hello to everyone , i wanted to share what happened to me today and i would appreciate any advice , about one year and a half i decided to pay the 500.000 baht to get a thai elite visa for 5 years well so far all good as the only thing i needed from my part was to give my passport every 3 months to the office of thai elite visa and take it to the immigration  for the 90 day report which i did every 3 months - 1 week earlier always before the deadline , but the last time i did i received the following email from the office :

 

 

Greetings from Thailand Elite Customer Contact Center.

 

With regard to your 90 days report which our staff report on behalf, we regret to inform you that the immigration officer on duty found that your permission to stay in the Kingdom is over 150 days. You having overstayed since 21 Jan 2018 

 

Please be advised that you immediately seek legal help and prepare to leave the country as soon as possible, facing the possibility of being banned from re-entering Thailand for a year regarding the immigration law and regulation as attached.

 

If you are caught in Thailand as an overstaying foreigner you will be detained and face punishment, however, if you leave Thailand as an overstaying foreigner without being caught you will only face a fine and possible ban from re-entering Thailand when exiting through immigration, and will not face any imprisonment or detainment.

 

well im shocked and scared at the moment , my last deadline for the 90 day report is on 26th of june and already gave my passport to the office on 18th of june , so the question is how i am 150 days overstayed in thailand if i have the ticket in my passport for the 90 days report till 26th of june ,  and if im 150 days overstayed why they gave me a stamp last time for 90 days i really dont know what to do ....

This visa is only valid for a year. It seems like you didn't leave the country or apply for 1 year extension.

 

Your 90 day report is a separate issue and has nothing to do with a permission to stay.

 

Yes, it looks like you're in trouble.

thank you for the reply , im trying to understand how is this my fault if i always give my passport to the office for the 90 days report , they say i m 150 days overstayed but how is this possible as i got the 90 days report before 3 months which is less than 150 days and already overstayed if thats the case why i didnt get a warning or a fine ? the immigration officer didnt see that i was overstayed 3 months at that time ? is there anything i can do to avoid the 1 year ban ?

I have no clue why they didn't warn you. They probably missed it as visa extension is really your responsibility. One would expect, however, that when you pay 500k for a visa the rules would be explained to you.

 

As for the best course of action....I don't know. You seem to overstated for more than 90 days so it's a year ban. You are actually very lucky you didn't get arrested which I can only assume is due to visa you are holding.

 

Let's wait for ubon joe to give you the best answer.

I have checked into the 5 years Elite visa long time ago , if i remember right you need to exit and re enter Thailand once a year. You are over staying if you have not been out of Thailand since you got the Elite visa about one and the half year ago.

 

There seems to be a misunderstanding between two different things the length of your permission to stay (which some wrongly refer to as your visa) and 90-day reporting.  These are two separate things.

 

As best I understand, with the 500,000 baht Thailand Elite Card you get 1 year's permission to stay in Thailand.  If you exit the country before 1 year is up and return you will get another year.  If it comes up to 1 year and you have not left the country then you can apply for an extension and will get another year's permission to stay.  I guess that you neither left the country before your one year's permission to stay lapsed nor applied for an extension.  So technically that means you're on overstay, even if you did not intend to be and were not aware.

 

90-day reporting is different from permission to stay.  It is simply something all long-stay foreigners must do i.e. report to their local immigration office that they are still in Thailand and where they are residing.  It is NOT extending your visa or permission to stay.

 

As to what to do now, hmmm, I hate to say it but it seems like you're in a bit of a pickle as you might be looking at a ban for a period for overstaying your visa.  The best I can say is have a chat with Thailand Elite and see if they have any suggestions.

The visa you have only allows a one year entry every time you use it for 5 years from the date of issue. At end of that one year entry you must leave the country and re-enter to get a new entry or apply for a one year extension at immigration.

The 90 day reports you have been doing do not extend your your stay and if you look at the receipt for them it states that.

It seems immigration was in error if they processed any 90 day report after January 21st of this year.

I suggest you talk to Thai Elite about them acting as liaison with immigration to have the banning for a one year for an overstay longer than 90 days waived. You would still have to pay the maximum fine of 20k baht for the overstay. 

