Transcript of the above video: 

As the title of this video suggests, we are discussing how a one-day overstay can lead to a 5-year ban. This is one of those topics that I myself in my own head view it as something I have talked about, and I am just kind of moving on to new subject matter but every once in a while, I do have to kind of circle back and talk about things that we have talked about in the past because people, especially new folks, are not overly aware of rules and regulations regarding Thai Immigration. Yeah, it is possible to have simply a one-day of overstay that can lead to a five-year ban, and people would say, "what are you talking about? you have to be 90 days overstay before any kind of ban can be put into effect."

Well first of all understand, there is the notion of a shadow ban which we will get to in another video, but with regard to just one day of overstay, yeah you can be basically deported and blacklisted for 5 years (correction) if you are caught in-country in overstay. I discussed this some years ago when they first put in the Blacklist; I want to say that was 2017-18 somewhere in there, maybe even a little further back into '16 but I think it was about 2017 or '18 because we made videos on it at the time. It is another one of those things I got burned on at the time in comments and things because people say, "oh you're just fear-mongering", and then lo and behold it came into effect, sort of similar to when I talked about the Income Affidavit changes in the past. But with regard to this issue, yeah, there are the standard overstay rules where if you leave Thailand and they process you out through an Immigration checkpoint, and they say, "oh you are on overstay but pay the fine here at the airport and off you go," then you are stuck with the 'is it over 90 days or not'. If it's not, then you are not stuck with the presumed or an explicit ban from re-entering the country; you are not stuck with an explicit Blacklisting. But again, I get into another video regarding Shadow Banning on the Blacklist and as a practical matter, even if you have an overstay by 90 days, you can end up on their bad list which could result in effectively being blacklisted; I get into that in another video. 

But with regard to this, there is a big difference between that, where okay, you are on a one day overstay and they find it when you are flying out of the country, they will just mark that as okay, you owe us 500 Baht for the one day overstay, that's the fine, off you go. On a one-day deal, you are probably not going to get a lot of flak for it later. Again it will depend on the underlying facts in your case, how long you have been in Thailand overall, especially in a given calendar year; whether or not you are using visa exemptions, or proper visas etc. But, if you are caught in-country, for example let's say you get pulled over in a random traffic stop and they happen to find out that you are on overstay by a day or any duration, at that point presumptively you are going to be detained and then you are going to be told you are going to be detained and deported. The deportation, again part of the rules when they rolled out Blacklisting was, if caught in-country you will be banned for 5 years. Now that is one day, 90 days, 120 days, 1,000 days - you will be banned for 5 years if caught in-country. Big difference from being caught at an immigration checkpoint.

So that is an important distinction to understand for folks here in Thailand. If you are caught in country here in Thailand, even a day of overstay, that will lead to 5 years blacklisting from returning to Thailand.