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The A-to-Z of Overstay: Rules, Fines, Bans, Detention & More

If you're new to Thailand then you probably don't know too much about overstaying your visa. If you've made a few trips back-and-forth already, you may have heard the term but probably aren't  au fait with the rules.

Either way, it's something every visitor and expat should familiarise themselves with.

So in this post I give you a full breakdown of the rules, plus some advice on how to avoid the hassle of overstaying your visa.

The A-to-Z of Overstay

What Does Overstay Mean?

Overstay refers to staying in Thailand beyond the period for which you are permitted.

An example of overstay would be to stay more than 30 days, if you have been given a 30-day exemption stamp.

Another example would be to stay more than 60 days on a single entry tourist visa, or more than 90 days on a single entry Non Immigrant O Visa.

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 a lot of trouble.  Indeed, if you are on overstay and you are apprehended by immigration police, the consequences are far worse.

What Are the Current Overstay 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 If I Am Arrested by Immigration for Overstaying?

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 is located at the Immigration Office on Soi Suanplu, Bangkok.  If you get arrested you will be held there while you await a court date. If you are to be deported, you'll be held here too until you take your flight home.

Note that the IDC is generally somewhere a serious overstayer will be taken; we're talking months not days.

Will I Be Banned from Thailand If I Overstay by a Few Days?

No. You can pay a fine and you will not receive a black mark against you. There are foreigners who pay overstay fines every day.

It is easiest to pay your fine on the way out of Thailand at the airport. However, the legal line is that any person who realises they are on overstay should immediately go to an immigration office and pay the fine.

You may have noticed that there is an overstay booth  located on the other side of passport control –  at the major airports. It is here you can pay your overstay fine.

Overstay is very common, at least by one or two days. Often people have good reason to stay another day or two and therefore it isn't practical to spend a day at immigration extending a visa. So it's just easier to pay 500 Baht per day at the airport overstay counter.

Let's say you overstay by 4 days: you'll pay 4 days x 500 Baht = 2000 Baht.

However, you should not make a habit of this. It is perfectly reasonable to overstay your visa by a day or two if you have misplaced your passport, or you are suffering from illness and cannot fly.

That said, excuses such as the fact that you wanted to spend an extra couple of days with your girlfriend, or needed to do some more shopping, are not valid. If you are a regular visitor to Thailand, endeavour to keep your immigration history as clean as possible.

What If I Overstay More Than Once?

One or two times isn't going to be an issue, particularly if it is just one, two or three days. But continuous violation of this immigration law could become a problem for you.

Your passport could be marked with a stamp declaring you in violation of immigration law. This stamp will label you as an “undesirable alien”. This could make travel  to Thailand, and obtaining visas for other countries, more difficult.

We all hate having too many rules, especially when it interferes with our holiday. But in the case of overstay, it is best to stay on the right side of the law.

What If I Overstay by a Few Hours, Will I Be Fined?

Probably not. Immigration understands that some people have their flights cancelled or delayed, or that they might get stuck in traffic, be late to the airport and miss their flight.

There are clearly circumstances beyond your control that may cause you to overstay. In these circumstances, there generally won't be any problem.

Can Children Be Fined for Overstay?

Children under the age of 15 are not charged a fine for overstaying but still get overstay stamps when they leave the country. However, note that being exempt from the fine does not make them exempt from needing a valid visa entry or extension to stay in the country.

The easiest way to avoid overstay is to simply organise yourself efficiently. Plan your trip so that you have a visa that covers the amount of time you want to stay in Thailand.

=> A full guide to visas can be found here

Rather than think; “If I need more time I will just do a visa run”,  simply apply for a single or multiple entry tourist visa before you leave your home country that gives you more than enough time than you need in the kingdom.

That way, if you do need to stay a couple of extra days you will be fully covered. Visa runs can be a pain, and certainly isn't something you want to leave the beach or the bar for

=> If you are considering a visa run, read this first

If you think you might need more than the 30 or 15 days you get on arrival (depending on which country you are from), make sure you get the right visa before you arrive.

