Advice on Thailand Visa Overstay Regulations

Thailand Immigration overstay rules

Overstaying your visa is illegal.  If you overstay for a short period you will have to pay a fine.  However,  if you overstay for more than 90 days then it is a serious offence and the result will be you are deported from Thailand and banned from visiting again.  The length of the ban depends on how long you have overstayed your visa.

If you are caught overstaying by an Immigration officer, then it can result in being taken to jail if you are not able to pay the fine or have a long overstay.

If you have a long overstay and turn yourself in to the authorities you will have to go before a judge in court. The overstay fine is usually waived and in it’s place a smaller fine imposed.   You will then be held in the IDC ( Immigration Detention Center ) until you can arrange for a ticket on a direct flight back to your own country.  You will then have to pay a small fee to the immigration officers to take you to the airport and accompany you through Immigration, where you will get the blacklist stamp in your passport, and to the gate.  Your passport will be given to a steward on the flight and they will return it to you when you land in your home country.

How much is the fine for overstaying?

The fine depends on the number of days you have overstayed. The minimum charge is 500 Baht per day.  This goes to a maximum of 20,000 Baht for overstays of 40 days or longer.

The good news is that if your overstay is under 90 days and you  pay the fine  then leave the country then you won’t have any problem returning to Thailand at a future date.  There won’t be any black mark next to your name.

What is overstaying?

Overstaying is when someone resides in Thailand for a period exceeding the length of time they are permitted to do so by their visa or entry stamp.

It is your responsibility to ensure that you do not overstay.

However, the Thai Immigration officials realise that sometimes people make mistakes and book a flight a day too late or their plans change, a flight is cancelled and they have to leave a day late.  In cases such as these, with a few hours overstay, the 500 Baht overstay fine is usually waived.

If you are in a situation like this, don’t panic.  Just explain to the immigration officer when you are being stamped out of the county.  Apologise and you will be treated fairly.

If you have a longer overstay, for example, 1 week, then you will be required to pay this ( 7 days x 500 Baht = 3,500 Baht )  before you can leave the country.  It is easiest to pay when you fly out.  Again, explain the reason to the immigration office at the airport, then you will be taken to a nearby counter when you can pay the overstay fine.  Please ensure that you have enough funds to cover this. If not, then you may be taken to the holding cells until you can raise funds.

Children under the age of 15 are not charged a fine for overstaying but still get overstay stamps when they leave the country. Being exempt from the fine does not make them exempt from needing a valid visa entry or extension to stay in the country.

Consequences of overstaying your Thai visa

Please note that repeated violations of overstaying can hold serious consequences. In the event that you have had a few overstays, your passport could be stamped with a stamp declaring you in violation of the immigration laws and regulations of Thailand.

This stamp will label you as an “undesirable alien”, which could make travel and obtaining entry to other countries much harder than it should be.

Where is the Immigration Detention Centre?

The IDC is located in central Bangkok at the Immigration Office on Soi Suanplu, Bangkok.  This is where anyone who has been arrested for overstaying will be held prior to attending court and then whilst waiting for their flight back home to be arranged.

You can call on: 02 213 2369 but it is better to go in person.  Go to Building 5 at the IDC.  You will need the overstayer’s details: Name, nationality, age, arrest date and location.

 

 

555 thoughts on “Advice on Thailand Visa Overstay Regulations”

  1. Hello, I’m non-o visa holder, I’m staying in Bangkok for 3 years with my husband working in Bangkok.
    My non-o visa expired last month and I have missed to extend my visa in time . Can I extend my visa again with out going out of Thailand?
    My husband non-b visa is valid.

    Waiting for your reply
    Thank you.

    1. Unfortunately you cannot extend an expired visa. So you will have to leave the country and obtain a new one. You will also have to pay the overstay fine when you leave the country.

  2. I heared recently that overstay limit extended by immigration for 10 days but they detained until 10 days will finish. My friend visa was expiring 8th October and on 9th october immigration stamp on passport to leave not later then 19th October. He paid for overstating but they are not allowing to leave country before 19th October. As per immigration they will tell him when he can go. My question is this legal to detain for overstay only for 1 day and not allowing to go leave before 10 days extension??

    1. You will have to contact the Immigration office handling your case. Or hire a lawyer to act on your behalf and they will be able to get the reasons for the decision form the immigration department.

  3. Can on arrival visa 15 days for indian will be overstayed for another 15 days? Is there any problem in passport stamp or exit the country?

