Elite Visa after overstay

[MZsolt]

Hi All,

 

its anybody who overstayed in the past and after applied for Thailand Elite Visa? If yes - success, or it was denied?

 

Thanks.

[ukrules]

You're asking the wrong question. Apparently they only recently changed the rules regarding overstays within the last 3 years.

 

I have an Elite visa and also have a couple of overstays but they are from many years ago. I had no problem getting my 5 year visa 5 years ago in 2014.

[steven100]

Overstay of visa is considered illegal in Thailand and most countries.

Immigration computer systems monitor overstayers and if you have recently been shown to have overstayed it will likely show up on the immigration data base.

[Brunolem]

The rule is now that with more than 1 overstay, the Elite visa is denied. 

[dcnx]

20 hours ago, steven100 said:

Overstay of visa is considered illegal in Thailand and most countries.

Immigration computer systems monitor overstayers and if you have recently been shown to have overstayed it will likely show up on the immigration data base.

It doesn’t.

[Ebumbu]

I think your money is the overriding consideration, as long as you're not a serial abuser. Smiles all around. 

[iaminwa]

I recently got a Thai Elite Visa - I have never overstayed whilst living in Thailand.

 

I was however, asked at least 3 times by 3 different Thailand Elite Staff during the sign-up procedure if I had ever overstayed - you get the feeling it is an issue now.

 

As for them allowing 1 x Overstay on your record I would not know about that.

 

 

[BritTim]

I have seen at least one post that implies overstays from before 2015 do not count. Can anyone confirm this?

[NoshowJones]

1 hour ago, Brunolem said:

The rule is now that with more than 1 overstay, the Elite visa is denied. 

You mean the government will refuse 500.000 Bt or whatever when they don't have to give back anything in return?

[ukrules]

2 hours ago, BritTim said:

I have seen at least one post that implies overstays from before 2015 do not count. Can anyone confirm this?

I read somewhere that it refers to overstays within the last 3 years but I can't find where I read it.

 

Someone posted something about this in another thread elswhere on this forum, from memory they emailed TE directly and asked about it and the reply came back saying that they're checking for overstays within the last 3 years. I don't remember anything about just one overstay being tolerated, I thought it was no overstays.

 

[Lovethailandelite]

2 hours ago, possum1931 said:

You mean the government will refuse 500.000 Bt or whatever when they don't have to give back anything in return?

That is not how it works. TE will ask you regarding any overstay or other previous immigration related issues you may have had in the past. They will also advise you that Immigration may not issue the visa when you arrive to have it affixed. You can stop the application there and then. If you choose to ignore the advice, you will lose your money if immigration refuse to issue the visa, the same way as some Embassy's will not refund you.
People like to think overstay isn't a big problem. It has started to become one with TE and Penang not issuing visas with any overstay. Once online application has started you will see just how much of a problem overstay has become. Wait until April and with the UK and France going too full online application. Try overstaying in the UK and US and attempt more entry's. It won't happen if you overstay. Thailand is simply catching up.

[Lovethailandelite]

From the FAQ regarding anybody ALREADY on overstay and regarding anybody on PAST overstay.

https://www.thailandelite-direct.com/faqs
 

No, an individual is not eligible to acquire a Thailand Elite Residence Program privilege entry visa in this case. The individual is required to leave the country if they are overstaying on their current entry.

Any applicant who has more than one overstaying record will not be eligible to apply for the Thailand Elite Residence Program. Regardless of whether an approval letter has been issued, any member with a record of overstaying more than once will be rejected at the immigration office when they arrive to have their privilege entry visa affixed.

[Caldera]

4 minutes ago, Lovethailandelite said:

From the FAQ regarding anybody ALREADY on overstay and regarding anybody on PAST overstay.

https://www.thailandelite-direct.com/faqs
 

No, an individual is not eligible to acquire a Thailand Elite Residence Program privilege entry visa in this case. The individual is required to leave the country if they are overstaying on their current entry.

Any applicant who has more than one overstaying record will not be eligible to apply for the Thailand Elite Residence Program. Regardless of whether an approval letter has been issued, any member with a record of overstaying more than once will be rejected at the immigration office when they arrive to have their privilege entry visa affixed.

