advise about overtsay visa

[scorecard]

Lots of valuable lessons to be learned from this situation including taking action much earlier so that such situation didn't evolve. 

[BritTim]

My advice:

1. Find out from the embassy what kind of emergency passport or travel document they can issue and when.
2. If a one-year ban is something that you cannot risk, do not try to sort this out yourself. It is too late. Contact a good agent, and get them to deal with this. You cannot reliably predict what immigration will do. A first rate agent can usually tell you on the spot, together with costs, what they can do. At worst, they can find out within an hour or two.

[Tagged]

On 2/10/2021 at 7:29 PM, Tagged said:

Why not just ask the immigration  directly what to do in this situation? 

Just to be clear, if I was her bf or friend, I would have taken action long time before it was to late, so sorry for my ironic answer. But immigration is a great place to seek information and help when you need it, and if you are not happy with the answer, move on to another district and ask again until you get the answer you want and need. Thats my experience from thai immigration. Both Hua Hin and where I live now, have been great to me and always helpful. But, again I always been before time with my issues, and had time to fix what I needed.

 

I know things can have personal reasons, but those around should help when needed, especially when it comes to overstay if they want to continue to stay in Thailand

[ThaiVisaCentre]

8 hours ago, BritTim said:

My advice:

1. Find out from the embassy what kind of emergency passport or travel document they can issue and when.
2. If a one-year ban is something that you cannot risk, do not try to sort this out yourself. It is too late. Contact a good agent, and get them to deal with this. You cannot reliably predict what immigration will do. A first rate agent can usually tell you on the spot, together with costs, what they can do. At worst, they can find out within an hour or two.

This is good advice, as this situation is very delicate.

We always advise not letting your passport get that close to expiration.

As most countries extend from the last date of the current expiration in 5 to 10 year increments so there is little reason not to do these types of things ahead of time, and not leaving it down to a couple of months while living in a foreign country.

Edited February 12, 2021 by ThaiVisaCentre

[Caldera]

49 minutes ago, ThaiVisaCentre said:

This is good advice, as this situation is very delicate.

 

From your experience as an agent, can such a >90 days overstay be "fixed" without a ban or is that completely hopeless?

 

[ThaiVisaCentre]

33 minutes ago, Caldera said:

 

From your experience as an agent, can such a >90 days overstay be "fixed" without a ban or is that completely hopeless?

 

We do occasionally assist with cases like this, and it's always case by case.

You can always contact our staff via LINE, and lay out the case, and we will try to determine what we can do to resolve it in an efficient manner.

But it's always best to do as much as you can to avoid getting into this situation, and most of the time it is 100% preventable with proper planning (especially with the current visa options available).

[DrJack54]

10 minutes ago, ThaiVisaCentre said:

But it's always best to do as much as you can to avoid getting into this situation, and most of the time it is 100% preventable with proper planning (especially with the current visa options available).

The OP's friends gf has done nothing. Even after passport along with permission of stay expired (think it was Oct ) did nothing. A reasonable person would have been reaching out to an agent or immigration prior to expiry when it was clear that the issue of pp was perhaps not going to occur. Now 90 days later there is a yelp for help.

I can't imagine anything that an agent can do in this case. I'm still thinking that this thread is sus.

Need to be proactive springs to mind.

Edited February 12, 2021 by DrJack54

[Matreusse]

On 2/11/2021 at 2:20 PM, Tanoshi said:

Nothing stopped her returning to your home Country with an expired Passport.

Really?   Which airlines will allow foreign passengers leaving Thailand to check in with an invalid passport?

[ThaiVisaCentre]

Just now, DrJack54 said:

The OP's friends gf has done nothing. Even after passport along with permission of stay expired (think it was Oct ) did nothing. A reasonable person would have been reaching out to an agent or immigration prior to expiry when it was clear that the issue of pp was perhaps not going to occur. Now 90 days later there is a yelp for help.

I can't imagine anything that an agent can do in this case. I'm still thinking that this thread is sus.

Need to be proactive springs to mind.

Majority of overstay cases are just like this one (assumptions are made, and there is a lot of procrastination), and you are right that as you let the overstay get longer your options quickly diminish (on your own, and even with agent assistance).

It never hurts to get a second opinion, and to do so ASAP before it keeps getting worse (it's free..).

[jackdd]

14 minutes ago, Matreusse said:

Really?   Which airlines will allow foreign passengers leaving Thailand to check in with an invalid passport?

If you are flying with them to your passport country I guess all of them.

[Matreusse]

1 minute ago, jackdd said:

If you are flying with them to your passport country I guess all of them.

Guess again.  The passport would be invalid, no airline will let passengers check in with an invalid passport, that was my point and that is why embassies issue emergency travel documents.  If passengers could check in with invalid passports what would be the point of ETDs?

