Overstay: 500 baht a day, and the bans that start at 90 days
Facts verified · 2026-07-11
Staying past your permitted date is a criminal offence under section 81 of the Immigration Act B.E. 2522 (1979): imprisonment up to two years or a fine up to 20,000 baht, or both. In practice it is settled administratively at departure: 500 baht per day of overstay, capped at 20,000 baht (the cap is reached at 40 days).
The re-entry bans come from the Ministry of Interior's Order 1/2558, in force since 20 March 2016, and they run on two tracks. If you surrender yourself — that is, you present yourself at the border or airport and pay the fine: overstay of more than 90 days brings a 1-year ban from the date of departure; more than 1 year, a 3-year ban; more than 3 years, a 5-year ban; more than 5 years, a 10-year ban. If you are arrested and prosecuted instead, the tariff jumps: any overstay under 1 year brings a 5-year ban, and over 1 year a 10-year ban.
The folklore correction: an overstay under 90 days followed by voluntary departure carries no ban — but the fine still applies, repeat overstays can get your passport stamped as an immigration-law violator, and arrest at any point (including a routine police check far from the airport) moves you onto the harsher track. Voluntarily walking into the airport and paying is categorically better than being found.
Legal basis
Immigration Act B.E. 2522 (1979), s. 81; Ministry of Interior Order 1/2558 (effective 20 March 2016)
General information, not legal advice. Laws and practice change; for a decision that matters, confirm with the authority named in the sources or a licensed professional.