Help: My son has been arrested for overstay

[jvs]

1 hour ago, FarangDoingHisThing69 said:

Also, giving advice to a criminal is against forum rules.

Wouldn't that be'giving criminal advice?'I would also think giving advice to a criminal is not against forum rules?

Maybe a case of misunderstanding?

[007 RED]

1 hour ago, FarangDoingHisThing69 said:

Also, giving advice to a criminal is against forum rules.

May I respectfully suggest that you go back and read the original post before making such observations.  The person who is seeking advice is the parent of the individual who has got himself into this overstay mess. 

 

FYI…. Giving advice to someone who as you put it is ‘a criminal, does not make it against forum rules unless that advice is intended to break the law.  So far, and in my opinion, none of the members who have offered advice to the OP have made any suggestions that could be remotely considered as breaking the law. 

 

I’m confident that if any member did give advice which was deemed to be against forum rules the moderator(s) would have been quick to remove the offending post and warn the poster.

 

May I also suggest a little less criticism and perhaps a bit more compassion for a distraught parent is called for.

Edited April 5, 2019 by 007 RED
typo

[Jim7777]

I’m really sorry to hear that about your son I would recommend calling your Consulate ASAP and inform them that it’s an emergency about your son I don’t know if they’re going to be much help but it’s a start.  Your Consulate is available 24/7 for emergencies like this I do know that if someone has been detained you can call their emergency phone number.  The United States Embassy has that available and I’m sure your Embassy does as well in fact I know they do because I just called them for you as I’m typing and they advised me to have you call them at this number immediately 02070081500.  Or call 02-305-8333 and push 141, it’s 4 for emergencies and they do consider an arrest an emergency.  So you should call one of those two numbers right now!!!  Those numbers are for the British Embassy which I believe is yours they said it was if your son is a UK National.  So if I were you I’d call them now, again it’s 02070081500 or call 02-305-8333 and push 141, it’s 4 for emergencies.  

 

As far as penalties I’m not sure if he’s facing jail time I don’t believe so but ask this guy Ubonjoe he’ll know everything you need to know about that.  Honestly Joe can advise you but you really need to call your Consulate immediately I called them and got the numbers for you posted above.  I think the worst thing that’s probably going to happen is that he’ll probably be blacklisted from Thailand for I believe 10 years if I remember the law right which I’m sure is probably the least of your concern right now you just want your son back home.  He’ll at least remain in Immigration Detention until he can be deported or transportation to his home country can be arranged.  Oh and I think he will probably owe a fine at least before they put him on the plane home but ask Ubonjoe about that and your Consulate.  Honestly in this situation just call your Consulate.  As soon as you have spoken to your Consulate and taken their advice you’ll probably want to help him arrange airfare back home as soon as possible so that he spends as little time as possible in Detention.  

 

I don’t know but from what I understand and have heard Immigration Detention isn’t at all like a Thai prison.  I’ve heard that it’s not horrible but I don’t know where he’s being held obviously.  More than likely in Immigration Detention which I’ve heard isn’t too horrible but I’m not sure, obviously you want him out of there and home as soon as possible regardless.  As a parent I can’t imagine how worried you must be but I’m pretty sure that Immigration Detention isn’t to bad if that’s indeed where he’s being held.  So it’s not like he’s in a real Thai prison or anything like that.  More than likely he’s just in Immigration Detention of course I could be wrong I’m not familiar with how that works especially after a 4 year overstay.  

 

It’s possible that he might even have his cell phone with him if he’s indeed in Immigration Detention.  I’ve seen reports of people in Immigration Detention before online that were allowed to keep their cell phones and I saw one where a guy took a picture of the Detention room and posted it online and it didn’t look bad at all it actually looked really decent of course like I said I don’t know where your son is being held hopefully in one of the nicer Detention rooms but I don’t know.  I’m just making an educated guess based on what I’ve learned after living here legally for almost 5 years.  So I’m probably right but I can’t say 100% for sure.  

 

Just get in touch with your Consulate now and try and have them put you in touch with him and get the ball rolling on getting him home as soon as possible.  Again call 02070081500 or call 02-305-8333 and push 141, it’s 4 for emergencies for British Nationals.  I’m not sure how you would dial that phone number from the UK but I’m sure you can figure that out.  I hope that helps and good luck getting your son home.  He’ll be okay try not to stress out too much.  

