Forced overstay by immigration?

[Gulfsailor]

I understand that one can apply for an extension of stay based on employment up to the last day of the current permission to stay. 

So with all docs prepared I visited the local immigration office to submit everything a few days before my permission to stay expires, in case any more documents are required. 

Anyway. I was informed I need to make an appointment around 2 - 3 weeks into the future because they are very busy. Never had to do that ever before. Until the day they actually accept the stack of documents and I receive the 30-day under consideration stamp I will be on overstay at the cost of 500 Baht per day. I don't like this at all. 

Any suggestions how to deal with this?

[Mattd]

If you have the 30 day under consideration stamp in your passport, then you will not be on overstay even if your original extension expires before that time is up, the new extension will start the day after after the old one expires, i.e. be back dated.

Edited March 5, 2018 by Mattd

[ubonjoe]

3 minutes ago, Mattd said:

If you have the 30 day under consideration stamp in your passport, then you will not be on overstay even if your original extension expires before that time is up, the new extension will start the day after after the old one expires, i.e. be back dated.

He has been told that he cannot do the extension application for another 2 or 3 weeks. No under consideration stamp until then.

[chrisinth]

6 minutes ago, Mattd said:

If you have the 30 day under consideration stamp in your passport, then you will not be on overstay even if your original extension expires before that time is up, the new extension will start immediately the day after after the old one expires.

I think what he is saying is that he won't get the under consideration stamp until the date of his appointment.

 

Between the end of his current extension and the date of his appointment, he will technically be on overstay, 500 baht a day.

 

Maybe I read this wrong?

 

Edit: Sorry Joe, just read your reply.

Edited March 5, 2018 by chrisinth

[Gulfsailor]

2 minutes ago, Mattd said:

If you have the 30 day under consideration stamp in your passport, then you will not be on overstay even if your original extension expires before that time is up, the new extension will start the day after after the old one expires, i.e. be back dated.

Immigration won't issue the under consideration stamp until they accept the application, which is after they check the docs, which is during (or after if anything is missing) the appointment set a few weeks from now. The immigration staff told me to expect an overstay of 2 to 3 weeks due to this. 

[Mattd]

3 minutes ago, Gulfsailor said:

Immigration won't issue the under consideration stamp until they accept the application, which is after they check the docs, which is during (or after if anything is missing) the appointment set a few weeks from now. The immigration staff told me to expect an overstay of 2 to 3 weeks due to this. 

My apologies, I misread your OP, in that case it is not good, which immigration office for a matter of interest?

 

[Phuket Man]

You can apply a month early.

Never leave it until the last minute.

 

Not much help now I know but it might be a warning to others.

[JackThompson]

This sounds like the Chang Mai scam?  I assume this is a scheme to force you to go to an agent, so they can get their envelope-money?  I would assume an agent can get it done in a couple days for a fee-total around 7x to 10x the actual cost of the service.

[brewsterbudgen]

When did they start issuing under consideration stamps? I've always have my yearly extension for work issued on the day I apply - at Chaengwattana. Is this new?

Sent from my SM-G930F using Thailand Forum - Thaivisa mobile app

[Samui Bodoh]

Go do a border bounce ASAP.

 

Having an overstay in your passport for any reason is madness these days.

 

PS if you are not familiar with the companies, PM me and I'll let you know. Good luck!

Edited March 5, 2018 by Samui Bodoh

[glegolo]

I am actually sitting here waiting for UbonJoes reply, commenting the situation as he usually do??? What is happening here with this guy, the OP I mean, seems to be a disaster..

 

glegolo

[ubonjoe]

1 minute ago, brewsterbudgen said:

When did they start issuing under consideration stamps? I've always have my yearly extension for work issued on the day I apply - at Chaengwattana. Is this new?

Sent from my SM-G930F using Thailand Forum - Thaivisa mobile app
 

Most immigration offices do a under consideration stamp for an extension based upon working for a company because they have be approved by the division headquarters for where the office is located.

[ubonjoe]

3 minutes ago, Samui Bodoh said:

Go do a border bounce ASAP.

