paz
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Posts posted by paz
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11 minutes ago, 007 RED said:Yes I would be very interested in what section of the Immigration Act BE2522 deals with Thais entering the Kingdom illegally.
Section 11. A person entering or exiting the Kingdom shall enter or exit through port of entry, immigration checkpoint, terminal area, station, or locality and at the prescribed times as published in the Government Gazette by the Minister.
Section 18. The competent official shall have power to inspect persons entering or exiting the Kingdom.
For this purpose, persons entering or exiting the Kingdom shall submit a list as prescribed in the Ministerial Regulations, and shall be inspected and approved by the competent official assigned to the immigration checkpoint of that route.
Section 62 Whoever fails to comply with the provisions of Sections 11 or 18 paragraph two shall be punished by imprisonment not exceeding two years and a fine not exceeding twenty thousand baht.
If the person committing an offence under paragraph one is a Thai national, the offender will be punished by a fine not exceeding two thousand baht.
Bold font used to highlight key concepts, not to to shout to anyone.- 4
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4 minutes ago, nss70 said:
Any up to date preference on consulate for easiest application with the least demanding requirements?
There are no requirements. People goes to the one which is closer, more convenient, or to match with a visit to another country, etc.
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10 minutes ago, 007 RED said:
Because your friend entered the Kingdom on her Dutch passport, Thai immigration will treat her as a foreign national, regardless of the fact that she is a Thai national and also holds a Thai passport. Therefore, if she surrenders to immigration and leaves Thailand on her Dutch passport she is going to be liable to a 20K Baht fine plus a one year ban. If she stays another month the ban will be increased to 3 years.
Do you realize that a Thai cannot be banned from Thailand? And that even if Immigration tries, no judge would "treat her as foreigner", in a court?
Using a foreign passport does not make anyone lose his citizenship, status, and rights!
Note, is not difficult to go to court, these are the "judge review" cases that usually last few minutes when over-stayers are caught then sent to IDC. Immigration does not have the last word, only the Judge has. If you are interested I can point you to the section in the Immigration Act that deals with Thais entering Thailand illegally.
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13 minutes ago, realenglish1 said:
She can leave on her Thai passport and not use her other passport to enter Thailand again no need and yes she can enter the country of her foreign passport no problem
The thing is, her Thai passport has no entry stamp or record, and with the (same) name+DOB, the system itself or the IO can easily find that she entered with a foreign passport. So I agree that she has to do the passport swap ASAP, but I don't think anyone can guarantee that will happen without issues. My suggestion is to find a friendly contact at a border immigration, apologize for the mistake, etc.
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1 minute ago, LolaS said:
my husband is Dutch, I am sorry, but I dont know how old is OP friend, but if it is same age as me, please be assure that Kingdom of Netherland DOESNT allow double citizenship...
also I dint understand why she didnt use one year rule for holders of thai card? it is better to pay 20000 or let Holland strip you off citizenship
False. I think you have not read the above, so I will post and link again from the official ducth gov.t website:
- If you are married to a Dutch national, you may keep your own nationality. The same applies in the case of a registered partnership.
https://www.government.nl/topics/dutch-nationality/dual-nationality
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1 hour ago, keeniau96 said:
K-bank (green) is nice,
Yesterday K-Bank in Pattaya Klang declined to open an account unless one has a work permit. In the past they had opened two for me withut issues.
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2 hours ago, nss70 said:
For now we were looking to get him either a tourist visa or a business visa on a fly for visa run.
In my opinion the most appropriate for a young Foreigner/Thai would be studying (Thai, or secondary education) and get the relevant visa / permission to stay.
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Just now, UKJASE said:
Thanks Paz....... the reason she mentions the dutch passport and keeping it "active" is that the dutch dont allow dual passports she thinks.
She's thinking too simply. Without any doubt she is Thai by birth, then acquired Dutch citizen by nationalization (marriage or residency).
In that case, The Netherlands cannot force her to renounce Thai Citizenship:
In several situations you are not required to give up your original nationality.
