Strange unintentional overstay situation - 3 day overstay but no fine?

[lmxcredt]

I was flying out of Suvarnabhumi in April and the check in lady alerted me to my 3 day overstay and informed me I would have to get some cash to pay the fine. This surprised me as I believed I was on a 30 day stamp, but alas, I had only been given half of that on entry. I didn't even think to check, as I presumed I would get the standard 30 being a British citizen. (Immigration history prior to this was 2 x 30 day exemptions, one in July 2018 and one in November 2018). The immigration officer on entry into Thailand did not inform me he had not given me the standard 30. But I admit, I should have checked.

 

Anyway, on exit, I was fully expecting to pay the fine and had the cash. But, the immigration officer just looked at my passport briefly, stamped me out and waved me through. No fine.

 

Has this ever happened before? I have literally never seen an instance of this happening and cannot find a single forum topic on it. So I am thinking, is it possible that I was recorded as on a 30 day stamp in the system hence it was not flagged to the immigration officer? Was the 15 day stamp in my passport simply wrong? Furthermore, if I was not fined or given an overstay stamp, is there any record of it in their system if it was indeed a legitimate overstay?

 

At this point I don't even know if I technically overstayed, and therefore feel in a bit of a limbo as I would never ever let this happen. It was a complete accident. I don't want it to affect future applications as my girlfriend is thai. I dont even mind if I did overstay, but I want to know so that I can be honest about it if I am ever questioned about it in the future.

 

Thanks for your help.

 

 

 

[Matzzon]

No, it hasn´t hasn´t been happening before.

[Seth1a2a]

38 minutes ago, lmxcredt said:

The immigration officer on entry into Thailand did not inform me he had not given me the standard 30.

Until the experts get here I can only help you speculate on this.  It seems that if you are entitled to the 30 days based on your country of origin, the Immigration officer might have realized the previous officers' rookie mistake and just sent you on your way.  If an eagle eyed officer happens to check this out on another visit , "you overstay before" . You should be able to bluff the argument that you were not charged because they realized it was their error for not giving you the full 30 days in the first place.  Beyond that you should be good to go.  

 

 

  

[observer90210]

What is the latest trend on the amount/quota of annual Visa Exempt Entries one can do with arrivals by Air at BKK Airport ?

Edited July 1, 2019 by observer90210

[lmxcredt]

20 minutes ago, Seth1a2a said:

Until the experts get here I can only help you speculate on this.  It seems that if you are entitled to the 30 days based on your country of origin, the Immigration officer might have realized the previous officers' rookie mistake and just sent you on your way.  If an eagle eyed officer happens to check this out on another visit , "you overstay before" . You should be able to bluff the argument that you were not charged because they realized it was their error for not giving you the full 30 days in the first place.  Beyond that you should be good to go.  

 

 

  

 

Cheers for your input. Potentially correct, however it happened pretty quickly and I am not sure if he had that much time to ponder. I wonder if he did not see the "permitted until" date on the entry stamp, which makes me wonder why these things are not flagged in the system? Is the fact you entered on a 30 day stamp not input into the system on arrival? I am not sure.

 

I am sure its all fine, it was only 3 days, but I just dislike feeling like I cheated the system somewhere. Almost feel like I should have mentioned it to him myself and volunteered to pay the fine. Then at least I could have got it resolved there and then.

[lmxcredt]

12 minutes ago, observer90210 said:

What is the latest trend on the amount/quota of annual Visa Exempt Entries one can do with arrivals by Air at BKK Airport ?

 

Unsure, I have heard 6 within a year but its all just rumours. I had one in July 2018 (only stayed about 10 days) and then one in November 2018 (stayed 27 out of 30 days). No border runs or anything like that, all quick trips from UK to Thailand and back via air. Therefore I am unsure why the immigration officer on arrival would not just give me a third 30 day stamp. This leads me to think maybe it is just a case of an incorrect stamp, but who knows.

[PingRoundTheWorld]

13 minutes ago, observer90210 said:

What is the latest trend on the amount/quota of annual Visa Exempt Entries one can do with arrivals by Air at BKK Airport ?

