Hello,

 

A friend who has a work permit got an overstay stamp because he reported late his 90 days report of address.

He asked the immigration staff if it wasn't a mistake as it wasn't an overstay but the immigration staff told him it was indeed an overstay to not report your address every 90 days in time.

 

This happened in Jomtien.

 

Is this the new rule ? Whoever doesn't do the 90 days report in time gets an overstay stamp ?

Please post photo of stamp

( with name etc blanked )

Sounds more like a stamp for fine for late reporting or maybe TM30/28 problem.

I deleted the photo but it was an overstay stamp.

I deleted the photo but it was an overstay stamp.

No it wasn't

16 minutes ago, JohnnyBKK said:

I deleted the photo but it was an overstay stamp.

I'm still trying to figure out overstay when he's obviously on an extension.

Confused I am.

Has he been arrested, sent to IDC or what?

Edited January 12, 20197 yr by overherebc

Some offices stamp the passport to confirm a late 90 day report and the fine paid.

 

It was not an overstay stay stamp. You only get an overstay stamp for overstaying your permission to stay. Reporting your address late (90 day report) is not overstaying your permission to stay.

5 hours ago, JohnnyBKK said:

I deleted the photo but it was an overstay stamp.

If it really is an overstay stamp your friend simply needs to return to immigration and ask to speak to a supervisor, we all make mistakes.

 

By the way, it's not difficult to un-delete photos (or even un-format drives).

 

He had his passport checked by his lawyer and the lawyer confirmed it was written overstay in thai. He just paid a fine and was let go.

How long did he "overstay" by? How much was the fine?

 

Does the stamp look something like this:-

 

 

3 hours ago, Crossy said:

How long did he "overstay" by? How much was the fine?

Does the stamp look something like this:-

 

Or this actual overstay stamp.

 

On 1/16/2019 at 5:19 AM, Crossy said:

How long did he "overstay" by? How much was the fine?

 

Does the stamp look something like this:-

 

 

It had the 90 days mentioned like that one, but the stamp was a bit different than that one. He took it to his lawyer that said it was an overstay stamp. Immigration officer also told him the same thing.

13 minutes ago, JohnnyBKK said:

It had the 90 days mentioned like that one, but the stamp was a bit different than that one. He took it to his lawyer that said it was an overstay stamp. Immigration officer also told him the same thing.

Right, so post a picture of the stamp. Surely you or your friend can snap a pic of it.

I got the same stamp when I was late on a 90 day report.  (I had just gotten a new annual extension 2 weeks earlier, and mistakenly believed that served as a 90 day report.  Live and learn- you have to leave the country to reset the 90 day clock unless you do a 90 day report).

 

It was very specifically referred to as an "overstay" stamp by the next airline I flew, and by the Immigration Officer the next time I got stamped out of Thailand.

 

Technically, it may not be the same stamp I'd get for an actual overstay, but there sure is a lot of confusion...  And let's face it.   Regardless of what the people here on TVF want to call it, when an IO refers to it as an overstay stamp, that's what it is.

 

Edited January 21, 20197 yr by impulse

2 hours ago, impulse said:

I got the same stamp when I was late on a 90 day report.  (I had just gotten a new annual extension 2 weeks earlier, and mistakenly believed that served as a 90 day report.  Live and learn- you have to leave the country to reset the 90 day clock unless you do a 90 day report).

 

I don't get it.

If you thought that the extension had reset your 90 day clock, why were you doing a 90 day report 2 weeks later?

 

btw, I was under the impression that an annual extension does reset the clock. at least it would seem logical.

4 minutes ago, arithai12 said:

I don't get it.

If you thought that the extension had reset your 90 day clock, why were you doing a 90 day report 2 weeks later?

 

btw, I was under the impression that an annual extension does reset the clock. at least it would seem logical.

 

Logic didn't figure into it.  At least not the logic I am accustomed to...

 

I did the 90 day report because the lady at my employment agency snapped to the fact that I hadn't done one and offered to go with me to the One Stop clean it up (same lady who had taken me for my extension 2 weeks earlier).  

 

I don't claim to know any answers.  I just know what happened to me.

 

I don't get it.
If you thought that the extension had reset your 90 day clock, why were you doing a 90 day report 2 weeks later?
 
btw, I was under the impression that an annual extension does reset the clock. at least it would seem logical.

