Educational Information Only
The content on this page is for general educational purposes and does not constitute legal advice. Every legal situation is unique. For matters involving investigation, arrest, litigation, or formal proceedings, consult a qualified legal professional.
Visa Overstay in Thailand
Remaining in Thailand beyond the authorized period of stay.
Immigration Act Section 81
Fine of 500 THB per day (maximum 20,000 THB) plus potential ban from re-entry
moderate
Definition
Remaining in Thailand beyond the authorized period of stay. Under Thai law, this offence is classified as a moderate offence within the category of Immigration Offences.
Legal Basis
Immigration Act Section 81
Primary legislative provision for visa overstay offences.
Elements of the Offence
For a conviction, the prosecution must prove all of the following elements beyond reasonable doubt:
Entry to Thailand on valid visa or exemption
Remaining beyond authorized period
No valid extension obtained
Penalties
Maximum Penalty
Fine of 500 THB per day (maximum 20,000 THB) plus potential ban from re-entry
Actual sentences depend on factors including the severity of the conduct, harm caused, prior convictions, and mitigating circumstances. Courts have discretion to impose lesser sentences within the statutory range.
Possible Defences
The following defences may be available depending on the circumstances:
Valid extension obtained before expiry
Force majeure (illness, etc.) in limited circumstances
Note: The availability of defences depends on specific facts. Professional legal advice is essential.
For Foreigners
Special Considerations for Foreign Nationals
Overstay over 90 days results in re-entry ban of 1-10 years depending on length. If arrested, ban doubles.
When Legal Representation Matters
If you are accused of visa overstay or facing investigation, immediate legal representation is essential to protect your rights and build an effective defence.
Anglo Siam Legal provides experienced legal services across Thailand for both Thai nationals and foreigners.
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