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.

The overstay rules in Thailand are stricter than they used to be, but they are still pretty reasonable –  especially considering how people have abused the system over the years.

Simply being able to pay 500 Baht per day for a couple of extra days in Thailand is not a big expense, and it is reassuring to know that if you do come down with a bout of traveller's tummy you have a little extra time to recover before your flight.

More Tips for a Better Life in Thailand

Send Money to Thailand:

Use Transferwise. It is fast, cheap, and gives you the market exchange rate. Me and the majority of my readers are using it.

Get Good Health Insurance:

Start with a quick quote from Cigna. Then compare my other recommendations here.

Improve Your Thai Skills:

Learning Thai makes life here easier and more fun. I use Thaipod101. It is free to get started & easy to use.

Protect Your Online Privacy:

A VPN protects you against hackers and government snooping. I always use one. You should too. Read why here.

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  1. Bubba says

    I currently live in Bangkok but my "house book" forces me to renew my visa in Lampang. Today is March 8 and my non-immigrant visa expires on March 15. I flew up from Bangkok and went to Immigration and was informed that all of the paperwork I was given at Lake was unacceptable! I was given an appointment to return on March 12 for an extension on my spouse visa! Then 30 days later, after my application is processed, I can return again for my spouse visa. The "wait-time" is due to the heavy case.. After 4 years I am at a total loss for words when it now comes to dealing with Immigration in Thailand.
    Reply

    • Max says

      I don't understand what the problem is if you have done the same procedure 3-4 times before. Nothing has changed regarding extensions since January 2019, and that was just a minor change about income letters for people from the US, UK and Australia. Some requirements might differ between immigration offices, but that's all.
      Reply

  2. Bob Morgan says

    WOW! I will never return to Thailand. I was in a very serious near fatal motorcycle accident in Wiang Papao in 2015 (in between Chaing Rai and Chiang Mai). The truck driver who caused the accident and his insurance agent bribed the cops and the "lead investigator" assured me that if I did not sign papers that I caused the accident that he would make sure I went to prison for 2 years and would die in that prison! He also said he would destroy my girlfriend and her daughters and rape was mentioned! His friends changed their testimony numerous times and I kept catching them in their lies but the police got their blood money. 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!
    Reply

  3. Chris says

    I'm currently here in Thailand on an expired 60 day Tourist visa which was extended by 30 days to the end of May. 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.
    Reply

    • Max says

      There will probably be no fines for overstay straight after the amnesty is lifted. It might even get extended. Everything is depending on other countries and if they open up their borders. If migrant workers from neighboring countries have 7 days to leave the country,why would it not be same for foreigners?
      Reply

  4. Marco says

    If you are detained at IDC for a visa problem and waiting for a court date, 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
    Reply

  5. Dean says

    I have not over stayed my visa extension yet but am thinking about it now. With the virus all over China, I do not really want to return to China so soon. My visa will expire around March 15th. I plan to go back to China April 15th. So I will over stay 30 days. Can I get picked up by the thailand police for this? During the 30 days that I will in Thailand.
    Reply

    • James E says

      Yes. Once you are in overstay you are fair game. Anyplace that might require a passport - hotel, car rental, etc. - is probably required by law to rat you out. Even if you don't get caught a 30 day overstay will result in a fine and a flag on your passport. You don't say what kind of visa you have but you might be able to apply for an extension at immigration or to a visa run to Laos and get a new one.
      Reply

  7. huss says

    Good day,second time overstay,Sorry for Overstay, 1st overstayed in 2019 march 40 days, then i paid 20,000 at airport and go back my country hassle free, after i took visitor visa and arrived at suvarnabhumi airport and get 60 days entry, i stayed in kingdom 35 days and went back.in Nov 2019 i came again on tourist visa and get entry for 60 days, and this time unfortunately i get overstayed about 85 days , now i am planning to leave kingdom before 90 days,can i banned ? or just paid fine and can leave without ban??please share your expertise.
    Reply

