I think I royally screwed myself on Visa

[Tanoshi]

20 minutes ago, The Word said:

Yes, I know and that's exactly what I said;  from my post..."Apply for an extension of stay relating to what?" 

And I answered 'his previous permission of stay'.

[BritTim]

Under normal circumstances,

• It is at Immigration's discretion whether to allow you to clear any overstay (even one day) and apply late for an extension of stay.
• Some offices will not help at all without presents to make the problem go away.
• I am not aware of any offices that will normally allow you to clear an overstay exceeding seven days while still applying late for an extension.
• While not sure, I think there may be a limit to the length of an overstay that can be cleared at an immigration office, possible depending on the rank of the senior official at the office.
• I am pretty sure that normally, when already on a 33-day overstay, Immigration would tell you they cannot help and instruct you to exit immediately via the airport. If you really upset them, they might even arrest you and send to to the Immigration Detention Centre.

These are not normal circumstances. I have no idea what discretion your local immigration office might have to resolve the situation. Frankly, if you have a good agent in your area, I might be tempted to use them.

[MJKT2014]

3 hours ago, BrianBkyn said:

they only gave it to March - 5 mos of extension.

Sorry for your predicament, I hope it works out for you. I'm surprised the IO didn't point out this when you tried extending 1 yr on a passport expiring in 5 months? I'd go with an agent if you are not sure.

[BrianBkyn]

Playing the stupid farang will not be difficult. This is 100% my fault. I am sure I did look at the date when I got it and then being the stupid farang I just blanked out. I certainly should have noticed when I had my new passport issued but I think I was just under the false impression that the visa extension would be transferred to my new passport and I have been doing November as my renewal for years and it was just stuck in my head. I will go out tomorrow and see what happens and let everyone know. Thanks for all the replies.

[Max69xl]

22 hours ago, OneeyedJohn said:

If his last extension expired more than a month ago, then how on earth can he get another extension to something that doesn't exist anymore.

 

It is an easy trap to fall into, luckily it was pointed out to me by a friend who had the same problem a few years back.

 

My sympathies Brian, hope u find a way through it all. Immigration would do well to show some compassionate understanding of ur predicament.

"Immigration would do well to show some compassionate understanding of ur predicament"

What predicament is that? He forgot to go back to immigration for ~1 month. 

[Chivas]

21 hours ago, Tanoshi said:

There are no repercussions for overstay of less than 90 days other than paying any fines due.

 

 

lol fella engage your brain. You have NO idea what is written on your immigration record but if you think an overstay of 75 days or whatever carries no weight perhaps when you do it for a 2nd time or for a myriad of others reasons than think again

Yes "on the surface" if carries a fine only but none of us knows whats recorded thereafter

[Tanoshi]

9 minutes ago, Chivas said:

lol fella engage your brain. You have NO idea what is written on your immigration record but if you think an overstay of 75 days or whatever carries no weight perhaps when you do it for a 2nd time or for a myriad of others reasons than think again

Yes "on the surface" if carries a fine only but none of us knows whats recorded thereafter

The same words of wisdom I used to give to an associate friend, an oil worker married to a Thai, frequently visiting on VE entries for the last 6 years. He has more overstays than I have t-shirts, yet to this day has never been refused entry, nor his numerous overstays mentioned.

 

Maybe the day will come, but so far he's had no repercussions after clearing his overstay fines.

 

[Caine]

23 hours ago, phuketrichard said:

i never thought anyone would even walk out of immigration office without looking at what stamp they were given.

be it an extension, reentry permit,90 day report.... anything!!!

 

But guess i was wrong

Totally agree with you, I never leave the office without checking I’ve received what I went there for. Unbelievable there are multitudes of thickos out there. 

[DrJack54]

2 minutes ago, Caine said:

Totally agree with you, I never leave the office without checking I’ve received what I went there for. Unbelievable there are multitudes of thickos out there. 

In post #34 the OP clearly expressed he stuffed up and 100% his fault so to speak.

Hope your post gave you the superiority kick for the day.

[BrianBkyn]

Hi, back from Immigration. All good! My gf came along with me and when we went into the booth she talked to the IO in Thai. Probably told her I was senile or an idiot - but it went fine after that. Gave her the package of docs for transfer to new passport and docs for application for new One year visa. The only thing I had to do other than look sorry was to write out a reason why I was late. I was only charged from the expiration date of the previous visa to March 26th. So got lucky there. In fact lucky all around. Having to leave the country now and come back would be a disaster. So few countries that you can even go to other than my home country and NYC is about the last place on earth I want to be. It took me about an hour of waiting to see the IO. So I want to thank all the people on this forum and also Immigration. She was great. A huge relief.

[jackdd]

23 minutes ago, BrianBkyn said:

Hi, back from Immigration.

At which date does your new extension end?

In case it's an under consideration stamp: When do you have to report back?

