90 days overstay

[ubonjoe]

A off topic post meant to derail the topic has been removed.

[JackThompson]

1 hour ago, hawker9000 said:

... 'Can't help but speculate that the OP overstayed by so much and then can't tolerate a year's ban because he has either a family, a gf, a permanent residence, and/or an illegal job perhaps with no place really to go back to in his home country for an entire year.   ...

If, by some unimaginable circumstances, this happened to me, I can think of many places that have much lower overhead-costs for a better quality-of-life, and would be closer to a Thai family/gf, so they could visit me. 

 

An illegal-job in Thailand could be quickly replaced with a legal one in Cambodia, if they are an English-teacher or dive-instructor - which are about the only illegal-jobs that could remotely appeal to someone from Europe, USA, Australia, etc.
 

1 hour ago, hawker9000 said:

If however this is all the result of being in an unexpected coma or held by kidnappers for 90 days or more, I do apologize.

In one recent case, the "over-stayer" in question had a 1-year ME Visa, and thought that meant he could stay one year without 90-day border runs.  Though clearly his responsibility to understand the conditions of his visa, this is a case where a fine would have been sufficient punishment, without forcibly separating him from his family for a year, over a simple misunderstanding. 

 

We don't know the extenuating circumstances, here.

[anon789561]

1 hour ago, JackThompson said:

If, by some unimaginable circumstances, this happened to me, I can think of many places that have much lower overhead-costs for a better quality-of-life, and would be closer to a Thai family/gf, so they could visit me. 

 

An illegal-job in Thailand could be quickly replaced with a legal one in Cambodia, if they are an English-teacher or dive-instructor - which are about the only illegal-jobs that could remotely appeal to someone from Europe, USA, Australia, etc.
 

In one recent case, the "over-stayer" in question had a 1-year ME Visa, and thought that meant he could stay one year without 90-day border runs.  Though clearly his responsibility to understand the conditions of his visa, this is a case where a fine would have been sufficient punishment, without forcibly separating him from his family for a year, over a simple misunderstanding. 

 

We don't know the extenuating circumstances, here.

i do. he messaged me. he has fallen in love with a girl and overstayed and wants to come back. 

[elviajero]

23 hours ago, ubonjoe said:

How  would immigration be able to ban him for 5 years if he voluntarily turned himself in to immigration. The rules state if caught with an overstay.

The rules state that if you are arrested and prosecuted you can be banned for 5 years. If the OP turned himself into immigration anywhere other than at a border he would be arrested, detained and sent to court. Unless he had some amazing reason for overstaying he would be found guilty and prosecuted. If he did have an amazing reason for overstaying I doubt it would even go to court.   

 

I only know of one person that has been caught on overstay since the new rules came in. He was found guilty in court , fined and ordered to be deported. No mention of the ban in court. When he received his passport back at the border it had the ban stamp and accompanying letter.

 

23 hours ago, ubonjoe said:

Also the judge has the authority to waive the banning if he if he feels the ban is not justified.

Probably. So do immigration officers who are the people that issue the bans. 

 

Risking an extra 4 year ban on the slim to no chance that the judge will waive the ban seems nuts to me.

[Wake Up]

On 9/24/2017 at 7:45 AM, Elkski said:

It's funny how we condemn the Thai justice system that lets rich persons buy off their troubles,. Until it is our turn. 

My vote for favorite post of the month. 100 percent correct.