Since Thai Elite has contacts at Suvarnabhumi airport they could possibley assist you when you leave the country to clear the overstay by paying the fine on departure of the country.

thanks to everyone for the reply , i think i need to pack and leave the country , i was not well informed and i wish someone explained to me before that i need to leave the country every year which is different from the 90 day report , the thailand elite office tried to blame the immigration officer on counter 3 as they told me from not checking properly the last time i got my 90 day report 

 

thanks again and wish you all the best

4 minutes ago, vipsvvvv said:

thanks to everyone for the reply , i think i need to pack and leave the country , i was not well informed and i wish someone explained to me before that i need to leave the country every year which is different from the 90 day report , the thailand elite office tried to blame the immigration officer on counter 3 as they told me from not checking properly the last time i got my 90 day report.

As I wrote in my post you need to contact Thai Elite about the problem. Then make your plans to leave from Suvarnabhumi airport.

I think they might be able help you avoid the one year ban.

IMO they are correct in blaming immigration. They certainly should of not processed any of your 90 day reports after January 21st.

19 minutes ago, vipsvvvv said:

thanks to everyone for the reply , i think i need to pack and leave the country , i was not well informed and i wish someone explained to me before that i need to leave the country every year which is different from the 90 day report , the thailand elite office tried to blame the immigration officer on counter 3 as they told me from not checking properly the last time i got my 90 day report 

 

thanks again and wish you all the best

At the end of the day it is ALWAYS the entrants responsibility to be in compliance with local immigration laws/rules. With a Thai Elite visa one would think that this was covered but even with the premium price paid for a Thai Elite there can be problems. If you qualify then a Non-OA is better and cheaper.

 

MJ

this is not thailand elite's fault

 

this is the mistake of immigration for processing a 90 day report without a valid visa extension.

 

The service you requested from thai elite would be 90 day reporting which they did from your post but immigration didnt flag the extension was over after 1 year is up.

 

When i processed my 90 day report before my new extension immigration told me to get the extension first then come back to the desk for the 90 day report. 

 

So how you were able to get 1-2 90 day report without a valid extendion is crazy and a worry if YOU dont check as well

 

 

I think at best perhaps Elite card can help avoid a black list and get you back on another year in the re-arrival. 

I would tell TE what date and time you will be at the Airport and ask them to have one of their reps meet you there before you pass Immigration

 

Maybe thy can talk with Immigration about waiving the overstay ban (but you more then likely still have to pay the fine)

 

If you try to pass through Immigration alone you will very likely receive a overstay ban

 

 

If you are paying this kind of money, 500,000 Baht, for an Elite Card, Thailand Elite should clearly explain these matters to you and assist if there is a snafu.   I read you copy and paste of the message from Thailand Elite Customer Contact Center, and it manages to both be alarming and virtually incomprehensible.  I don't see the value of the Elite Card if they can't communicate the requirements to their customers in clear and comprehensible English.  I have never understood what value Thailand Elite provides to foreigners.  It seems to simply confuse matters and cause unnecessary and often serious legal problems.  Why pay 500,000 Baht for that kind of grief?

@vipsvvvv

 

Do post an update stating how things went when you cleared the overstay. I hope you don't get a ban. It would seem ridiculously disproportionate to the seriousness of the error and totally out of line with the amount you have paid in fees.

Ouch..

Hope you get it worked out.

I am also a member of TE....it clearly states in their correspondence that you must leave the country every year or pay 1900baht for the following years extension....your last stamp in the passport also shows the expiry date of your stay

this visa is more designed for frequent travellers....not long term permenant stayers

30 minutes ago, mrboats said:

I am also a member of TE....it clearly states in their correspondence that you must leave the country every year or pay 1900baht for the following years extension....your last stamp in the passport also shows the expiry date of your stay

this visa is more designed for frequent travellers....not long term permenant stayers

"this visa is more designed for frequent travellers....not long term permenant stayers"

 

I think there are a few on this forum who will not like that opinion....Love Thilande Lite, et al.

41 minutes ago, mrboats said:

I am also a member of TE...

Don't you love it when you have stuffed up and somebody comes along and gives you advice after the event, basically repeating back to you what you have just told them. What would we do without these helpful people?

I know you have to read the rules etc but when I hear the words “Thai Elite Visa and 500,000 baht and five years” I think the OP should be treated in the best way immigration can possibly treat a guy.  Hope they make it right for you OP. 

Very odd that YOU didn't check the "admitted until" date in your passport and immigration missed the problem when you did your last 90 day report.

As many other TE members are commenting on Facebook where somebody copied the post, all entries are for 1 year and it is clear in your TE pack.

Good luck !