    1. You should not overstay your visa. It will make it harder for you to get a visa again in the future. You will have to pay the overstay fine at the airport.

  4. Hello!

    If my friend overstayed in Samui for a couple weeks and already has tickets to fly out, should he go to immigration office to cover the overstay fine before the airport? Or should he go straight to airport and pay it there? His flight will be through Bangkok
    Thank you very much

  5. I have a Nonb that expires on the 14/10/2018, and I have to get it extended,but I can’t go back to Malaysia as SA nationals aren’t allowed visas there anymore. So what can I do now please.

  6. My dad overstayed in Thailand. Now will it be hard for me to get a thai visa? since i have no offence of over stay anywhere else? Will i have to pay the consequences of my parent?

  7. Hello,
    I have dual citizenship
    I entered Thailand on my Russian passport, did one border run, and now my visa expired on 25th september and I cannot extend because my passport is soon to be expired.
    I am planning on flying from here to Italy. My 2nd passport is American so I dont need visa to enter Europe.
    So my question is: can I just show my russian passport when I leave Thailand, just pay my 20-25 days of overstay and fly to Italy with my American passport, would it be ok?

    1. So long as you use the same passport to go out of the country as you came in on, it wont be a problem. You can pay your overstay at Immigration at the airport.

      The airline will ask to see your US passport as you need 6 months validity on your passport to enter Italy. And they’ll notice there isn’t a valid Schengen visa in your Russian passport

  8. I live in thailand since a couple of month, and every month or every 30 days i have to fly out and back to get another 30 days in my passport. But i want to ask, can i make flight out and return to thailand in the same day on the last day of 30 days that i have in my passport??

    1. You can do that. Flying out and back in the same day is allowed. But note that once you have done this 3-4 times you are likely to be questioned by Immigration officers. They may tell you that you have to get a Tourist Visa next time you leave the country or may ask you to show proof of funds to support your long holiday in Thailand.

  9. I entered Thailand on 01 October 2018 with transit permit having 2 entries. My first entry I will be stay until 01 Nov but my visa expires on 30 Oct. This means I will overstay by 02 days.

    Can I extend visa at Bangkok for 2 extended days? I dont want to go through airport hassle and would comfortable extend at Bkk immigration office.

    Please advise.

    1. You should extend your visa at your local Immigration office. This costs 1,900 Baht and will be valid for an extra 30 days. Take a passport photo and photocopies of the main page and visa and TM6 Departure card.

      If you don’t get the extension, you will overstay and will not be able to use the same visa to return to Thailand. You will have to get a new one.

  10. To hell with Thai immigration! Especially when they’re the ones causing most of the legit people like myself the overstays by not letting you out of the kingdom with plenty of time on your visa. Have you ever tried explaining to a Thai immigration officer the reason for your overstay before… Am I the only one who sees that the vast majority of them deal with tourists but cannot speak a lick of English beyond hi, bye, and go in jail?.. This is laughable at best because, Thai’s are raised to blame others and never take fault. They’d blame it on the rain if they could lol… Bottom line is, they don’t care why you overstayed. To them, we’re just worthless foreigners who want nothing more than to screw their women, buy up all the land, and run the country even if that is not the truth for the vast majority of us. My question today is, can you get back into the kingdom if you’ve been banned and you have Thai children and an unofficial pregnant Thai wife/fiance for the sake of argument?

    Thanks in advance-

    1. If you think you have been banned unfairly and without good reason, you should hire a lawyer to appeal the ban. They will present your case and if successful, the ban will be lifted and you can return.

  11. Hello my husband has case going on in Thailand and he is now out from jain bail . His visa is over and 90 days over stay. We went to immigration for visa (case visa) . They have not given they said 90 days over , cannot give visa . Please suggest what to do . As he was in jail how could he extend visa. When he came out on bail. We were not aware about case visa. Now we are scared from immigration catch him . He has to stay Thailand because of case. He cannot leave country . How can he stay without visa . Please suggest

    1. If you had got legal advice when he was in jail, before the visa had expired, your lawyer could have applied to extend his visa. ( Under Section 7.25 of the Immigration Act for extension permission to stay. )

      You or yourr lawyer should contact the Police & Immigration officers handling this case and make sure they understand the situation. If he leaves then the law says he won’t be allowed back to appear in court.

