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Overstaying your visa in Thailand
16/12/2022
Thai authorities are currently enforcing a crackdown on people who overstay their visas. Foreigners caught overstaying for periods ranging from a few days to several years are being banned from Thailand.
An overstay is an act of staying in Thailand longer than permitted. Overstaying your visa may happen for several reasons, for example, miscalculating the length of your authorized stay or simply forgetting your visa expiration date.
In this article, we will look at what constitutes an overstay and what happens should someone find themselves overstaying their visa.
Key points
- Overstays are subject to the following, a daily fine of 500 THB (up to 20,000 THB) and/or being banned from entering Thailand (up to 20 years).
- Overstaying a visa will prevent a person from applying for certain visas, such as the LTR and visa Elite, in the future.
- Canceling a Work Permit will also cancel the employee’s extension of stay (visa), and the person in question will need to leave Thailand within 24 hours.
- Children under 14 are not subject to an overstay fine or a travel ban.
What is overstaying your visa in Thailand?
Overstaying your visa is when someone stays in Thailand beyond the permission to stay period stamped in their passport.
For example, those who come to Thailand on September 1st on a 60-day tourist visa are allowed to stay until October 29th. Should the holder of this visa remain in Thailand after October 29th without renewing, extending their visa or leaving and re-entering Thailand, they will be overstaying.
Overstaying a visa is illegal and subject to strict punishments.
What will happen if you overstay in Thailand?
Overstaying a visa or permission to stay is illegal, even if you overstay by only one day.
Anyone caught overstaying in Thailand will be subject to a fine, a possible ban from entering Thailand, and the possibility of being detained in a Thai immigration detention center.
Foreigners who overstay their visa but do not get caught by the police will face a fine, and possible ban from entering Thailand (depending on the length of overstay) imposed upon them by the immigration officer when leaving Thailand.
Furthermore, guilty parties will also receive an overstay stamp on their passport. This stamp may have a negative effect when trying to enter or apply for visas in Thailand and other countries. Overstaying your visa will also prevent you from applying for certain visas, such as the LTR and visa Elite, in the future.
If you are caught by the authorities while overstaying in Thailand, you will be arrested, detained, and will face strict punishment and probable deportation.
Immigration police are known undertake random checks on foreign nationals in entertainment areas, on the street, and at checkpoints.
What are the penalties for overstaying in Thailand?
Anyone caught overstaying their visa in Thailand is subject to the following penalties:
- The standard fine for overstaying their permission to stay is 500 THB per day. These fines have a maximum limit of 20,000 Baht (when overstaying 40 or more days).
- Overstaying for 90 days or more is a serious offense that will result in the guilty party being deported and banned from entering Thailand.
Please see the following for the details about the current penalties (fines and bans) for overstaying in Thailand.
When surrendering at airport immigration when leaving Thailand:
- Overstay of less than 90 Days = 500 THB fine (maximum 20,000 HB)
- Overstay of more than 90 Days = 1 year ban from Thailand and a 20,000 THB fine
- Overstay of more than 1 Year = 3 years ban from Thailand and 20,000 THB fine
- Overstay of more than 3 Years = 5 years ban from Thailand and a 20,000 THB fine
- Overstay of more than 5 Years = 10 years ban from Thailand and a 20,000 THB fine
When caught overstaying by the authorities:
- Overstay of 1 day to 1 Year = 5 years ban from Thailand and a 500 to 20,000 THB fine
- Overstay more than 1 Year = 10 years ban from Thailand and a 20,000 THB fine
Please note that typically (but not always), a person who has overstayed by one day and surrendered at the airport will not be subject to the 500 THB fine. Guilty parties will still receive the overstay stamp on their passport.
What is the Immigration Detention Centre (IDC)?
The IDC is located in central Bangkok and is where anyone who has been arrested for overstaying will be held. Those who arrested will be held at the IDC prior to a attending court hearing and then until their flight back home to be arranged.
What happens if a child overstays?
Thailand requires children of any age to have a proper visa, and the children must not stay beyond their permitted-to-stay date stamps. Children below the age of 14 are not subject to an overstay fine or a travel ban from Thailand.
However, even though children will not be fined or banned from Thailand, it is highly recommended to make sure they have a valid visa.
