# visa overstay



## duncbUK

I leave by train on the 9th (the day the visa expires), but cross the border into malaysia in the early hours of the morning on the 10th.
From your experience, will this be an issue with immigration?
Thanks


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## Song_Si

Hi - I have no personal experience of this, so can only go on what I've read, this being that the first day over you _may not_ be charged an overstay fee, any days after that the fee is 500 baht per day up to a maximum of 20,000b.
As with so many things . . . depends on which Immigration office/officer, as a suggestion have your 500b note ready 'just in case', no point trying to argue.
Out of interest - are you taking the train into Malaysia? I want to visit George Town, Penang, again and thought next time I'd go there by land.


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## duncbUK

Hi and thanks.
I am going to geogetown, then KL. Yes I am taking the train- approx 1100 baht, leaves at around 3pm, arrives around 1pm the next day.


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## Song_Si

^ I spent a week based in George Town in March this year, nice place, and have ideas of going there before or after a trip to KL in October. The ferry from Butterworth-Georgetown is free one way, 2r 20b the other (can't remember which way is the free one) and the bus service around Penang is very good (save your small money for bus fares as they don't give change), there is so much within an easy walk in GT itself, good food/cafes.


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## duncbUK

The ferry is 1.2 ringets going to georgetown and free going back.

I changed my ticket and left on the 8th to arrive on the 9th to I would not overstay my visa. It was only when the immigration official checked my passport he (and I) saw it expired on the 7th not the 9th so a 2 day overstay got me a 1000baht fine.

I queried if this would cause a problem in the future he said with a smile "2 days no problem, 2 weeks no problem, 2 months no problem, if you can pay, overstay"

not sure if its true, but quite an ammusing guy




Song_Si said:


> ^ I spent a week based in George Town in March this year, nice place, and have ideas of going there before or after a trip to KL in October. The ferry from Butterworth-Georgetown is free one way, 2r 20b the other (can't remember which way is the free one) and the bus service around Penang is very good (save your small money for bus fares as they don't give change), there is so much within an easy walk in GT itself, good food/cafes.


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## surpoob

I have friends who have overstayed a couple of days more than once and it was no problem.


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## duncbUK

So I guess it depends on the mood of the imigration official?


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## Mweiga

duncbUK said:


> So I guess it depends on the mood of the imigration official?


Immigration officials generally stick to the rules but can be flexible or not depending on the individual , how serious your "crime" is and your rapport with him or her.

A couple of years ago I made an immigration transgression by missing a 90 day reporting - I genuinely thought you didn't need to do this if you were renewing a one-year non-imm visa at the same time. The official saw it was a misunderstanding of the rules and carefully explained that the 90 day reporting is a separate process from visa renewal and must be done every 90 days regardless - he then invited a 200 baht contribution to his evening beer fund and everybody was happy. Another official might want to stick to the rules and slap a hefty fine on you.


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## alaia

duncbUK said:


> The ferry is 1.2 ringets going to georgetown and free going back.
> 
> I changed my ticket and left on the 8th to arrive on the 9th to I would not overstay my visa. It was only when the immigration official checked my passport he (and I) saw it expired on the 7th not the 9th so a 2 day overstay got me a 1000baht fine.
> 
> I queried if this would cause a problem in the future he said with a smile "2 days no problem, 2 weeks no problem, 2 months no problem, if you can pay, overstay"
> 
> not sure if its true, but quite an ammusing guy


Interesting... so i wonder if you're willing to pay approx $20.00 a day you can stay longer without a visa...expensive but..still might be less than some places in the US even with the fine...


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## Song_Si

^ that may work if you are dealing with Thai Immigration on a voluntary basis.

Thai Police and a person without a visa can be a very different matter - have a Google on _Thailand Immigration Detention Centre_ - it looks less than appealing to me.

from the US Embassy (Bangkok) website



> If an individual does not depart Thailand prior to expiration of his/her airport permit or visa, the individual is in the country illegally. In order to depart Thailand, it will be necessary to pay an overstay fine. The fine for overstaying a visa is 500 Baht per day, up to a maximum of 20,000 Baht. The fine is payable to the Immigration Bureau, the Suvarnabhumi Airport Immigration office, or other departure point.
> 
> Thai police have been known to sweep areas frequented by low-budget travelers and arrest those who have overstayed their visas. Those arrested may be held in the Immigration Detention Center until they can pay for their fines and pay for tickets out of Thailand.
> Those who overstay their visas for more than 200 days may be required to serve time in the Immigration Detention Center before they are deported. It is highly advisable to avoid visa overstays.


and this from Thai Govt tourism site



> Some travelers may tell you that overstaying your visa by a few days isn’t a problem and that you’ll just have to pay a fine of 500 baht a day.
> 
> While it is true that you will just be fined if you turn up at the airport or border with an expired visa, if you are discovered with an out-of-date visa in any other circumstances you will be arrested and detained at the Immigration Detention Centre - an exceptionally grim place which Amnesty International has been campaigning to have closed for a long time.