- In some countries you automatically acquire the nationality of that country if you are born there. And it is up to every country to decide when their nationals lose their nationality. Greek and Iranian nationals, for example, cannot give up their nationality: it is not legally possible. In Morocco giving up your nationality is not accepted in practice.
https://www.government.nl/topics/dutch-nationality/dual-nationality
Then regarding your comment below. I meant her to show her Thai ID card and passport to any immigration office threatening to fine (or Buddha forbids, arrest) for overstay according to the Immigration act, and make clear she will not pay. Becausethe entire act applies to foreigners only, but she is not. There is only one section in the Immigration act regarding Thai entering "illegally", I can point you to it if you want.
At the same time she can't go to any border post with Thai ID card and Passport, and expect that Immigration behaves according to her needs and situation. If there is red flag in the system it has to be sorted out with patience and reason.
Just now, UKJASE said:Also Paz, your second response seems to contradict your first response...... You say all she need do is "flash her thai id card", but then in your second response you say "if the system has record of her previously leaving on Thai passport and not returning with it, there will be an incongruity and she will be back at square one. Ugly situation especially at the airport with (possibly) unfriendly officers and time ticking."
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11 minutes ago, UKJASE said:
Thanks Mattd..... could she not then, simply leave thailand on her thai passport and enter europe on her dutch passport? (thus avoiding the 20k overstay fine)
She can try, but if the system has record of her previously leaving on Thai passport and not returning with it, there will be an incongruity and she will be back at square one. Ugly situation especially at the airport with (possibly) unfriendly officers and time ticking.
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Have her bite the bullet if she wants, but whatever practice Immigration takes to punish rThais entering as foreigner is null and void, if she has the will of bring it to a judge (you have the right to have a judge actually decide on all overstay cases). All she has to do is flash her Thai ID card to anyone threatening. And her idea to "keep it active" is absurd, her Dutch citizenship cannot be taken away.
Finally, there is no check of matching entry / exit stamps when travelling by air. You advice of using the same passport, etc is wrong.
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3 hours ago, BritTim said:
While people generally do the conversion with the intention later of applying later for a one-year extension of their permission to stay, nothing in the process requires you to apply for any such extension.
I think that is just your view of how "it should be", but is not Immigration practice. So they process conversions only when there are the requisites for the applicable 1-year extension, like marriage, retirement, or (the most difficult to get) employment.
Just like ubonjoe has been explaining above and heaven knows how many times before.
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Seems to me that in the end, everyone is saying the same: Tourist visa is converted, and then an extension of stay is granted. But some offices do make that difficult, or process the extension at a different time, etc.
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1 hour ago, elviajero said:
As 'O-A' visas are valid for 1 year from the issue date it is possible that it was issued anytime from June '16.
As simplest logic was telling, looks like the OP was issued the O-A sometime after asking about it here on Apr 9th, '17.
https://www.thaivisa.com/forum/topic/977661-o-a-options/
So time-wise, he's doing did the best use of it.
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12 hours ago, elviajero said:
Because the visa could have been issued anytime between June '16 and June '17. You have up to one year to make the first entry.
How it could have been issued before June '17. Again, OP words: First year expires June 2018
You are supposing something that just doesn't hold up.
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11 hours ago, elviajero said:
You need to check the 'enter before' date printed on the 'O-A' visa.
If the date expired before your entry a few weeks ago then you were correctly given 30 days.
Hmm.. how that could possibly be the case? Per OP, visa issued, or first entry, on June 2017.
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38 minutes ago, Chicken George said:
you didnt wright your permit/ visa number in the box on the TM7. So they gave you what you should have. Sorry your fault... This cannot be changed.
Common mistake . A hard lesson.
Were you there to see that visa field wasn't filled? NO.
Even if it wasn't, are you Immigration to say that it can't be fixed? NO
So you're talking off your ....? I think, YES,
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1 hour ago, tomwct said:
Your on a Tourist and you are not allowed to work! I suggest you go home while you can and get a job! Thailand wants good people here not the ones who break the law!
