Passport Seized Overstay

[ArranP]

Due to an incident and ongoing investigation passport is currently is held by the local police.

 

Visa is VOA which expired already.

 

Will there be an overstay payment due once passport is returned ?

[MJKT2014]

13 minutes ago, ArranP said:

Will there be an overstay payment due once passport is returned ?

Yes.

[ArranP]

I understand there is a threshold of 40 days after future entry into thailand will be denied ?

[Just Weird]

18 minutes ago, ArranP said:

Due to an incident and ongoing investigation passport is currently is held by the local police.

 

Visa is VOA which expired already.

 

Will there be an overstay payment due once passport is returned ?

If the the investigation is official and recorded properly you will not be subject to overstay charges as long you weren't on O/S before the confiscation of your passport as the overstay would be beyond your control.

[ubonjoe]

Just now, ArranP said:

I understand there is a threshold of 40 days after future entry into thailand will be denied ?

You will be fined 500 baht a day up to a maximum of 20,000 baht (40 days).

A overstay of more than 90 days will result in a ban from entering the country for one year. Rules follow.

 

[ArranP]

1 minute ago, Just Weird said:

If the the investigation is official and recorded properly you will not be subject to overstay charges as long you weren't on O/S before the confiscation of your passport as the overstay would be beyond your control.

Thank you

[ubonjoe]

2 minutes ago, Just Weird said:

If the the investigation is official and recorded properly you will not be subject to overstay charges as long you weren't on O/S before the confiscation of your passport as the overstay would be beyond your control.

That is not correct info. Many people have been fined and banned because there passport was being held by an authority.

[Just Weird]

Just now, ubonjoe said:

That is not correct info. Many people have been fined and banned because there passport was being held by an authority.

I don't believe that to be the case.  Why should they be if the overstay is beyond their control?   

[richard_smith237]

6 minutes ago, Just Weird said:

8 minutes ago, ubonjoe said:

That is not correct info. Many people have been fined and banned because there passport was being held by an authority.

I don't believe that to be the case.  Why should they be if the overstay is beyond their control?   

You are making the mistake of applying common sense and logic where those in positions to apply any common sense or logic really don't care.

 

It is possible that while the 'Authorities' are holding someones passport in which a Visa or Visa Visa exempt stamp expires they can apply for some sort of extension. 

 

The Op will have to ask whoever is holding his passport about this. He may be able to contact immigration and ask them.

 

It's a sticky situation, but one he needs to sort out ASAP. The Best option is to have money and someone ready for a flight direct to his country of passport, so that when he is released and potentially arrested and locked up again for overstaying his time is minimized before flying out. 

Edited September 17, 2018 by richard_smith237

[ubonjoe]

8 minutes ago, Just Weird said:

I don't believe that to be the case.  Why should they be if the overstay is beyond their control?  

How would it be out of their control?

They could make arrangements to get an extension at immigration.

If person is involved in court case there is even extensions allowed for that reason.

[Just Weird]

Just now, ubonjoe said:

How would it be out of their control?

They could make arrangements to get an extension at immigration.

If person is involved in court case there is even extensions allowed for that reason.

It would be out of his control if he was not on overstay before the passport was retained.  How can he get an extension in his passport if the police have confiscated his passport?

[ubonjoe]

2 minutes ago, Just Weird said:

How can he get an extension in his passport if the police have confiscated his passport?

By the police taking his passport to immigration so that he can apply for it. It has been done.

[FritsSikkink]

21 minutes ago, ubonjoe said:

You will be fined 500 baht a day up to a maximum of 20,000 baht (40 days).

A overstay of more than 90 days will result in a ban from entering the country for one year. Rules follow.

 

If he already was on overstay before the incident, I don't think the surrendered part would count but the other one.  

[ubonjoe]

1 minute ago, FritsSikkink said:

If he already was on overstay before the incident, I don't think the surrendered part would count but the other one.  

Why?

If he got his passport back he could then leave the country and clear the overstay on departure from the country.

[FritsSikkink]

1 minute ago, ubonjoe said:

Why?

If he got his passport back he could then leave the country and clear the overstay on departure from the country.

Or they could arrest him for being on overstay when he picks up his passport.

Edited September 17, 2018 by FritsSikkink

[Just Weird]

5 minutes ago, ubonjoe said:

By the police taking his passport to immigration so that he can apply for it. It has been done.

So, out of his control, then.

[anon789561]

7 minutes ago, FritsSikkink said:

Or they could arrest him for being on overstay when he picks up his passport.

if they saw his visa had expired when they took the passport i am sure he would have been detained and it seems he is not so i assume it's expired after. i think best the OP gets down to his local BiB and speak to them about it straight away

[taotoo]

43 minutes ago, ubonjoe said:

How would it be out of their control?

They could make arrangements to get an extension at immigration.

My passport was once with a government department in the process of getting an extension. The department was in the middle of moving location, and my passport got held up as a result. Due to this I overstayed and they fined me, then 5 minutes later granted me a 1 year extension!

