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Can I overstay my visa to leave the country?
Asked by Anonymous reader, Bangkok · Answered by Anglo Siam Law Editorial Team
The question
“Can I overstay my visa to leave the country?”
Editorial answer
Technically yes — you can present yourself at the airport on the day of departure even if your permitted stay has expired, but the consequences are not trivial and many readers underestimate them.
Under the Immigration Act B.E. 2522 (1979) as amended, every day of overstay incurs a fine of THB 500 per day, capped at THB 20,000. Payment is made at the Immigration counter (สำนักงานตรวจคนเข้าเมือง) before you clear emigration. Plan for a longer queue and bring Thai baht in cash — many counters do not accept cards.
The hidden cost is the re-entry ban. If you voluntarily surrender at the airport with under 90 days of overstay, there is generally no ban beyond the fine — but Order No. 1/2558 of the Royal Thai Police imposes automatic bans of 1 year (90+ days), 3 years (1+ year), 5 years (3+ years) and 10 years (5+ years). If you are arrested rather than surrendering, bans start at 5 years.
Practical tips:
- Arrive at the airport at least 4 hours early — overstay processing is slower than normal emigration.
- Carry a printed flight itinerary and your TM.6 departure card if you still have one.
- If your overstay is more than 90 days, consider visiting an Immigration office before you fly to settle the fine and obtain a clearance letter — this can sometimes reduce confusion at the airport.
If you have any open criminal matter, a pending court date, or you are on a 90-day reporting obligation, do not assume the airport will let you leave quietly — speak to a Thai immigration lawyer first.
Disclaimer: This answer is provided for general information only and reflects Thai law as at the date of last review (17 May 2026). It is not legal advice and does not create a lawyer-client relationship. Laws and government practice change frequently — always consult a qualified Thai lawyer for advice specific to your situation.
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