Reviewed by ThaiLawOnline, a licensed Thai law firm practising in Thailand since 2006. Thai lawyer of record: Wichuda Atthamethakon, LL.M., Thai Bar Licence 3149/2556.
Last updated on September 5, 2026
Overstay (การอยู่เกินกำหนด, yu koen kamnot, also overstaying) is remaining in Thailand after the date stamped or written in the passport as the end of the permitted stay, whether that permission came from a visa, a visa exemption or an extension. It is a criminal offence under Section 81 of the Immigration Act B.E. 2522 (1979), punishable by imprisonment of up to 2 years, a fine of up to 20,000 baht, or both. In practice a short overstay is settled by a fine at the border, but the consequences rise steeply after 90 days and after an arrest.
Table of Contents
The law: fine, offence and entry ban
The fine is 500 baht for each day of overstay, capped at 20,000 baht, which is reached at day 40. It is a settlement fine under the Immigration Act, paid at the immigration counter on departure or at an immigration office when applying to regularise the stay, and paying it closes the criminal case with no court record. There is no grace period: the day after the “admitted until” date is day 1, and the count includes weekends and holidays.
Since 2016 a ministerial order has added a re-entry ban on top of the fine. A foreigner who reports and leaves voluntarily is banned for 1 year after an overstay of more than 90 days, 3 years after more than 1 year, 5 years after more than 3 years and 10 years after more than 5 years. A foreigner caught and prosecuted is banned for 5 years for an overstay under 1 year and 10 years for longer. The ban is recorded on the immigration blacklist and applies on the next attempted entry.
Practical points for a foreigner who has overstayed
For an overstay under 90 days the practical route is to go to the airport, pay the fine in cash at the immigration desk, and leave; the officer stamps the passport with the overstay and the fine, and no ban follows. A foreigner who wants to stay rather than leave must first pay the fine at the local immigration office; an extension of stay is not granted while the stay is irregular, and offices refuse extension applications from overstayers except on documented medical grounds.
The common mistake is to wait. Every day adds to the fine until day 40 and, more seriously, the 90-day line turns a fine into a ban. Being stopped at a police checkpoint, a hotel check or an immigration raid after that line means arrest, a court appearance for the Section 81 fine, transfer to the Immigration Detention Centre and deportation at the foreigner’s own cost. Bail from the detention centre is possible but expensive.
Voluntary departure and arrest compared
| Overstay length | Leaving voluntarily | Arrested |
|---|---|---|
| Up to 90 days | Fine only, no ban | Fine, detention, deportation, 5-year ban |
| Over 90 days to 1 year | Fine and 1-year ban | 5-year ban |
| Over 1 year to 3 years | Fine and 3-year ban | 10-year ban |
| Over 3 years to 5 years | Fine and 5-year ban | 10-year ban |
| Over 5 years | Fine and 10-year ban | 10-year ban |
Overstay is separate from the late 90-day report, whose 2,000 baht fine does not affect the permitted stay, and from working without a permit, which is a different offence with its own penalties and its own deportation route.
Frequently asked questions
How much is the overstay fine in Thailand?
500 baht per day, capped at 20,000 baht, which is reached after 40 days. It is paid in cash at the immigration counter when leaving the country or at an immigration office when regularising the stay. Paying settles the offence without a court record, but overstays of more than 90 days also carry an entry ban.
What happens if you overstay in Thailand by 1 day?
A 500 baht fine paid at immigration on departure and an overstay stamp in the passport. There is no ban and no court appearance, although the stamp is visible to officers on future entries and repeated overstays attract closer questioning. There is no grace period, so even one day counts.
Can you extend your visa after overstaying in Thailand?
Not while the stay is irregular. The overstay fine must be paid first at the immigration office, and offices refuse extension applications from overstayers except on documented medical grounds. In most cases the foreigner must leave, pay the fine at the border and apply for a new visa or entry from outside.
See also: immigration blacklist, deportation, bail, visa exemption, and the guides visa overstay, criminal charges and blacklists and the 30-day visa exemption from 15 September 2026.
Thai Law Updates, free by email
Plain-English updates on Thai law changes that affect foreigners: property, visas, marriage, business and wills. One short email a month from a firm practicing since 2006. No spam, unsubscribe anytime.