Sounds excessive if their check goes back "forever", not just three years as mentioned elsewhere. Up to a few years ago, it was not that uncommon that people overstayed a few days every now and again (more than once). Often even following advice given by immigration officers who said something along the lines of two days overstay being cheaper than an extension.

[Lovethailandelite]

12 minutes ago, Caldera said:

Sounds excessive if their check goes back "forever", not just three years as mentioned elsewhere. Up to a few years ago, it was not that uncommon that people overstayed a few days every now and again (more than once). Often even following advice given by immigration officers who said something along the lines of two days overstay being cheaper than an extension.

It has nothing to do with 3 years. There is no time period mentioned when your asked 'Have you ever had overstay'? Your overstays and complete immigration history going back years and years are sitting on the immigration database.
If you have ever had overstay, it may come back at you sometime in the future for a whole host of reasons if and when they decide too look at it. You simply cannot hide anything anymore from immigration.

[lamyai3]

45 minutes ago, Lovethailandelite said:

TE will ask you regarding any overstay or other previous immigration related issues you may have had in the past. They will also advise you that Immigration may not issue the visa when you arrive to have it affixed. You can stop the application there and then. If you choose to ignore the advice, you will lose your money if immigration refuse to issue the visa, the same way as some Embassy's will not refund you.

That's astonishing. So you're invited to gamble $16000 on a visa that they may refuse to issue, and they keep the money? What an ungodly scam! 

[Lovethailandelite]

9 minutes ago, lamyai3 said:

That's astonishing. So you're invited to gamble $16000 on a visa that they may refuse to issue, and they keep the money? What an ungodly scam! 

How is it a scam? You file the application and answer the questions, you then have further opportunity to come clean and take the advice given in writing before you pay your money. It's very much your own fault and problem if you either choose not too reveal your history or decline the advice given. Nobody as far as I am aware has ever been declined that has nothing to hide or been truthful in there application. 
Company reports stated that 2017/18 saw 1600 applications refused outright at application stage.

[4evermaat]

1 minute ago, Lovethailandelite said:

......
Company reports stated that 2017/18 saw 1600 applications refused outright at application stage.

 

Can you elaborate more on the common refusal reasons?

[Caldera]

20 minutes ago, Lovethailandelite said:

It has nothing to do with 3 years. There is no time period mentioned when your asked 'Have you ever had overstay'? Your overstays and complete immigration history going back years and years are sitting on the immigration database.
If you have ever had overstay, it may come back at you sometime in the future for a whole host of reasons if and when they decide too look at it. You simply cannot hide anything anymore from immigration.

Well you shouldn't lie about it and considering that they do have a database, then the question remains, why can't they check it when they do their prescreening, before the applicant pays? Why would they check it only when affixing the visa sticker and then refuse to do that?

[lamyai3]

3 minutes ago, Lovethailandelite said:

How is it a scam?

How is it not a scam? The architects behind this ludicrously expensive visa must have split their sides laughing when they added the no refund clause. 

[Lovethailandelite]

10 minutes ago, lamyai3 said:

How is it not a scam? The architects behind this ludicrously expensive visa must have split their sides laughing when they added the no refund clause. 

There is a way around it, don't lie on the application or decline the advice and waste peoples time with an application that will fail at immigration stage

[Lovethailandelite]

16 minutes ago, Caldera said:

Well you shouldn't lie about it and considering that they do have a database, then the question remains, why can't they check it when they do their prescreening, before the applicant pays? Why would they check it only when affixing the visa sticker and then refuse to do that?

TE has no access to immigration records or indeed see every page of your passport or previous passports at application stage. You don't pay until you have been accepted on the information you have given them. If people choose not too reveal what they are being asked, then I guess, accept the problem when it arises.

[Lovethailandelite]

20 minutes ago, 4evermaat said:

 

Can you elaborate more on the common refusal reasons?

No because the reasons weren't given. Only the amount of new memberships, the profit and loss accounts and simple figure of 1600 denials of the visa.

[lamyai3]

Just now, Lovethailandelite said:

There is a way around it, don't lie on the application or decline the advice and waste peoples time with an application that will fail at immigration stage

What's wrong with them returning the money in the event of rejecting the application? They seem to have designed the rules after some dodgy back room poker game. Next thing I'll be reading that if you lied about more than three offences, they'll send the thugs round to break both your legs. 

