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ResourcesVisa & Immigration LawThailand Immigration LawWill I Be Blacklisted Overstaying Over 90 Days in Thailand?

Will I Be Blacklisted Overstaying Over 90 Days in Thailand?

Transcript of the above video:

As the title of this video suggests, we are discussing overstay and blacklisting and we are discussing it specifically in the context of those who have overstayed by 90 days or more.  Really this video should be looked at as discussing the threshold of 90 days because 90 days is the threshold at which an overstay becomes an automatic blacklisting.

We are going to go ahead and put this up on screen for you. This was published by Royal Thai Immigration. It is basically a primer, if you will; guidelines with respect to overstay.

Let's be clear. This is folks who are over staying, who have voluntarily departed the Kingdom, so cases of aliens surrendering to the Authorities, not as a matter of arrest or detention in the Kingdom in another context, but in the context of those surrendering themselves. Now “surrender” can mean, again and generally does mean, voluntary departure; making one's overstay known when departing from the Kingdom. 

Quoting directly from this and we will go ahead and stick that back up on the screen: "In case of alien surrendering to the authorities: period of overstay more than 90 days, the period of banning from re-entering the country starting from the departure date will be 1 year.”  So more than 90 days, 1-year. Presumably less than 90 days is not an automatic blacklisting. That being stated and we get into this in another video, overstaying by 88 days and sort of trying to skirt the automatic blacklisting, does not necessarily mean that one will be automatically allowed to re-enter the Kingdom. Over-stay of any kind is being viewed much more strictly by Immigration Authorities than in times past so be careful with respect to the overall issue of overstay. The 90-day threshold, while important with respect to the imposition of an automatic ban from re-entering, is not necessarily the end all be all when it comes to a later immigration officers discretion to not allow a person to re-enter the Kingdom if they had overstayed for a prolonged period but that prolonged period did not overtake the 90-day threshold and thereby trigger the automatic blacklisting mechanism.