[richard_smith237]

34 minutes ago, Just Weird said:

40 minutes ago, ubonjoe said:

By the police taking his passport to immigration so that he can apply for it. It has been done.

So, out of his control, then.

Technically you are correct... In the same manner that when you order food in a restaurant what is put in front of out is 'out of your control'.... but when applying a readable approach and not getting caught up in the semantics of 'control' it becomes pretty obvious that the Op can take measures to resolve this potential issue. 

 

So, the Op can impact what happens..... He can discuss this with the Police who are holding his passport, he can take measures or at least make some effort to ensuring he does not have an overstay. 

 

What is 100% within his control is doing nothing about it and ensuring that he will have a problem.

[Just Weird]

4 minutes ago, richard_smith237 said:

Technically you are correct... In the same manner that when you order food in a restaurant what is put in front of out is 'out of your control'.... but when applying a readable approach and not getting caught up in the semantics of 'control' it becomes pretty obvious that the Op can take measures to resolve this potential issue. 

 

So, the Op can impact what happens..... He can discuss this with the Police who are holding his passport, he can take measures or at least make some effort to ensuring he does not have an overstay. 

 

What is 100% within his control is doing nothing about it and ensuring that he will have a problem.

Not just "technically" and in no way is his situation similar to your restaurant analogy. 

 

If he does not have access to his passport he cannot "ensure that he does not have an overstay" that he is responsible for.

[JackThompson]

The police are not going to check the OP's passport's permitted-stay date, and initiate an extension on his behalf. 

Immigration in the future are not going to say, "Oh well, we see now that you had a court date, so will forgive your not applying for an extension in the past." 

It would be nice if either of the above 2 scenarios were realistic, but they aren't.  The OP must actively pursue obtaining an extension based on an ongoing court-case. 

[Ks45672]

I was in bedridden in hospital after an accident years ago 

The doctor told me not to worry she will write a letter to show to immigration 

They had zero interest in the letter and gave me 2 choices, pay 20,000 or go to jail 

Had to pay and go back to hospital again

 

[The manic]

Some hospitals have a special visa section. In your case perhaps the letter was to be used to get a visa extension on medical grounds before it expired.

[FritsSikkink]

5 minutes ago, Ks45672 said:

I was in bedridden in hospital after an accident years ago 

The doctor told me not to worry she will write a letter to show to immigration 

They had zero interest in the letter and gave me 2 choices, pay 20,000 or go to jail 

Had to pay and go back to hospital again

 

A letter after the fact won't do anything, the hospital can help you getting an extension before your stay expires though.

[Ks45672]

Just now, The manic said:

Some hospitals have a special visa section. In your case perhaps the letter was to be used to get a visa extension on medical grounds before it expired.

No, they just didn't care about anything except the money

[The manic]

1 hour ago, Just Weird said:

I don't believe that to be the case.  Why should they be if the overstay is beyond their control?   

What you believe is irrelevant. The law is the law.

[The manic]

1 minute ago, Ks45672 said:

No, they just didn't care about anything except the money

That was not my experience when in hospital and requiring a visa extension. However, I did not become an overstayer. The hospital had a visa section which helped facilitate an extension. Anyway, presumably the important thing is you got better after successful treatment and did not get imprisoned or deported. 

[richard_smith237]

24 minutes ago, Just Weird said:

Not just "technically" and in no way is his situation similar to your restaurant analogy. 

 

If he does not have access to his passport he cannot "ensure that he does not have an overstay" that he is responsible for.

The Op has access to the people holding his passport...   Thus he has some measure of control over what happens to his visa status. 

 

By informing them that his Visa is soon to expire (or better still, having a lawyer do it) the BiB will / may have apply for an extension on his behalf of whatever happens. 

 

Thus, doing nothing and simply waiting, thinking he has no control is a sure fire way to ensure he trips up. 

 

The Op has a measure of control and can 'do what he can' to prevent an overstay issue. But by doing nothing the Op certainly ensures he will overstay. 

 

The Op is responsible for the outcome either way. 

 

 

 

 

[stud858]

2 hours ago, Just Weird said:

If the the investigation is official and recorded properly you will not be subject to overstay charges as long you weren't on O/S before the confiscation of your passport as the overstay would be beyond your control.

I don't think it works like that. Even if you been held hostage by terrorists the officers will still fine you imo.

[Just Weird]

42 minutes ago, Ks45672 said:

I was in bedridden in hospital after an accident years ago 

The doctor told me not to worry she will write a letter to show to immigration 

They had zero interest in the letter and gave me 2 choices, pay 20,000 or go to jail 

Had to pay and go back to hospital again

 

I was in the same situation with a ruptured appendix and got a medical extension. 

 

What you should have done was get the documentation from Immigration and sent it with the doctors letter to apply for an extension due to your being hospitalized.  If it's done the correct way before you're on overstay they would have interest.  You can't just turn up at Immigration with B20,000 worth of overstay and a doctors letter and expect to be exempted from the fine!   The fact that you were there in person and had to "go back to hospital again" indicates that you weren't bedridden.