  12. I have a double entry visa on transit. First entry I am supposed to stay 32 days but it allows only for 30 days.

    1. Shall I pay fine for 2 more overstayed days.
    2. Will my second entry visa hold valid?

    I still have time to resolve the visa issue for 2 extended days. Can it be done easily at the immigration office in Bangkok.

    1. Go to your local immigration office and extend the 30 day visa. This is easy to do and costs 1900 Baht. You will need copies of the visa page and main page of your passport plus a photo.

      If you don’t do this, when you leave you will have overstayed your visa and wont be able to use it for the second entry. You will have to get a new one.

  13. Hi. My visa is going to expire tomorrow (turist visa 30 days), I’m in koh phangan but I’m very sick so I cannot go to koh Samui for extending the visa. I’ve planned to leave the Country the 9th of October travelling to Cambodia by bus. Is it possible to pay the fine at the border? I will get in trouble? (This is the third time for me in Thailand, last year I overstayed 2 days and paid the fine at the airport).

    1. You can pay the 500 Baht / day overstay fine at the hat Lek border. Go need to go to the ‘Arrivials’ office on the right hand side of the border checkpoint to pay. ( The ‘Departures’ office is on the left hand side. ) You shouldn’t have any big problem, but it is better to show proof you have been sick – for example a hospital bill or doctor’s letter. Also note that the more times you overstay, the less likely you are to be given a visa or allowed entry into the country in the future.

  14. My brother is over stay in Thailand more than 90 days . He wanted to come back to his country . What will he do . He is scared if he will go to immigration office they will arrest him . He can able to pay over stay fee and afford a plane ticket also for his home town. Please suggest

    1. He should go to the airport and pay the 20,000 Baht overstay fine. But check in early for his flight because he needs to allow some extra time for processing.

  15. Good morning/afternoon/evening.
    I would like To share my situation. I have never had an overstay, neither I broke any law of Thailand. But yesterday I have got deported from the airport whilst I was trying to enter Thailand for having “so many visas” means in total I have stayed in Thailand 359 days (three tourist visas and two stamps). I was trying to explain to the immigration officer at the airport that I’m in the process of getting my non-b visa and work permit, even my school representatives have called them and talked to them, but they refused to listen. They were very rude and treated me like I am a criminal.
    P.S. Last visa wasn’t even expired yet, I just had to leave Thailand because I was sick and had to get a medical treatment from another country.

    So which exactly law of Thailand did I break? And what is the possible solution for me?
    Thanks a lot.

    1. As with immigration in any country, entry into a country isn’t guaranteed. It is at the discretion of the immigration officers. They probably thought you had been working illegally in Thailand as it isn’t common for people to spend a year on holiday in the same country.

  16. Hi I have overstayed 5 days, and already have my flight booked.. is it ok to just pay at the airport to the immigration officer? How long will I be delayed? Would I miss my flight?

    Alternatively, I could go to immigration office to get it resolved, but I’ve heard this takes extremely long.

    Thank you

    1. You can pay the overstay fine at the airport. Go to Immigration, the same as normal. The officer will see you have overstayed. He will take you to a counter nearby, just before the Duty free shops, where you can pay the fine. It won’t take long.

  17. What happens if you here on your own..been very ill an lost passport an wallet..only now recovered well enough to sort out this issuse. Visa i have is a ed visa but wasnt able to do the 90 day resisdency in july 18…i know its my responsibilty to deal with it.
    What is my best solution to this?

        1. If you missed doing your 90 day report you will be fined next time you report. The standard fine is 2,000 Baht and is the amount you should expect to pay. However, according to the law, you can be fined up to 5,000 Baht plus 200 Baht per day from when a late report is discovered until the fine is paid.

  18. my visa student (non immigrant (ED) will be expired next year february,

    I am going back to my homecountry next month,

    If I come back to Thailand after the visa student is expired, what is my status?

    I was told that I need to cancel the visa eventhough its expired.

  19. Is is possible to still apply for visa extension if you are overstay less than 90 days and your university provides you all the relevant documents as they were doing in the past extension renewals.

    1. No. Because you have already overstayed the visa, so it is no longer valid. You have to leave the country and get a new visa before returning.