There is no official quota or rule. There are rumors about people getting flagged in the computer after 6 exempt entries but I'm not sure if it's within a calendar year, 12 months, or another duration. Personally I never had problems until mid-2018 when my passport was full of Thailand stamps - so either I broke the unofficial "quota" or they just didn't like the way the passport looked - I changed passports (dual nationality) and got a METV, and they stopped asking questions.

[elviajero]

1 hour ago, lmxcredt said:

Anyway, on exit, I was fully expecting to pay the fine and had the cash. But, the immigration officer just looked at my passport briefly, stamped me out and waved me through. No fine.

 

Has this ever happened before? I have literally never seen an instance of this happening and cannot find a single forum topic on it. So I am thinking, is it possible that I was recorded as on a 30 day stamp in the system hence it was not flagged to the immigration officer? Was the 15 day stamp in my passport simply wrong? Furthermore, if I was not fined or given an overstay stamp, is there any record of it in their system if it was indeed a legitimate overstay?

It’s possible the IO missed the overstay, but it’s highly unlikely. They certainly wouldn’t have seen it and waived you through. I suspect you were misreading your permit to stay.

 

You will need to post your passport stamps to get a definitive answer.

 

An IO doesn’t have to give the full 30 days; it’s a maximum, not an automatic right. And if you were given less than 30 days you would be on overstay if you exceeded the time given even if it was less than the maximum 30.

[lamyai3]

2 hours ago, lmxcredt said:

Furthermore, if I was not fined or given an overstay stamp, is there any record of it in their system if it was indeed a legitimate overstay?

With no overstay stamp (and no real overstay in relation to the class of entry you came in on), it seems all you've got here is a stamping error which they chose to let go. Without a stamp in the passport I can't see it having any future repercussions. 

[BritTim]

No mystery here. The immigration system correctly had you on a 30-day visa exempt entry, but the official accidentally gave you an incorrect stamp in your passport. On exit, the official ignored the stamp in your passport, going by what he could see on his computer screen.

[PingRoundTheWorld]

38 minutes ago, elviajero said:

An IO doesn’t have to give the full 30 days; it’s a maximum, not an automatic right. And if you were given less than 30 days you would be on overstay if you exceeded the time given even if it was less than the maximum 30.

Again with the made up stuff. If you are stamped in with a visa exempt entry (with a passport that allows it) it is ALWAYS for 30 days. If an immigration officer stamped you in for less you can assume it's a mistake and go to immigration - they will fix it free of charge. I've had mine fixed twice because the IO ignored my visa and gave me only 30 days.

 

 

Have you heard of even a single case of an IO giving someone less than 30 days on purpose and not by mistake?

 

[jacko45k]

As a British passport holder, arriving without a Visa, you would either get 30 days or not be permitted to enter. I believe it was an error by the IO when you arrived, and the computer entry on the way out, correctly showed no overstay. 

[elviajero]

5 hours ago, PingRoundTheWorld said:

Again with the made up stuff. If you are stamped in with a visa exempt entry (with a passport that allows it) it is ALWAYS for 30 days. If an immigration officer stamped you in for less you can assume it's a mistake and go to immigration - they will fix it free of charge. I've had mine fixed twice because the IO ignored my visa and gave me only 30 days.

What’s made up? An IO can give any number of days up to 30. It’s the law, fact.

 

In 99.99% (made that umber up) of the time it is a mistake that can be changed at an immigration office. BUT until the stamp is changed the date on which you must leave by is the date by which you must leave by. And if you leave after that date you are technically on overstay unless it’s waived, which it probably would be.

 

If you are given 45 days by mistake, and leave after 45 days, they can charge you for 15 day overstay even though the IO made the mistake. 

 

Quote

Have you heard of even a single case of an IO giving someone less than 30 days on purpose and not by mistake?

It’s rare, but yes. Usually, if they limit the time, they will note the reason next to the stamp.

[Briggsy]

4 minutes ago, elviajero said:

What’s made up? An IO can give any number of days up to 30. It’s the law, fact.

????

[elviajero]

20 minutes ago, Briggsy said:

25 minutes ago, elviajero said:

What’s made up? An IO can give any number of days up to 30. It’s the law, fact.