  9. Matthew says

    I overstayed my visa of 96 days I paid at the airport 20,000 baht I was given a red stamp ,with a number 1 in Blue ink in the middle of the red stamp ,is that a 1 year ban When the ban is finished can I go back two thailand
    Reply

    • Max says

      Yes, your ban is 1 year and you can come back. My advise is, don't do it again. If you had overstayed 89 days, you would have been ok,no ban. Some will say that getting a new passport is a good idea,they might be correct.
      Reply

  10. Linda says

    Hi, We have a tight schedule here in Thailand. If everything goes well we will not overstay, but if one of us gets ill and won't be able to travel we might have an overstay of one or two days. We plan to cross to border to Laos near Chiang Rai. Do the same rules apply? Do we just pay the fine there and everything is okay?
    Reply

  11. Steve says

    Hey, if my baby overstay for 30 days? my wife have extension for 30 days because she has Ukrainian passport, but we could not make same extension for baby girl, because she has Russian passport and it is just 7 days extension for Russians
    Reply

    • TheThailandLife says

      You can get a visa extension for a child of any age. If you don't, your child will not be fined because children are exempt from fines in Thailand. They will still put an overstay stamp in the child's passport, but there will be no fine or ban.
      Reply

  12. Cyril says

    hello, i come regularly in thailand with 30 days stay. This year i realised that next week when i will come back to BKK, i already stayed a total of 178 days this year. So should i leave the next day to not stay over 180 days? or can i stay until my return flight ticket that will be beginning of december, then i guess pay a fine?
    Reply

    • Max says

      There's no fine for staying more than 180 days,but you might have a problem entering Thailand at the airport. There's been a lot of reports this year about people being denied to enter because of to many 30 days visa exempts and to many days in Thailand as a tourist. You might be asked to show an outbound ticket and 20000 baht or equal in other currency in cash.
      Reply

  13. Sarah says

    I overstayed by 15 days on a 60 day tourist visa - I found out when I went to go get the 30 day extension. I had stupidly mistaken my visa's validity date for the amount of time I could be in the country. The fine is paid and the extension was approved. When I leave though, can I apply for another 60-day tourist visa or is this going to be a problem?! (I am eventually getting an ed visa)
    Reply

  15. Nick says

    Hello. I’m from Russia. I overstay 4 month. I want to fly to Vietnam don’t comeback to my country. So If we deduct 500 baht per day, it would be 60,000 baht. but can I pay 20,000 baht? will i have no problem? how much should I pay at least for 4 months For fly to other country?
    Reply

  16. Elaine blowers says

    I have unintentionally booked a flight from uk landing in Bangkok midday 6th November and departing Bangkok 6th December at 20.30pm. I thought I was in Thailand for 30 nights and 30 full days but revisiting my ticket I’m there 30 days 20 hours . Will I be stopped entering Thailand as I will have completed a landing card with my departure dates as the 6th dec?
    Reply

    • Max says

      If possible enter Thailand on a 60 days TR tourist visa obtained at home in a Thai embassy/consulate and not on a 30 days Visa Exempt. This way your visit will look more serious. You were just banned 1 year until July 2017,so it shouldn't be a problem.
      Reply

  18. Murat says

    Hello, I went to Thailand last year on october, we made visa for me and for my wife, but for our 1 year baby we didn't make visa. My friends said that no need make visa and pay money for baby, but that was wrong :(( My baby overstay 26 days. They didnt want the penalty money for her at the airport but they stamp her passport. We want to go back to Thailand in october again. Can it be problem for my 2 years old baby in airport ? Can we go again ? Thanks
    Reply

  19. Lucy says

    Good DayIf one has done a border run from Thailand intoCambodia but was denied entry which has been stamped in passport . Returned back into Cambodia what can be done in order to sort this out ? Re enter Thailand and be allowed another 30 day stay in Thailand
    Reply

  20. Aakib says

    Hello 2 years before I was doing business on tourist visa in Bangkok. So Thai police arrested me and send me to the prison. After 48 days Court released me and send me to the Bangkok IDC 13july 2017 they deported me to India with red stamp on my passport. I was over stay only 3 weeks because of prison I want to know how long I will not come to Thailand.
    Reply

