Passport Seized Overstay

[Just Weird]

41 minutes ago, The manic said:

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

I said that is what I believe because I believe that is the law, not hat I believe it should be!

 

Because he was not responsible for his overstay due to a police case I believe the law says that he is not liable for the fine.

[Hogs]

2 hours ago, ArranP said:

Thank you

WRONG 

You will and are on overstay and will be fined 500 per day up to 20,000 you may also be reported to immigration by the Police for being on overstay at that point you will be arrested and taken to immigration center for deportation.

expect to pay way more than the 20K if that happens 

[Hogs]

2 minutes ago, Just Weird said:

I said that is what I believe because I believe that is the law, not hat I believe it should be!

 

Because he was not responsible for his overstay due to a police case I believe the law says that he is not liable for the fine.

You are WRONG 

 

[Just Weird]

6 minutes ago, Hogs said:

You are WRONG 

Rarely, but if you say so, I suppose I must be.  Hahahaha...

 

Why are you shouting, does that make you right?

Edited September 17, 2018 by Just Weird

[Just Weird]

23 minutes ago, stud858 said:

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

Thank god for your bizarre opinion, that's sorted it out.

Edited September 17, 2018 by Just Weird

[krabi local]

You need to go to the court and get a paper explaining you are undergoing an investigation or on bail.

You then take this to the Immigration and they give you a 2 week extension (1900฿).

If the court date is extended beyond the 14 days you go back to court, get the paper again then back to immigration and they will give you a month extension.

Next time they give 3 months but you need the paper from the court and your bail form.

[AGareth2]

3 minutes ago, krabi local said:

You need to go to the court and get a paper explaining you are undergoing an investigation or on bail.

You then take this to the Immigration and they give you a 2 week extension (1900฿).

If the court date is extended beyond the 14 days you go back to court, get the paper again then back to immigration and they will give you a month extension.

Next time they give 3 months but you need the paper from the court and your bail form.

makes sense

[Ks45672]

33 minutes ago, Just Weird said:

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.

At the time I was in the icu in a coma so yes (bedridden) , close to dead, full of morphine and not too worried about visa tbh.... ?

It was  months later I discharged myself against medical advice and tried to go sort out the visa with a letter from one of the Drs who did the surgeries that kept me alive 

 

 

 

[dutchinlondon]

Best advice to give is to contact your embassy. normally they cant hold your passport without a provincial court order.

[Suradit69]

3 hours ago, Just Weird said:

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

If he isn't incarcerated, why would he be unable to go to an immigration office to explain the situation?  The passport may be out of his control but he could at least report to immigrations. Presumably he has some paperwork/receipt from the police.

[Suradit69]

34 minutes ago, dutchinlondon said:

Best advice to give is to contact your embassy. normally they cant hold your passport without a provincial court order.

No embassy is going to do more than notify next of kin or refer the person to a lawyer even if the citizen is arrested unless there is some supposed flagrant violation of rights. Embassies don't intervene in police matters or matters pending adjudication. 

 

As stated for US citizens, and undoubtedly the same holds true for other foreigners and their embassies:

 

Quote

U.S. consular officers provide a wide variety of services to U.S. citizens arrested abroad and their families; however, they cannot interfere in the Thai judicial process.

 

[seancbk]

4 hours ago, ubonjoe said:

4 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.

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

 

Isn't there a special extension available from Immigration for people who are involved in situations like this where they have to remain in Thailand to face legal issues?

[ubonjoe]

3 minutes ago, seancbk said:

 

Isn't there a special extension available from Immigration for people who are involved in situations like this where they have to remain in Thailand to face legal issues?

Yes there is. I mentioned that in an earlier post.

[helloagain]

4 hours ago, MJKT2014 said:

Yes.

Get the police to pay it, its their fault afterall 555555

[micmichd]

4 hours 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.

 

Since there's an ongoing investigation they took the passport as bail. If he pleads guilty he might get away with a small fine (less than the overstay fine) 

I would contact a lawyer for plea-bargaining. 

