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?

When a visitor stays in Thailand for longer than their visa or entry stamp allows, this is known as overstaying. It is your responsibility to ensure that you do not overstay your visit to Thailand.

If you have a longer overstay, such as 1 week or 1 month, you must pay a certain amount of fine before leaving the country. It is easiest to pay when you fly out. Explain your situation to the immigration officer at the airport, and you’ll be directed to a nearby counter where you can pay the overstay fee. Please make sure you have sufficient funds to support this. If you do not have enough money, you will be placed in a holding cell until you can raise money to pay.

Key Points

  • Overstaying is punishable by a daily fine of 500 Baht.
  • Children under the age of 14 are not subject to an overstay fine or a travel ban.
  • Overstaying stamp would mark you as an “undesirable alien,” making travel and entry into other countries even more difficult.

Is overstaying in Thailand legal?

Overstaying your visa is against the law. If you overstay for a short period of time, you will be fined. However, overstaying for more than 90 days is a serious offence that will result in deportation from Thailand and or a ban from returning. The length of the suspension is determined by how long you have been in breach of your visa.

If you are found overstaying by an Immigration officer and are unable to pay the fine or have a long overstay, you can be sent to prison until you get 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 14 are not subject to an overstay fine or a travel ban.

This does not mean that children are allowed to overstay their visas 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. Overstaying a Thai visa 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. Overstaying a Thai visa 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. This can be accomplished by surrendering to authorities at any Thai Immigration checkpoint and paying the overstay fee.

Overstaying for more than 90 days is a serious offence.

What to do when you unintentionally overstayed?

If you find yourself overstaying in Thailand, you should try to resolve the situation as soon as possible. When you arrive at immigration, you will be asked to pay a nominal fine of 500 baht for each day you have overstayed, which can be settled in less than 10 minutes with no further implications as long as you have not overstayed several times before.

If you are only staying in Thailand for 2 or 3 days and are leaving via an international airport, you should be safe to leave as normal, as long as you avoid any confrontations with Thai authorities or police checks. 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 necessary fine readily available in cash. If you find yourself in Thailand after overstaying for more than 90 days, you should obtain legal advice immediately and plan to leave the country as soon as possible, or risk being banned from returning for a set period of time.

Outcomes for overstaying your Thai visa

Thai Immigration issued an announcement about the latest overstay rules in Thailand. The advisory took effect on March 20, 2016, as directed by the Ministry of the Interior.

Many see the overstay warning as a more strict approach to dealing with the problem, as violators will now be blacklisted and banned from entering Thailand for 1 to 10 years, depending on the length of their overstay.

Please be aware that repeated overstaying will result in serious consequences. If you have a history of overstaying, your passport could be stamped declaring you 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.

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