    • TheThailandLife says

      A 3-week overstay wouldn't incur a ban (usually). But you were working on a tourist visa so they may have banned you for 5 or 10 years, or indefinitely. This should have been explained to you at the court ruling.
      Reply

  21. Joseph Moore says

    I overstayed 4 years I gave my passport to immigration officer and 20,000. Bhat give me another 1 year o a retirement visa. The lady never returned to the office and I had a baby now 4.5 years old. They arested me an banned me ten years. What can I do to be reunited with me Thai family?
    Reply

    • TheThailandLife says

      To clarify, you went to immigration and admitted your overstay. You paid the 20k. The officer said they would give you a retirement extension, but then she didn't return to the desk and you were arrested instead. Is that correct? So where are you now? Did they let you go? Or were you deported and banned for 10 years?If you were deported and banned for 10 years then you will need a lawyer to fight in the courts and have this ban overturned.
      Reply

      • saril b sulaiman says

        my name saril b sulaiman.1years ago i was charged by the trafik law.when iarrive at hatyai many people waiting for us malaysia buses to check.they blocked 7 malaysia buses at robinson.thailand court chareg cajus tqi and other driver paid the summon 60000 bath for 1.i want to ask u why my pasport was bann.today almost 1 year and half icannot enter hatyai.i want to know how long cannot go insidethaila d
        Reply

  22. Ryan Meyer says

    I went to Cambodia a from Thailand via mini bus on the 6th March. Got my stamp and 30 day and back into Thailand the next day. The one stamp says visa valid until 6th April and another one says 4th April. I now want to extend my visa at immigration for one month. Since today is the 4th April. If i do not go today will i have to pay a fine. Even though I have 2 stamps. One with the 6th and one with the 4th. I am not sure why the stamp says the 4th April as I entered back into Thailand the 6th March on a 30 day visa. Please assist. Thank you
    Reply

    • TheThailandLife says

      30 days is 4th April. The other stamp may have been a mistake. You need to go today. If not, go tomorrow and say you thought it was the 6th because that's what the stamp says. You might get a pass.
      Reply

  23. William Lowrey says

    I have accidently overstayed 30 days in Thailand. This was genuine confusion after people in the queue were surprised they had 3 months instead of the usual 2. I got my passport and indeed it had until march 18th. I didn't pay attention to the stamps however, just thought they would tally with the visa. To my horrror, as I was about to go to immigration to extend, I saw the stamps and got a sinking feeling. Realised that the 18th march date was just the visa validity length and not my allowed stay in thailand. I'm not sure what to do as Kuala Lumpur apparently dont like to see multiple tourist visas in passports. I'll have to flu out and pay a hefty fine - but can I just re-enter on 30 days visa exemption?
    Reply

  24. Vinod says

    Me and my wife (both Indian nationals of 65 and 63 years of age) came here on 13th night. We checked at 2300 Hrs and was given visa on arrival for 15 days. Our return flight is on 28th March, early morning. We requested Immigeration officer for allowing us either staming our passports after 1 hour on 14th March or give us 16 days visa. He seems to be very angry with the whole world and shouting at everyone. He did not agree to our genuine request. I do. It know why such a officer is given the duty at the counter, who cannot even smile or return your good evening message.Are we supposed to pay a fine of 500 Bhts on 28th morning before standing in the long line at the immigeratiom counter or first trying our luck at immigeratiom and if the authorities ask us to pay, then pay and this delay thr flight.
    Reply

    • TheThailandLife says

      The officer can't give you 16 days because there isn't a 16 day stamp. It's unfortunate that you arrived an hour before and will overstay by a day. You can try and leave as normal but most likely they will charge you 1-day overstay. Don't stress, try and enjoy your holiday.
      Reply