Canceling a Work Permit
If a foreigner in Thailand cancels their Work Permit, their visa will be simultaneously canceled. In this situation, the foreigner must leave Thailand within 24 hours, or they will be overstaying and subject to the penalties mentioned above.
How can Belaws help?
Our team of immigration experts is on hand to help you make your visa applications and renewal as smooth as possible. You can browse our visa services here if you require assistance concerning staying in Thailand or working in Thailand.
Belaws understands that visas in Thailand can often be confusing, so to get more information, why not talk to one of our experts now?
Please note that this article is for information purposes only and does not constitute legal advice.
Our consultations last for a period of up to 1 hour and are conducted by expert Lawyers who are fluent in English, French and Thai.
Consultations can be hosted via WhatsApp or Video Conferencing software for your convenience. A consultation with one of our legal experts is undoubtedly the best way to get all the information you need and answer any questions you may have about your new business or project.
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Frequently asked questions
What will happen if I overstay my visa in Thailand?
People who overstay their visa are subject to a monetary fine and a ban. The final punishment varies on the length of an overstay e.g. under 90 days is a fine, where over 90 days is a fine and ban from entering Thailand.
How do I fix overstay in Thailand?
To address an overstay, you should go to your nearest immigration office or leave Thailand to surrender voluntarily; you will receive a fine and a possible ban (depending on the length of the overstay). If the authorities catch you, you will be arrested, detained at a detention center, fined, banned from entering Thailand, and deported.
How long can foreigners stay in Thailand without visa?
If you are from a country that is eligible for a visa exemption, currently, you can stay in Thailand for 45 days without a visa.
Can I extend my stay in Thailand without a visa?
If you have entered Thailand on a visa exemption, you can extend this stay for a further 30 days at your local immigration.
How many times can I extend my visa in Thailand?
Tourist visas, visas on arrival, and visa exemptions can be extended once per entry. Non-Immigrant visas can be extended indefinitely if you meet the application requirements.
Can I stay over 30 days in Thailand?
Yes, tourist visas can allow you to stay in Thailand for up to 90 days, visa exemptions allow a stay of 45 days, and non-immigrant visas can enable the holder to stay for up to 1 year (extendable).
What happens if you overstay without a visa?
People who overstay their stay in Thailand are subject to a fine and a ban from entering Thailand. The final punishment varies on the length of an overstay, e.g., under 90 days is a fine, whereas over 90 days is a fine and a ban from entering Thailand.
How much is visa extension fee in Thailand?
All visa extensions cost THB 1,900
How long does Thai visa extension take?
Tourist visas and visa exemptions can be renewed within a day. Non-immigrant visas take approximately 30 days due to the under-consideration period.
How much is the overstay fine in Thailand?
The overstay fine is 500 THB per day (up to 20,000 THB)
How can overstay be forgiven?
An overstay may make future entry to Thailand difficult, but not impossible.
What is the penalty of overstaying?
The penalty for overstaying is a fine of 500 THB per day (up to 20,000 THB). Guilty parties may also be banned from entering Thailand for a certain period (the length depends on the period of your overstay).
How long does blacklist last in Thailand?
Please see the following for the detail’s about the current penalties (fines and bans) for overstaying in Thailand.
When surrendering at airport immigration when leaving Thailand:
- Overstay of less than 90 Days = 500 THB fine (maximum 20,000 HB)
- Overstay of more than 90 Days = 1 year ban from Thailand and a 20,000 THB fine
- Overstay of more than 1 Year = 3 years ban from Thailand and 20,000 THB fine
- Overstay of more than 3 Years = 5 years ban from Thailand and a 20,000 THB fine
- Overstay of more than 5 Years = 10 years ban from Thailand and a 20,000 THB fine
When caught overstaying by the authorities:
- Overstay of 1 day to 1 Year = 5 years ban from Thailand and a 500 to 20,000 THB fine
- Overstay more than 1 Year = 10 years ban from Thailand and a 20,000 THB fine
Can you go to jail for overstaying your visa?
If you are caught overstaying your visa, you will arrested and detained at the immigration detention center. Offending indiviuals will remain at the detention center until after their trial when they will be deported.
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