailand for more than a week over your visa, leave as soon as possible, ensuring you have the necessary fine in cash and avoid getting caught. If you have overstayed for more than 90 days, obtain legal advice immediately and plan to leave the country quickly, or risk being banned from returning for a set period.
Outcomes for overstaying your Thai visa
Many view the overstay warning as a more strict approach to addressing the issue, as violators will now be banned from entering Thailand for 1 to 10 years, depending on the length of their overstay. For example, if you are overstaying visa in Thailand for more than 3 years but less than 5 years, the period of banning from re-entering will be 5 years.
Please be aware that repeated overstaying will lead to serious consequences. If you have a history of overstaying, your passport could be stamped to indicate you are in violation of Thailand’s immigration laws and regulations.
This stamp would mark you as an “undesirable alien,” making travel and entry into other countries even more difficult than it should be.