Overstayed 90 days - now in total confusion

[DualSportBiker]

I have a Non-Imm O multiple-entry visa granted in September 2019. My 90-day permission ended March 8. I missed it - reasons not important...

 

As the ground borders are closed I presented myself to my local immigration (Nonthaburi) on Tuesday. My papers were reviewed and I was asked for 2000 Baht for the fine defined to me at the time as the max it could be. The same officer then asked me what I wanted him to do. I explained that a) I'd never presented myself at an immigration office for 90 days before and b) I thought that was his job, and c) given that Vovid-19 is changing the possibilities of travel there might be some change of policy that he would know and I would not.

 

I was told to bring my wife, our marriage cert and her ID and housebook copies. That happened today. The same officer then asked my wife why we were there and what we wanted. "To clear up my overstay and regain permission to be here for some period." was our answer. 

 

We were told that apart from needed some new form (xx 22) for our HK marriage cert (which we have translated and stamped by MFA), that we would need to apply for a 60 day extension. What happens to the validity of the visa issued to me in Laos last Sept? I am hoping it does not change, and as long as I don't screw up again, I can present myself to a border and get 90 days on entry.

 

I am loathe to try and travel out and in again as there is a chance that regulations will change and I would need impossible-to-get insurance for Covid-19 and an equally medical impossible-to-get medical cert.

 

Also, the officer on Tuesday stated 200 Baht per day up to a max of 2,000. The officer today said 500 per day up to 20,000. Are they both right?

 

Confused...

Edited March 26, 2020 by DualSportBiker
clarity of language

[Denim]

As far as I know , if you overstay the 90 days on a Non O visa based on marriage the visa itself becomes invalid. So at the end of your 60 day extension you would have to exit to get another.

 

However, Ubon Joe will know better if this is the case. Also, in these times of confusion, in 60 days time the whole situation might be different and the rules changed to take into account Covis19.

 

 

Edited March 26, 2020 by Denim

[ubonjoe]

50 minutes ago, DualSportBiker said:

We were told that apart from needed some new form (xx 22) for our HK marriage cert (which we have translated and stamped by MFA), that we would need to apply for a 60 day extension. What happens to the validity of the visa issued to me in Laos last Sept? I am hoping it does not change, and as long as I don't screw up again, I can present myself to a border and get 90 days on entry.

They are asking for a Kor Ror 22 marriage registry that you get after you register your foreign marriage at a Amphoe.

That is not a standard requirement for a 60 day extension. But Nonthaburi immigration office is known for being difficult.

Not mentioned here on the immigration website. https://www.immigration.go.th/content/service_24

The overstay fine is 500 baht a day up to a maximum of 20k baht. I suggest you do everything possible to avoid more of an overstay than you have now. If caught with an overstay you can be deported and banned from entering the country for 5 years.

 

Where is your wife's house book for? You could go to the province for where she registered and apply for the extension there at a immigration office there. You could use her house book as proof you are staying there.

 

[ubonjoe]

2 minutes ago, Denim said:

As far as I know , if you overstay the 90 days on a Non O visa based on marriage the visa itself becomes invalid. So at the end of your 60 day extension you would have to exit to get another.

An overstay does not cancel out a valid visa.

[DualSportBiker]

Thank you Joe. My wife is registered in Nonthaburi - stuck with the fun-team! 

 

Great news on the non-cancel - thank you.

 

1 minute ago, ubonjoe said:

An overstay does not cancel out a valid visa.

2 minutes ago, ubonjoe said:

They are asking for a Kor Ror marriage registry that you get after you register your foreign marriage at a Amphoe.

That is not a standard requirement for a 60 day extension. But Nonthaburi immigration office is known for being difficult.

Not mentioned here on the immigration website. https://www.immigration.go.th/content/service_24

The overstay fine is 500 baht a day up to a maximum of 20k baht. I suggest you do everything possible to avoid more of an overstay than you have now. If caught with an overstay you can be deported and banned from entering the country for 5 years.

 

Where is your wife's house book for? You could go to the province for where she registered and apply for the extension there at a immigration office there. You could use her house book as proof you are staying there.

 

 

[Denim]

14 hours ago, ubonjoe said:

An overstay does not cancel out a valid visa.

Thats good news. I was told before that a non O was invalidated by overstay, hence I always do visa runs early. Thanks for the clarification.

[BritTim]

Under normal circumstances, getting the KR2 is pretty easy. However, there have been reports that, at least, some amphoe offices are only processing urgent documents, and the KR2 is not considered urgent. Nevertheless, I would try going to your local amphoe office, explaining the situation, and see if they will help you.