    • TheThailandLife says

      To clarify: you were on a retirement visa (extension), which was valid at the time you left Thailand, then you left for a week, came back in and was banned for a year? Or do you mean you came back in and didn't realize your retirement visa had been cancelled and actually you were on an exemption stamp for 30 days?Unfortunately the onus is on you to know the rules. You can appeal but it will be a costly process and difficult to do from outside Thailand.How long did you overstay?
      Reply

    • TheThailandLife says

      You mean they stamped the wrong date? Hmm, tricky one, because it may say the proper date on the system, so when you go to leave it will trigger overstay. But it's their error. I reckon it's worth going to immigration and getting it cleared up.
      Reply

  29. Christzen says

    Good morning, for many personnal reasons, my overstay is almost four years. Now i have ticket plane to come back in my country and 20000 baths for emigration office at the airport, can i go without trouble or i have to pay more ? Thank's for answer and best regard.
    Reply

    • Tony says

      I would not do as replay says I would get passport sorted with embassy and phone who you can for a flight home because you will be taken to Idc and left in there until you pull up the money but you will be limited in how you go about that because I have just left idc myself it was very hard to contact the out side world I had money on my debit card but they wouldn’t let me book on line so-had to relay on my British embassy that come once a week to make calls to family the embassy where useless would leave saying the would-send email to my dad with bank details which they never did I had no other way of getting money to me safely and was locked up for longer then I had to be because idc is a business where human well being doesn’t matter it’s about charging you more money then your ticket home is me and my partner was there who was pregnant it was hell I would have paid any think to get out it was such a inhumain place we come out sick I have just been told I have scabbies we feel so unwell with in are selfs . for a immigration center you are treated worse then if you are a prisoner in Thailand if any one has over stayed even by a day when leaving I would have to advice to have in cash your flight money plus bribe money cos the idc say they need to check your finger prints that take two weeks if your lucky but if you pull up money they can do it with in days if you have cash but if you got a card no good as A result of how me and my partner was locked up for 3 mouths for nothing treated worst then animals giveing food you wouldn’t even give to a dog I will never go back to Thailand been out there 4 times in the last year wanted to travel more see more but not now will never go back
      Reply

    • TheThailandLife says

      Once the 6-month ban is up you'll be good to come back in. Did they stamp your passport with the ban? If so, maybe apply for a new one so the immigration officer doesn't see that when you come back in. Next time get a tourist visa; it's easier.
      Reply

  34. Kevin Y says

    Hi thank you for the details information re Thailand visa. My son is 1 year old and only get a tourist visa when we entered Thailand. My wife and I work in Bangkok, and is the child under 15 year age are not charged any fine for overstaying? I'm is this still valid until today? 2018? I have read from few forums and websites but never find any information from a goverment site etc, so I'm still worry we have to pay a lot of money when we leave Thailand for holiday.
    Reply

    • TheThailandLife says

      Hi Kevin,Children under the age of 15 are not charged a fine for overstaying but still get overstay stamps when they leave the country; because like everyone else children need a valid visa entry or extension to stay in the country.
      Reply

  35. Naz says

    Hello .in 2015 my visa had expired ,i was oversaty 4 monts but finally i go to court paid fine and went back home country .in 2016 i came thailand but unfortunatly my visa again expire from 4 monts .but again i want to leave thailand .so can i go to airport and pay fine or should i go by cort . My tickets are ready at18 november 2018
    Reply

  36. David says

    Perhaps this is a separate topic unto itself. But there seems to be lots of discussion these days on expats needing to fill out the TM30 form,Personally, never filled one out and never been asked in all my years of going back and forth to Thailand. I doubt my Thai family would even know about this. Chief of police in my village is a family friend, but this doesn't necessarily mean I wouldn't be fined one day.Any thoughts on this?
    Reply

    • TheThailandLife says

      The law states that all properties that have non-Thai nationals living on their premises must register them with the immigration department. The owner of the property can do this online or in person. Once you leave the country it will expire, so when you re-enter and stay with the person again it must be done again.Most likely you could go 100 years without doing it and no issue, but for the sake of compliance I'd just get it done.
      Reply

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