A point to consider is how the USA is likely to treat an overstayer/person without valid visa, and why Thailand should be any different.


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## wazza

Hi last year I overstayed a day due to the old forgot to carry the one thing in the 31 day month (all ways a trap for the novice like me ). The officer just looked at me ,smiled and said to his mate something in thai pointed to the desk in the corner I sat down with a silly me smile paid the fine 500bht got the stamp and left ,have been back 3 times and not a word said,( i think he said :- got another dumb falang or beers are on me tonight )maybe .


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## stednick

My question to all is why take the chance? What possible benefit outweighs the potentially serious consequences. As a visitor in a Foreign land you must comply with their laws. God forbid you get caught up in a political upheaval, or by plain old bad luck the authorities decide to make an example of you. 

Why would anyone risk their freedom?


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## joseph44

If you do have one day overstay, the fee will be waived (willbe!!).
If you do have +1 day overstay, the overstay fee is THB 500 per day and the first day will be charged too!!

THB 500 per day or a maximum of THB 20,000 may be not that much, until you get caught at some police-checkpoint.


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## cooked

there are guys around that have overstayed more than a year and then paid 20 000 Baht fine. I wouldn't count on it as a way of life though, things seem to slowly being tightened up.


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## Song_Si

^ yes, that is all very well if they are at an immigration office or airport.

I'm now in my third year of living near the Cambodian border, we have three permanent military checkpoints between home and my partner's farm 200km north, plus random police ones at different places/times of day; few foreigners in these parts and we are regularly stopped for ID check - both of us (they think she_ 'doesn't look Thai'_) - and see groups of mainly Cambodians who have been caught without correct papers, made to sit in squat position in lines in the full sun till a vehicle arrives; have had the same ID check for every passenger on the bus from Bangkok and again had people without their papers marched off the bus. Last year when there was 'tension' over the Preah Vihear occupation the checks were more frequent.

The way some of the Army guys check - slowly and thoroughly - I wonder if they may get a pay bonus if they catch a farang.

If I had no visa/expired visa I don't see how, or why, I would be treated any differently to anyone else they catch.


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## cooked

" Song Si: yes, good point.


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## stednick

*Overstay Attitude*



Song_Si said:


> ^ yes, that is all very well if they are at an immigration office or airport.
> 
> I'm now in my third year of living near the Cambodian border, we have three permanent military checkpoints between home and my partner's farm 200km north, plus random police ones at different places/times of day; few foreigners in these parts and we are regularly stopped for ID check - both of us (they think she_ 'doesn't look Thai'_) - and see groups of mainly Cambodians who have been caught without correct papers, made to sit in squat position in lines in the full sun till a vehicle arrives; have had the same ID check for every passenger on the bus from Bangkok and again had people without their papers marched off the bus. Last year when there was 'tension' over the Preah Vihear occupation the checks were more frequent.
> 
> The way some of the Army guys check - slowly and thoroughly - I wonder if they may get a pay bonus if they catch a farang.
> 
> If I had no visa/expired visa I don't see how, or why, I would be treated any differently to anyone else they catch.



It is unfortunate that an attitude of being able to buy your way out of a visa overstay exists. Overstaying a visa is a criminal violation of a country's law. It can result in very serious consequences including fines, incarceration, deportation and blacklisting/banning. 

As reported by Song Si, fixed and random police checkpoints do exist. I have had my papers checked several times during my visits and travel in Thailand. My papers have always been in order. I will not risk my freedom. 

As Song Si said voluntarily leaving Thailand after overstaying a visa, at customs on a border exit point, may result in "only" a monetary fine. Should you be "caught" in Thailand without proper paperwork, you are an illegal immigrant and you will be treated as a criminal. Overstaying your visa will fall into this category.

The only thing you can count on is change. It will not surprise me when an "out-of-the-blue" incident occurs that causes the Thai authority's to seriously crackdown on overstays. With possible long term consequences. Note that in the USA overstaying a visa results in a three-year to ten-year ban on reentry. 

Bad luck should you overstay and be caught in a random paperwork/visa sweep based on an underage drinking crackdown, motor vehicle roadblock, foreign dignitary visit, or should you be involved in a motor vehicle accident or medical emergency. Do NOT risk the potential consequences of a visa overstay.


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## TomTao

My parents just flew back to Australia, visas expired the day before they flew, no charge for overstay, when they arrived on the 2nd of March they put on thier arrival forms that they would be departing on April 1st, the immigration officer gave them visas expiring March 31. I suppose it would also depend on what departure date you put on your arrival card, if you choose to stay one day longer than you told immigration on your arrival, then chances are you will be charged for overstay, if however you were given a visa expiring one day before the departure date on your arrival card, then like my parents you may be ok, but as already advised have the overstay fee handy just in case.


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