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Monkey House for Overstayers - British Embassy Warning


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British Embassy Warning at Post # 23

 

This from Thaivisa HERE

 

 

THAI IMMIGRATION INTRODUCES JAIL TIME FOR OVERSTAYERS

 

VISA OVERSTAY: The Untold Story

Jail time for foreigners

 

idc-bangkok.jpg

Immigration Detention Center, Suan Phlu, Bangkok

-- File photo

 

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

 

 

-- Pattaya One 2010-09-24

 

 

_________________________________________________________________________

 

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."

 

Immigration Act download: http://www.thaivisa....Act-EN.pdf.html

 

* 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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I have always gone out of my way to try and avoid even a single day of overstay, but this year, the day I am supposed to leave here, there is no direct flight home on that day.

 

The club I am Grand Master / President of have a BIg event on the day before, that we have been planning for a long time, so I was kind of forced to take a flight the day after.

 

I contemplated heading down to Immigration in Jomtien to get a one day extension, but I am already on a 90 day extension and didn't really think they would give it to me.

 

I was talking to the Travel Agent about it and he said that because things were so quiet, they probably wouldn't even worry about one day, but after reading the above this morning, I think I'll do the right thing and present myself at the Overstay window and pay my 500 baht fine.

 

:GoldenSmile1:

 

Bam Bam

Edited by Bam_Bam

That which doesn't kill me only makes me stronger

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Bam_Bam , one day overstay !

Give them a smile , say you love Thailand and most of the time they let you walk without paying anything :GoldenSmile1:

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I wonder if this this new procedure may be implemented all over LOS?

 

Phuket tourists face jail for long immigration overstays

 

PHUKET: The Thai Immigration Bureau in Bangkok is now arresting and jailing foreigners with long “overstays” before permitting them to leave the Kingdom, ThaiVisa.com reports.

 

Immigration officers at Suvarnabhumi Airport are apparently fed up with foreigners flouting Thai Immigration law by turning up at the checkpoint with a valid air ticket and the maximum fine of 20,000 baht in hand.

 

Foreigners whose overstays exceed 42 days now face arrest and a few days’ detention while their cases are processed, said the report.

 

Those whose overstays fall into a ‘gray area’ from 22 days to 41 days may also face problems. The decision whether to arrest and detain them remains at the discretion of Immigration officers at each border checkpoint.

 

Although such matters have always been at the complete discretion of Immigration officers at the checkpoint, it is now being “quite unequivocally stated” that those breaching the 42-day limit will spend one or two nights at the Immigration Detention Center (IDC) in Bangkok, the report said.

 

Thai Immigration fines for overstays are 500 baht per day overstay up to the maximum fine of 20,000 baht – which works out to 40 days.

 

The old policy actually discouraged foreigners who had already overstayed by 40 days to legitimize their immigration status.

 

At the moment it is better to clear up long overstay issues in Bangkok rather than in Phuket, Pattaya or elsewhere, ThaiVisa reports.

 

Brought by Phuket Gazette

Friday, September 24, 2010, 10:47 local time (GMT +7)

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I wonder if this this new procedure may be implemented all over LOS?

 

Phuket tourists face jail for long immigration overstays

...............................................

 

Brought by Phuket Gazette

Friday, September 24, 2010, 10:47 local time (GMT +7)

 

Looks like the Phuket Gazette lifted the same info' as The Nation and it probably is now the general policy.

 

As with anything here there will no doubt be variations in how it's applied but the times may well be a-changing.

 

I've known a few who have gone past the 20k baht mark and just assumed that as that is the maximum fine they might as well carry on - some for years I believe.

 

Now it looks as though turning up at the airport with anything over 3 weeks is dodgy and over 6 weeks is just daft, bearing in mind that one could easily lose 25k or more on the plane ticket that's wasted if you get delayed.

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Bam_Bam , one day overstay !

Give them a smile , say you love Thailand and most of the time they let you walk without paying anything :GoldenSmile1:

 

Thats kind of what the Travel Agent was saying, if they pull me up over it, plead ignorance, claim a brain explosion, missed flight the day before, whatever, smile and at worst get sent back to the window to pay the 500 baht.

 

I just don't like rocking the boat of officialdom here. I seem to remember reading somewhere a while back about getting black marks for overstay, even a day, get 3 and bye bye, f**k off and don't come back, didn't want to begin that process.

