THAI IMMIGRATION INTRODUCES JAIL TIME FOR OVERSTAYERS

[Admin]

THAI IMMIGRATION INTRODUCES JAIL TIME FOR OVERSTAYERS

VISA OVERSTAY: The Untold Story
Jail time for foreigners

BANGKOK (thaivisa.com): -- Allegedly tired of overstaying foreigners arriving at Suvarnabhumi airport with a valid air ticket and the maximum fine of 20,000 baht in their hands, the Immigration Department is now arresting and jailing people before permitting them to leave Thailand.

Anybody who has overstayed a valid visa in Thailand beyond a period of six weeks (42 days) is no longer permitted to simply turn up with the cash and an air ticket and leave the country after filling in a few forms and handing over the wedge.

For many years now it has been possible for people on long overstay to simply gather together the maximum fine under law of 20,000 baht, purchase an air ticket, travel to Suvarnabhumi and leave Thailand after completing a few formalities. With a change in the command at the top of the Immigration Department ladder this has now altered and anyone whose overstay is 42 days or longer is likely to be arrested.

People on overstay of less than three weeks (21 days) are still able to arrive at the airport with the correct amount of folding stuff, pay the fine due and leave Thailand.

The grey area is for those whose overstay falls in the period between three and six weeks; that is, between 22 and 41 days. They can potentially have a problem. It is being suggested anyone whose overstay falls into this time frame should be aware that it will be up to the Immigration officer and his superiors at an airport or land border crossing to decide whether to detain the recalcitrant foreigner or permit him, or her, to leave unhindered, after payment of the overstay fine has been levied.

As with many legal situations in Thailand involving foreigners and money, the rules tend to bend with the circumstances, and the mood of the relevant official or officials.

Nonetheless, it is being stated quite unequivocally that anyone on overstay exceeding 42 days (six weeks) will be arrested. They will then spend at the very least one or two days behind bars while waiting for the necessary paperwork to be processed. Most will eventually spend some time inspecting the stripy sunlight at the Immigration Detention Centre (IDC) in Bangkok.

CLEAR UP OVERSTAY IN BANGKOK

Thaivisa.com has been told it is better to clear up long overstay issues in Bangkok rather than in Phuket, Pattaya or elsewhere.

SEEK LEGAL ADVICE AND ASSISTANCE FROM YOUR EMBASSY

While embassy officers cannot circumvent or interfere in the process of Thai law they can advise overstayers on the best course of action and provide assistance for their nationals while in custody.

For full story see Edition 1 of Pattaya One out 1 October:
http://www.pattayaone.net/

SUMMARY OF CURRENT OVERSTAY REGULATIONS IN THAILAND:

Under the Immigration Act 2522 overstay is punishable by a jail term of 2 years and/or a fine of maximum 20,000 baht.

"Section 81 : Any alien who stay in the Kingdom without permission or with
permission expired or revoked shall be punished with imprisonment not exceeding
two years or a fine not exceeding 20,000 Baht or both."

* Overstay 1 - 21 days: Pay a fine 500 Baht/day at Airport/land border
* Overstay 22 - 41 days: Pay a fine 500 Baht/day, possible arrest/detention, deportation, possible blacklisting
* Overstay 42 days or more: Pay a fine up to 20,000 Baht, arrest/detention, deportation, possible blacklisting


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[jamesthailand]

I can't see any wrong with these rules. I don't think they are new either.

If you can't keep up with the visa rules and timing until you need to overstay your visa period.......what are you doing here at all! 

[Admin]

US Woman Held for 'Visa Run' Overstay Blunder
By Alan Morison

Thursday, October 14, 2010
UPDATE

The American who unexpectedly found herself arrested and detained in Bangkok signed in at Phuket's On On Hotel in Phuket Town simply as ''Nick.'' A spokesperson at the hotel said today ''Nick'' was a friendly guest who had been staying there about two months. She's aged 20-30, with braided hair.

Original Report
AN AMERICAN woman tourist is being held in detention in Bangkok because she was unable to pay her overstay fine on a ''visa run'' from Phuket to Ranong, on the border with Burma.

Precise circumstances of the case are being clarified, but it appears the woman either misunderstood the conditions of her permission to stay in Thailand or failed to realise there was a 500 baht a day penalty for overstaying.

As a result, she was arrested by Immigration officials when she attempted a one-day ''visa run'' from Phuket to Ranong and was unable to pay the overstay fine.

The woman, a backpacker and yoga practitioner, has since been transferred to the Bangkok immigration detention centre, leaving her possessions at the hotel where she was staying in Phuket City.

The US embassy has made arrangements to have the woman's belongings transferred from the hotel, where the management held her luggage for a week.

The incident comes as a dramatic reminder to travellers to be aware of the precise requirements of their visa to Thailand or entry permit. Often, problems arise when visitors misread visas or entry stamps.

Once Immigration officials detect a violation, they are obliged to impose a 500-baht-a-day penalty, up to a maximum of 20,000 baht.

The latest case involving the American woman closely follows an incident involving another American, Dean Mancuso, 50, who is still in a cell at Immigration headquarters in Phuket City, awaiting further developments.

US embassy officials are endeavoring to trace members of Mr Mancuso's family in the US in the hope that they will come to his rescue.

Mr Mancuso has led a hand-to-mouth existence, cadging money from tourists on Phuket, since losing his passport in 2004 and opting not to replace it out of fear and embarrassment.

Mr Mancuso's arrest leaves his Thai wife and two young daughters facing even greater poverty. He is reportedly being treated well at Phuket Immigration, despite sharing a cell with about 12 others.

http://phuketwan.com/tourism/woman-held-entry-overstay-blunder-13102/