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Why Some People Overstay Their Thailand Visa and the Consequences

The Land of Smiles is a beautiful country with a rich history and culture that attracts millions of tourists each year. However, some visitors to the country end up overstaying their visas, which is a serious offense that can lead to fines and a multiple-year ban on re-entry.

In this Pacific Prime Thailand article, we will explore why some people overstay their visa in Thailand, and what penalties and consequences they could face.

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Why Some People Overstay Their Thailand Visa

Like many other offenses, sometimes the offense of overstaying a visa is committed intentionally, but very often it is unintentional.

By Mistake

In many cases, people overstay their Thailand visa because they are mistaken as to the length of stay permitted, or the type of visa they are on. This can result from failing to carefully read the terms under which the visa is issued, or being misinformed by their travel agents.

Another common cause for people overstaying their visa is that they do not know they need to renew their visa before it expires, or they have forgotten to do so.

To Save Money

People who are on a tight budget are especially tempted to forgo the visa renewal or extension.

To Work

Some of those who overstay their visa are actually working in Thailand, often in the black market.

For Reasons Related to Health

Thailand is one of the top destinations for medical tourism. In many cases of overstaying, the hospitalization or recovery takes longer than originally anticipated when the patient applied for their visa, meaning that they cannot leave the country before their visa expires.

Another scenario is that the person falls ill while in Thailand, and must be treated before they are fit to travel again. Oftentimes, their visa expires when the patient is recovering.

For Economic or Political Reasons

Some of those who overstay their visa are really looking to leave behind the political instability or economic hardship in their own country. Many of these people hope that, one day, the Thai government will announce an amnesty that applies to them.

What Problems Are Created When People Overstay Their Visa

While at first sight overstaying a visa does not appear to be a serious crime, it does create a number of serious problems for the overstayer as well as Thailand.

1. Lost Tax Revenue

Illegal workers are off the radar of the tax authorities. Therefore, when they do work that should have gone to legal residents or workers, the government will lose that part of the income tax revenue that a legal worker would have paid.

2. Lower Wages and Worse Working Conditions for Legal Workers

Many overstayers are willing to work for markedly lower wages than what legal workers get, and under conditions that many legal workers simply will not accept.

As a result, the existence of “black market labor” tends to reduce the bargaining power of legal workers, causing their income and work conditions to suffer.

3. Overstayers Are a Time Bomb for Society

Overstayers tend to live in slums or other similar conditions, creating significant public health risks in communities. Moreover, these areas can become hotbeds for criminal activities, including drug trafficking and the sex trade. Terrorist groups may also recruit overstayers for their activities.

4. Solutions to the Problem of Visa Overstaying Tend to Be Self-defeating

Cracking down on overstayers can easily expose their difficult situations, causing public opinion to shift in their favor. On the other hand, more lenient measures like giving them limited access to social services and amnesties tend to encourage more people to overstay their visa.

Consequences of Overstaying

The consequences of visa overstaying depend mainly on the length of the overstay. The table below provides a summary of the penalties of visa overstaying (if the overstayer surrenders to the immigration authorities).

Length of Overstay Fine (THB) Other Penalties
Below 90 days ฿500 per day (up to ฿20,000) Nil
Between 90 days and 1 year ฿20,000 Ban on re-entry for 1 year
Between 1 and 3 years ฿20,000 Ban on re-entry for 3 years
Between 3 and 5 years ฿20,000 Ban on re-entry for 5 years
Over 5 years ฿20,000 Ban on re-entry for 10 years

 

Moreover, the consequences of overstaying a Thailand visa is not limited to Thailand. Repeated overstayers risk having their passport stamped, stating that they have been in violation of the immigration laws of Thailand. This will make entering other countries much more difficult.

What to Do If You Are Already Overstaying

Don’t panic. Unless you overstay by a long stretch, you can normally settle the matter by paying the fine.

If You Overstay by a Few Days

If you overstay by, say, one week, then make sure you have the cash to pay the fine at the airport.

However, be careful not to get on the wrong side of the law, because if you are detained by the police, you will be caught overstaying even if the matter for which you’re detained is totally unrelated to your visa overstay.

On the other hand, if your flight is still a few days away and you cannot book an earlier flight, then it would be wise to head to the nearest Thai immigration office and settle the matter earlier. Normally, all you have to do is to explain your situation and pay the fine.

If You Overstay by More than a Few Days

In this case, you should seek legal assistance, and get ready to leave Thailand as soon as possible. Be prepared to be prohibited from re-entering the country for a set length of time though.

As a general rule, unless you are sure you can settle the matter simply by paying the fine, it’s always advisable to seek legal assistance. After all, visa overstaying is an offense.

Secure Long-stay Visa Insurance via Pacific Prime Thailand

If you are staying in the Land of Smiles for an extended period of time, not only will you need to make sure your visa is extended or renewed well before expiry, but you’ll also need to secure long-stay visa insurance, along with the right expat health insurance or international health insurance, so that you’ll be well protected against the uncertainties of life.

With more than 20 years of experience in the field, Pacific Prime is your trusted partner for all matters related to insurance. Our ability to find the plan that meets all your requirements and fits your budget is unsurpassed, and you won’t be paying more than going straight to the insurer.

So, contact us to discuss your needs or for a FREE plan comparison today!

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Content Creator at Pacific Prime Thailand
Martin is a writer and translator with over 10 years of experience. He writes articles and blog posts, creates infographics and videos, translates between Chinese and English, and more. Skilled at explaining complicated concepts in layman’s terms, Martin believes the gold standard of translation is attained when the translated text is not only accurate, but also reads like an original text. Martin holds a degree in Economics from the University of London, UK.

Since joining Pacific Prime, Martin has become even more aware of the gap between the true value of insurance products and most people’s appreciation of it, and developed a passion for demystifying and simplifying matters, so that more people get the protection they need at a cost they can easily afford.

In his free time, Martin attends concerts of various genres, and plays the violin with piano accompaniment he pre-recorded himself or played live by his niece.
Martin Lee