Property Education · Visas & Reporting

Thailand deportation rules: who can be deported, and why.

Since 28 August 2026 Thailand has had a written procedure for deporting foreigners. It names six kinds of offense that can end in a deportation order after a sentence is served, adds a separate route for conduct judged contrary to public order, and lets the order carry a ban on coming back. This guide explains each clause in plain English.

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The short answer

The Prime Minister's Office Regulation on Deportation B.E. 2569 has applied since 28 August 2026. The Minister of Interior may order a foreigner deported after a final sentence is served for unlawful entry or stay, unlawful work, unlawful business, forged official documents, any offense carrying five years or more, or helping with any of these. A second route covers conduct contrary to public order or good morals and does not mention a conviction. A fine or suspended sentence is still passed to the Ministry for review, and an order can include a re-entry ban. A current visa or work permit is not a shield (Royal Gazette, 27 August 2026).

The regulation at a glance
PointWhat the regulation says
Signed26 August 2026, by the Prime Minister with Cabinet approval
PublishedRoyal Gazette, 27 August 2026
In force28 August 2026, the day after publication (clause 2)
Who orders deportationThe Minister of Interior (clause 3)
Route oneConduct contrary to public order, good morals or the well-being of the public (clause 4)
Route twoSix kinds of offense, after the final sentence is served and the person is released (clause 5)
Re-entry banThe order may set a period of no entry (clause 5)
DestinationCountry of nationality, with a protection exception (clauses 7 and 8)
01

What the regulation is, and what it is not

It is a regulation of the Prime Minister's Office, issued under section 11(8) of the State Administration Act B.E. 2534 with Cabinet approval. Its preamble gives the reason in two parts. Thailand welcomes foreigners who come in good faith to visit, stay, work and do business, provided they follow the law. But some foreigners who entered lawfully have broken the law for personal gain or behaved contrary to public order or good morals, and others entered unlawfully. Until now, the preamble says, there was no administrative regulation that gave state agencies a clear procedure for deportation.

So this is a procedure, not a new crime. It tells the Ministry of Interior, the Department of Corrections and the Office of the Judiciary who reports what to whom, and when. It takes its definitions of “foreigner” and “deportation” from the existing deportation law (clause 3). It creates no new offense and does not amend the Immigration Act or the Deportation Act (Royal Gazette, 27 August 2026).

Two people in suits reviewing a printed legal document across an office desk
02

Route one: conduct contrary to public order (clause 4)

Clause 4 is the shorter of the two routes and the broader one. If a foreigner's behavior or circumstances are contrary to public order, good morals or the well-being of the public, the Permanent Secretary of the Ministry of Interior, or a person the Permanent Secretary assigns, reports to the Minister so the Minister can order that foreigner deported. A second paragraph applies the same rule to a foreigner who instigated or supported that behavior.

Two things are worth reading closely. The clause does not mention a court case or a conviction. And the regulation does not list what counts as conduct contrary to public order or good morals. That judgment sits with the Ministry of Interior, subject to the safeguard in clause 6 that every order must take Thai law, Cabinet resolutions and Thailand's international obligations into account.

03

Route two: six offenses, after the sentence is served (clause 5)

Clause 5 applies when a foreigner has committed one of the offenses below, has fully served the sentence under a final judgment, and has been released from prison. At that point the Minister of Interior has the power to order deportation. The six grounds are:

  1. Entering or staying in Thailand unlawfully under the immigration law. Overstay sits here. Our visa overstay guide covers the fines and bans that apply on their own.
  2. Working unlawfully under the law on managing the work of foreigners. See work permits in Thailand and the list of occupations reserved for Thai nationals.
  3. Doing business unlawfully under the Foreign Business Act.
  4. Forging official documents, or using forged official documents.
  5. Any offense punishable by five years in prison or more.
  6. Being a principal, instigator or supporter of any offense in the five grounds above.

The clause then sets the paperwork. The Director-General of the Department of Corrections must send the foreigner's name, nationality and case file to the Permanent Secretary of Interior at least 15 days before release. The Permanent Secretary reports to the Minister without delay. The order may set a period during which the person may not enter Thailand. The regulation leaves the length of that period to the order.