[jackdd]

17 minutes ago, Matreusse said:

Guess again.  The passport would be invalid, no airline will let passengers check in with an invalid passport, that was my point and that is why embassies issue emergency travel documents.  If passengers could check in with invalid passports what would be the point of ETDs?

For the case that you transit through another country which wouldn't accept an expired passport, or in case you lost your passport.

Edited February 12, 2021 by jackdd

[VinnieK]

Back to the main topic..

Who exactly came up with the 3 month overstay threshold?

I never heard of it.

Does it refer to the increase in blacklisting penalties?

These might be irrelevant to the OP.

Maybe she doesn't want  to return anyway

 

In my opinion ,if immigration is prepared to issue an extension after ,say.. 85 days overstay, they are likely to issue one for 100 days also.

Also, keep in mind the general lenience because of Covid (and a damsel-in-distress senario)

 

Personally, I would stay put.

 

[ThailandRyan]

25 minutes ago, VinnieK said:

Back to the main topic..

Who exactly came up with the 3 month overstay threshold?

I never heard of it.

Does it refer to the increase in blacklisting penalties?

These might be irrelevant to the OP.

Maybe she doesn't want  to return anyway

 

In my opinion ,if immigration is prepared to issue an extension after ,say.. 85 days overstay, they are likely to issue one for 100 days also.

Also, keep in mind the general lenience because of Covid (and a damsel-in-distress senario)

 

Personally, I would stay put.

 

You obviously are being sarcastic and having a laugh.  The 90 day rule has been in effect for oh so long and the new blacklisting terms have been posted ever since Big Joke was in charge of immigration.  Telling him to have her stay put is just ensuring she ends up in IDC, fined heavily, deported and banned for 5 years.  Silly advice from you really. Definitely a newbie who has no idea about immigration within the country.  She needs to get her paperwork sorted and exit the country ASAP after paying her 20,000 baht fine only at the airport and having the travel document from her embassy.  Once back in her country she can try to appeal her 1 year ban that she may be given.

[steve187]

16 hours ago, ThaiVisaCentre said:

As most countries extend from the last date of the current expiration in 5 to 10 year increments so there is little reason not to do these types of things ahead of time, and not leaving it down to a couple of months while living in a foreign country.

i think you are wrong there the maximum length of a passport can not exceed 10 years, so no unexpired time added on, but yes the g/f should have renewed in plenty of time, and when not received, should have chased it up as a matter of urgency, and to leave it with only a few days left is asking for trouble.

[ThaiVisaCentre]

5 hours ago, steve187 said:

i think you are wrong there the maximum length of a passport can not exceed 10 years, so no unexpired time added on, but yes the g/f should have renewed in plenty of time, and when not received, should have chased it up as a matter of urgency, and to leave it with only a few days left is asking for trouble.

 

The point is there is little reason to let your passport get that close to expiration. Especially knowing the current delays with embassies which have been in effect for almost a whole year now.

Most officers will not show any sympathy in a 100% avoidable situation, and assuming that you can use the embassy delay as an excuse is just bad planning.

Rule of thumb at the moment is apply for your renewal 6 months to 1 year in advance.

Edited February 13, 2021 by ThaiVisaCentre

[Tagged]

9 minutes ago, ThaiVisaCentre said:

 

The point is there is little reason to let your passport get that close to expiration. Especially knowing the current delays with embassies which have been in effect for almost a whole year now.

Most officers will not show any sympathy in a 100% unavoidable situation, and assuming that you can use the embassy delay as an excuse is just bad planning.

Rule of thumb at the moment is apply for your renewal 6 months to 1 year in advance.

To save trouble, always renew the passport before your visa runs out, so you start with a fresh new visa in a new passport. 

[Matreusse]

19 hours ago, jackdd said:

19 hours ago, Matreusse said:

Guess again.  The passport would be invalid, no airline will let passengers check in with an invalid passport, that was my point and that is why embassies issue emergency travel documents.  If passengers could check in with invalid passports what would be the point of ETDs?

For the case that you transit through another country which wouldn't accept an expired passport, or in case you lost your passport.

No country will allow the use of an invalid passport to leave that country, that's the point!

[ubonjoe]

12 minutes ago, Matreusse said:

No country will allow the use of an invalid passport to leave that country, that's the point!

They would if a valid passport was not needed to stay in the country they are leaving.

For example if they were on permanent residency and returning to their home country.

[Matreusse]

12 minutes ago, ubonjoe said:

27 minutes ago, Matreusse said:

No country will allow the use of an invalid passport to leave that country, that's the point!

They would if a valid passport was not needed to stay in the country they are leaving.

For example if they were on permanent residency and returning to their home country.

Regardless of whether a valid passport was needed to remain in a country (that isn't the issue), this discussion is about leaving the country and trying to board a plane.  No airline will allow a passenger on an international flight with an invalid passport.   