  20. Hello, i stay in Thaïland 3 years and half and i overstay more than three years, because i dont find a solution for prolongate my visa. I thank i can do same before, go out Thaïland and come back the same day, because i come every years in this country, from 15 years already, and its the first time i overstayed my visa, in the past i always use to do like this, but now its not possible. I know everything about the laws, but i not understand why i have to go to jail, and bea blacklisted for 5 years, i do nothing wrong, i never make some trouble in Thailand, and I married with thai lady ten years already. We have a child together and he live in France, with me and my mother, because my wife have to stay here for take care her mam who be sick. In the past, she stay with me in france, 4-years, but now she cannot come yet, maybe next year. So its very difficult to know that my son will no see her mam for five years, why ? Why the law is so hard, for somebody like me, who never make trouble in Thailand, just spent money a lot, and now, I have to go jail for come back France, and I will be blacklisted, its mean that my son and me, will not see my wife for 5 years, so I ask again,,WHY ? Where the real crime ??

    1. The law is simple. You can get a visa based on your marriage to a Thai citizen.

      But you haven’t done this, so are staying in the country illegally.

  21. I’ve been living (legally) in Thailand for 8 years now. Two of my customers from Europe have overstayed their 30-day tourist visa for two months. It was their 2nd time in Thailand. When they told me about this, I told them to immediately go to Immigration office and pay the overstay fine. Instead, they went to one of many visa agencies and the women working there wanted to sell them a Laos visa run trip for 7k which they refused and said they gonna go to immigration office on Thursday (when this happened, it was Tuesday) because they wanted to sort out the papers. Their flights were back home were booked for following Monday (tomorrow).
    The next day (Wednesday), the immigration police went to their hotel and arrested one of them for overstay. The other one hasn’t been at the hotel at that time. When the arrested one was brought to the pick up truck, the lady of the visa office was standing outside and observing the action and immediately „offered to help“. At immigration office in Jomtien, he‘s been told from her that everything can be fixed for 50k Baht quid. He didn’t agree on this “deal” because he didn’t have the money (yet) to pay them.

    The other one wasn’t in the hotel at this time and the reception told him what happened when he came back. He immediately booked a visa run tour to Cambodia and paid 20k max fine at the border and went back. He’s now legally here.

    The immigration office kept the arrested one all day there and put pressure on him, told him he’s gonna go to Bangkok jail for months and tried to scare him to get the pocket money. However, he couldn’t and didn’t pay. He was sent to Soi 9 Police Office where some police officers offered him to pay and solve the problem while other police officers told him “don’t believe anybody who offers you to get out for paying”.

    His friend is visiting him everyday and brings him food and money.

    It’s very shady, nobody knows what’s gonna happen next. Some tell him he will be sent to Bangkok Detention Centre, some tell him, he will be brought back to immigration office. However, he was to court Friday and they charged him a 2500 baht penalty and brought him back to Soi 9. Their flights are tomorrow.

    What is the regularly procedure when being arrested for overstay? From being arrested to deportation. It’s very shady, even his home country embassy can’t help because they get provided with different infos, too.

    Short:
    – He was misled by the visa office lady obviously who wanted to earn on the 50k deal

    – After immigration office, they sent him to soi 9 cell.

    – Court charged him 2500 baht and sent him back

    – Flights tomorrow

    – He’s been told they send him to immigration office tomorrow again.

    – However, it’s his own fault.

    How’s the further process?

    By the way, the visa agency lady is well known. One of my mates is here on ED Visa and “forgot” his reports and is being arrested for a 22 day overstay. He did the visa with her and she was to immigration office when they arrested him and kept pushing him to pay the 50k (same deal). When they went to the ATM, he could just withdraw 30k and they accepted it and let him go. He was going to Laos the next trip and got a new ED visa sorted 3 weeks later.

    So this lady is earning money with visas and ripping them off and sharing “tea money” with police obviously. Snitch.

    1. You should contact the immigration office in Jomtien as they are dealing with this. Not Trat Immigration.

      In future do not use visa agencies. If you do everything legally you won’t have these problems.

  22. Hello, my relative call me that he has over stay visa in Thailand and need to pay overstay fee. How do I check whether all he said is true or not, I call the IDC number but there are no one to pick up the phone

    1. The only thing you can do is call IDC and see if they can help. They are the only people authorised to give information. You will need the overstayer’s details: Name, nationality, age, arrest date and location.

  23. hello my friend has overstayed for more than 90 days we know that he’ll get banned but will there be any trouble leaving thailand ?

  24. What happens if one is cancelling work permit the very day its supposed to expire in order to change to another school, with all the supporting documents in place already?

Leave a Reply

Your email address will not be published. Required fields are marked *