Fines and suspended sentences are not the end of the matter. Where a court gives a final judgment of imprisonment but suspends it, or imposes a fine, the Office of the Judiciary must send the foreigner's information to the Ministry of Interior to consider urgently under the same clause. The text does not say every such case ends in an order. It says each one is sent and considered.

Stack of paper documents and forms on a desk
04

Where a deported person is sent (clauses 7 and 8)

Unless the Prime Minister revokes the order or directs that the person not be removed, the officer assigned by the Minister sends the person to the country of their nationality, through the checkpoint and by the method the Permanent Secretary of Interior sets. A person with no definite nationality is sent to the country they say they last lived in before entering Thailand.

Clause 8 is the protection exception. Another country, or an international organization, may ask Thailand through diplomatic channels to send the person to that country or to a third country instead. The conditions are specific:

  • the request arrives no later than seven days after the deportation order
  • it is made so the person avoids a danger of torture, cruel, inhuman or degrading treatment, or enforced disappearance
  • the requester states it will pay the cost of looking after the person until transfer, and the cost of the transfer
  • the person consents in writing

That transfer must be completed within 30 days of Thailand receiving the request. The Minister may extend the period twice, by up to 30 days each time. If it still cannot be done, officers proceed under clause 7. One further request from a different country or organization can restart the same process once. After that, removal to the country of nationality goes ahead whether or not more requests arrive.

Departures hall under the arched roof of Suvarnabhumi Airport in Bangkok
05

Safeguards, costs and the final say (clauses 6, 9 and 10)

The regulation does not describe an appeal step of its own. If an order is made against you or a family member, a qualified Thai lawyer and your embassy are the two calls to make at once. See hiring a lawyer in Thailand and embassy and passport services.

06

Who it reaches: visa holders, workers and business owners

Most long-stay foreigners in Thailand will never come near this regulation. It still matters to know where the lines are, because the preamble is explicit that lawful entry is not a defense to later unlawful conduct.

  • Tourists and visa-exempt visitors. Ground 1 is unlawful stay. Leave or extend before your permitted stay ends. The overstay fine calculator shows what a late departure costs before any of this applies, and the tourist visa guide covers extensions.
  • Employees and remote workers. Ground 2 is unlawful work. Start work for a Thai employer only once the permit is issued, and keep the job, employer and location matched to it. The work permit and Non-B guide walks through the order of steps.
  • Company owners and property buyers using a company. Ground 3 is unlawful business under the Foreign Business Act. Have a qualified Thai lawyer confirm that your company's ownership and activities are lawful, especially if it was set up to hold property. Start with buying property through a Thai company.
  • Anyone using a visa agent. Ground 4 is forged official documents, including using them. If an agent supplies a document you know is not real, the exposure is yours. Read using a visa agent in Thailand before you hand over a passport.
  • People who help. Ground 6 and the second paragraph of clause 4 reach principals, instigators and supporters, not only the person who did the act.
Hand holding a red passport in front of an open laptop
07

What has not changed

The regulation sits on top of existing law. It does not replace it. Day-to-day immigration duties are the same as before 28 August 2026:

One thing to watch: on 23 June 2026 the Cabinet approved a draft amendment to the Immigration Act that would revise how a foreigner's place of stay is notified (Cabinet meeting summary, 23 June 2026). A draft is not law. Until an amendment is passed and published in the Royal Gazette, follow the reporting rules as they stand.

08

Practical steps to stay clear of it

  1. Know your permitted-stay date and put it in your calendar with a two-week warning. Extend at an immigration office or leave before it passes.
  2. Permit first, work second. Do not start a job, paid or unpaid, for a Thai business before the work permit is issued.
  3. Keep any company structure lawful and documented. Ask a qualified Thai lawyer to review it in writing.
  4. Submit only real documents. Bank letters, leases, employment letters and medical forms given to a Thai office must be what they claim to be.
  5. Take any court case seriously, even one that ends in a fine. Under clause 5 the outcome is passed to the Ministry of Interior. Get legal advice before you plead.
  6. Keep copies of your passport, visa, entry stamp, TM30 receipt and work permit where you can reach them.

