If you’re new to Thailand, you might not know much about the concept of overstaying your visa.
Even if you’ve made a few trips back and forth already, you may have heard the term but might not fully understand the rules or consequences.
Either way, it’s an essential topic that every visitor should take the time to understand. Overstaying your visa can lead to fines, penalties, or even serious complications with future travel plans, so it’s worth being well-informed.
In this post, I provide a comprehensive breakdown of the visa overstay rules in Thailand. I’ll also share practical tips to help you avoid the hassle, stress, and potential issues that can arise from overstaying.
A real picture I took outside the airport. It had two foreigners on visa overstay charges in the back, ready to be taken to the detention center.
What Does Overstay Mean?
Overstay refers to remaining in Thailand beyond the period permitted by your visa or entry stamp.
For example, staying more than 30 days on a 30-day exemption stamp constitutes an overstay.
Similarly, exceeding 60 days on a single-entry tourist visa or staying beyond 90 days on a single-entry Non-Immigrant O Visa would also be considered an overstay.
Is Overstaying Illegal?
It is illegal to overstay your visa in Thailand, but overstaying by a small number of days does not carry a serious penalty.
However, overstaying for a long period of time could land you in serious trouble. The penalty is significantly more severe if you are caught by authorities rather than self-declaring your overstay at immigration.
What Are the Current Overstay Ban Rules?
- Overstay more than 90 days: 1 year ban from Thailand
- Overstay more than 1 year: 3 year ban from Thailand
- Overstay more than 3 years: 5 year ban from Thailand
- Overstay more than 5 years: 10 year ban from Thailand
How Much Is the Overstay Fine?
The fine depends on the number of days you have overstayed. The minimum charge is 500 Baht per day. This goes up to a maximum of 20,000 Baht for overstays of 40 days or longer.
What Happens If I Am Arrested by Immigration?
If you are arrested by immigration for overstaying your visa, the penalty is far worse.
It is likely that you will be taken to an immigration detention centre. After this, you will be subject to the following ban:
- Overstay less than 1-year: 5 year ban from Thailand
- Overstay more than 1-year: 10 year ban from Thailand
Where Is the Immigration Detention Center?
The IDC (Immigration Detention Center) is located at the Immigration Office on Soi Suanplu, Bangkok. If you are arrested for overstaying, you will be held there while awaiting a court date. If deportation is ordered, you will remain in the center until your flight home.
As we've seen reported in the news multiple times, conditions at the IDC are notoriously harsh. The facility is often overcrowded, unhygienic, and infested with cockroaches. Meals are poor in quality, and there is typically no bedding provided. These grim conditions highlight the importance of staying within the legal limits of your visa to avoid such consequences.
Note that the IDC is generally somewhere a serious overstayer will be taken. We're talking months and years, not days.
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Will I Be Banned If I Overstay by a Few Days?
No, overstaying your visa in Thailand does not automatically result in a black mark against your record. Many foreigners pay overstay fines every day without lasting consequences.
The easiest place to pay your fine is at the airport, as you depart Thailand. However, the official legal stance is that anyone on overstay should immediately report to an immigration office to settle the fine.
You may have noticed overstay booths located past passport control at airports offering international flights. These booths are specifically set up for paying overstay fines.
Overstaying by a day or two is quite common, often due to unforeseen circumstances like feeling unwell and unable to travel. In such cases, you can pay the 500 Baht per day fine at the airport's overstay counter.
For example, if you overstay by 4 days, the total fine would be:
4 days × 500 Baht = 2,000 Baht.
That said, don't make a habit of overstaying your visa. While a short overstay due to illness or a lost passport is understandable, overstaying just to extend your trip—like spending an extra day with a friend or partner—is not a valid excuse.
If you're a frequent visitor to Thailand, it’s wise to maintain a clean immigration history by always leaving on or before the date specified on your visa. A good track record ensures smooth future visits.
What If I Over Stay by More Than a Few Days?
If you find yourself in a situation where you have overstayed your visa by more than five days, it is best to visit the nearest immigration office and explain your circumstances. You will most likely be required to pay the fine there.
Depending on your situation, you may also be allowed to apply for an extension of stay. This extension would grant you the legal right to remain in Thailand for a specified period of time.
For those who have overstayed by more than 90 days, it is highly advisable to seek legal advice to assist with preparing your exit as soon as possible. Legal assistance can help reduce the risk of detention. Keep in mind that in such cases, you will likely face a one-year ban from re-entering Thailand.
What If I Overstay in Thailand More Than Once?
Overstaying your visa once or twice by a day or two is unlikely to cause any significant issues. However, repeated or continuous violations of immigration laws can create problems for you.
Your passport could be stamped with a notice of your violation, which may complicate future travel to Thailand and make obtaining visas for other countries more challenging.
It’s always best to stay on the right side of the law to avoid unnecessary complications.
What If I Overstay by a Few Hours, Will I Be Fined?
Probably not. Immigration understands that flights can be canceled or delayed, or that unforeseen circumstances like traffic may cause you to miss your flight.
When situations beyond your control lead to overstaying, there is usually no issue. Even if you are charged for a day of overstay, it’s generally not a big deal.
Can Children Be Fined for Overstay?
Children under the age of 15 are not fined for overstaying but will still receive an overstay stamp if they overstay when leaving the country.