A border bounce would not do him any good. He cannot work with visa exempt entry.

He could go to a embassy or consulate to get a non-b visa and then do his one year extension application.

[ubonjoe]

5 minutes ago, glegolo said:

I am actually sitting here waiting for UbonJoes reply, commenting the situation as he usually do???

I seem to of forgotten to post the reply I did earlier.

It is highly irregular for an office to request an appointment to do an extension application. In fact I am not aware of any office wanting one.

I could see it if they had clearly let people know in advance it was needed. In this this case they should of accepted the application.

[blackcab]

Which immigration office is this please?

[Gulfsailor]

Just now, ubonjoe said:

I seem to of forgotten to post the reply I did earlier.

It is highly irregular for an office to request an appointment to do an extension application. In fact I am not aware of any office wanting one.

I could see it if they had clearly let people know in advance it was needed. In this this case they should of accepted the application.

I've done extensions for nearly 10 years at the same office. Just walk in, and get to see a senior officer in charge, who will check the docs, stamp the 30-day and send the whole stack to division headquarters. This is the first time an appointment is required. Of course the immigration staff says they have always had this rule.... what can you do.

 

I tried to contact immigration helpline but the 11?? Number is auto forwarded to our local immigration office, so that's no help. Bangkok head office don't pick up the phone, and the division headquarter office refers me back to my local office. 

[Gulfsailor]

Forgot to add; I was at the immigration over a week ago to get the latest list of requirement for the extension application. They could have informed me then that an appointment was necessary, or even write it on the list itself... or maybe they could have informed me when I called ahead to ask if they needed all docs in two-fold. Would at least have saved me this trip.

i don't really mind the wait, nor the 500 Baht per day, but don't like the 'overstay' stamp in my passport at all. Been living most year round in Thailand for 13 years and never had a single overstay. Always followed all rules in regards to visas, work permits, etc. 

[Samui Bodoh]

4 minutes ago, Gulfsailor said:

Forgot to add; I was at the immigration over a week ago to get the latest list of requirement for the extension application. They could have informed me then that an appointment was necessary, or even write it on the list itself... or maybe they could have informed me when I called ahead to ask if they needed all docs in two-fold. Would at least have saved me this trip.

i don't really mind the wait, nor the 500 Baht per day, but don't like the 'overstay' stamp in my passport at all. Been living most year round in Thailand for 13 years and never had a single overstay. Always followed all rules in regards to visas, work permits, etc. 

same same

 

I'll leave it to the experts, but I would not have an 'overstay' in my passport for any reason these days; it is asking for trouble no matter the reason.

 

If it is not sorted in time, head out for a holiday and get a new visa. Annoying, but anything is better than an overstay stamp..

 

Good luck!

 

Edited March 5, 2018 by Samui Bodoh
Lack of coffee

[RichCor]

From the lack so far of anyone mentioning it... 

 

That immigration isn't issuing any temporary paper to allow any current permission-to-stay to remain in effect, and therefor defaulting into an overstay -- I'm surprised being on overstay wouldn't immediately invalidate any ability to apply for an further additional extension-of-stay. 

 

Outside of the Court or a Hospital Emergency, I thought any laps in permission-to-stay meant you'd have to exit the country and start over and re-apply from scratch.

[ubonjoe]

4 minutes ago, RichCor said:

That immigration isn't issuing any temporary paper to allow any current permission-to-stay to remain in effect, and therefor defaulting into an overstay -- I'm surprised being on overstay wouldn't immediately invalidate any ability to apply for an further additional extension-of-stay. 

 

Outside of the Court or a Hospital Emergency, I thought any laps in permission-to-stay meant you'd have to exit the country and start over and re-apply from scratch.

Immigration will still issue an extension with a few days of overstay. I have read of them doing one for a person with 2 weeks of overstay.

[Gulfsailor]

Just now, RichCor said:

From the lack so far of anyone mentioning it... 

 

That immigration isn't issuing any temporary paper to allow any current permission-to-stay to remain in effect, and therefor defaulting into an overstay -- I'm surprised being on overstay wouldn't immediately invalidate any ability to apply for an further additional extension-of-stay. 