Edited April 5, 2019 by Jim7777

[Jim7777]

3 hours ago, 007 RED said:

OP…. I’m sorry to hear that your son has caused you a parental heartache and I hope that I can give you some information which will help you.

 

In your original post you did not mention how your son came to be in Immigration custody.  This can be important as it will have a bearing on how his case will be handled.  There are two possibilities, namely:

 

Firstly: 

If your son was arrested or stopped by the police for an unrelated immigration offence, (for example a routine police check following an accident or something more serious) the police may well have asked to see his passport and discovered that he was on overstay, and hence immigration’s involvement.

 

If he has committed an unrelated immigration offence, then that matter will need to be dealt with first by the local police and Court.  Depending what the offence was, your son could be detained in the local police cells until an initial Court appearance which is normally within a week.  Depending upon the nature of the offence, it is possible also that he may be released on bail, but he will have to surrender his passport to the Court and stay at a specified address and report to police on a regular basis until the case is formally heard.

For your information, it can take several weeks before an offence is normally tried in Court.

 

The Court will also be informed of his overstay and that matter may also be dealt with by the Court at the same time as any other offence.

 

For your information, although the fine for overstay is set at 500 THB (approximately £12) per day, the maximum fine that can be levied is 20,000 THB (approximately £494).  The Courts, however, generally reduce the overstay fine to around 3,000 to 6,000 THB.

 

Once the offence matter has been dealt with by the Court, and your son has paid any fines (or served any prison sentence) imposed by the Court, Immigration will detain your son and transfer him to the Immigration Detention Centre (IDC) in Bangkok to await deportation.  This transfer may take several days to arrange during which time he will be detained in a local police cell, or local Immigration facility.

 

Secondly:  

 

If your son was stopped by Immigration in a ‘spot check’, and they discovered that he was on four years overstay, they (Immigration) have the power to detain and deport him from the Kingdom without the need for any Court appearance.  Immigration can also charge him the maximum fine for overstay (20,000 THB) and this will need to be paid before he is deported. 

 

If he has not committed any other offences, he will be transported to the IDC in Bangkok to await deportation.  Transfer, as mentioned above, may take several days to arrange.

 

The police/immigration should notify the Consular Section of British Embassy in Bangkok that your son has been detained, where he is being held and the reason for the detention.  Unfortunately, this can often take several days to happen.  An Embassy representative will contact your son and inform him what assistance the Embassy can, or cannot, give.  See link below

 

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/451352/Thailand_Prisoners_pack_template_-_Final_Draft_for_publishing.pdf

 

Not wishing to frighten you, but the Immigration Detention Centre in Bangkok is everyone’s worst nightmare.  Conditions there are about as bad as they can get.  So, getting him out of IDC must be a number one priority.

 

I would strongly recommend that you contact the Consular Section at the British Embassy in Bangkok, their contact details are given in the link I’ve attached above and listen to their advice.  They deal with similar problems on a daily basis and are in the best position to give you advice. 

 

The Embassy will not pay for his flight out of the Kingdom.  However, you can send the Embassy money which they in turn will deposit in an account for him which will be held by the IDC.  The Embassy will make a charge for this service. 

 

Your son will not be allowed any personal possessions or physical money whilst in the IDC, but he can debit his account held by IDC in order to pay for better food, drinking water, mattress or other essentials etc. which he can request the guards to obtain for him.  He will also need funds available to pay for his flight out of the Kingdom.

 

Regarding his flight, again the Embassy staff will best advise you on this matter.  Generally speaking, Immigration will want the deportee to be flow back to their home country by a single carrier, without stops, whenever possible.  This should not be a problem as there are several carriers that fly direct between Bangkok and the UK.

 

I strongly advise that you, or his friends, do not purchase a ticket for him without talking to Immigration first as Immigration need to approve the flight before a booking is confirmed so that they can arrange transport from the IDC to the airport.  This can take a couple of days to arrange. 

 

It has been reported that when family or friends have obtained a ticket without Immigration approval the individual was not transported to the airport in time to catch the flight and as a result the airline considers it to be a ‘no show’, which means no refund and having to purchase another expensive ticket.

