Appealing for Visa Overstays or Revocation in Thailand

Thai Visa Overstay

Foreign residents in Thailand must exercise caution when it comes to overstaying their visas, as doing so may result in expulsion from the country. If a visa is revoked for overstaying, there are a few exceptions that allow visitors to extend their stay. In such circumstances, individuals with valid reasons must appeal to the Immigration Bureau to submit their case and request to revise the order. Foreign residents must be aware of these restrictions to ensure a lawful and smooth stay in Thailand.

Justifications to Appeal for Visa Overstays

There are plausible grounds for believing that the immigration office may adjudicate the order mistakenly regarding visa overstays that require rectification based on the following reasons:

  1. Misinterpretation of a Travel Document: An arrival-port immigration officer may have stamped a visa unclearly, creating difficulty for immigration officers to misinterpret your intention for overstaying. As such, you need to track your residing duration in Thailand to rectify such a mistake made by the immigration officer.
  2. Medical Situations: There may be uncontrollable circumstances where you are hospitalized from an accident or contracting a disease during your visit to Thailand or before arriving in this country. Thus, a medical certificate issued by a hospital in Thailand can justify your emergency circumstances.
  3. Loss of Passport: One of the situations that many visitors have experienced in Thailand is either passport theft or loss. Hence, you need a police report and contact the embassy of your home country to obtain an emergency passport before departure.
  4. Flight Emergencies: When your departure date is postponed beyond the valid date of your visa due to a delay or flight cancellation, you will be suspected as an overstayer based on an immigration officer’s perspective. Fortunately, you can appeal your case through proof of an airline ticket as a genuine intent to return home. 

Appeal on Revocation of the Thai Visa

Section 36 of the Immigration Act B.E. 2522 (1979) grants you an appeal with the Immigration Commission if the revocation order of your Thai visa is unjustified by filling out a TM.12 Form. However, the person has 48 hours to appeal with the Immigration Bureau officer from the period you receive the order. Otherwise, the revocation order will be enforced, and you will be expelled from Thailand. 

Importantly, an appeal must be submitted in person, and there is a non-refundable application fee, whether or not the permission is approved. 

Result of the Appeal

The appeal shall be deemed as final with these possible outcomes:

  1. You can depart and visit Thailand freely again. 
  2. You can depart from Thailand after you pay fines at the departure immigration hall.
  3. You will be detained at the Thai Immigration Detention Center for a certain period, be expelled from the country, and be subject to an exclusion for a certain period.
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Category: Immigration

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Siam Legal is an international law firm with experienced lawyers, attorneys, and solicitors both in Thailand law and international law. This Thailand law firm offers comprehensive legal services in Thailand to both local and foreign clients for Litigation such as civil & criminal cases, labor disputes, commercial cases, divorce, adoption, extradition, fraud, and drug cases. Other legal expertise of the law firm varied in cases involving corporate law such as company registration & Thailand BOI, family law, property law, and private investigation.

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