Edited April 21, 2020 by jackdd

[BrianBkyn]

4 hours ago, jackdd said:

At which date does your new extension end?

In case it's an under consideration stamp: When do you have to report back?

Under consideration? I hope not. My new passport has a retirement visa in it with a date of April 21, 2021. She said nothing to me about reporting back.

[jackdd]

5 minutes ago, BrianBkyn said:

Under consideration? I hope not. My new passport has a retirement visa in it with a date of April 21, 2021. She said nothing to me about reporting back.

Ok, thanks for the info, this confirms what i said since two weeks or so.

 

 

@ubonjoe

@Peter Denis

@Tanoshi

Here we have somebody with a one year extension, who enjoyed the automatic extension from 26th March to 21st April, and was now granted another year. I think you can stop telling those people that they are not covered or will not get future extensions.

 

[ubonjoe]

4 minutes ago, jackdd said:

Here we have somebody with a one year extension, who enjoyed the automatic extension from 26th March to 21st April, and was now granted another year. I think you can stop telling those people that they are not covered or will not get future extensions.

I would not consider that as a confirmation of what you think. They just started the extension from when his overstay ended and he paid part of the fine up to the 26th of March. He also presented a valid explanation for being late.

I can assure you somebody skipped their extension intentionally because they thought they could would not have the same results.

[jackdd]

1 minute ago, ubonjoe said:

They just started the extension from when his overstay ended and he paid part of the fine up to the 26th of March.

He paid the overstay fine until March 26.

His extension was granted from April 21.

So between March 26 and April 21 he was clearly considered to be under the automatic extension.

[ubonjoe]

2 minutes ago, jackdd said:

So between March 26 and April 21 he was clearly considered to be under the automatic extension.

No he was not. They only waived the overstay fine from March 26th to today.

[jackdd]

5 minutes ago, ubonjoe said:

No he was not. They only waived the overstay fine from March 26th to today.

We know very well that if you are on overstay and apply for an extension, this extension will start at the day when you were still considered legal, the days which somebody was on overstay are not added. If it were as you say, his extension would have started / ended on 18th March.

His extension started today, which says that he was considered legal today. The only way he could have been considered legal is because he did fall under the automatic extension.

Edited April 21, 2020 by jackdd

[ubonjoe]

8 minutes ago, jackdd said:

We know very well that if you are on overstay and apply for an extension, this extension will start at the day when you were still considered legal, the days which somebody was on overstay are not added. If it were as you say, his extension would have started / ended on 18th March.

Not always. 

There are times they will start it from the date the extension was applied for after a overstay was paid. 

I have seen a extension of stay stamp that was started from the day the overstay fine was paid.

Edit: I can assure you I will not be telling people to skip their annual extensions. Would you?

Edited April 21, 2020 by ubonjoe

[Tanoshi]

54 minutes ago, jackdd said:

Here we have somebody with a one year extension, who enjoyed the automatic extension from 26th March to 21st April, and was now granted another year. I think you can stop telling those people that they are not covered or will not get future extensions.

If as you believe the IO fined him from 18-26/3, then granted him an extension under the amnesty until 21/4, why did she date his extension from 21st April.

An automatic extension would have taken him to 30th April.

Annual extensions can also be applied for before the due date, so again why was his annual extension dated the from the day he applied and not from the date an automatic extension would have been granted.

 

Why did he have to give a written reason for his overstay.

It appears she showed leniency only fining him for a week of his overstay with a supporting letter to support her decision of using her discretionary powers in the matter.

[nauseus]

Well anyways it's a happy ending and nice to see some forgiveness and understanding from the IP. But I still think you're a lucky son of a gun. Don't forget your 90 day report - they'll probably be doing them again in 3 months! 

[Tanoshi]

1 minute ago, nauseus said:

Don't forget your 90 day report - they'll probably be doing them again in 3 months! 

Suspended until 30th July now.

[jackdd]

1 hour ago, ubonjoe said:

Edit: I can assure you I will not be telling people to skip their annual extensions. Would you?

Of course not, if they want to apply for one they can do this.

But i wouldn't scare people by telling them that they don't get the automatic extensions, or would have problems applying for an extension later, even though there is no evidence for it.

 

6 minutes ago, Tanoshi said:

If as you believe the IO fined him from 18-26/3, then granted him an extension under the amnesty until 21/4, why did she date his extension from 21st April.

An automatic extension would have taken him to 30th April.

Annual extensions can also be applied for before the due date, so again why was his annual extension dated the from the day he applied and not from the date an automatic extension would have been granted.

I can't give you a definitive answer for that, but here a similar case (getting an extension while also falling under the automatic extension) where somebody was extended who did clearly fall under the automatic extension, but he wasn't extended starting from the end of the automatic extension, so i guess this is just how they handle it: https://forum.thaivisa.com/topic/1160328-how-should-i-approach-now-metv-expires-tomorrow/?tab=comments#comment-15315878

 

19 minutes ago, Tanoshi said:

Why did he have to give a written reason for his overstay.

