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Thai Visa Overstay: Penalties, Blacklist, and Exit Procedure
Daily fine schedule under the Immigration Act, re-entry ban thresholds, pay-at-exit procedure, and the difference between voluntary surrender and arrest.
Last reviewed: 2026-05-30 · by Anglo Siam Law Editorial Team · How we research this topic
TL;DR
Overstay is governed by Immigration Act B.E. 2522 (1979) §81. The fine is THB 500 per day capped at THB 20,000. Overstay also triggers re-entry bans: 90 days+ → 1-year ban; 1 year+ → 5-year ban; 3 years+ → 10-year ban; 5 years+ → permanent. Voluntary self-surrender and pay-at-exit avoids arrest but does not avoid the ban thresholds.
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Overview
Daily fine schedule under the Immigration Act, re-entry ban thresholds, pay-at-exit procedure, and the difference between voluntary surrender and arrest. This guide explains what to expect, your rights, and the steps you should take to protect yourself in this situation.
Immediate Steps to Take
Calculate the exact overstay days. The first day of overstay starts the day after the permitted stay ends.
If overstay is under 90 days and voluntary departure is imminent, pay the fine at the airport immigration counter on exit. Keep the receipt.
If overstay exceeds 90 days, expect a re-entry ban — voluntary surrender at an immigration office in advance shows good faith but does not eliminate the ban.
If detained on overstay, accept identity confirmation but request embassy notification.
For accidental overstay (medical emergency, force majeure), gather supporting documents; immigration has discretion in such cases.
Do not attempt to 'reset' by border-running with overstay — exit through a land border still triggers fine and ban.
Legal Considerations
Important legal points to understand about this situation:
Immigration Act §81 — Overstay daily fine THB 500, maximum THB 20,000.
Immigration Bureau Order 327/2557 — Re-entry ban schedule by overstay length and voluntariness.
Immigration Act §35 — Voluntary surrender option (still incurs fine and may incur ban).
Immigration Act §54 — Deportation may follow overstay arrest, triggering separate ban consequences.
Immigration Act §12(10) — Persons previously deported can be barred entry as prohibited persons.
Key Statutes
| Statute | Reference | Note |
|---|---|---|
| Immigration Act | B.E. 2522 (1979), §35 | Voluntary surrender |
| Immigration Act | B.E. 2522 (1979), §54 | Deportation |
| Immigration Act | B.E. 2522 (1979), §81 | Overstay fine schedule |
| Immigration Bureau Order | 327/2557 (2014) | Re-entry ban length matrix |
Common Mistakes to Avoid
- Believing a border run resets the overstay — it does not; the fine and ban apply at the exit.
- Self-presenting at an immigration office for overstay >1 year — voluntary surrender does not shorten the ban period.
- Paying the fine in cash to an unknown agent at the airport — only the immigration desk issues legitimate receipts.
- Mistiming the visa-exemption stay (30 vs 60 days) — the validity period is in the entry stamp, not the visa.
- Believing extensions cover overstay retroactively — extensions must be filed before the permitted stay ends.
Embassy Assistance
What Your Embassy Can Do
Embassies can confirm identity, issue emergency travel documents if the passport is expired, and provide lawyer lists. They cannot waive Thai immigration penalties.
| Country | Phone | Website |
|---|---|---|
| United States | +66 2 205 4000 | th.usembassy.gov |
| United Kingdom | +66 2 305 8333 | www.gov.uk/world/thailand |
| Australia | +66 2 344 6300 | thailand.embassy.gov.au |
| Canada | +66 2 646 4300 | www.international.gc.ca/country-pays/thailand-thailande/bangkok.aspx?lang=eng |
| Germany | +66 2 287 9000 | bangkok.diplo.de |
| France | +66 2 657 5100 | th.ambafrance.org |
| Japan | +66 2 207 8500 | www.th.emb-japan.go.jp |
Frequently Asked Questions
What is the maximum overstay fine?
THB 20,000 cumulative, reached at 40 days. The fine does not increase beyond this, but re-entry ban consequences scale separately by overstay length and arrest vs surrender.
Will I be banned if I pay at the airport?
Below 90 days: no automatic ban on voluntary exit. 90 days to 1 year: 1-year ban. 1-3 years: 5-year ban. 3-5 years: 10-year ban. Over 5 years: lifetime ban. Arrested overstays carry stricter bans than voluntary surrender.
Can I apply for a new visa during the ban?
Generally no — the ban prevents entry on any visa during its currency. Limited humanitarian exceptions may be considered via the Royal Thai Embassy in the applicant's home country.
Is overstay a criminal record?
Overstay is a regulatory offence under the Immigration Act, not the Penal Code. It does not typically create a criminal record but does enter the Immigration database. Repeated overstay can be charged more seriously and may attract Penal Code charges.
What if I overstayed due to hospitalisation?
Bring medical records and a hospital certificate to the Immigration Office. Discretion exists for verifiable medical emergencies; the outcome depends on documentation and officer review. Pre-emptive contact is better than discovery at exit.
Expected Timeline
Discovery (at airport on exit, at immigration office, or via arrest) → fine calculation and payment → re-entry ban determination → departure → ban period runs from departure date.
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