Edited February 13, 2021 by Matreusse

[ubonjoe]

1 hour ago, Matreusse said:

No airline will allow a passenger on an international flight with an invalid passport.   

Yes they allow it if a person is returning to their home country.

[Matreusse]

36 minutes ago, ubonjoe said:

Yes thet allow it if a person is returning to their home country.

If you say so!

Edited February 13, 2021 by Matreusse

[ubonjoe]

31 minutes ago, Matreusse said:

If you say so!

I am stating it from what I have read or heard of.

I am aware of Thais that traveled from the US on a expired passport that were on permanent residency there.

[Matreusse]

6 minutes ago, ubonjoe said:

37 minutes ago, Matreusse said:

If you say so!

I am stating it from what I have read or heard of.

Me too.   But we weren't talking about those with permanent residency.   

[ubonjoe]

6 minutes ago, Matreusse said:

But we weren't talking about those with permanent residency. 

I mentioned permanent residency before.

 

1 hour ago, ubonjoe said:

They would if a valid passport was not needed to stay in the country they are leaving.

For example if they were on permanent residency and returning to their home country.

 

[VinnieK]

12 hours ago, ThailandRyan said:

You obviously are being sarcastic and having a laugh.  The 90 day rule has been in effect for oh so long and the new blacklisting terms have been posted ever since Big Joke was in charge of immigration.  Telling him to have her stay put is just ensuring she ends up in IDC, fined heavily, deported and banned for 5 years.  Silly advice from you really. Definitely a newbie who has no idea about immigration within the country.  She needs to get her paperwork sorted and exit the country ASAP after paying her 20,000 baht fine only at the airport and having the travel document from her embassy.  Once back in her country she can try to appeal her 1 year ban that she may be given.

I bet 5k that she will get her extension.

I have been here for 17 years btw.

Was on 'feral' visas for a very long time (not anymore)

I know the score.

 

My question about the 90 days had nothing to do with  blacklisting

It was about getting an extension or not, after 90 days and over,,

What I was saying is that there's no magic number of days that once you cross over, you will get refused

 

 

I got my extension after a week of overstay and an expired passport (for the same duration)

The OP has an identical case but with a much higher overstay

Again...no-one knows the magic threshold for refusal

 

Choosing to self-deport (as you advised) is overkill imo

She will pay the 20k anyway and her return here looks grim with all the draconian rules for returnees.

I believe ,even if  they refuse her extension, they will give her a week to self-deport.

 

 

 

[DrJack54]

32 minutes ago, VinnieK said:

It was about getting an extension or not, after 90 days and over,,

What I was saying is that there's no magic number of days that once you cross over, you will get refused

There are numerous posts regarding where someone has been able to obtain extension even with ~ week overstay due to late application for extension.

Please point me to ONE example of someone successfully obtaining new extension with significant overstay.

The 7 days given by imm that you refer to is where someone applies for extension (with current permission of stay) knowing it will be refused and subsequent given get out of Dodge 7 days. 

 

 

[lexlam]

Thanks for all replies and comments guys!

The troubled lady reached BKK already, her embassy cooperated and issued to her a travel document today, along with a letter, she got these document today afternoon, 

The good news that I heard from her today with her BF when we met, her visa was expiried on the 17th Nov. not as I mentioned earlier 14th, it was mistype message from my friend (her BF), 

Also, the embassy helped her with an air-ticket as well,  booked the flight on tuesday, 

She's planning to go to the immigarion on Monday to pay her overstay with her travel document, along with letter from embassy and air-ticket at hand too, to avoid delaying process in the airport, 

 

I guess IO won't have to trouble her to pay her fines and leave 1 day before the 90 days limit, is this correct?

one last quest guys, as I remember some weeks ago read a topic about the type of masks that required on board is N95? I searched online and found N95 PM2.5, and 3M,  which one is required by airlines?

these little things may cause delay at airport or have to buy it so expensive from the freezone. 

Thanks for all comments guys helped to squeeze the time and reached a solution finally!

 

 

 

[DrJack54]

9 minutes ago, lexlam said:

She's planning to go to the immigarion on Monday to pay her overstay with her travel document, along with letter from embassy and air-ticket at hand too, to avoid delaying process in the airport

Well that's good news. 

I'm just wondering if she should concern herself with a visit to immigration.

I would be going straight to airport.

Read what the experts suggest. 

[lexlam]

3 minutes ago, DrJack54 said:

Well that's good news. 

I'm just wondering if she should concern herself with a visit to immigration.

I would be going straight to airport.

Read what the experts suggest. 

Her point to pay the fines on Monday at cheagwattana to be free from any hassels or delaying there, just to the boarding directly, 

or another option, can be advised to go to the airport tomorrow and pay the fines? then be free till the flight time, as she will take the covid test early monday,