Visa Overstay in Thailand: What the Penalties Are, and What to Do About It

To minimize immigration problems, it’s important to avoid overstaying your visa in Thailand as a foreigner. Overstaying your visa is illegal and can result in various penalties, ranging from fines to major consequences such as deportation. To keep yourself out of trouble, it’s important to understand how to avoid overstaying and what to do if you’re charged with it.

This page will examine the penalties, how to avoid them, and what you can do if you’re overstaying in Thailand. 

What Does Overstaying in Thailand Mean?

Each Thai visa includes a start and end date that outlines its validity. Additionally, you’re limited to the number of days you can stay without leaving each time you visit Thailand. Overstaying occurs when you continue remaining in Thailand beyond the expiry of your visa or stay limit. Some visas’ stay limits are equal to their validity durations, but other visas have stay limits that are far shorter than their durations.

For instance, if you’re holding a DTV Visa (Destination Thailand Visa), your visa is valid for up to 5 years, but you are only allowed to stay 180 days per entry. Staying over 180 consecutive days without leaving Thailand or applying for an extension will lead to an overstay charge.

To determine what your stay limit is, check the stamp that the border officer put into your passport when you arrived. It will show the date that you must leave Thailand by, or apply to extend your stay.

What Happens if I’m Overstaying in Thailand?

Being charged with an overstay is a serious offense in Thailand and will lead to multiple penalties depending on the length of your overstay. Thai immigration strictly enforces its rules and if you are penalized for violating them, it may compromise your ability to travel to Thailand or even other countries in the future.

What Are the Penalties for Overstaying in Thailand?

The initial penalty for overstaying is a fine, which is calculated based on the number of days you’ve overstayed in Thailand. These increase the longer you’ve been overstaying, up to a capped limit. If you report your overstay voluntarily to Thai immigration before leaving Thailand, you’ll be met with these penalties: 

• Less than 90 days: 500 baht per day (up to 20,000 baht).
• More than 90 days: Temporary ban from Thailand for up to 1 year and a 20,000 baht overstay fine.
• More than 1 year: Temporary ban from Thailand for up to 3 years and a 20,000 baht overstay fine.
• More than 3 years: Temporary ban from Thailand for up to 5 years and a 20,000 baht overstay fine.
• More than 5 years: Temporary ban from Thailand for up to 10 years and a 20,000 baht overstay fine.

If you are arrested for an unrelated crime or misdemeanor and caught overstaying, the authorities will assume you are evading punishment on purpose, and the consequences will be more severe:

• From 1 day to a year: Temporary ban from Thailand for up to 5 years and an overstay fine between 500 baht to 20,000 baht.
• For over 1 year: Temporary ban from Thailand for up to 10 years and an overstay fine of 20,000 baht.

It should be noted that your overstay penalties will worsen the longer you avoid responsibilities. You may even be permanently blacklisted from Thailand. If you make repeat offenses, the immigration officer may add overstay stamps to your passport which can affect your chances of traveling to other countries in the future. 

If you have been caught and charged with an overstay, you may end up being detained at an Immigration Detention Center (IDC) for extended periods before being deported from the country. 

Can My Children Be Punished for Overstaying?

While it is mandatory for your children to hold a valid visa, overstay fines do not apply to children below the age of 14. However, their passport will receive an overstay stamp which can result in complications when applying for an entry visa to travel to another country. 

How to Avoid Overstaying in Thailand

There are many ways you can avoid being charged with an overstay in the future. Some helpful tips you can follow to avoid staying illegally include:

• Double-check the stamp in your passport you received from the border officer or the validity of your visa. Make sure you leave Thailand by that end date.
• Travel to the nearest Thai Immigration Office and file a request to extend your length of stay before your end date. 
• If your visa is still active but your stay limit is running out, you can travel to a neighboring country (such as Laos, Burma, or Cambodia) to refresh it. However, you are only able to do this twice a year. After that, the border officer may decide to deny you entry. 

What Can I Do If I’m Overstaying?

If you have been overstaying in Thailand, there are steps you can take to possibly mitigate the penalties. Regardless of how long your overstay is, you will need to pay the fine at the immigration checkpoint or a Thai Immigration Office. However, you must act fast to prevent your situation from escalating. 

If you’ve overstayed for less than 90 days: You will have to leave Thailand as soon as possible and pay the fine at an immigration checkpoint. If you surrender yourself to the immigration authorities and pay the appropriate fine, your travel record will not be affected by your overstay charge. If you have the option of extending your visa, you can report your overstay to the Thai Immigration Office, pay your fine, and then apply for an extension. 

If you’ve overstayed for more than 90 days: You will need to surrender yourself to the immigration authorities instead of leaving Thailand. You can consult a professional and bilingual immigration lawyer to help explain your situation to the authorities and appeal your overstay case. If your petition is successful, it can lead to a waiving of the travel ban or reduced penalties. However, there are no guarantees.

Who Should I Contact for Professional Assistance?

If you’ve been overstaying in Thailand and want to clear your case, connect with our immigration lawyers at Siam Legal for professional assistance. As a full-service law firm operating for more than 20 years in Thailand, our professional lawyers have the skills and experience to help you lodge a successful appeal to the Thai immigration authorities. 

While there is no guarantee, our assistance will significantly improve your chances of waiving severe penalties and resolving your case. We can also help you submit an appeal if your visa has been revoked for whatever reason and provide the best possible chance of remaining in Thailand.

Contact Siam Legal today for the best opportunity to clear your overstay and save your travel record.

Category: Immigration