Help! - On Overstay

[BoltonBrian]

Hi,

 

I am in a quandary as to what to do next and would really appreciate some sound advice:

 

I am British, over 50, and have been living here for over 10 years and have never been on overstay. I had a Non-O Visa based on supporting my Thai daughter - I am a single dad and she lives with me.

 

My 60 day extension on my First 12 month Non-O expired last Sunday (March 29th). I applied at the British Embassy to get a letter to support my application at Chaeng Wattana get a 30 day extension but it arrived a day too late last Friday afternoon (March 27th). I have been unable to extend my Non O as I need an additional supporting document which is going to take time to get as I am using a lawyer to obtain it as it's very difficult and complicated for me to get it myself (I've already tried).

 

Therefore I now have the following problems:

 

1) My Non O visa has now expired.

2) I cannot go out of the country and come back in again to extend my stay.

3) I have been on overstay for 7 days.

 

Helpful advice really appreciated. Derogatory comments completely ignored.

 

Thanks.

 

Brian.

[ubonjoe]

What other document do you need?

You could of applied for a 60 day extension to visit you child.

When you are able to apply for the extension you will need to pay 500 baht a day for the overstay before they accept your application.

[BoltonBrian]

The other document that I need is a Kor Ror 11.

 

I was under the impression that I am only allowed to do one 60 day extension which I have already done and used up?

 

 

 

[ubonjoe]

2 minutes ago, BoltonBrian said:

The other document that I need is a Kor Ror 11.

 

I was under the impression that I am only allowed to do one 60 day extension which I have already done and used up?

You don't need a Kor Ror 11 unless you are applying for a one year extension of stay. If your child is 7 or over it it can be done at a Amphoe.

You could get a 30 day special extension.

It may be possible under number 3 of the memorandum for the special extensions another 60 day extension under this in the police order for extensions.

"5. In the case where an alien applicant does not meet the full qualifications stipulated by the criteria herein or in other cases not specified in this Order but a competent officer equivalent to or higher than inspector is of the opinion that the alien has legitimate reason for staying in the Kingdom of Thailand, the application shall be forwarded to the Commander of the Royal Thai Police or an authorized competent officer for further consideration of the alien's application."

[BoltonBrian]

1) That's what I meant, I need the Kor Ror 11 only for the 12 month extension, not the 60 day.

2) Could I get the 30 day special extension even though I have 7 days overstay?

3) Is there a risk of any repercussions if I turn up at CW and pay the overstay?

4) Do you think that I should go to CW, pay the overstay and then apply for the 60 day extension to see what happens as a first move and only apply for the 30 day extension if they refuse the 60 day?

 

Thanks in advance for your advice.

 

 

 

 

[ChipButty]

Who needs a lawyer with ubonjoe around and that was Free

[jackdd]

20 minutes ago, BoltonBrian said:

2) Could I get the 30 day special extension even though I have 7 days overstay?

3) Is there a risk of any repercussions if I turn up at CW and pay the overstay?

4) Do you think that I should go to CW, pay the overstay and then apply for the 60 day extension to see what happens as a first move and only apply for the 30 day extension if they refuse the 60 day?

2) Yes

3) I've never heard of somebody having a problem in such a case, so you should be good to go

4) You won't get 60 days. In theory they could issue an extension under the paragraph which Ubonjoe quoted, but i've so far not seen even a single case where they did this. So just forget this, bring your embassy letter and get 30 days.

[ubonjoe]

20 minutes ago, BoltonBrian said:

1) That's what I meant, I need the Kor Ror 11 only for the 12 month extension, not the 60 day.

2) Could I get the 30 day special extension even though I have 7 days overstay?

3) Is there a risk of any repercussions if I turn up at CW and pay the overstay?

4) Do you think that I should go to CW, pay the overstay and then apply for the 60 day extension to see what happens as a first move and only apply for the 30 day extension if they refuse the 60 day?

 

1. You could move ahead with that if you can get the 60 day extension and then the one year near the end of it.

2. Yes

3. No Just pay the overstay and apply.

4. I suggest your try for the 60 day extension before getting the 30 day one. It is a minor exception to the requirements for a 60 day extension that only one can be done. You would likely get a under consideration stamp like they are doing for the 30 day extension.

[ubonjoe]

6 minutes ago, jackdd said:

4) You won't get 60 days. In theory they could issue an extension under the paragraph which Ubonjoe quoted, but i've so far not seen even a single case where they did this. So just forget this, bring your embassy letter and get 30 days.

It might of been done by somebody already that we do not know about.

I suspect many people are not aware that there is that clause in the police order or number 3 of the memorandum. The one per entry part of the clause for 60 days extension is a very minor exception to the normal rules.

[BoltonBrian]

Thanks for all the advice. Much appreciated.

 

I will go to CW and try the 60 day route first and if that fails I'll apply for the 30 days extensions.

 

1) Do I pay the overstay at the same desk that I apply for the 60 day extension?

2) If I get the 60 or 30 day extension can I still apply for the 12 month extension of my Non-O or has my Non-O now expired being as I'm on overstay?

3) UbonJoe - Do you have a link to the Thai version of the Police Order/Memorandum so that I can show it to the officer?

 

Many thanks. 

 

[ubonjoe]

21 minutes ago, BoltonBrian said:

Thanks for all the advice. Much appreciated.

 

I will go to CW and try the 60 day route first and if that fails I'll apply for the 30 days extensions.

 

1) Do I pay the overstay at the same desk that I apply for the 60 day extension?

2) If I get the 60 or 30 day extension can I still apply for the 12 month extension of my Non-O or has my Non-O now expired being as I'm on overstay?

3) UbonJoe - Do you have a link to the Thai version of the Police Order/Memorandum so that I can show it to the officer?

 

Many thanks. 

 

1. You will pay at another desk after they review your paperwork for the extension.

2. Yes you can still apply for the one year extension. 

3. Police Order 327/2557 Thai text.  Number 5 at the top of the order and clause 2.24.

Original memorandum  in Thai. 

Immigration memo 30 day extensions (Thai).pdf

[BoltonBrian]

Thanks you so much UbonJoe.

 

Your help is really appreciated.