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Passport Seized Overstay


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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

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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?

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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.

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

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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

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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.

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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. 

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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. 

 

 

 

 

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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.

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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.

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