A stable legal status is also what makes a long lease workable. Once your visa is settled, browse homes for rent and sale across Thailand or use which visa fits you to pick the right route first.

Map of Southeast Asia on a wooden desk with a passport, notebook and camera
FAQ

Frequently asked questions

When did Thailand's new deportation regulation take effect?

On 28 August 2026. The Prime Minister's Office Regulation on Deportation B.E. 2569 was signed by the Prime Minister on 26 August 2026 and published in the Royal Gazette on 27 August 2026. Clause 2 says it applies from the day after publication.

Which offenses can lead to a deportation order in Thailand?

Clause 5 lists six: entering or staying in Thailand unlawfully under the immigration law; working unlawfully under the law on managing the work of foreigners; doing business unlawfully under the Foreign Business Act; forging official documents or using forged ones; any offense that carries five years in prison or more; and being a principal, instigator or supporter of any of those. The Minister of Interior may order deportation once the final sentence has been served and the person has been released from prison.

Can I be deported from Thailand without a criminal conviction?

The regulation has a route that does not mention a conviction. Under clause 4, the Permanent Secretary of the Ministry of Interior reports to the Minister any foreigner whose behavior is contrary to public order, good morals or the well-being of the public, so that the Minister can order deportation. The same clause covers a foreigner who instigated or supported that behavior. The regulation does not define the behavior further.

Does a valid visa or work permit protect me from deportation?

No. The regulation's own preamble says it is aimed in part at foreigners who entered Thailand lawfully and then broke the law or behaved contrary to public order or good morals. Nothing in clauses 4 or 5 makes an exception for someone who holds a current visa, extension of stay or work permit.

I was only fined, or my prison sentence was suspended. Can I still be deported?

Your case can still be reviewed. Clause 5 says that when a court gives a final judgment of imprisonment but suspends it, or fines a foreigner, the Office of the Judiciary sends the information to the Ministry of Interior to consider urgently under the same clause. The regulation does not say every such case ends in a deportation order. It says the case is passed on and considered.

Is there a re-entry ban after deportation from Thailand?

There can be. Clause 5 says a deportation order may set a period during which the person may not enter Thailand. The regulation does not fix the length. It leaves that to the order.

Where is a deported person sent?

To the country of their nationality, under clause 7. A person with no definite nationality is sent to the country they say they last lived in before entering Thailand. Clause 8 adds an exception: if another country or an international organization asks through diplomatic channels within seven days of the order, citing a danger of torture, cruel, inhuman or degrading treatment or enforced disappearance, agrees to pay the costs, and the person consents in writing, the person can be sent to that country or to a third country instead.

Did this regulation change overstay fines, TM30 or 90-day reporting?

No. It is a procedural regulation issued under the State Administration Act. It creates no new offense and does not amend the Immigration Act or the Deportation Act, so TM30 address reporting and 90-day reporting continue as before. A separate draft amendment to the Immigration Act that would change residence notification was approved by Cabinet on 23 June 2026, but a draft is not law until it is passed and published in the Royal Gazette.

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General information only, not legal or immigration advice. This page summarizes the Thai-language Royal Gazette text; the Thai text is the authority. Deportation decisions are made case by case by the Ministry of Interior. If you face a criminal case, a deportation order or an immigration problem, speak to a qualified Thai lawyer and your embassy. BAANLYY never takes paid placement and does not arrange visas.

By the BAANLYY Editorial Team
Last updated 13 November 2026 · Last checked 13 November 2026
Sources

Sources

Official primary sources are listed above with the date we last checked them. Thai rules, fees, thresholds and procedures change and can be applied differently by individual offices and embassies — confirm the current requirement with the responsible authority before relying on it. General information only, not legal, tax or medical advice. BAANLYY never takes paid placement in editorial content.

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