Overstay Mistake Options

[Nevalern]

Hi all, Second post in my 1st day. This related to my other. I have been in thailand for nearly 4 years. The first 2 1/2 years on a spousal visa ( wife and baby) and then switched to a retirement visa through an agent. The retirement was done on the 4th June 2018 for 12 months. Stamp shows this application date and the expiry red stamp also shows. My passport expired in Mar 2019 and I had to get a new one. I assumed the visa carried on to new passport. I went  in to extend in late May and was told I was on overstay and to leave the country. I tried to explain the stamp shows different but she didn't want to listen. There is a red smudge  above the visible date of 4 Jun 2019 Due to a marriage breakdown and a child involved i didnt get out of the country in time. Is there somewhere I can appeal and plead my case. I am worried about my daughter if I am kicked out for 1 year. I had the money to pay the fine but was scared of leaving in case they blacklisted me. Thanks

[elviajero]

When you received the retirement extension it should have been until your passport expired in Mar 19. They don’t issue a full 12 months if the passport is expiring within 12 months.

 

You could try appealing if the permission to stay stamp says Jun 19. If you do appeal I would suggest you use an immigration lawyer.

Edited August 5, 2019 by elviajero

[fishtank]

You would only have been given a retirement extension until March.

[Nevalern]

So effectively I am overstay 120+ days and must hand myself in and cop the one year ban. Regardless of family...

[fishtank]

2 minutes ago, Nevalern said:

So effectively I am overstay 120+ days and must hand myself in and cop the one year ban. Regardless of family...

Yep. Unless you can somehow appeal it.

[elviajero]

23 minutes ago, Nevalern said:

So effectively I am overstay 120+ days and must hand myself in and cop the one year ban. Regardless of family...

If you’re going to appeal you should consult a lawyer before doing anything.

 

If you’re going to take the ban you should surrender (hand yourself in) at the airport. You will be allowed to leave as long as you pay the 20K overstay. If you surrender at an immigration office there’s no telling what they will do, which could include arrest, detention and prosecution through the court.

Edited August 5, 2019 by elviajero

[Nevalern]

22 minutes ago, elviajero said:

When you received the retirement extension it should have been until your passport expired in Mar 19. They don’t issue a full 12 months if the passport is expiring within 12 months.

 

You could try appealing if the permission to stay stamp says Jun 19. If you do appeal I would suggest you use an immigration lawyer.

There is a red smudge but didn't think much of it. The agent who no longer answers at the time said it was 12 months. I paid him the fee and he told me it was this price because it was 12 mths.

 

[Nevalern]

5 minutes ago, elviajero said:

If you’re going to appeal you should consult a lawyer before doing anything.

 

If you’re going to take the ban you should surrender (hand yourself in) at the airport. You will be allowed to leave as long as you pay the 20K overstay. If you surrender at an immigration office there’s no telling what they will do which could include arrest, detention and prosecution through the court.

Thank you, and why didn't they detain me when I went in to extend?

[Huayrat]

Goodluck pretty shit if you get a year ban away from your family.. move to cambodia for a year and take them with you.

[elviajero]

10 minutes ago, Nevalern said:

Thank you, and why didn't they detain me when I went in to extend?

It’s not automatic that you would be detained.

[elviajero]

13 minutes ago, Nevalern said:

There is a red smudge but didn't think much of it. The agent who no longer answers at the time said it was 12 months. I paid him the fee and he told me it was this price because it was 12 mths.

 

No idea what the red smudge would be. They would simply give you permission to stay until March. 

 

Post a picture of your extension permit and someone might be able to make sense of it.

[BritTim]

2 minutes ago, Nevalern said:

Thank you, and why didn't they detain me when I went in to extend?

They were sympathetic, or the arrest and further processing would have involved them in work they were keen to avoid. Take your pick. They had discretion on whether to arrest you.

 

Apparently, you did not appreciate the consequences of failing to resolve the overstay immediately. I understand it might have been difficult but, a day trip for a visa exempt entry in May (while you could still avoid a ban) needed to be a top priority. In Thailand, you can always find someone willing to take care of a child for a day.

 

There are apparently fixers around who can resolve such issues for a price if before the blacklisting is applied. Some agents would know how to contact them. An immigration lawyer might be able to help but I doubt it.

 

There was a post from someone a couple of months ago who left Thailand through U-Tapao airport with a long overstay and a similar sad story. He apparently dodged a blacklisting. If no other solution transpires, you could try that. I would not fancy your chances.

[Isaanbiker]

42 minutes ago, elviajero said:

When you received the retirement extension it should have been until your passport expired in Mar 19. They don’t issue a full 12 months if the passport is expiring within 12 months.

 

You could try appealing if the permission to stay stamp says Jun 19. If you do appeal I would suggest you use an immigration lawyer.

It can happen that the expiration date of the passport is somehow "overlooked' by an inexperienced IO. 

 

  All foreigners should ensure that their visa/ extension of stay is always in order. I've never forgotten a 90 day registration yet and hope that it stays like that.

 

  A reminder in the phone, or PC is always helpful. 

 

   

[Isaanbiker]

3 minutes ago, BritTim said:

They were sympathetic, or the arrest and further processing would have involved them in work they were keen to avoid. Take your pick. They had discretion on whether to arrest you.

 

Apparently, you did not appreciate the consequences of failing to resolve the overstay immediately. I understand it might have been difficult but, a day trip for a visa exempt entry in May (while you could still avoid a ban) needed to be a top priority. In Thailand, you can always find someone willing to take care of a child for a day.

 

There are apparently fixers around who can resolve such issues for a price if before the blacklisting is applied. Some agents would know how to contact them. An immigration lawyer might be able to help but I doubt it.

