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New penalties for ''alien'' overstayers posted in Phuket, Thailand

Overstayers Face Tougher Penalties

Wednesday, February 25, 2015
PHUKET: New sanctions for overstaying have been posted at Phuket Immigration amid a tightening of paperwork across Thailand aimed at obliterating wrong-doing and corruption.

The new orders are being implemented in advance of the Asean Economic Community, which is expected to make rules even more burdensome as workers move more freely between the 10 countries of the region.

Accountants and lawyers say that all processes - whether via Immigration or through the Labor Office for work permits - are being much more tightly regulated.

The notices now sitting on the desks of the main officers at Immigration make it plain that ''Aliens'' can no longer expect to be shown mercy if they dare overstay in Thailand.

The penalties:

.. Overstay more than 90 days, forbidden for one year.
.. Overstay one year, forbidden for three years.
.. Overstay three years, forbidden for five years.
.. Overstay five years, forbidden for 10 years.

And that's just if the ''alien'' confesses. For those who are caught overstaying, the penalties are worse:

.. Overstay less that one year, forbidden five years.
.. Overstay more than one year, forbidden 10 years.

Being on a ''criminal visa'' because of the case brought by the Royal Thai Navy for criminal defamation and including a Computer Crimes Act charge, Phuketwan has been making compulsory visits at least once a month to Immigration HQ in Phuket City.

Efforts are being made to adapt to the need for more paperwork, more signatures and more photographs.

But even with the division of the processes into those that can be dealt with upstairs and those that can be dealt with more easily downstairs, the pressures inevitably show at times.

Rants and rages are not unusual.

Under the present system, Immigration customers have to wait outside before the doors open at 8.30am or 1pm to be assured of obtaining a low number in the official queue.

With one Immigration volunteer on duty, it can take 30 minutes to be allocated a number, even if senior officers appear to have little to do during that time.

Once allocated a number, all customers have to be vetted at a second desk alongside the Immigration volunteer before proceeding to individual processing by a senior officer.

Space is more cramped than ever for customers. However, Phuket customers at Immigration shouldn't be too irate. It could be worse.

A visitor just back from Chiang Mai said conditions there were so bad that a senior officer recently told him: ''Welcome to Hell.''

Comments

Comments have been disabled for this article.

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Why is Phuket town Immigration office so cramped and understaffed?
I was recently with a thai friend in Phuket town in a office were thai people can apply their passport. Wow, spacious, neath, great seats, pleasant, friendly and quick service.

Posted by Kurt on February 25, 2015 12:08

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Sorry Editor - these rules are not in place and have never been officially approved by cabinet. They were meant to be effective last year but a change at the top of immigration happened and these were never implemented.

Please contact head of immigration in Bangkok and get proper clarification.

Posted by John N on February 25, 2015 12:08

Editor Comment:

The notices have just been placed on the key desks at Phuket Immigration. Perhaps Phuket has been misinformed.

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As far I am able to understand the thinking of Thailand Immigration Dept., I welcome the new rules regarding penalties for overstayers. I think there is no need to 'overstay' in Thailand. Respect the thai Immigration office rules, and you never will have a problem. Also never wait for the last day to handle your 90 day report or visa extention. If you bumb into a thai public holiday on a week day it can bring you than in problems. And when you overstay due to hospitalization, don't worry, let hospital inform Immigration when you are still in hospital. They know how to handle that for you. We all know many countries were Immigration laws are even more strict than in Thailand. Right?

Posted by Kurt on February 25, 2015 12:25

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I think Thailand would be better of implementing a system equal to EU / USA where a applicant have to get a proper visa in their home countries before entering the actual country they apply for going to. Well at least if the tightening at Immigration offices really are to stop wrong doing and corruption!

Posted by Harald on February 25, 2015 14:13

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I was there a week ago and it was accaptable. Took me about one and half hour for new retirement stamp. But streched over two days.

My papers were good and I showed all the valid copies to the volunteer at 2.15 pm.

Then little waiting with a number, it was 20 min in my case. Then eye to eye with the official you can see
the reason for all the chaos. They work incredibly slow, obviously on purpose. Took me 20 more minutes, checking my file page by page, stamp here, sign there and so on.

I think every PW reader know why they work this way.

What you need new for retirement is your adress notification in advance. You need tambien baan and ID from your landlord for it and his phone nr.

Also new are the additional copies from every single retirement stamp in the passport, not only the last one.

Then you will be photographed and ordered to come back next day or same day afternoon.
In my case 10.30 next morning. Waiting time 15 min.

For 90 days report or re entry I recommend Patong, they are really fast.

Posted by Georg The Viking on February 25, 2015 14:50

Editor Comment:

What's needed is an efficient system with bank-style choice of process and selection of what's required in a machine, and an appropriate number delivered. Electronic call-up, please. At present the poor volunteer has to listen to everyone's life story with a long queue behind the person and officials waiting with nothing to do. The processes all take twice as long as they should - unless you happen to be one of those lucky people spotted in the audience and singled out for superfast processing. Immigration should ask any bank how their problem can be solved.

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@Georg The Viking "You need tambien baan and ID from your landlord for it and his phone nr" - Georg are you sure about ID from your landlord considering that the owner might be in different province/country to the property this would be difficult in some cases and I have never heard of this. Do you have any weblinks etc to show this is needed?

Posted by Feisty Farang on February 25, 2015 15:28

Editor Comment:

As the article says, FF, all rules and regulations are being enforced.

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''Welcome to Hell''

LOL, I love it! If ever there was a hell on Earth? Forget the Bangkok Hilton, Chiang Mai Immigration is your place to be!

Posted by J on February 25, 2015 17:46

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As the new rules aren't approved yet and they are not in the immigration act yet. These new rules mean nothing at the moment.

