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ResourcesVisa & Immigration LawThailand Immigration LawDoes Thai Immigration Have an Overstay "Grace Period"?

Does Thai Immigration Have an Overstay "Grace Period"?

Transcript of the above video:

As the title of this video suggests, we are asking the question, does Thailand have a "grace period" when it comes to the issue of overstay? I thought of making this video after reading a recent comment on our channel? Comment, quoting directly: "What if you stay two days over the 90 days, is there a grace period, a penalty?" 

So I believe what this commenter is referring to is if you overstay more than 90 days in Thailand, you will end up blacklisted. There is a hierarchy if you will of overstays, we have done videos on this, if you overstay over a certain amount of time you get blacklisted. The more time you overstay you get blacklisted for more time and it goes up to lifetime basically. So 90 days is the threshold of which an automatic Blacklisting is imposed. If you overstay by 90 days or more you trigger the mechanism of overstay and you get a 90-day Blacklisting.

Now as I have discussed in the other videos, any kind of Blacklisting could lead to a situation where Thai Immigration says down the road, "Look we are exercising our discretion here. Even though technically you don't fall under the Blacklist, we are exercising our discretion because you violated the law in the past, we are not going to let you in.” So being Blacklisted is not a good idea. The other thing to understand, the 90-day mark only means the automatic trigger of Blacklisting applies. You are already an overstay, it's just you are not 90 days in overstay so this notion of a grace period for the 90 days, first of all there is no grace period; you are either in overstay or not. Then, okay if you are two days over your visa's expiration and you leave, yeah you pay the fine but you don't necessarily get an automatic Blacklisting if you overstay 2 days for example, they don't automatically trigger it. They don't like it and again it could lead to evidence in favour of saying "Hey look, we are going to exercise our discretion and not allow you in because again an overstay is an overstay". But the thing to understand about the 90-day mark for overstay, that marks the moment when automatically Blacklisting has been triggered and no there is no "grace period" associated with that.