 

:GoldenSmile1:

 

Bam Bam

Edited by Bam_Bam

That which doesn't kill me only makes me stronger

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It has me stuffed why people overstay anyways, after 3 - 4 months of being in Thailand I need to get out of the country just to get my head straight - and I don't have to leave with the Visa I have. A couple days in Singapore or Malaysia is a nice change 1 to 3 months in Thailand if you ask me.

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Now it looks as though turning up at the airport with anything over 3 weeks is dodgy and over 6 weeks is just daft

 

Turning up at any border control point with with an over-stay is plain stupid. Make a genuine mistake? go to Soi 5 Immigration explain the situation pay up for your stupidity and leave the country legally.

 

Who knows when a rule stating that any passport holder with a red over-stay stamp in their passport will no longer be given permission to enter Thailand?

 

Yep I know :D it will not happen :rolleyes:

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they have no intention of jailing anyone for overstaying. They just want a more serious (jail) threat to get you to pay more tea money when caught. It'll be "well sir, with an overstay like this you *could* go to jail, but maybe we can work something out"

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they have no intention of jailing anyone for overstaying. They just want a more serious (jail) threat to get you to pay more tea money when caught. It'll be "well sir, with an overstay like this you *could* go to jail, but maybe we can work something out"

 

Maybe you could try it and let us know how you get on. :GoldenSmile1:

 

Tea money is always the first assumption, but this has the potential to be a lot more serious than that.

Even if they only keep you in Immi' a few hours your plane ticket is wasted.

 

Think about the reasons why someone might go long term overstay in the first place. :Think1:

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I overstayed by 26 days at the start of the year so that would have put me in the shit

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I overstayed by 26 days at the start of the year so that would have put me in the shit

 

For the goody two shoes amongst us who would be worried shitless about such a situation, are you able to tell us how that came about, or was it just in the knowledge that it would only be a fine?

I have to say (as Cerberus aluded) that personally I would be concerned about getting the black red mark.

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Why overstay, as it is easy to get visa for 90 days.

A good girl gives you happiness and a bad girl gives you experience both are essential in life so enjoy every girlfriend!

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For the goody two shoes amongst us who would be worried shitless about such a situation, are you able to tell us how that came about, or was it just in the knowledge that it would only be a fine?

I have to say (as Cerberus aluded) that personally I would be concerned about getting the black red mark.

 

I went originally for a 2 week holiday and lost my passport on the 1st night, but me being me I never told the consulate in Patts until day 12 and then had to go through the nightmare of reporting it to the police station in patts, paying the translator get the police report translated to English, traveling to Bangkok to the embassy and filling out the forms, then to Thai immigration to pay for the overstay.

 

As this was the festive season it took over 2 weeks for the passport to arrive from London then 5 days to get from Bangkok to the consulate in Pattaya (Thai mail is really quick) so I added a few more days on as I no longer had a job to go back to (I was on a contract and they simply said don't worry about coming back)

 

All in all it was a fucking nightmare.

 

It wouldn't have happened if it was the 2nd day as I usually go to a photocopying shop and get them to copy my passport photo page and entry visa stamp onto both sides of a laminated business card sized copy (which the cops are seemingly happy with if they stop you)

 

My advice to all BM's is as the Thai immigration require you to have your passport with you at all times (allegedly a Bt400 or so fine if you don't) is to do the copying thing and carry that with you.

 

You never want to lose your passport in a foreign country, especially Thailand.

 

I didn't give a shit about having to pay the Bt500 per day over stay charge but it was all the fucking around I had to do to get a new passport was the issue.

 

As far as black marks go, yes the next trip he looked at my passport for a little longer than usual but it shows that I paid all the money owed and still let me into Thailand. My understanding was (at that time) as long as it was not more than a full calendar month of overstay they will let it slide and let you back into Thailand without having to chat to immigration and plead your case.

 

I hope no one else has to go through this.

 

in fact I might write a post about Passports and copying them as it is a rather important point that most people over look until it is too late

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I went originally for a 2 week holiday and lost my passport on the 1st night, ..................

..................................................

 

I hope no one else has to go through this.

 

in fact I might write a post about Passports and copying them as it is a rather important point that most people over look until it is too late

 

Thanks, I remember you posting about it in another thread now.

 

Funnily enough, I did go through all that earlier this year, but without the pressure of overstay because the visa in my old passport still covered me.

