Awaiting trial, do I need a case visa..?

[dondondont]

Hi all, 

 

I'm awaiting my trial, court date is set for April 3rd.

 

I am currently on a student Visa and my next extension is on May 30th. (Court has my passport at the moment)

 

Do I need a case visa? No one told me anything about a case visa and I assumed because I'm on a student visa, which will still be valid

on the date of my trial - and after, that I can just go to the court hearing on my current visa.

 

Any help would be greatly appreciated. As I said, not sure if I absolutely need a case visa to go to court.

 

 

[ubonjoe]

If needed you could apply for a extension based upon be involved in a court cast (litigation). It can be up to 90 days per extension.

See: https://www.immigration.go.th/content/service_26

If you are still attending classes your  current extension based upon attending school it is still valid.

[dondondont]

6 minutes ago, ubonjoe said:

If needed you could apply for a extension based upon be involved in a court cast (litigation). It can be up to 90 days per extension.

See: https://www.immigration.go.th/content/service_26

If you are still attending classes your  current extension based upon attending school it is still valid.

thanks a lot I will check that link out.

 

So you don't if it is 100% a must to have a case visa? I'm ready to accept the court's terms whether it be deportation or not. Maybe get the case visa just to be safe? My visa will only expire more than a month after my court case.

[ubonjoe]

32 minutes ago, dondondont said:

So you don't if it is 100% a must to have a case visa?

There is no such thing as a case visa. You can only apply for visas at a embassy or consulate.

As I wrote you can get a extension based upon upon being involved in acourt case. 

If you are still attending school you can stay until the end of your current extension of stay.

[BritTim]

To clarify what I believe is your concern: you just need to ensure that you do not go on overstay. For a minor offence, you should not normally be deported as long as you are in compliance with immigration laws.

 

Your permission to stay based on attending school remains valid as long as you are attending classes. Indeed, this is the best way as your permission to stay will not end when the court case is finalised,

 

If you have stopped attending school, it might be safer to apply for an extension of stay based on the court case. This carries a risk. If you have upset the police, they can possibly detain you when the court case finishes on the basis that your permission to stay has expired, and take action accordingly.

 

I would advise you to religiously satisfy the conditions of your permission to stay based on studying.

[dondondont]

Thanks a lot peeps I understand now. I am so glad I asked seeing that no one from the court / police station explained anything to me.

 

thanks again.

[Ireland32]

Court  held my passport I was on overstay , I paid 11,000 b in fees and was let back in Cambo border 

[gamini]

I would seek proper legal advice and not rely on unqualified advice on this forum. My foreign employee comitted an offence. He had a good lawyer and could not get a "case visa". The court case went on for two years, When it finished with a hefty fine. He had to get a document from the court confirming his case was resolved. Overstay was unavoidable, he left paid the Bt20,000 fine and came back the next day. So check up with a qualified immigration lawyer. You might find that a so called " case visa " is only for people taking a case against another  person and not for the defendant in a case!

[Eibot]

1 hour ago, gamini said:

I would seek proper legal advice and not rely on unqualified advice on this forum. My foreign employee comitted an offence. He had a good lawyer and could not get a "case visa". The court case went on for two years, When it finished with a hefty fine. He had to get a document from the court confirming his case was resolved. Overstay was unavoidable, he left paid the Bt20,000 fine and came back the next day. So check up with a qualified immigration lawyer. You might find that a so called " case visa " is only for people taking a case against another  person and not for the defendant in a case!

If you read the first comments it is clearly said there is no such thing as a "case visa". only the OP came up with that wording.

 

However, it is advisable to seek professional help in these kind of situations. 

[BritTim]

2 hours ago, gamini said:

I would seek proper legal advice and not rely on unqualified advice on this forum. My foreign employee comitted an offence. He had a good lawyer and could not get a "case visa". The court case went on for two years, When it finished with a hefty fine. He had to get a document from the court confirming his case was resolved. Overstay was unavoidable, he left paid the Bt20,000 fine and came back the next day. So check up with a qualified immigration lawyer. You might find that a so called " case visa " is only for people taking a case against another  person and not for the defendant in a case!

I concur with your advice to get professional help. However, the experience of your foreign employee shows how difficult it can be to select a "good lawyer". The overstay most certainly was avoidable. Under Section 2.26 of Police Order 138/2557, you can get any number of 90-day extensions of stay. With the court holding the passport, it is more complicated to arrange this, but one of the jobs of a good lawyer is to navigate the procedures involved. Many other people in a similar situation have managed it.

 

Quote

2.26  In the case of litigation or court proceedings: Each permission shall be granted for no more than 90 days . 

1. Application form

2. Copy of applicant’s passport

3. Confirmation letter from an inquiry official involved with the case, official paper or document confirming that the applicant is being involved with the litigation or court proceedings of the case. 

 

[dondondont]

Yeah, about that case visa which I mentioned. That comes directly from a 'good lawyer/law firm's' website.

 

The lawyer's fees to obtain the above mentioned visa is roughly 30k baht. 

 

I think I'm going to stick to my current Ed-visa as I attended online classes this year and my visa is valid until May 30th Thus it definitely won't count as overstay. 