 ????

Immigration Act - Section 35 : The Director General or the competent official deputized by the Director General shall have the authority to permit the alien, who entered to stay temporarily in the Kingdom under Section 34, to remain in the Kingdom under any prescribed conditions. The periods of time which one is authorized to stay in the Kingdom are as Follows :
1. Not exceeding 30 days for a case under Section 34 (4) , (8) and ( 9 )
2. Not exceeding 90 days for a case under Section 34 (3)

 

MFA 

8. On the other hand, the period of stay is granted by an immigration officer upon arrival at the port of entry and in accordance with the type of visa.  For example, the period of stay for a transit visa is not exceeding 30 days, for a tourist visa is not exceeding 60 days and for a non-immigrant visa is not exceeding 90 days from the arrival date.  The period of stay granted by the immigration officer is displayed on the arrival stamp.

 

They MAXIMUM (“not exceeding”) immigration can let someone stay that enters for tourism is 90 days. The authorities, under the visa system (“prescribed conditions”), currently limit the initial stay using VE to 30 days and TR holders to 60 days.

 

Nowhere does it say you are guaranteed 30 or 60 days. The IO can give any number of days as long as they don’t exceed 90 overall or the limit imposed by the visa status.

 

[xtrnuno41]

Maybe this happened to me as well in 2016. I thought i was in limits of tourist visa.

When leaving, i was 1 day late and they fined me for that, 500 baht. THey said.

I never checked coming in and i thought i was in time limit for tourist visa.

I had checked it when going to Thailand and thought it was ok. OK payed and let it be, probably i made mistake.

However maybe they stamped it wrong. Now im even wondering on purpose?

Could there be a scam going on? Corruption? As this happened in Phuket.

Just put your stamp one day before the 30 days end?! Well i dont know, but i will inspect it more.  

I see your story now, so could be, TIT. Tough you didnt had to pay.

Last time it went well, but i sure will now check everything double. And sure check the stamp coming in,

if its right on what i suspect it would be. As i dont need this shit too.   

[Jumbo1968]

I was 1 day over stay in March, I was taken too the side, overstay stamped in my Passport but no fine, I guess the OP was just lucky.

[stevenl]

34 minutes ago, xtrnuno41 said:

Maybe this happened to me as well in 2016. I thought i was in limits of tourist visa.

When leaving, i was 1 day late and they fined me for that, 500 baht. THey said.

I never checked coming in and i thought i was in time limit for tourist visa.

I had checked it when going to Thailand and thought it was ok. OK payed and let it be, probably i made mistake.

However maybe they stamped it wrong. Now im even wondering on purpose?

Could there be a scam going on? Corruption? As this happened in Phuket.

Just put your stamp one day before the 30 days end?! Well i dont know, but i will inspect it more.  

I see your story now, so could be, TIT. Tough you didnt had to pay.

Last time it went well, but i sure will now check everything double. And sure check the stamp coming in,

if its right on what i suspect it would be. As i dont need this shit too.   

Don't forget that your arrival day is day one.

[Briggsy]

38 minutes ago, Jumbo1968 said:

I was 1 day over stay in March, I was taken too the side, overstay stamped in my Passport but no fine, I guess the OP was just lucky.

OP was not lucky. No luck involved. It was a stamping error. IO had used the 15-day stamp not the 30-day stamp. The OP was not on overstay. That is why he received no overstay stamp nor any fine. The check-in staff that told him he was on overstay did not realise this nor is he/she trained to know this. The Immigration staff saw straight away it was a stamping error.

[MadMuhammad]

12 hours ago, lmxcredt said:

 

Unsure, I have heard 6 within a year but its all just rumours. I had one in July 2018 (only stayed about 10 days) and then one in November 2018 (stayed 27 out of 30 days). No border runs or anything like that, all quick trips from UK to Thailand and back via air. Therefore I am unsure why the immigration officer on arrival would not just give me a third 30 day stamp. This leads me to think maybe it is just a case of an incorrect stamp, but who knows.