Drop the accusation and rant. The OP here is the VICTIM of deceiving. And I will refrain to say what you look to be from the few hate lines you wrote.
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On 7/11/2017 at 7:16 AM, Happy enough said:
The guys British, not Syrian!
For as long the UK is part of the EU, a spouse has a right to stay with no visa and no conditions, no matter port of entry in EU. UK courts have been bashed for breaching this basic human right by superior EU courts, repeatedly on the subject. That will surely change, but it hasn't yet.
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On 7/7/2017 at 6:39 AM, Speedo1968 said:
Not sure if this may help.
Please read all of it carefully and do not hesitate to ask if he has any questions.
I have assumed he is a UK national holding a UK passport.
If he decides to return to the UK and is, as stated, 60yrs old and unwell.
Depending on where he lived in the UK and the type of housing he had, i.e. own or council.
If the latter depending on what reason he gave for giving up his house.
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Never in this forum I've read so much fictitious/irrelevant blabbing about UK laws or UK subjects and so.
Nowhere the the OP has mentioned that they guy has any issue with his situation/property/benefits in the home country, so why drifting to a domestic benefit issue?
However, since the thread has been hijacked already, I have a suggestion for any British subject that does not feel like going back to the Kingdom for a while, he/she can fly anywhere in the EU, with a spouse or any family member (nationality, income, or abilities do NOT matter),a nd live there starting from 500 quids a month, that includes health care. Then, if in 2 or 3 years this privilege will go away because of the decision of a slim majority,, that's not anything an individual should care about when going after his/her present rights.
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What most "law-abiding" posters here are missing is that to the average Thai Immigration office, all that paperwork is just a a comedy. He/she could not care less if the "old rich falang" has kept the money in the bank for 9 or 90 days. That money is anyway about 100 time his/her monthly salary. of course, they the want money to look the other side. The typical ango-saxon retiree quickly adapts to that, or found whining about those that he deems inferior to him/hr, but have obtained the same "allowed stay" benefits.
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6 hours ago, perthperson said:
It is a number of years ago now there was visa exempt scam
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RIght. But not the OP situation, location, or proposition.
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50 minutes ago, Maestro said:
"Changed rules for OA?"
He doesn't have an O/A, that has been clear from the onset.
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If you want to ask Joe specifically and exclusively, why don't you PM him directly?
Since you posted on a public forum, here's my public answer. I will welcome any correction and improvement by Joe or anyone knowledgeable.
As long the guy is not caught (apprehended) in overstay, he will not be arrested, will have to pay Bt. 20,000 fine, and let leave, preferably by air and to his country. meaning he will have to show up at the airport with ample time before his flight out. If he surrenders to any other immigration post detention and miserable time will happen.
By rule he will be banned to returning for one year,. That does not mean he would be arrested when returning, it means he will be refused entry, and sent back, by air, land or sea.
https://www.thaivisa.com/forum/applications/core/interface/file/attachment.php?id=418808
Of course, he's free to search a way to avoid the ban. I suggest that he searches for a good connection with immigration, and be prepared to pay some significant money. If he can't do that, he will have to just enjoy his box time away, with or without the Thai wife.
Incidentally, there are no reports yet of anyone having returned to Thailand after a ban for the rules above has expired.
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The bank questions are nothing strange. They are part of know-your-client regulations that has been mandated worldwide in recent years, mostly to evaluate investment risk profile.
It is easy to infer the the "manager" is a condo manager just reading the first four lines of OP. And the rest of the post above mine takes a kind of lecturing attitude that even if technically correct, does not apply or help the OP. And since he does not seem the type of person that is interested or very able to navigate immigration by himself, I suggest that he contacts the former condo manager again. She should be able to sort things out just like she did before.
Dual Passport Problem / Overstay
in Thai Visas, Residency, and Work Permits
Posted · Edited by paz
Nonsense. I quoted a translation of the law, should I quote the original in Thai?
The only Thais that pay the fine as Foreigners are the ones that willingly subject themselves to the abuse by Immigration. A Judge would not impose that fine, in fact Immigration Judges routinely impose lesser fines than 20K.