 

You need to be aware that a single ticket from Bangkok to the UK, booked at relatively short notice e.g. a couple of days, will be expensive – single fares tend to be 2/3rd the cost of a normal return flight and the short notice booking inevitably attracts a higher premium charge.

 

Once a flight has been approved and booked, Immigration will transport your son from the IDC in Bangkok to the airport.  At the airport your son will be taken to the airport detention facility until his flight is ready to board.  His passport will be given to the flight crew and this will be returned to him when he exits the plane in the UK.

 

For your information…  Your son will be banned from entering Thailand for the next 10 years.  This may present him with a problem if he has property and bank accounts here, but that is the least of his problems for now.  Get him out of IDC ASAP.

 

I hope this information has been helpful and best of luck.

Really I’ve heard that IDC wasn’t actually that bad I hope I didn’t advise him incorrectly but I at least provided him with the emergency phone numbers for the British Embassy.  I called the British Embassy for him and they said that he should call this number: 02070081500, or he can call 02-305-8333 and push 141, it’s 4 for emergencies for British Nationals.  He should call ASAP.  

[sawadee1947]

Actually you can't do anything but wait. 

I suppose your son is old enough to manage his life by himself. 

For paying fines aso I recommend to set up a fund raising,  very popular here on TV for people who get into contact with Thai law or ran out of money 

[Jim7777]

5 minutes ago, sawadee1947 said:

Actually you can't do anything but wait. 

I suppose your son is old enough to manage his life by himself. 

For paying fines aso I recommend to set up a fund raising,  very popular here on TV for people who get into contact with Thai law or ran out of money 

He needs to at least call the emergency phone number for the British Embassy immediately, call this number: 02070081500, or he can call 02-305-8333 and push 141, it’s 4 for emergencies for British Nationals.  He should call ASAP.  

 

 

[Jim7777]

18 hours ago, bazzer said:

Many thanks your reply, as I am based in uk, what ways would I have to pay fine, he was arrested in Hua Hin, would he be held there or have to appear in court somewhere else 

 

Hopefully you’ve already figured this out but I called the British Embassy for you and they told me that you should immediately call this number: 02070081500, or call 02-305-8333 and push 141, it’s 4 for emergencies for British Nationals.  You should call ASAP.  This is the emergency contact number for the British Embassy regarding British Nationals who have been detained.  I see this thread is 19 hours old so hopefully you have already figured this out on your own by now if not here it is I hope it helps good luck with your son.  

 

The British Embassy should at least be able to guide you through the process so definitely call them immediately if you have not done so already.  I’ve even given you the direct emergency phone number they said specifically to call call this number: 02070081500 ASAP for detained British Nationals.  I’m not sure how you dial it from the UK but I’m sure you can figure that out.  Again good luck.  

 

 

•  

 

 

•  

Edited April 5, 2019 by Jim7777

[SheungWan]

If the son has a smartphone and is operational then the parent should be able to communicate with him at least via email to ascertain what's what. Assuming parent has son's email address and vice-versa.

[rumak]

2 hours ago, 007 RED said:

  4 hours ago, FarangDoingHisThing69 said:

Also, giving advice to a criminal is against forum rules.

May I also suggest a little less criticism and perhaps a bit more compassion for a distraught parent is called for.

 

and shortening your user name would also be a plus.   maybe just a*****e 69

[007 RED]

47 minutes ago, Jim7777 said:

I don’t know but from what I understand and have heard Immigration Detention isn’t at all like a Thai prison.  I’ve heard that it’s not horrible but I don’t know where he’s being held obviously.  More than likely in Immigration Detention which I’ve heard isn’t too horrible but I’m not sure, obviously you want him out of there and home as soon as possible regardless.  As a parent I can’t imagine how worried you must be but I’m pretty sure that Immigration Detention isn’t to bad if that’s indeed where he’s being held.  So it’s not like he’s in a real Thai prison or anything like that.  More than likely he’s just in Immigration Detention of course I could be wrong I’m not familiar with how that works especially after a 4 year overstay.  