[gamini]

4 hours ago, dondondont said:

Yeah, about that case visa which I mentioned. That comes directly from a 'good lawyer/law firm's' website.

 

The lawyer's fees to obtain the above mentioned visa is roughly 30k baht. 

 

I think I'm going to stick to my current Ed-visa as I attended online classes this year and my visa is valid until May 30th Thus it definitely won't count as overstay. 

So you think your court case will be settled the first time you appear in court, I thought that would happen for my employee. It kept getting postponed even though a simple case. It took nearly two years. Is your education visa valid for that long?

[timendres]

17 minutes ago, gamini said:

So you think your court case will be settled the first time you appear in court, I thought that would happen for my employee. It kept getting postponed even though a simple case. It took nearly two years. Is your education visa valid for that long?

With his current extension expiring nearly two months after his first court appearance, there is no reason to take any action at this time. After his first court appearance, it will be much more clear how things will progress, and then he can decide if he needs a different extension. What may prove to be an issue is the renewal of his education extension on May 30th, since he may not be in possession of his passport.

[Just Weird]

On 3/3/2020 at 11:02 PM, dondondont said:

Thanks a lot peeps I understand now. I am so glad I asked seeing that no one from the court / police station explained anything to me.

No need to have a go at the police or the court, they didn't explain anything because there was nothing to explain; you have a visa that covers you until way past the court date.

[dondondont]

On 3/5/2020 at 10:35 PM, gamini said:

So you think your court case will be settled the first time you appear in court, I thought that would happen for my employee. It kept getting postponed even though a simple case. It took nearly two years. Is your education visa valid for that long?

wow, that's interesting.. I haven't thought about that. From what I've read on a recent post the poster's case was settled after the first court appearance. My friend's wife is helping me with the case, she's Thai, and at the court hey told her if I plead guilty it will be over quicker and if I plead not guilty it will be moved to a next court and so on ..

 

If the case doesn't end on April 4th, I will get the case Visa seeing as I would still have enough time left on my current visa.

[dondondont]

On 3/5/2020 at 11:16 PM, Just Weird said:

No need to have a go at the police or the court, they didn't explain anything because there was nothing to explain; you have a visa that covers you until way past the court date.

Thanks yeah I didn't mean to be rude but I have read so many posts where guys get arrested on overstay after their court appearances and they did not know a THING about the visa that they could get because of being involved in a court case. 

[Just Weird]

58 minutes ago, dondondont said:

I didn't mean to be rude but I have read so many posts where guys get arrested on overstay after their court appearances 

Really?  So many people have been arrested immediately after their case has finished because of an overstay caused entirely by the court case?  Could you point to just one, specifically, where that actually happened?

[Maestro]

11 hours ago, dondondont said:

...If the case doesn't end on April 4th, I will get the case Visa seeing as I would still have enough time left on my current visa.

 

If and when the time comes, be sure not to apply for a "case visa" but for a 90-day extension of stay under clause 2.26 of Police Order 327/2557 dated 30 June 2514. On the application form TM.7, on the line "reason for extension", write "litigation or court proceedings"

[BritTim]

2 hours ago, Maestro said:

 

If and when the time comes, be sure not to apply for a "case visa" but for a 90-day extension of stay under clause 2.26 of Police Order 327/2557 dated 30 June 2514. On the application form TM.7, on the line "reason for extension", write "litigation or court proceedings"

Absolutely. However, since the court is holding onto the passport, he needs someone who knows the correct procedure to help with getting temporary access to the passport for the extension application.

Edited March 7, 2020 by BritTim

[007 RED]

23 hours ago, dondondont said:

Thanks yeah I didn't mean to be rude but I have read so many posts where guys get arrested on overstay after their court appearances and they did not know a THING about the visa that they could get because of being involved in a court case. 

 

22 hours ago, Just Weird said:

Really?  So many people have been arrested immediately after their case has finished because of an overstay caused entirely by the court case?  Could you point to just one, specifically, where that actually happened?

FYI..... Here's one.   I think there was another when the individual was given a suspended sentence by the Court in Phuket for possession of a very small amount of weed and told he was free to go.  As he left the Court he was arrested by the police for overstay and deported.

 

[Just Weird]

1 hour ago, 007 RED said:

On 3/7/2020 at 1:27 PM, Just Weird said:

Really?  So many people have been arrested immediately after their case has finished because of an overstay caused entirely by the court case?  Could you point to just one, specifically, where that actually happened?

FYI..... Here's one.   I think there was another when the individual was given a suspended sentence by the Court in Phuket for possession of a very small amount of weed and told he was free to go.  As he left the Court he was arrested by the police for overstay and deported.

You couldn't find something less cut and dried?  Geez..

 

No, that was not one.  The circumstances as described by that OP (who never came back to complete or clarify his odd story) were, very obviously, not typical.  I suggested that an example that was, specifically, "because of an overstay caused entirely by the court case" wouldn't be found.  I was right, so far.

Edited March 8, 2020 by Just Weird

[AussieBob18]

No (Case Visa)      Yes (Lawyer)