[Lovethailandelite]

Just now, lamyai3 said:

What's wrong with them returning the money in the event of rejecting the application? They seem to have designed the rules after some dodgy back room poker game. Next thing I'll be reading that if you lied about more than three offences, they'll send the thugs round to break both your legs. 

I guess the same thing that's wrong with Embassy's issuing a visa and then voiding it in order not to give the visa fee back? Peoples time and workload isn't free

[lamyai3]

Just now, Lovethailandelite said:

I guess the same thing that's wrong with Embassy's issuing a visa and then voiding it in order not to give the visa fee back? Peoples time and workload isn't free

That's also a scam, it typifies the emboldened sharp practices of Thai embassies and immigration in recent times. However the visas in question are $40 SETVs - the Elite is 40,000% more expensive! It's not unreasonable to ask for an admin fee if an application is rejected, but you can't seriously be trying to condone them pocketing $16,000 in exchange for no visa? 

[Lovethailandelite]

Just now, lamyai3 said:

That's also a scam, it typifies the emboldened sharp practices of Thai embassies and immigration in recent times. However the visas in question are $40 SETVs - the Elite is 40,000% more expensive! It's not unreasonable to ask for an admin fee if an application is rejected, but you can't seriously be trying to condone them pocketing $16,000 in exchange for no visa? 

I am not condoning anything. If you are truthful with your answers, you qualify for the visa with no issues. Any problems will be of your own making regarding overstay and or trying to circumvent the system etc.
Moral of the story, don't overstay and lie on the application. Plus if your advised by TE that Immigration may not issue the visa, stop the application there and then before you pay your money. 

[Caldera]

34 minutes ago, Lovethailandelite said:

I am not condoning anything. If you are truthful with your answers, you qualify for the visa with no issues. Any problems will be of your own making regarding overstay and or trying to circumvent the system etc.
Moral of the story, don't overstay and lie on the application. Plus if your advised by TE that Immigration may not issue the visa, stop the application there and then before you pay your money. 

I might have misunderstood the process, but I have been under the impression that TE need to get pre-approval from immigration before accepting a new member. That's what I meant, there and then they could check your history and give you a definitive answer based on that and your application.

[Lovethailandelite]

Just now, Caldera said:

I might have misunderstood the process, but I have been under the impression that TE need to get pre-approval from immigration before accepting a new member. That's what I meant, there and then they could check your history and give you a definitive answer based on that and your application.

Unfortunately, until your passport is in front of the Immigration officer, like everything, you can only be advised on the information you have provided to TE.

[LongTang]

43 minutes ago, Lovethailandelite said:

I am not condoning anything. If you are truthful with your answers, you qualify for the visa with no issues. Any problems will be of your own making regarding overstay and or trying to circumvent the system etc.
Moral of the story, don't overstay and lie on the application. Plus if your advised by TE that Immigration may not issue the visa, stop the application there and then before you pay your money. 

Its not necessarily a matter of truthfulness, people who are interested in the TE visa usually have a very long history of visits to the country over many many years. i myself actually think that i never overstayed, but if a million bath is at stake then i will be more then happy if immigration will make sure that i never indeed overstated by a day or two before i pay (especially as immigration is already doing a background check before approving or denying the application).

 

Why not make the overstay check part of the overall background check they are already doing, what is the logic here?

 

 

 

 

 

 

[BritTim]

1 hour ago, Lovethailandelite said:

1 hour ago, Caldera said:

I might have misunderstood the process, but I have been under the impression that TE need to get pre-approval from immigration before accepting a new member. That's what I meant, there and then they could check your history and give you a definitive answer based on that and your application.

Unfortunately, until your passport is in front of the Immigration officer, like everything, you can only be advised on the information you have provided to TE.

I do not find this a good explanation. Immigration does not check for overstays by looking at your current passport. Their decision is based on your history within immigration's computer system. As @Caldera says, it takes them only a minute or two to review that record. The only time that might not be the case is if the information in your application is insufficient to identify you in immigration's system (perhaps, you misspelled your name or gave an incorrect date of birth) not a common circumstance. I believe part of your application should be the date of your most recent travel to Thailand. If immigration cannot then find your record, they should refuse the application with the explanation that they cannot find your record (in which case, the application could be renewed with corrections).

 

I believe a refund, minus some processing fee, ought to be automatic if, having reviewed your record in immigration's system, officials refuse you a visa.