I had 8 in 2016, 2 of those full 30 days, 1 extended. Never questioned 

[TGIR]

Why all this blather about a potential 3 day overstay?  There is so much traffic about what's right, what's not right, getting letters for the 65K deposits.........I cannot begin to keep up with it or understand it all.

 

If I didn't have enough to put in the 800K next year when my time comes I think I would start looking for somewhere else to live!  I'm not exactly looking forward to it now.

 

Why does the money have to come from a foreign account?  We're selling a rental house and will have more than enough cash in the bank to get the 800K from there......is that going to be allowed?   Will I have to actually begin the deposit with money brought from home (the U.S.)?

 

I am getting way to old for all this shit!

 

[ericthai]

3 hours ago, Jumbo1968 said:

I was 1 day over stay in March, I was taken too the side, overstay stamped in my Passport but no fine, I guess the OP was just lucky.

Typically at the airport the dont charge for the 1st day overstay.

[ubonjoe]

6 minutes ago, ericthai said:

Typically at the airport the dont charge for the 1st day overstay.

Only at the airports in Bangkok. The others charge for one day of overstay.

[ericthai]

3 hours ago, ubonjoe said:

Only at the airports in Bangkok. The others charge for one day of overstay.

Thanks for the correction!

[lmxcredt]

On 7/1/2019 at 11:37 PM, elviajero said:

It’s possible the IO missed the overstay, but it’s highly unlikely. They certainly wouldn’t have seen it and waived you through. I suspect you were misreading your permit to stay.

 

You will need to post your passport stamps to get a definitive answer.

 

An IO doesn’t have to give the full 30 days; it’s a maximum, not an automatic right. And if you were given less than 30 days you would be on overstay if you exceeded the time given even if it was less than the maximum 30. 

 

Sorry for the slow response to this. Please see my stamps below. There is no overstay stamp anywhere else on the page. This is all.

 

 

[lmxcredt]

On 7/1/2019 at 11:55 PM, BritTim said:

No mystery here. The immigration system correctly had you on a 30-day visa exempt entry, but the official accidentally gave you an incorrect stamp in your passport. On exit, the official ignored the stamp in your passport, going by what he could see on his computer screen. 

 

Hoping you are right here! Thanks for the repsonse. I have just never heard reports of this happening to anyone so I was curious whether this is how it would be handled on their end. Been looking for posts regarding multiple day overstay and no fine for a while and came up blank. I think to avoid further issues I will get a clean passport as I don't want my home embassy to see it and query it.

[Briggsy]

Yes, as I said earlier, it was not an overstay, it was a stamping error. The IO picked up his 15-day stamp and not his 30-day stamp when you entered on 30 March. Since it was not an overstay, you had no negative outcome, no overstay stamp and no fine. The check-in girl was wrong.

[lmxcredt]

3 minutes ago, Briggsy said:

Yes, as I said earlier, it was not an overstay, it was a stamping error. The IO picked up his 15-day stamp and not his 30-day stamp when you entered on 30 March. Since it was not an overstay, you had no negative outcome, no overstay stamp and no fine. The check-in girl was wrong. 

 

Yeah the check in girl was just trying to help, she wouldn't have known any better in this instance. Scary thing was she was initially telling me it was 5000 baht per day for overstay...but I think her English was a little rusty and she meant 500. Gave me a bit of a scare at first haha but luckily I already knew the deal.

Edited July 5, 2019 by lmxcredt

[elviajero]

3 hours ago, lmxcredt said:

 

Sorry for the slow response to this. Please see my stamps below. There is no overstay stamp anywhere else on the page. This is all.

 

 

Looks like the first IO gave you 15 days by mistake, so although you overstayed the IO spotted the error when stamping you out. You would have asked them to amend the entry stamp, but the fact that they didn’t shouldn’t cause you any problems in the future.

[BritTim]

7 hours ago, lmxcredt said:

 

Sorry for the slow response to this. Please see my stamps below. There is no overstay stamp anywhere else on the page. This is all.

 

 

It seems likely that the immigration official you encountered on entry was suffering from a hangover. He seems not only to have used the stamp for a visa on arrival (rather than a visa exempt) but to have written TR-15, implying a VOA, in the visa class. At any rate, the official when you exited sorted out the error.