Magna Carta Law Firm > FAQ Section > Deportation



Deportation is the lawful expulsion from a country of a foreign national or a group of foreign nationals whose presence is unlawful or prejudicial. 

What are the reasons for deportation of foreigners in Thailand?

The most common reason for deportation is overstaying one’s visa.


Other reasons include the following:

  • The foreigner is deemed a threat to national security.
  • A fugitive or an individual who is on the run from the law.
  • The foreigner has insufficient documentation or authorization for traveling to Thailand.


In case there is an order of deportation, the competent official may order the foreigner to stay at any given place. In some cases, he may order the alien to report to him according to a set date, time, and place with Security or with Security and Bond while waiting for the deportation of the foreigner. The competent official may also detain the foreigner at any given place as necessary.


What is the difference between Deportation and Blacklisting?

Blacklisting means that aside from expulsion, you are also barred from visiting Thailand for the rest of your life. Deportation has a shorter effective period than blacklisting; you can go back to Thailand after the expiration or withdrawal of the deportation order.


Who shall bear the deportation expenses?

The owner or person in charge of the conveyance, which brought the foreigner into the Kingdom, shall bear the deportation expenses. If there appears to be no owner or person in charge of the conveyance, the foreigner committing the act will have to pay the expense of deportation.

What happens when I am caught with an overstayed visa?

Overstaying is the act of staying in Thailand beyond the given period of permission to stay on your visa. It is your sole responsibility to leave Thailand or extend your visa.


If a local police office catches you overstaying, they will transport you to Bangkok for processing and charge you with overstay. Immigration may hold you for 48 hours for investigation, or even up to 7 days, if needed. However, the court must approve any detention longer than 7 days. Therefore, you are more likely to appear before a judge within 7 days from the date of arrest.


The court will then issue a court order to deport. Once you have a tentative date of repatriation, you or your representative will have to arrange to get a ticket to leave Thailand and return to your country. You will also need to settle the fee for your transportation to the airport.


In the airport, you shall be accompanied by a police officer. He will hold your passport, check you in and accompany you through immigration up to the airplane 15 minutes before your flight.

How long shall I be banned from re-entering Thailand in case of overstaying?

Overstaying your visa is a serious offence. You should try to resolve this problem as soon as possible. If you find yourself overstaying for a short period and you surrender to the authorities, you will have to pay a fine. However, if you overstay beyond 90 days, you will suffer deportation from Thailand. Consequently banning you from re-entering the country, or even be in the blacklist.