 

It’s possible that he might even have his cell phone with him if he’s indeed in Immigration Detention.  I’ve seen reports of people in Immigration Detention before online that were allowed to keep their cell phones and I saw one where a guy took a picture of the Detention room and posted it online and it didn’t look bad at all it actually looked really decent of course like I said I don’t know where your son is being held hopefully in one of the nicer Detention rooms but I don’t know.  

Sorry Jim7777 but the picture that you have of the IDC in Bangkok could not be further from the truth.  It is more that your worse nightmare and somewhere that frankly you would not wish your worse enemy to be incarcerated.

 

Detainees are packed 30 to 40 in a small room which has an open squat toilet at one end. There is a ceiling fan, but no air conditioning in the room.  Detainees sleep on the bare floor in head to toe formation next to one another with little or no room to move.  The smell in the detention rooms is overpowering.  There are communal showers and detainees are allowed one per day. Food is basic to say but the least and tends to comprise rice plus a soup twice a day.  Medical facilities are extremely basic and if the detainee requires any medication they will have to pay for them.  Detainees are not allowed any personal possessions whilst in the IDC e.g. mobile phones or money etc.  Visitors are only allowed by appointment and then the visitor and detainee are separated in an open yard by two fences approximately a meter apart - no privacy. 

 

The photos that you referred to in your post are most likely the temporary detention facility at the airport and these are quite different from the main IDC in Bangkok.  Detainees at the airport are only there for a short time (maybe overnight) and they are allowed to retain their personal possessions (except passport). 

 

It has been reported that there are individuals that have been detained in the IDC for several years because they have no recourse to funds to get them back to their home country.

 

This is why I suggest  in my original post 21 that the OP's first priority must be to get their son out of IDC ASAP.

[Jim7777]

7 minutes ago, rumak said:

May I also suggest a little less criticism and perhaps a bit more compassion for a distraught parent is called for.

 

and shortening your user name would also be a plus.   maybe just a*****e 69

Exactly thank you!  

[JustAnotherHun]

6 minutes ago, Jim7777 said:

 

OP again call this number: 02070081500, or call 02-305-8333 and push 141, it’s 4 for emergencies for British Nationals.
 

 

•  

If this is the number of the British embassy in Thailand please call:

+66 2070081500 or +66 23058333

[Jim7777]

6 minutes ago, 007 RED said:

Sorry Jim7777 but the picture that you have of the IDC in Bangkok could not be further from the truth.  It is more that your worse nightmare and somewhere that frankly you would not wish your worse enemy to be incarcerated.

 

Detainees are packed 30 to 40 in a small room which has an open squat toilet at one end. There is a ceiling fan, but no air conditioning in the room.  Detainees sleep on the bare floor in head to toe formation next to one another with little or no room to move.  The smell in the detention rooms is overpowering.  There are communal showers and detainees are allowed one per day. Food is basic to say but the least and tends to comprise rice plus a soup twice a day.  Medical facilities are extremely basic and if the detainee requires any medication they will have to pay for them.  Detainees are not allowed any personal possessions whilst in the IDC e.g. mobile phones or money etc.  Visitors are only allowed by appointment and then the visitor and detainee are separated in an open yard by two fences approximately a meter apart - no privacy. 

 

The photos that you referred to in your post are most likely the temporary detention facility at the airport and these are quite different from the main IDC in Bangkok.  Detainees at the airport are only there for a short time (maybe overnight) and they are allowed to retain their personal possessions (except passport). 

 

It has been reported that there are individuals that have been detained in the IDC for several years because they have no recourse to funds to get them back to their home country.

 

This is why I suggest  in my original post 21 that the OP's first priority must be to get their son out of IDC ASAP.

Yeah like I said above I don’t know for sure about that I’ve never been in IDC before but I have seen reports posted online.  I don’t know maybe some of them are different maybe they have different facilities.  I don’t know about IDC like I said above except for reports I’ve read and what I’ve heard.  

 

Regardless OP again call this number: 02070081500, or call 02-305-8333 and push 141, it’s 4 for emergencies for British Nationals.  You should call ASAP.  This is for the British Embassy for emergencies like your son’s.  And getting detained is considered an emergency by the Embassies including yours.  I called them for you and I even asked them myself earlier.  YOU CAN CALL THEM 24/7, I just called them myself earlier and I asked them for you.  You can call these numbers after hours 24 hours a day and they will have a person answer the phone who can at least tell you what to do and guide you.  