 

Outside of the Court or a Hospital Emergency, I thought any laps in permission-to-stay meant you'd have to exit the country and start over and re-apply from scratch.

Agree. Thai boss just told me that she has received an appointment date on the 13th, 5 days after my permission to stay ends. If immigration just issues me a 7-day extension (or refusal) then I'm good until the under consideration stamp gets into effect. But they don't want to. Oh, and they did keep the stack of documents as well as my passport. So I can't do anything right now anyway, unless I ask my passport back and leave the country. So I'll be on overstay as of Saturday and won't even have a passport or any paper or receipt  from immigration. Better stay hidden inside until next Tuesday... Awesome situation. 

[BritTim]

7 hours ago, Gulfsailor said:

Agree. Thai boss just told me that she has received an appointment date on the 13th, 5 days after my permission to stay ends. If immigration just issues me a 7-day extension (or refusal) then I'm good until the under consideration stamp gets into effect. But they don't want to. Oh, and they did keep the stack of documents as well as my passport. So I can't do anything right now anyway, unless I ask my passport back and leave the country. So I'll be on overstay as of Saturday and won't even have a passport or any paper or receipt  from immigration. Better stay hidden inside until next Tuesday... Awesome situation. 

If immigration is already holding your passport and the supporting documents for the application, I find it quite ridiculous that you could be fined for overstay. You effectively have lodged an application which is under consideration. The difference from normal is that it is awaiting consideration by your local office rather than head office.

[Mattd]

14 hours ago, brewsterbudgen said:

When did they start issuing under consideration stamps? I've always have my yearly extension for work issued on the day I apply - at Chaengwattana. Is this new?

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I think it depends on the situation, i.e. type of work permit, when I previously worked for a BOI registered company, (done at one stop) which then became under IEAT (done at Sriracha IO) all of the extensions were done on the same day and the last 8 years were two yearly extensions, the last two WP / extension renewals have been with a different smaller company and both extensions have had the under consideration stamp issued by Chaengwattana IO.

[dinsdale]

Make an appointment? To busy? Mmmmm! Anyway I think the usual thing is if you want an extension of stay you must apply not less than 7 days before your last day.

[ubonjoe]

5 minutes ago, dinsdale said:

Anyway I think the usual thing is if you want an extension of stay you must apply not less than 7 days before your last day.

There is not such rule. You can apply on the last day if you want to.

[jak2002003]

Which immigration office is this?  I hope its not Chiang Mai!  

[terminatorchiangmai]

16 hours ago, JackThompson said:

This sounds like the Chang Mai scam?  I assume this is a scheme to force you to go to an agent, so they can get their envelope-money?  I would assume an agent can get it done in a couple days for a fee-total around 7x to 10x the actual cost of the service.

Was at CM immigration last week for Business extension.

2 weeks before due time , but you can apply already 45 days before.

No agent , just walked in at 08:00 AM and got que number 2.

Got helped by a very friendly lady at 09:30 and was out at 10:00  with my one month consideration stamp.

So definitely not the CM Immigration !

 

Edited March 6, 2018 by terminatorchiangmai

[Phuket Man]

28 minutes ago, ubonjoe said:

There is not such rule. You can apply on the last day if you want to.

You are absolutely correct Joe, but it is never a good idea to leave it till the last minute just in case of problems.

[tgeezer]

An absolutely incredible situation, in country with no passport and no receipt, very irregular.  I would follow it up while you are still legally in the country.  It is probably a misunderstanding on your part,  It will be interesting to see what is stamped in your passport when you next see it, if you haven’t been locked up before then. 

Edited March 6, 2018 by tgeezer

[edwardflory]

Take the hint:

 

90 days, go 5 days early - any problems, you have 4 days to clear..yes, you loose 5 days on 90 days.

 

YEARLY renewal, go 30 days early - Any problems you have 29 days to clear. You loose NO days on a yearly extension.

 

Why do so many people WAIT till the last day or two?  That OVERSTAY stamp IS in the computer till "hell freezes over "