 

I had copies of everything on my PC, plus I then got the Police Report and then the confirmation from the Embassy that I'd lost it and applied for a new one

 

It's certainly something I hope I don't have to endure again. It's also 'kin expensive. :GoldenSmile1:

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Good on them and about time they got off their arses and did something about this. I think that allowing people to overstay for 3 weeks is quite lenient.

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Now that's a good way to slow down tourism even more. Can't count on political unrest often enough let's just get creative huh ?

Think it was the Thai Tourist Authority that came up with that idea ?

Why shoot yourself in the foot when a head shot works better ?

Edited by LBL51
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This from Thaivisa HERE

 

 

 

THAI IMMIGRATION INTRODUCES JAIL TIME FOR OVERSTAYERS

 

VISA OVERSTAY: The Untold Story

Jail time for foreigners

 

post-34565-080073500 1285294230.jpg

Immigration Detention Center, Suan Phlu, Bangkok

-- File photo

 

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

 

 

-- Pattaya One 2010-09-24

 

 

_________________________________________________________________________

 

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."

 

Immigration Act download: http://www.thaivisa....Act-EN.pdf.html

 

* 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

________________________________________________________________________

Phuket Immigration: No change in visa overstay rules http://www.phuketgazette.net/archives/articles/2010/article9293.html

 

PHUKET: -- The Phuket Immigration chief today denied there have been any formal changes in the way Thai Immigration Police deal with foreigners who overstay their permits-to-stay or who are otherwise discovered to be residing in the Kingdom illegally.

 

Phuket Immigration Superintendent Panuwat Ruamrak admitted receiving “many” calls today following an online media report stating that foreigners who try to depart from Thailand at Bangkok's Suvarnabhumi Airport face arrest and detainment if their permits-to-stay have expired by 42 days or more.

 

The report said people who had overstayed by 21 to 42 days fall into a “gray area” and may face possible arrest and detainment at the discretion of Immigration officers at the intended point of departure.

 

Those who overstay by fewer than 22 days can pay the fine at the airport and depart without having to worry, according to the report originally sourced to Pattaya One.

 

Col Panuwat today told the Gazette, “I contacted the legal department at Immigration Bureau Headquarters on Soi Suan Plu in Bangkok, the Phuket Airport Immigration Superintendent and other authorities as well."

 

“All have assured me that they are still following all the terms of the Immigration Act 1979, enacted on February 29 that year,” he said.

 

Under the Act, “any alien who stays 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.”

 

“I am confused about how this kind of news is spread. It is possibly a misunderstanding,” he said.

 

Such misunderstandings may be the result of people who overstay not having enough money to pay the fine, a scenario that gives Immigration officers no choice but to arrest and detain them, he said.

 

Overstay fines in Thailand accrue at 500 baht per day to a maximum of 20,000 baht. As such, the policy does not encourage foreigners with long overstays to legitimize their immigration status once they have passed the 40-day threshold.

 

The alleged “Suvarnabhumi Crackdown” reportedly targets foreigners who take advantage of this by grossly overstaying their permits-to-stay and then turning up at the airport with 20,000 baht and an air ticket in hand, expecting to fly out of Thailand hassle-free.

 

Col Panuwat stressed that any new official changes in policy or regulations are posted on the Immigration Bureau’s official website: www.immigration.go.th.

 

He encourages tourists with questions to download a copy of the Immigration Act, which is also available online there.

 

The Phuket Gazette notes that Immigration officers at checkpoints have always had complete discretion on what punitive measures to take with overstays, as specified above.

 

They can also deny entry to anyone arriving at a border checkpoint for any reason, even if the person arriving is in possession of a valid visa.

 

This being the case, all foreigners are strongly advised to never stay in Thailand past the date specified in their permit-to-stay and to make sure they comply with all other provisions of Thai Immigration Law.

 

 

-- Phuket Gazette 2010-09-24

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Col Panuwat today told the Gazette, “I contacted the legal department at Immigration Bureau Headquarters on Soi Suan Plu in Bangkok, the Phuket Airport Immigration Superintendent and other authorities as well."

 

“All have assured me that they are still following all the terms of the Immigration Act 1979, enacted on February 29 that year,” he said.

 

Of course. He seems to be saying that there has been no change in the Act, but I don't recall that anyone said there had been. I'm pretty sure there hasn't been.