[Tchooptip]

4 hours ago, ubonjoe said:

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

Should any police personnel take/confiscate my passport the first thing I would do for sure would be rushing to an immigration office telling them and explaning why I have no passport with me any more. 

[BKK4]

UbonJoe is correct. Subject to overstay fines and blacklisting according to the rules. Case visa (extension actually) needs to be gotten. 

[thurien]

55 minutes ago, Tchooptip said:

Should any police personnel take/confiscate my passport the first thing I would do for sure would be rushing to an immigration office telling them and explaning why I have no passport with me any more. 

 

those who made you minus your passport will heftily hinder you to rush anywhere...

[BestB]

4 hours 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.

What you think in this case makes no difference at all.

 

what actually happens does .

 

police and immigration do not work hand in hand.

 

there are no provisions in immigration act to cater for those who’s passport being held by police .

 

i was in similar situation, but was smart enough to negotiate passport release to extend visa.

 

I was late by 1 day and immigration was ready to arrest me.

 

They also confirmed not reporting every 90 days or visa expired due to police matters do not relate to them and actions will be taken as per act.

[4MyEgo]

5 hours ago, ArranP said:

Thank you

You would want to get a letter from the police that they had your passport from day 1 until day whatever you got it back, but good luck getting immigration to waive the 500 baht fine per day, I mean would they be capable of such a task, if willing, but your just a farang, and it's all about the money, money, money, also watch out for the 40 days, because after that you will be banned on reentry as Joe posted a few posts back.

[Scouse123]

6 hours ago, ArranP said:

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

 

You need to go to the police and be proactive.

 

Explain this incident has moved you into overstay and you need this cleared with immigration so that your status remains unaffected and that you are not subject to any bans. Only Immigration can clear this. Do not allow local police to fob you off.

 

If you are not a Thai speaker, go to the police station with one and explain your predicament or even a lawyer, if you have engaged one due to this incident.

 

But if you use your brain, under no circumstances let it slide or wait for the Thai police to take the initiative in returning your passport, because they won't and they don't.

 

Unless there is an active court case, I do not know why they are holding your passport.

[CharlieH]

A post advocating an illegal action has been removed.

 

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You also agree not to post negative comments criticizing the legal proceedings or judgments of any Thai court of law.

[jgarbo]

6 hours 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.

 

Thankfully, a man who knows the rules. Why can no other person find this information? Lazy? Stupid? Both?

[bangkoken]

Hire an attorney to go with you to the Police immediately to make sure that you are on record relative to the overstay. Great people with immigration issues are The Kingdom Law group co.Ltd., they did a great job for me and my wife.

[moe666]

7 hours 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.

You are making up things to reenforce your own beliefs,you are not considering the factof Thai law. Facts will always beat down I think it should be this way.

[BestB]

2 hours ago, Scouse123 said:

 

You need to go to the police and be proactive.

 

Explain this incident has moved you into overstay and you need this cleared with immigration so that your status remains unaffected and that you are not subject to any bans. Only Immigration can clear this. Do not allow local police to fob you off.

 

If you are not a Thai speaker, go to the police station with one and explain your predicament or even a lawyer, if you have engaged one due to this incident.

 

But if you use your brain, under no circumstances let it slide or wait for the Thai police to take the initiative in returning your passport, because they won't and they don't.

 

Unless there is an active court case, I do not know why they are holding your passport.

All depends what is happening with OP. Thai legal system works in a funny way.

 

I was in this kind of situation, had to go to court, court made a ruling, i had to pay bond and check back with court every week for 6 weeks. While this was happening, police held on to my passport.

 

Once i did my "time" court released me from any obligations and provided court paper, saying all complete.

 

Police still refused to return passport, i went back to court, court advised police has no reason to hold your passport BUT court can not do anything about that., but i can fill out a complaint form in police station

 

Went back to police, captain who was holding my passport, advised that matter is not finished yet and he is sending the case to prosecutors office for further actions.