 

Again good luck and I’m sorry about some of the insensitive replies you are getting from some of these people everyone on this forum always seems to have an opinion helpful or not.  Just call the numbers I gave you for the British Embassy immediately if you have not already done so.  They are the ones who can help you the most as far as guidance at least.  

[steven100]

With respect to your son's predicament. I don't really consider this an emergency as such.

Overstayers get placed in IDC every day of the week. Dozens of UK, Aussie, US foreigners are placed there because of overstay. Contact the embassy,  let them handle it which probably won't be as fast as you'd like but i am one hundred percent sure they have seen this before.

They will act and assist as necessary .... they will contact you as necessary.

good luck.

[Jim7777]

17 minutes ago, JustAnotherHun said:

If this is the number of the British embassy in Thailand please call:

+66 2070081500 or +66 23058333

Yes it is but remember he’s a parent calling from the UK, I don’t know how you dial it from the UK but I’m sure he can figure it out.  If you know go ahead and let the OP know how to call it from the UK, I’m sure the OP is probably pretty stressed right now understandably.  

[Jim7777]

57 minutes ago, SheungWan said:

If the son has a smartphone and is operational then the parent should be able to communicate with him at least via email to ascertain what's what. Assuming parent has son's email address and vice-versa.

Yes I’ve read reports about people who were actually posting FROM INSIDE THE IDC facility with their smartphones.  I don’t know much about IDC except for what I’ve read online and heard but he still might possibly have his phone in there.  

 

OP again just so you don’t lose this information in all of the chatter call this number: 02070081500, or call 02-305-8333 and push 141, it’s 4 for emergencies for British Nationals.  You should call ASAP.  This is for the British Embassy for emergencies like your son’s.  And getting detained is considered an emergency by the Embassies including yours.  I called them for you and I even asked them myself earlier.  YOU CAN CALL THEM 24/7, I just called them myself earlier and I asked them for you.  You can call these numbers after hours 24 hours a day and they will have a person answer the phone who can at least tell you what to do and guide you.  

 

I’ve never dealt with a situation like this before so I’m sorry I can’t tell you how everything will go exactly.  I do know that once your son is finally back home he probably won’t be coming back to Thailand again anytime soon because he’ll probably be blacklisted for I believe 10 years for a 4 year overstay.  But again I don’t know the process the best thing you can do is call the British Embassy phone numbers that I got for you and let them the expert professionals guide you through the process.  

 

Again good luck and I’m sorry about some of the insensitive replies you are getting from some of these people everyone on this forum always seems to have an opinion helpful or not.  Just call the numbers I gave you for the British Embassy immediately if you have not already done so.  They are the ones who can help you the most as far as guidance at least.  

 

 

Edited April 5, 2019 by Jim7777

[JustAnotherHun]

42 minutes ago, Jim7777 said:

Yes it is but remember he’s a parent calling from the UK, I don’t know how you dial it from the UK but I’m sure he can figure it out.  If you know go ahead and let the OP know how to call it from the UK, I’m sure the OP is probably pretty stressed right now understandably.  

To dial Thailand from everywhere outside it's "+66" and delete the first "0" of the number.

[Jim7777]

22 minutes ago, JustAnotherHun said:

To dial Thailand from everywhere outside it's "+66" and delete the first "0" of the number.

Yes that’s right but I just don’t know how you dial out overseas from the UK.  In the States it’s 001 66 and the rest of what you said it’s probably a little different in the UK.  But if he has a problem he can always dial the operator and ask for help.  Oh and by the way the British Embassy said that if he calls the 02070081500 phone number then it’s a free overseas call.  If I remember right that’s what she told me at the British Embassy when I called and asked earlier.  I believe it’s also the direct line for UK citizens that have been detained here.  Or he can call 02-305-8333 and push 141, it’s 4 for emergencies.  

[Jim7777]

31 minutes ago, JustAnotherHun said:

To dial Thailand from everywhere outside it's "+66" and delete the first "0" of the number.

