According to the Immigration Law BE2522 (AD1979), Section 54: Deportation of foreigners
“Any foreigner who enters or comes to stay in the Kingdom without permission or when said permit expires or is revoked, the competent official shall deport said foreigners out of the kingdom”;
This visa regulation is for foreigners who stay longer than their visa or visa-exempt permits; You must leave Thailand before your permit or visa expires. If caught before arriving at the airport or land border, there will be a possible arrest and detention.
What is Overstay?
Staying in Thailand beyond the ‘admission until’ date that is stamped on your passport when you go through Thai Immigration on your return trip to Thailand means you are staying longer. Overstay means that you remain in Thailand beyond the date for which your visa gives you permission to stay. This is a crime under Thai law that is subject to arrest and detention.
Spending your stay in Thailand could be intentional or unintentional. Either the person forgets the date they are supposed to leave, misinterprets the visa stamp, or something may have happened that the person cannot leave the country.
Exemption
The only exemption for this regulation would be foreign children under 7 years of age. All foreigners are subject to fines for staying in Thailand for more than seven years.
What to do when you stay longer?
You cannot leave Thailand without paying the long-stay penalty. You can volunteer and report it and clarify your excess stay. The fines for staying longer than a visa are 500 THB per day, and increased by a maximum of 40 days, the maximum fine can be imposed to 20,000 THB. The fine is paid to the Immigration Office, Suvarnabhumi Airport, Immigration Office or other exit or border point.
Personna non grata in Thailand
If you are picked up in the country anywhere, anytime, on an expired visa, you will be arrested and taken to jail, the immigration department detention center in Bangkok, until you can pay the fine incurred for the days that has stayed longer. You will be deported from Thailand. You will need to have a confirmed air ticket along with enough money for transportation to the airport. If you cannot meet those requirements, you will be detained in the Immigration Office jail until you can purchase a confirmed ticket and enough cash for the trip to the airport. A case will be brought against you. In extreme cases, especially for long periods of stay, your name is recorded on a secret ‘Confidential List’, popularly known as the ‘Black List’; and you will be banned from Thailand forever. It is extremely difficult for your name to be removed from the ‘black list’.
Spending your stay in Thailand can become difficult and complicated. It is advisable to avoid exceeding the stay. If you do, stay away from activities that might attract the attention of the police, try to avoid any kind of hassle, pay the fine as soon as possible, and get out of Thailand.