 

9 hours ago, vipsvvvv said:

thanks to everyone for the reply , i think i need to pack and leave the country , i was not well informed and i wish someone explained to me before that i need to leave the country every year which is different from the 90 day report , the thailand elite office tried to blame the immigration officer on counter 3 as they told me from not checking properly the last time i got my 90 day report 

 

thanks again and wish you all the best

I just entered the Thai Elite program and at least for me it's quite clearly stated in the welcome email. Would this letter be changed?

 

I quote:

 

Please be reminded that Thailand Elite Visa will be given when requested. Please contact our Customer Contact Center to make advance reservation to obtain the visa. After Thailand Elite Visa is granted, you are allowed to stay in Thailand for 1 year starting from your latest arrival date. If you wish to stay longer without leaving Thailand, you must do the stay extension before the due date to prevent fine and penalty for overstaying.

Thailand Elite Members are required to do 90-day reporting at the Immigration Office. For members who have permanent residence in Bangkok, we have the staff to do reporting on your behalf. Kindly drop the passport before the due at our office on Tuesdays and collect it on Thursday. For members who are staying in Phuket, Chiangmai and Pattaya, kindly drop the passport at our contracted agent in each province. Please contact Customer Contact Center for more details..

 

Of course, the visa stamp that you received in your passport probably also shows an expiration date. But I guess if you're new to this visa stuff, you might have missed that. I certainly overstayed a few days a few years ago when I didn't understand properly how visas work.

1 hour ago, Briggsy said:

Don't you love it when you have stuffed up and somebody comes along and gives you advice after the event, basically repeating back to you what you have just told them. What would we do without these helpful people?

Not sure what you're on about. The OP claims that he wasn't told that he had to leave or renew his extension of stay when enrolling with Thailand Elite. mrboats pointed out that they do in fact inform everyone about the need to leave and come back or renew the extension of stay every year.

 

Hopefully Thailand Elite can pull some strings and make sure OP doesn't get blacklisted.

You do not have to leave the country every year, you simply go to immigration and apply for a one year extension before the admitted until date on the entry stamp, cost 1900 baht. You can stay continually in Thailand for five years if you wish. You do not need a reentry stamp if you leave the country, when you return you automatically get another 12 months. 

7 hours ago, humbug said:

this is not thailand elite's fault

 

this is the mistake of immigration for processing a 90 day report without a valid visa extension.

 

The service you requested from thai elite would be 90 day reporting which they did from your post but immigration didnt flag the extension was over after 1 year is up.

 

When i processed my 90 day report before my new extension immigration told me to get the extension first then come back to the desk for the 90 day report. 

 

So how you were able to get 1-2 90 day report without a valid extendion is crazy and a worry if YOU dont check as well

 

 

 

This is the way people care about their job in this country.

 

And anyway, why would the OP be on overstay when he has a 5 years valid visa ?! It should not be called overstay.

 

I wish you the best and hope that you blame all these idiots, elite and immigrat.

 

 

 

 

4 minutes ago, grkt said:

 

This is the way people care about their job in this country.

 

And anyway, why would the OP be on overstay when he has a 5 years valid visa ?! It should not be called overstay.

 

I wish you the best and hope that you blame all these idiots, elite and immigrat.

 

 

 

 

Because he doesn't have a 5 year valid visa. He has a 1 year valid extension of stay which he can extend for one year at a time for five years.

3 minutes ago, Myran said:

Because he doesn't have a 5 year valid visa. He has a 1 year valid extension of stay which he can extend for one year at a time for five years.

He does have a valid visa that allows unlimited one year entries for 5 years from the date of issue.

A extension is only needed if a person does not want to leave the country to get a new one year entry.

I see the Elite visa as confirmation that the Thai government are only interested in your money, you gave them 500.000 Baht? What are you getting in return for it? You still have to pay for everything else, and still have to do your 90 day report as well during these five years.

sounds like the newer 10 year retirement visa is a better deal than the elite if you are over 50 years old and can meet the financial requirements.

 

I have to admit, that despite the onerous being on the OP to ensure that his permission to stay is in date, it does surprise me that Thailand Elite did not pick up on this and warn him of the potential overstay the last time that he submitted his passport for a 90 day report, a pretty poor show by all really, just shows that neither TE or Immigration pay much attention.

There is, unfortunately, every possibility that a ban will be applied, meaning that most of the 500,000 paid out is wasted.

Lesson learnt for other TE members out there.