 

Weird? you could say, considering i had already been to court and matter was closed,

 

So he supposedly sent the case to prosecutors office  and i have not heard anything from anyone since.

 

Each time i needed my passport to renew visa, captain gave it back to me providing i left a human deposit, ie person to stay in police station until i returned,

 

After having to borrow passport 5-6 times, he did not ask for human deposit and i do not know if forgot or whatever the reason, passport stayed with me.

[Ks45672]

11 minutes ago, BestB said:

All depends what is happening with OP. Thai legal system works in a funny way.

 

I was in this kind of situation, had to go to court, court made a ruling, i had to pay bond and check back with court every week for 6 weeks. While this was happening, police held on to my passport.

 

Once i did my "time" court released me from any obligations and provided court paper, saying all complete.

 

Police still refused to return passport, i went back to court, court advised police has no reason to hold your passport BUT court can not do anything about that., but i can fill out a complaint form in police station

 

Went back to police, captain who was holding my passport, advised that matter is not finished yet and he is sending the case to prosecutors office for further actions.

 

Weird? you could say, considering i had already been to court and matter was closed,

 

So he supposedly sent the case to prosecutors office  and i have not heard anything from anyone since.

 

Each time i needed my passport to renew visa, captain gave it back to me providing i left a human deposit, ie person to stay in police station until i returned,

 

After having to borrow passport 5-6 times, he did not ask for human deposit and i do not know if forgot or whatever the reason, passport stayed with me.

Human deposit lol 

Barfine a ladyboy and leave her there... ? 

[imcagr]

9 hours ago, Just Weird said:

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?

 

So we are clearly explaining you that you are wrong, but you keep arguing ? For which reason ? At the end you will still be wrong !

 

 

[imcagr]

40 minutes ago, BestB said:

All depends what is happening with OP. Thai legal system works in a funny way.

 

I was in this kind of situation, had to go to court, court made a ruling, i had to pay bond and check back with court every week for 6 weeks. While this was happening, police held on to my passport.

 

Once i did my "time" court released me from any obligations and provided court paper, saying all complete.

 

Police still refused to return passport, i went back to court, court advised police has no reason to hold your passport BUT court can not do anything about that., but i can fill out a complaint form in police station

 

Went back to police, captain who was holding my passport, advised that matter is not finished yet and he is sending the case to prosecutors office for further actions.

 

Weird? you could say, considering i had already been to court and matter was closed,

 

So he supposedly sent the case to prosecutors office  and i have not heard anything from anyone since.

 

Each time i needed my passport to renew visa, captain gave it back to me providing i left a human deposit, ie person to stay in police station until i returned,

 

After having to borrow passport 5-6 times, he did not ask for human deposit and i do not know if forgot or whatever the reason, passport stayed with me.

 

 

Sorry but did you do something so bad that they wanted to F your life or you just met the worst MTF at the cops kennel ?!

 

And then they just gave up and didn't make more problems ?

 

So crazy that this kind of things can happen. If caught for anything I will try to hide my passport as long as possible, and only after being sure that they won't let me go for a brown enveloppe, I will give them my passport. What is the worst that can happen if I don't give my passport, they will keep me in a cell until I give it ?

 

 

 

 

 

 

 

 

[BestB]

Just now, imcagr said:

 

 

Sorry but did you do something so bad that they wanted to F your life or you just met the worst MTF at the cops kennel ?!

 

And then they just gave up and didn't make more problems ?

 

So crazy that this kind of things can happen. If caught for anything I will try to hide my passport as long as possible, and only after being sure that they won't let me go for a brown enveloppe, I will give them my passport. What is the worst that can happen if I don't give my passport, they will keep me in a cell until I give it ?

 

 

 

 

 

 

 

 

Actually no, cops were very nice, so was the court This is just how Thai legal system works

I have no idea what happens if you hide passport, but i am guessing would be sitting in the cells until either you die or they find it, as without your passport they can not proceed to file any charges or take you to court or deport you, so cells it is