 

There was a post from someone a couple of months ago who left Thailand through U-Tapao airport with a long overstay and a similar sad story. He apparently dodged a blacklisting. If no other solution transpires, you could try that. I would not fancy your chances.

 

     

You're so right, but there are "agents" who sell self-made visas and extensions to people who might not be aware of it.

 

  Same goes for work permits. I've had a colleague who worked on such fake credentials for a couple of years in Bangkok. 

 

When I offered him to get all documents from the school to leave to Savannakhet, he refused and told me that he'd have a visa! You can't fix stupid. 

 

 His good luck was that the IO at this time was a good guy who just told him to leave the country ASAP.

 

 Unthinkable now. 

 

  

[Nevalern]

32 minutes ago, elviajero said:

If you’re going to appeal you should consult a lawyer before doing anything.

 

If you’re going to take the ban you should surrender (hand yourself in) at the airport. You will be allowed to leave as long as you pay the 20K overstay. If you surrender at an immigration office there’s no telling what they will do, which could include arrest, detention and prosecution through the court.

I have a brand new passport with no stamps. What if I did a land crossing? Any suggestions?

[elliss]

58 minutes ago, Nevalern said:

So effectively I am overstay 120+ days and must hand myself in and cop the one year ban. Regardless of family...

120  days  , times 500 bht per day overstay .  

 Ouch , that hurts .  Thailand is paradise , until things go ...

 

 

Edited August 5, 2019 by elliss

[BestB]

15 minutes ago, elliss said:

120  days  , times 500 bht per day overstay .  

 Ouch , that hurts .  Thailand is paradise , until things go ...

 

 

max is 20 000 irrespective 

[elviajero]

37 minutes ago, Nevalern said:

I have a brand new passport with no stamps. What if I did a land crossing? Any suggestions?

They won’t let you leave without an entry stamp, and would want to see old passport.

 

You only have two choices; appeal or leave and take the ban. Immigration can waive bans.

[shy coconut]

39 minutes ago, Nevalern said:

I have a brand new passport with no stamps. What if I did a land crossing? Any suggestions?

Which passport will you use to leave the country?

Not sure airlines would accept an expired document so I'm guessing your brand new one

will have a stamp in it recording your overstay.

[elviajero]

36 minutes ago, elliss said:

120  days  , times 500 bht per day overstay .  

 Ouch , that hurts .  Thailand is paradise , until things go ...

The fine for overstay is a maximum of 20K in law.

[Nevalern]

35 minutes ago, elviajero said:

They won’t let you leave without an entry stamp, and would want to see old passport.

 

You only have two choices; appeal or leave and take the ban. Immigration can waive bans.

Could/Should I go to a Land crossing with a thai friend and my daughter and plead my case pay the fine and hope and pray they waive the ban.

 

[bwpage3]

1 hour ago, elliss said:

120  days  , times 500 bht per day overstay .  

 Ouch , that hurts .  Thailand is paradise , until things go ...

 

 

Max fine is 20,000 baht

[jackdd]

39 minutes ago, Nevalern said:

Could/Should I go to a Land crossing with a thai friend and my daughter and plead my case pay the fine and hope and pray they waive the ban.

 

I doubt that it will be so easy.

If i were in your situation i would take a friend to the border, have him figure out who the boss there is, and determine if the boss is willing to help. If so, arrange a meeting for dinner and start negotiating ????

[elviajero]

1 hour ago, Nevalern said:

Could/Should I go to a Land crossing with a thai friend and my daughter and plead my case pay the fine and hope and pray they waive the ban.

It could be worth a try, BUT land crossings don’t always like clearing long overstays. I know someone that did something similar at the airport and they waived the ban.

 

If it were me, and I had the finances to get a retirement extension approved, I would hire a lawyer/agent to deal with the local immigration and negotiate that they issue a new extension on the basis you pay the overstay.

[jacko45k]

7 hours ago, elliss said:

120  days  , times 500 bht per day overstay .  

 Ouch , that hurts .  Thailand is paradise , until things go ...

 

 

I believe the maximum is 20,000 baht. 

[RichardColeman]

 So, basically you failed to go to immigration to have the stamp transferred to the new passport ? So, you were living in Thailand without a valid stamp in your current passport, the mistake was yours and now you may have to live with the consequences.

 

I renewed my UK passport I think using key visa - and I think it came with a note about insuring you went to immigration to transfer stamps over. Which is EXACTLY what you need to know.

 

I really don;t see why people cannot keep track of their visa/extensions - its the most important thing you need to live here after all

[BritManToo]

38 minutes ago, RichardColeman said:

o, basically you failed to go to immigration to have the stamp transferred to the new passport ? So, you were living in Thailand without a valid stamp in your current passport, the mistake was yours and now you may have to live with the consequences.

Nope, OP's extension expired in March, he's been on overstay 3+ months.

Edited August 5, 2019 by BritManToo

[onera1961]

2 hours ago, RichardColeman said:

I really don;t see why people cannot keep track of their visa/extensions - its the most important thing you need to live here after all

From numerous  posts in this forum, it quite obvious why they cannot. 

[HampiK]

3 minutes ago, onera1961 said:

From numerous  posts in this forum, it quite obvious why they cannot. 

Actually even worse. Knowing to have a problem, but wait 2 more month till it will be a really big issue with a possible ban!

Edited August 6, 2019 by HampiK

[rhodie]

Find an agent that can help. It may be a case of pay the overstay and a bit extra to avoid the ban. I think that's the best you can hope for. Try to sort it out a quickly as possible. If somehow they can work your extension to a year, you will be on less than 3 month overstay and avoid the ban. Ask around. Good luck.