It appears she showed leniency only fining him for a week of his overstay with a supporting letter to support her decision of using her discretionary powers in the matter.

See my post #47.

 

[rhodie]

7 hours ago, BrianBkyn said:

Hi, back from Immigration. All good! My gf came along with me and when we went into the booth she talked to the IO in Thai. Probably told her I was senile or an idiot - but it went fine after that. Gave her the package of docs for transfer to new passport and docs for application for new One year visa. The only thing I had to do other than look sorry was to write out a reason why I was late. I was only charged from the expiration date of the previous visa to March 26th. So got lucky there. In fact lucky all around. Having to leave the country now and come back would be a disaster. So few countries that you can even go to other than my home country and NYC is about the last place on earth I want to be. It took me about an hour of waiting to see the IO. So I want to thank all the people on this forum and also Immigration. She was great. A huge relief.

Great outcome mate, you dodged a bullet. Nice to see a good news story. ???? 

[smedly]

3 hours ago, jackdd said:

Here we have somebody with a one year extension, who enjoyed the automatic extension from 26th March to 21st April, and was now granted another year. I think you can stop telling those people that they are not covered or will not get future extensions.

The special CV-19 extensions do not apply to 12 month retirement/marriage extensions - you will misinform people into trouble if you keep that up

 

anyone with a 12 month extension that expires during in the CV- 19 automatic free extension period dates need to go and renew their 12 month extensions as they normally would

 

The OP got a rare sympathetic solution likely because there was no other option for them or him - the fact he payed overstay tells all about it

Edited April 21, 2020 by smedly

[OJAS]

2 hours ago, jackdd said:

But i wouldn't scare people by telling them that they don't get the automatic extensions, or would have problems applying for an extension later, even though there is no evidence for it.

But I personally wouldn't scare people by telling them that they DO get the automatic extensions, or would have ZERO problems applying for an extension later, when, as we all well know, with whom we deal in our immigration office on immigration-related matters is dependent on (1) the competence (or otherwise) of the particular officer we encounter, and (2) more importantly, which side of the bed they had got out of that particular morning. The OP could well have been exceedingly fortunate in being able to deal with an officer at CW who was both more competent than the average for that particular office and had, from his point of view, got out of bed the right side that particular morning!

[vermin on arrival]

3 hours ago, Tanoshi said:

Suspended until 30th July now.

 July 31

[Tanoshi]

16 minutes ago, vermin on arrival said:

 July 31

Yep, it was originally reported as July 30th, then amended.

 

REUTERS: REFILED

(Corrects date in paragraph 2 to July 31, not July 30)

[watthong]

19 hours ago, Tanoshi said:

20 hours ago, jackdd said:

Here we have somebody with a one year extension, who enjoyed the automatic extension from 26th March to 21st April, and was now granted another year. I think you can stop telling those people that they are not covered or will not get future extensions.

If as you believe the IO fined him from 18-26/3, then granted him an extension under the amnesty until 21/4, why did she date his extension from 21st April.

An automatic extension would have taken him to 30th April.

Annual extensions can also be applied for before the due date, so again why was his annual extension dated the from the day he applied and not from the date an automatic extension would have been granted.

'

She dated his extension April 21 simply because that was the day he applied for it.  She could not date his extension on April 30 when the automatic extension would end (nor July 31st as it has now been expanded, nor a further future date as it seems possible until god knows when - in short it's gonna be a rolling date.) So first and foremost, what did OP do on April 21? Go to Immigration to transfer stamp to his new passport and apply for extension of his permit to stay for another year. Anything transpired on this visit should be dated and used a reference, April 21 2020. Correct, OP?

 

Though to borrow a Covid-related term, in an "abundance of caution" Ubon Joe (especially and understandably as he has said "I can assure you I will not be telling people to skip their annual extensions. Would you?") and others cannot advice folks to follow this path even though it has been clearly proven here. The most important ingredient in the OP success was the leniency of the IO who handled his case (also the rapport between his Thai wife and the female IO which surely played no small part in opening up the channel of good will.) Certainly we will not ALL be that lucky...

 

One fact to be point out is that the "automatic extension" and other emergency immigration-related measures are carried out to prevent individuals from putting themselves at risk of Covid upon visiting the normally jam-packed immigration offices. Therefore ALL foreigners should be able to benefit from it, not just certain classes of short-term visa holders. So in principle, fear of Covid can be cited as a bona fide reason for overstay or availing oneself to an automatic extension as it is clearly applicable. But TIT, what one can NOT count on is the unknown factor: the degree of competence and good will - or in the words of another poster "more importantly, which side of the bed they had got out of that particular morning" - of the particular IO that one will face, and prepare oneself accordingly.