It doesn't. I got fined because I thought the extension would reset. They were only several days apart and the IO didn't say anything about it, just gave me the extension stamp.

5 hours ago, arithai12 said:

I don't get it.

If you thought that the extension had reset your 90 day clock, why were you doing a 90 day report 2 weeks later?

 

btw, I was under the impression that an annual extension does reset the clock. at least it would seem logical.

The first extension counts as a 90 day report, subsequent extensions do not.

 

Sophon

57 minutes ago, Sophon said:

The first extension counts as a 90 day report, subsequent extensions do not.

I don't understand it. I understand if you stay for 90-day in Thailand under any visa/extension (except smart visa) you have to do a 90-day report. How does it relate to your extension, visa exemption, or type of visa?

3 hours ago, onera1961 said:

I don't understand it. I understand if you stay for 90-day in Thailand under any visa/extension (except smart visa) you have to do a 90-day report. How does it relate to your extension, visa exemption, or type of visa?

Most entries from a visa do not allow you to stay longer than 90 consecutive days which is when a report is due. 

Whey you apply for an extension that would allow you to stay longer than 90 days in the country the first application for one is considered as a 90 day report. Then the first report is due 90 days from the date you do the application.

Anyway, we have now another report of someone who got an overstay stamp because of the 90 days report.

17 minutes ago, JohnnyBKK said:

Anyway, we have now another report of someone who got an overstay stamp because of the 90 days report.

Are you claiming that, for example, if I fail to do my 90 day report in January, and happened to go to immigration in May, I could get a 'more than 90 day' overstay, and be deported and banned from returning for 1 year? Despite having a permit  to stay until the end of the year!!!

I struggle with that.

29 minutes ago, JohnnyBKK said:

Anyway, we have now another report of someone who got an overstay stamp because of the 90 days report.

Not really. It is some incorrect wording of what was is meant. Perhaps a reversal of the two words. It is could be staying over 90 days in reality.

Many Immigration Officers have limited vocabulary and syntax when using English. They are often dealing with other nationalities who don't have English as a first language. So a sort of pidgin develops in which certain terms become known and understood. Thais also have a penchant for shorter terms in English.

 

Since stamping passports following the fining of a foreigner for late 90-day reporting is new, a colloquial term may not have been coined yet. Thus the IO defaults to the nearest equivalent, 'overstay', which it is not. This may be the source of the confusion.

 

The important thing is to try to understand what the consequences of having such a stamp in one's passport are.

Agree with Briggsy. 

Thais call all extensions visas so why not call failure to report on time overstay. 

29 minutes ago, PoorSucker said:

Agree with Briggsy. 

Thais call all extensions visas so why not call failure to report on time overstay. 

Or overfine. ????????????

On ‎1‎/‎13‎/‎2019 at 12:29 AM, JohnnyBKK said:

I deleted the photo but it was an overstay stamp.

Easy way around that, get "your friend" to send you the photo again!

16 hours ago, JohnnyBKK said:

It had the 90 days mentioned like that one, but the stamp was a bit different than that one. He took it to his lawyer that said it was an overstay stamp. Immigration officer also told him the same thing.

"It had the 90 days mentioned..."

It could only be a late 90-day report stamp, then.  Overstay stamps make no mention of what would be an irrelevant 90-day situation.

 

"...his lawyer that said it was an overstay stamp".

His lawyer was wrong, if he was still within his 'permission to stay' period it was not an overstay.

 

"Immigration officer also told him the same thing".

So he's had to do a new extension, then, yes?

2 hours ago, JohnnyBKK said:

Anyway, we have now another report of someone who got an overstay stamp because of the 90 days report.

Do we?  Where is it?

Here, in this topic, someone said he got overstay stamp too for the same reason and immigration officer called it overstay too. My friend has a work permit and he wasn't overstaying but he forgot to do the 90 days report. I actually never had any problem myself with the 90 days report, many times I forgot about it too and never had a single problem. But now I'm doing all my reports following the situation he had.

6 minutes ago, JohnnyBKK said:

Here, in this topic, someone said he got overstay stamp too for the same reason and immigration officer called it overstay too. My friend has a work permit and he wasn't overstaying but he forgot to do the 90 days report. I actually never had any problem myself with the 90 days report, many times I forgot about it too and never had a single problem. But now I'm doing all my reports following the situation he had.

That somebody calls it that in a foreign language doesn't mean it actually is an overstay, just a fine for late reporting.