[ubonjoe]

16 minutes ago, BritTim said:

Under normal circumstances, getting the KR2 is pretty easy. However, there have been reports that, at least, some amphoe offices are only processing urgent documents, and the KR2 is not considered urgent. Nevertheless, I would try going to your local amphoe office, explaining the situation, and see if they will help you.

He was asked for a Kor Ror 22 for a foreign marriage registration. A lot paperwork is needed to do that registration.

A Kor Ror 2 is for a marriage registration done here.

[DualSportBiker]

6 minutes ago, ubonjoe said:

He was asked for a Kor Ror 22 for a foreign marriage registration. A lot paperwork is needed to do that registration.

A Kor Ror 2 is for a marriage registration done here.

So we have the original Hong Kong marriage cert, official copies from the HK registry, the Thai HK embassy translation and the MFA certification. Looking at your list here, it seems we have all we need. Unless that list has changed, it should be simple. So thanks for that post too!

[ubonjoe]

59 minutes ago, DualSportBiker said:

So we have the original Hong Kong marriage cert, official copies from the HK registry, the Thai HK embassy translation and the MFA certification. Looking at your list here, it seems we have all we need. Unless that list has changed, it should be simple. So thanks for that post too!

Take what you have to a Amphoe and see what they say. The problem is that it can vary from one to another.

The could want a copy of your passport certified by the embassy and translated.

[Assurancetourix]

14 hours ago, ubonjoe said:

An overstay does not cancel out a valid visa.

It's exact .

I had a similar problem a long time ago , about ten years ago .

Forgot to go to IO of Sakon Nakhon for nearly 3 months !

It worked out without any penalty because I closed my mouth and let my wife say what was needed.

[jimn]

The title of your thread is so misleading. You haven't overstayed 90 days you have overstayed 19 days as of today. Basically for some reason you did not exit the country on March 8th to obtain a new permission to stay. In hindsight if you couldn't leave the country on March 8th you should have visited immigration to obtain a 60 day extension based on marriage presenting the required documents. That is all immigration can do for you now is grant you the 60 day extension after you pay the 2k overstay fine. Just be prepared to act again when your 60 days runs out at the end of May, your options may be limited.

[ubonjoe]

50 minutes ago, jimn said:

That is all immigration can do for you now is grant you the 60 day extension after you pay the 2k overstay fine.

Your math is off by a lot. It is 500 baht a day for an overstay.  It think you are confusing 90 day reporting with needing to leave the country every 90 days since he has a multiple entry visa.

If he took care of it today it will be a fine of 9500 baht.

[Bazt]

Ok, here's one for you UbonJoe ,have non o multi valid until July

We got divorced prior to me going having to go back to Australia( which i haven't yet)due to the fact i didn't want to fly back and forward to sign documents if the wife needed to purchase things that also needed husbands signature.

flights were cancelled

So what is it i need to do now? Not tell immi of divorce or ???

cheers

 

[DualSportBiker]

19 hours ago, ubonjoe said:

Take what you have to a Amphoe and see what they say. The problem is that it can vary from one to another.

The could want a copy of your passport certified by the embassy and translated.

You called it!

My wife just called to say the process is going to be painful as staff are not available for non-essential work. They need those certifications and translations as you suggested. 

If I engage a lawyer, do I have any chance of getting around the extra requirement for the Kor Ror 22? If the ministry does not stipulate it, how does a branch office add requirements without recourse?

[jimn]

5 hours ago, ubonjoe said:

Your math is off by a lot. It is 500 baht a day for an overstay.  It think you are confusing 90 day reporting with needing to leave the country every 90 days since he has a multiple entry visa.

If he took care of it today it will be a fine of 9500 baht.

No UJ not confused at about 90 day reports and having to leave the country every 90 days on a non O multi entry, I dont know how you came to that conclusion. I meant to post a maximum of 20k fine not 2k fine. You are obviously correct in stating that if he took care of it today it would be substantialy less.

[ubonjoe]

38 minutes ago, jimn said:

No UJ not confused at about 90 day reports and having to leave the country every 90 days on a non O multi entry, I dont know how you came to that conclusion.

Because 2000 baht is the standard fine for late or not doing 90 day reports. Many people confuse 90 day reporting and leaving the country every 90 days. There have been people that tried to do a 90 day report instead of leaving the country and a few cases of immigration making the mistake of doing one and people ending up on a long overstay due to it.

You should of mentioned the 500 baht per day fine as well.