Overstay Advice....

[SergeItalia]

This smily-face about says it all....

Hi. You guys have addressed Visa Overstays well. I've tried to check all previous posts, so as not to be repetitive, but still have a couple brief questions. I'm sure you've heard this all before, so let me first apologize for what is likely an old (and slightly pathetic) story.

Basic question is this: Can anyone give me advice or heads-ups, as I prepare to do a visa run after overstaying by about 6 months? Any suggestions would be a great help.

Key objective is this: Leave the country (to Cambodia, or elsewhere) for just a few days, pay B20k fine, not get arrested, not be black-listed, be able to re-enter Thailand on 30-day visa, and return to my flat in BKK w/ having only paid a fine.

Background

So as not to run on and on, I'll give the highlights in bullet point:

• Had a 1 year work visa in Thailand, working in BKK
  
• Visa expired just as the coup occured last year
  
• Travelled around the country until now; lived off savings - did not work
  
• Have contracts for 2 rented apartments in BKK (ie, might help to take copies?)
  
• Have dependable Thai girlfriend (thought would bring along on visa run, in case of being barred from returning or needing some assistance if arrested, but not sure if bringing her along would help or hurt at Immigration)
  
• US citizen, passport valid, presentable, clean up well, 37 yr-old male
  
• Plan to make the visa run from BKK to the Trat border crossing into Cambodia
  
• Last Thai visa was a proper 1 yr Thai work visa. Haven't left the country since it expired.
  

Questions

• In general, any advice come to mind? What problems am I likely to face?
  
• Arrest - do you think I'm likely to get arrested at the border crossing?
  
• Crossing Location - given the situation, is there a better crossing point than Trat (eg, Laos, or some point in Cambodia that is closer to BKK)
  
• Should I take anything with me (ie, airplane ticket, more cash than B25k, etc), even though I'm planning to return after just 3 days or so
  
• Would photo's, copies of anything help (ie, educational degrees, letter from next employer/visa sponsor, etc)
  

Thanks, everyone. I appreciate your time and all your help.

Serge....

[Crossy]

DO NOT OVERSTAY - ok, got that off my chest.

You have several options.

Go to immigration equipped with an air ticket out within 7 days, 'fess up and pay the fine, you should get a 7 day stamp to get you legal. NOTE that some have reported being told not to do the immigration route in case the man is having a bad (arresting) day.

Keep your head down and pay up at the airport, probably zero problem there.

DO NOT attempt a land crossing, firstly Cambodia may not let you enter with an overstay stamp, secondly, visa run buses have been stopped in the past and overstayers removed for imprisonment and deportation.

Edited May 24, 2007 by Crossy

[A_Traveller]

Agree 100% with Crossley, the land borders are not really an option under your circumstances, unless you are very fortunate. Fly out and the problems are, in most cases, minimal.

Someone I know who got into a similar situation flew, dressed smart and was quietly polite to the immigration team.

He returned subsequently with no problem.

Another suggestion is consider applying for a tourist visa whilst outside. In most cases the consulate looks at it from the point of view of normalising your position.

Regards

/edit typo //

Edited May 24, 2007 by A_Traveller

[PhilHarries]

I'd hardly call six months overstay "unintended", I mean it's not like you forgot the date.

Anyway to answer as best I can your questions.

Arrest? Not unless you get asked for ID before reaching the border. If you do you are in the sh1t, big time.

Crossing? Aranyaprathet/Poipet is the nearest I know but I think there's one to the west into Myanmar.

What to take? Airline/rail ticket out of Thailand dated within 30 days of your return. Additional cash may be advisable if you get refused re-entry and have to go get a tourist visa.

Other stuff? No.

The big Q is will you get back in without bother? On the face of it AFAIK there sould be no problems but, and it's a big BUT, the immigration officer has the final say and if you are coming back on a 30 day visa exempt stamp with evidence of previous significant overstay he may say no.

Why don't you fly down to Singapore or KL and get a tourist visa? Simple, a little hassle but guaranteed return.

btw be extra smart, polite and grovelling when you exit as they'll take any excuse to make your life unpleasant.

<edited> You just got better advice re the land crossing, take it.

Edited May 24, 2007 by PhilHarries

[SergeItalia]

DO NOT OVERSTAY - ok, got that off my chest.

You have several options...

Hey, thanks so much to all you guys. Great advice, and points well taken.

Two quick follow ups, if I may:

1. Fly to Pn Pen - rather than flying to Sing or KL, I'm thinking of flying to Phnom Penh, where I would make a tourist visa. Does this strike you as riskier, or just as good as Sing/KL?
   
2. Travel-on Ticket on Return - to confirm, if I make a proper Tourist Visa in Cambodia, I would then not need a ticket out of Thailand w/in 30 days, correct? That would be only if one enters Thailand w/ a 'visa on arrival", is that right?
   

Again, thanks much!

[lopburi3]

I believe there is a good chance he will not be allowed to return to Thailand on a visa exempt entry after a six month overstay under the new 90 day rules - but that is just my guess based on reports that the overstay days have been counted against that total for others.

Strongly advise an air departure. And a visa.

[Crossy]

Hey, thanks so much to all you guys. Great advice, and points well taken.

Two quick follow ups, if I may:

1. Fly to Pn Pen - rather than flying to Sing or KL, I'm thinking of flying to Phnom Penh, where I would make a tourist visa. Does this strike you as riskier, or just as good as Sing/KL?
   
2. Travel-on Ticket on Return - to confirm, if I make a proper Tourist Visa in Cambodia, I would then not need a ticket out of Thailand w/in 30 days, correct? That would be only if one enters Thailand w/ a 'visa on arrival", is that right?
   

Again, thanks much!

No problem Serge, that's why we're here

To answer your questions :-

I believe that Phnom Penh is NOT regarded as a 'friendly' embassy, Vientiane (Laos) is a better bet, alternatively Penang, KL or Singapore are ok for tourist visas.

If you have a proper tourist visa you are correct in assuming you do not need onward travel upon entering the Kingdom

[jdinasia]

Phnom Penh would be a HUGE mistake ... first they talk longer to process a visa for non-cambodians, second they will use any excuse to deny gving a visa to non-cambodians etc etc.

I'd bite the bullet ... get some paperwork and get on a plane ... head tp Australia or elsewhere with a friendly embassy/consulate or better yet honorary consulate and get a multi non-imm (B or O or whatever)

In October the Perth honorary consuate issued my non-imm B multi in 1.5 hours ... (I had all the paperwork in order)

BTW ... don't you think calling a 6 month overstay 'unintended' is a bit disengenuous?

Edited May 24, 2007 by jdinasia

[LaReina]

Immigration as someone said depends on who the officer is. A friend arrived by AIR, on an expired VISA!, was allowed into the country and advised to go to immigration and have the visa extended/fixed.

The person, was promptly thrown into detention at immigration. Mind you, they were "knowingly" allowed into the country on an expired visa!

[Maestro]

A friend arrived by AIR, on an expired VISA!, was allowed into the country and advised to go to immigration and have the visa extended/fixed.

The person, was promptly thrown into detention at immigration. Mind you, they were "knowingly" allowed into the country on an expired visa!

Everybody, please don’t believe the above story. That post is hearsay. Neither you nor I know the true story.

Depending on your nationality, arriving without a visa you are admitted for 30 days, or you need to get a visa on arrival, which gives you 15 days, or you are not allowed to enter, in fact the airline should not have allowed you to board.

If somebody got detained by immigration after his arrival in the country, it must have been for another reason altogether, for a reason which probably even the OP does not know.

--

Maestro