Posted by FS on February 25, 2015 18:19

Editor Comment:

They are being advertised prominently on the desks of Phuket's Immigration officials. Ignore them if you wish, FS.

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A friend of mine that lives in Chiang aMai told me he usually goes to the immigration office at 4.30-5.00 to start queuing, and even then he is maybe number 50 or 60 in line. Last time it took him something like 8-10 hrs to get his stamp, he is married since many years, so his is a pure routine case

Posted by christian on February 25, 2015 19:01

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FF, somebody told me to present the landlords ID and tambien baan, that is why I copied it in advance.

The volunteer (respect to this guys, they do a great job) took it to my file to get the residence notice.
Other papers he has given back to me because they were not necessary, but he just kept these two.

Perhaps you not really need it but it but for me it was essential.
Plus the copy of the departure card and the last entry visa and the last retirement stamp. All this happens downstairs.

When you have the resident notice you can continue to get the retirement stamp upstairs.

If the remaining papers are ok.

Posted by Georg The Viking on February 25, 2015 22:48

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Thai efficiency should NEVER be questioned, else a lot of people will pay the ultimate price, and do!

Posted by farang888 on February 25, 2015 23:14

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No problem with the rules once they are ratified.

Now I know why more & more foreigners moving to Korat. Big spacious office full of smiling helpful immigration officers.

Posted by Logic on February 26, 2015 05:08

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Logic

They move to Korat because their wife/gf, that used to stand in a bar in BKK, Phuket or Pattaya yelling "hunsum man" at passersby, comes from there. And another reason might brme that their usually moderate pensions won't give them the care free life style they expected when moving to Thailand

Posted by christian on February 26, 2015 11:08

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@Logic: Foreigners not only move to Korat, we have many newcomers around Khon Kaen and Kalasin. The local immigration office I have to use is Sakon Nakhon where a retirement visa renewal takes 7-10 minutes and 90 day report around 2 minutes. Everything is computerised and once on the system you are recognised and go to one of two special desks for immediate attention. Only newcomers not yet in the system must wait a few hours.

Posted by Pete on February 26, 2015 11:17

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Christian,

yes, you are right. Men meet woman whenever wherever and for any reason.

After they move to her home province into the real Thailand to have a good life together.

This happens all over the world.

What is your point?

Posted by Georg The Viking on February 26, 2015 13:56

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@christian: I am not aware of a surgical nurse ''standing in a bar in BKK, Phuket or Pattaya yelling "hunsum man" at passers by''. Yes she comes from here, but my wife and I moved when her father, a schoolteacher and the main breadwinner, died. Perhaps you've been to too many bars in too many places and decided that all the "hunsum men" are married to bar girls. I suppose your wife/gf is one of those who calls out ''oohh ducky'' as you pass similar bars in the same areas. The mouths of fools become their ruin.

Posted by Pete on February 26, 2015 14:47

Editor Comment:

It's certainly odd how some readers assume their traits and foibles are the traits and foibles of all other readers. Christian appears not to understand how diverse the world is beyond the bars.

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@ Pete, Wow, 'your' Immigration office over there sounds like a dream office. The commanding officer must be a good manager and having a good eye for how to handle the work and his staff. Here on Phuket we only can dream about that, however I must admit that many of the old officers here are gone, and the new ones are not asking tea money anymore for services suppose to be free of charge. Phuket needs a bigger new office, and more staff. It is not good that it takes you 2 days for a visa renewel! Today apply, and come back tomorrow to receive passport back. Actually Thai Immigration violate their own laws, they make I can not carry my passport according the thai law during that funny processing on Phuket. 90 Day reports work fine.

Posted by Kurt on February 26, 2015 17:30

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George

My post was a cynical humour (and Off Topic, I admit) response to Logics' claim that people moved to Korat because of the excellent service at the immigration office there, I had a different, and my opinion more plausible, explanation.

Pete

I might be wrong, but I highly doubt the typical girl from Korat marrying a westerner they met in Phuket (Patong usually) is a surgical nurse. I also doubt they ACTUALLY like older men like they apparently claim every now and then. Unless a large part of isaan women have some sort of age fetish? Might be the case, I only have a hunch that it might not.

Posted by christian on February 26, 2015 18:44

Editor Comment:

Shame on you for being a cynic, christian.

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@christian: You are totally wrong and should do the walk of shame. Brief details - my wife and her family come from Isaan. We have been married 16 years+. Her father was deputy head teacher and one time village head man. She attended Khon Kaen University school of nursing and later Khon Kaen school of medicine. I met her at Bangkok Hospital, Bangkok over 20 years ago. We lived on Phuket for 12 years after she retired.
Go to the two big private hospitals on Phuket and ask a few nurses where they trained. The answer in most cases will be Khon Kaen.
Not all the girls from Isaan fit your warped stereotypical image. Sorry about being off topic bur neither myself nor my wife like to be publicly insulted.

Posted by Pete on February 26, 2015 21:25

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Pete

This is wildly off topic and I thought my last post was crystal clear.
What I said is your case is hardly typical. So how can that make me "wrong"? You really and honestly think the average isaan girl that marries a farang she met in Phuket is a university educated nurse whos father is a village headman? That that is the typical, average background? If that is the case, the money in the bargirl business must be amazing, since the absolute majority of bargirls yelling their bargirl-english at passersby are from Isaan. Who knew they are all nurses, accountants, teachers and maybe even a lawyer or two? I want to thank you for this information, as I'm always willing to educate myself about the country I live in. Apparently Cuba has a tough competitor in Thailand for the title "most educated prostitutes"

Posted by christian on February 27, 2015 07:28


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