 

I thought it was a change in policy of the implementation of the Act, which is at the discretion of Immigration Officers anyway.

 

Immigration officers at checkpoints have always had complete discretion on what punitive measures to take with overstays, as specified above.

 

I imagine they can quite easily detain you for a few hours or whatever, as they have done in the past.

Words in the first report like arrest and jail sounded dramatic, but they only have to sit you in an interview room for a couple of hours to mess you up - new plane ticket etc.

 

I guess we won't know until we hear of it happening - or not.

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Of course. He seems to be saying that there has been no change in the Act, but I don't recall that anyone said there had been. I'm pretty sure there hasn't been.

 

I thought it was a change in policy of the implementation of the Act, which is at the discretion of Immigration Officers anyway.

 

 

 

I imagine they can quite easily detain you for a few hours or whatever, as they have done in the past.

Words in the first report like arrest and jail sounded dramatic, but they only have to sit you in an interview room for a couple of hours to mess you up - new plane ticket etc.

 

I guess we won't know until we hear of it happening - or not.

 

Under the Act, “any alien who stays 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.”

 

“I am confused about how this kind of news is spread. It is possibly a misunderstanding,” he said.

 

Such misunderstandings may be the result of people who overstay not having enough money to pay the fine, a scenario that gives Immigration officers no choice but to arrest and detain them, he said.

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........

 

Sorry, couldn't see what you're saying.

 

That's the old/same/existing Act isn't it? - no change.

 

As far as I can see the first reports were about a change in attitude/response/implementation by Immigration officers, which they are entitled to do any time they like.

This second report is saying there is no change in the Act.

 

What are we debating?

 

Edit - was that your underline in my quote?

 

Yeh OK - a bit of conjecture to smooth things over.

Someone has perhaps decided the other guy overstepped the mark in making it appear to be a change in the Regulations, but that was down to the press surely?

The Regulations haven't changed and Immigration have stated their intentions with regard to the application of them, which is up to them.

The second statement doesn't negate the first as far as I can see.

 

As I said we can only wait and see.

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As I said above, this is not a new Regulation and nobody said it was.

 

It's about interpretation and application/enforcement by Immigration and now the British Embassy is running with it.

 

British Embassy Warns of Detention for Overstayers exceeding 42 days

Pattaya One overstay story vindicated

 

BANGKOK: -- The British Embassy in Bangkok have posted updated information on their website warning tourists and expatriates who overstay their permitted stay longer than 42 days that they face the risk of imprisonment.

 

Still current at 2 October 2010 under the heading “Help for British Nationals”, in the section sub-headed “Entry Requirements”, the Embassy advice to British nationals is clear:

 

“If you stay in Thailand for longer than the time authorised on your arrival, and you do not have an extension of stay or a valid visa, then this is an offence under Thai Immigration law. You will be fined 500 baht per day for every day you overstay, excluding the first day, up to a maximum of 20,000 baht.

 

Any foreigner found by the authorities to have overstayed their visa is also at risk of being held in detention, fined and deported at their own expense.

The Thai authorities have stated they will always enforce detention of overstays for more than 42 days.

 

They may also be black-listed from re-entering Thailand.”

 

Source: http://ukinthailand....quirements&pg=4

 

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."

 

This is not a new law or regulation; it has been in effect as part of the Immigration Act 1979 and is merely an enforcement of existing Immigration law.

 

The Royal Thai Immigration Bureau on October 1, 2010 appointed a new Immigration Commissioner. It is widely expected that enforcement of immigration rules and regulations will be carried out more rigorously under the new incumbent.

 

 

-- thaivisa.com 2010-10-02

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:Bump:

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I have a mate who is still in Thailand. He's been there for about 18 years and has a thai wife and a thai/farang daughter aged about16 years. His problem (so he was telling me about 3or 4 years ago) is that although he's living there (expired passport by about8 yrs & expired visa by about 15 years) and working as a teacher(no work permit) He may have a few problems should he ever decide to leave. Don't think the 20,000 baht rule will apply in his case even if he had it!!(Since heard his wife ,who was a big drinker has died- probably make his situation even harder now).

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can also get a PNG stamped in your passport as in Persona Non Grata - meaning not welcome anymore.

 

I have heard they can also give a 5 yr entry ban if you get jail time for immigration offences.

Edited by Craig_ozz

Farang = Walking ATM. TG's push the right buttons and money comes out. PIN = BBBJ

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