This thread is about 20 hours old so hopefully he’s figured that out by now on his own but if not it’s on here for him.  

[bazzer]

8 hours ago, spoon1967 said:

I hope he gets it all sorted, but 4 years on overstay is quite foolish.

Unfortunately, as mentioned he'll get a 10 year ban, sad if he has made some sort of life in Thailand.

 

Good luck and I hope he gets home soon.

Thanks

 

[BTB1977]

Know a guy in Hua Hin got picked up a year ago. Took about 6 weeks to get it all sorted out.  And than back to the UK he went. I sent him a calendar for his birthday. Hope he learns how to use it 

[bazzer]

8 hours ago, scorecard said:

I'm lost, is the son a UK or a Canadian citizen?

u.k resident, what is the option if no funds are available.

 

[bazzer]

My son is a U,K. Resident, would happen if there were no funds available to pay fine and flights.

Edited April 5, 2019 by bazzer
typo

[ericthai]

11 minutes ago, bazzer said:

My son is a U,K. Resident, would happen if there were no funds available to pay fine and flights.

He will remain in IDC until he has the funds.  

[BritTim]

15 minutes ago, bazzer said:

My son is a U,K. Resident, would happen if there were no funds available to pay fine and flights.

The fines decay (I believe at the rate of 200 baht per day) and will eventually not need to be paid. If there is no money for flights (and some miscellaneous expenses) he will remain in the IDC. There are non profits who occasionally help the indigent in the IDC get back to their home countries. However, if lucky enough to be helped, it is likely to be after several years. Most people after several years in the IDC without funds will be suffering from serious health problems.

 

[As an aside, the detention room at the airport used for those denied entry is nothing like the main Immigration Detention Centre, or similar regional IDCs.]

[elviajero]

59 minutes ago, bazzer said:

My son is a U,K. Resident, would happen if there were no funds available to pay fine and flights.

If he can’t pay the court fine he can be put in prison until he pays. And remain in the IDC indefinitely until he can fly out.

Edited April 5, 2019 by elviajero

[Patong2]

1 hour ago, bazzer said:

My son is a U,K. Resident, would happen if there were no funds available to pay fine and flights.

Hope it turns out good as it can for you.

Terrible position to be in as a parent.

 

Keep us posted as to how it goes if you can

[sotonowl]

3 hours ago, bazzer said:

My son is a U,K. Resident, would happen if there were no funds available to pay fine and flights.

Not that old chestnut. Get your hand in your pocket and help him out, you're dealing with Thailand now not the UK. He'll stay in nick until you find the money.

[gk10002000]

A question on when one person buys a ticket for another person.  EVA air for example demands to see the credit card used to purchase the ticket when I board.  How does somebody in this kid's situation get a ticket that the airline will accept if it is bought by somebody else?

[gk10002000]

7 hours ago, 007 RED said:

Sorry Jim7777 but the picture that you have of the IDC in Bangkok could not be further from the truth.  It is more that your worse nightmare and somewhere that frankly you would not wish your worse enemy to be incarcerated.

 

Detainees are packed 30 to 40 in a small room which has an open squat toilet at one end. There is a ceiling fan, but no air conditioning in the room.  Detainees sleep on the bare floor in head to toe formation next to one another with little or no room to move.  The smell in the detention rooms is overpowering.  There are communal showers and detainees are allowed one per day. Food is basic to say but the least and tends to comprise rice plus a soup twice a day.  Medical facilities are extremely basic and if the detainee requires any medication they will have to pay for them.  Detainees are not allowed any personal possessions whilst in the IDC e.g. mobile phones or money etc.  Visitors are only allowed by appointment and then the visitor and detainee are separated in an open yard by two fences approximately a meter apart - no privacy. 

 

The photos that you referred to in your post are most likely the temporary detention facility at the airport and these are quite different from the main IDC in Bangkok.  Detainees at the airport are only there for a short time (maybe overnight) and they are allowed to retain their personal possessions (except passport). 

 

It has been reported that there are individuals that have been detained in the IDC for several years because they have no recourse to funds to get them back to their home country.

 

This is why I suggest  in my original post 21 that the OP's first priority must be to get their son out of IDC ASAP.

So how do detainees make calls or contact if their phones are not with them?