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.
Penalty for Overstaying Visa in Thailand
Complete guide to overstay fines, bans, and consequences for foreigners who exceed their permitted stay in Thailand.
Overview
Overstaying a visa in Thailand is one of the most common immigration violations. Outcomes vary based on duration and whether the overstayer surrenders voluntarily or is apprehended by authorities. The statutory penalty under Immigration Act Section 81 is imprisonment of up to 2 years, or a fine of up to THB 20,000, or both. Separately, a compounding (administrative settlement) schedule of THB 500 per day, capped at THB 20,000, is typically applied to those who leave voluntarily or surrender - it is not the Section 81 penalty. Re-entry bans are set administratively by the Immigration Bureau, not by the Act; longer overstays generally lead to longer bans, but the specific periods are Bureau practice that can change, so check current Bureau guidance.
Penalties Table
| Offence | Statute | Fine Range | Prison Range | Foreigner Note |
|---|---|---|---|---|
| Overstay (any duration) | Immigration Act B.E. 2522 (1979), Section 81 | Up to THB 20,000 | Up to 2 years (or fine, or both) | Statutory penalty. Any re-entry ban is set administratively by the Immigration Bureau, not by Section 81 |
| Overstay - voluntary surrender / departure (administrative settlement) | Comparison Committee compounding schedule (Immigration Act Section 84) | THB 500/day (max THB 20,000) | Not applied where the case is settled by compounding | Administrative settlement amount, not the Section 81 statutory fine. Typically paid by someone who leaves voluntarily or surrenders |
| Longer overstay (e.g. 90 days or more) | Immigration Bureau orders/policy | THB 20,000 (max) | Section 81: up to 2 years if prosecuted | Longer overstays generally lead to longer re-entry bans. Ban periods are Immigration Bureau administrative practice and can change - check current Bureau guidance |
| Arrested while overstaying | Immigration Act B.E. 2522 (1979), Section 81 | Up to THB 20,000 | Up to 2 years (or fine, or both) | Being arrested rather than surrendering generally leads to a longer re-entry ban, plus possible prosecution and deportation |
Important Notes
The THB 500/day administrative settlement fine is normally paid in cash at the immigration checkpoint upon departure.
Overstay periods are calculated from the day after your permitted stay expires.
Being arrested rather than surrendering generally leads to a longer re-entry ban (an administrative decision that can change).
Children under 15 are exempt from overstay penalties.
There is no statute of limitations on overstay — it is recorded permanently.
Overstay is an offence under Section 81 (up to 2 years, or a fine up to THB 20,000, or both); some long-term overstayers may face prosecution and deportation.
Disclaimer: This information is for educational purposes only and does not constitute legal advice. Penalties shown are statutory provisions and actual sentences may vary based on case circumstances and judicial discretion. Always consult a qualified Thai lawyer for specific legal advice.
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