Please note that being exempt from the overstay fine does not exempt children from needing a valid visa to enter the country or a valid extension to stay in the country. More on child visas here.
In Summary
The overstay rules in Thailand are stricter than they used to be, but they are still relatively reasonable, especially considering how the system has been abused over the years.
Paying 500 Baht per day for a couple of extra days in Thailand is not a significant expense, and it's reassuring to know that if you're ill and need to rearrange your flight, you can pay your overstay fine at the airport.
That said, the easiest way to avoid overstaying is to be organized. Plan your trip to ensure you have a visa that adequately covers the amount of time you want to stay in Thailand.
If you think you might need more than the 30 or 15 days granted upon arrival (depending on your nationality), make sure to obtain the appropriate visa before you arrive.
+ Find out what visa you need here
Rather than think; “If I need more time, I will just do a visa run“, instead apply for a single or multiple-entry tourist visa before you leave your home country. That way you will have the extra time you need.
A visa run means traveling across the border by land or air to a neighboring country and usually returning the same day. This gives you a new entry stamp in your passport and resets your stay.
If you do need to do a visa run, check out the fastest and cheapest option here.
Also remember that you can always extend your stay in the kingdom by visiting an immigration office. So if you are three quarters of the way through your holiday and think you might want to stay longer, take the afternoon out and go to immigration to extend your visa.
More Tips for a Better Life in Thailand
Send Money to Thailand:
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Get Good Health Insurance:
Start with a quick quote from Cigna. You can then use that as a base quote to beat elsewhere.
Improve Your Thai Skills:
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Protect Your Online Privacy:
A VPN protects you against hackers and government snooping. I always use one. You should too. Read why here.
Last Updated on
Simon says
I was deported from Thailand 8 years ago after serving 18 months in prison. Immigration at the airport stated I could apply to return after 5 years. What's the best way forward?
Any information would be appreciated.
Cheers
Sep 28, 2022 at 4:36 pm
TheThailandLife says
Sep 28, 2022 at 5:00 pm
Dean says
Jun 07, 2021 at 12:30 am
JamesE says
Jun 07, 2021 at 2:54 am
Max says
Jun 07, 2021 at 8:08 am
Bubba says
Mar 08, 2021 at 5:05 pm
Max says
Mar 09, 2021 at 8:02 am
Bob Morgan says
What people do not realize is that when it goes bad in Thailand it can go very bad very fast! Thailand is one of the most violent countries in the world. It is 4th. worst for murder by handgun and I believe the second most dangerous country in the world to drive in. Hell, the police will murder people for you!
If you doubt what I say please look up Ernie Del Pinto who was murdered in Mae Hong Sorn by a Thai police sergeant- he shot Ernie in the face 3 times and then shot his girlfriend Carly Reisig in the chest- she was 5 months pregnant! The cop was off duty and blind drunk. He got off of all charges. He later beat his pregnant girlfriend to death in front of his 10 year-old daughter- nice people! Then he was convicted! But why would he shoot a pregnant Canadian woman? And the Thais wanted her at first to pay her hospital bill- now that is gall!
I got to pay some $15,000USd for my surgeries due to a Thai moron! So enter Thailand at your own peril as the people are nuts! And I spent 18 years there so I am no virgin to Thailand! I was a professor there for years. And the corruption can come at you from so many angles as the entire country is so unbelievably corrupt! I mean kids start cheating in school in the first grade!
So please do some research before you move their- there are far better countries than Thailand! I wish I had never seen the place! And I could wear out my keyboard telling stories about how horrible the Thai people are and all my together Thai friends totally agree with me! It is a toilet in so many ways but mainly due to the people who are so horrible!
Nov 22, 2020 at 4:56 am
Bubba says
Jun 07, 2021 at 6:29 am
Chris says
I am now utilising the free visa extension till 31st July, my flight home has been rescheduled to 2nd August.
Will the overstay fine be 1000 Baht without any further implications on coming back to Thailand or is there other implications as I am overstaying the free visa extension by two days.
Jul 03, 2020 at 9:06 pm
Max says
Jul 03, 2020 at 10:12 pm
Marco says
Will you be charged for the time you spend in detention center?
I’m asking this because my friend is being asked to pay for his 60 days detention at Suan Plu. He already paid the initial 6 days overstay (5,000 THB instead of 3,000 THB) but was not release because his original visa was suspected of not being legal and he had to wait for a prosecutor to decide wether he would need to go to court or not.
Today they offered him to get a plane ticket to be sent home but also want him to pay for the extra 60 days he spent in detention.
Is this a normal procedure in Thailand? Or is he being cheated.
Of course, he will pay if that’s the only way they will release him or is it better to get a lawyer to sort the problem(I personally think that a lawyer will only make his release more complicated as the officers at immigration pretty much have full authority on what goes on at the IDC).
Please advise
Mar 03, 2020 at 12:48 am
Max says
Mar 03, 2020 at 11:08 am
Dean says
Mar 01, 2020 at 12:20 am
James E says
Mar 01, 2020 at 11:21 pm
Max says
Mar 02, 2020 at 12:43 am
Anthony Bouwman says
Feb 16, 2020 at 7:35 am
TheThailandLife says
Feb 16, 2020 at 7:14 pm
Max says
Feb 16, 2020 at 8:54 pm