Friend Told He's On Overstay By Sri Racha Immigration

[sumrit]

Hi, I need some URGENT advice for a friend of mine. This guy is 66 years old and comes from Sweden and has been living with his gf here in Chonburi for about two years now. Last year he went back to Sweden for one month and renewed his visa while he was there at the Thai Embassy. The Thai lady there told him his just had to report to immigration in Thailand every 90 days and fill in a TM.47 form. He came back to Thailand in September last year. When I saw his visa it was a one year non imm O and told him he had to go to the border, not immigration, every 90 days but he insisted he didn't and in December (a few days before he had to in case I was right) he went along to Sri Racha immigration with his passport and his completed TM.47 form. They checked everything then stapled a form into his passport stamped to say he could remain for a further 90 days (only the form was stamped, not his passport). In March of this year he went back and they did exactly the same thing, stamped to say he could remain until 12th June. He went back this morning but when they looked at everything they told him he should have been leaving the country every 90 days. They took the form out of his passport then told him he had a serious overstay problem, explained the retirement visa option to him, before telling him to leave. He asked for the form from his passport to be returned or at least a letter from them stating that he had been coming to them to get a 90 day stamp but they simply refused to give him anything and told him to leave. So now all he has is a passport with a one year non O visa in it and a stamp from the airport saying he arrived here in Thailand on 20th September 2006. He's got nothing else so it just appears that he's on 6 months overstay.

Although he should have double checked when I told him he sould be doing border runs he went to immigration at Sri Racha not once but twice at 90 day intervals and they balls up both times, but now he can't prove it.

WHERE DOES HE GO FROM HERE?

Edited June 8, 2007 by sumrit

[Firefan]

Auch! Looks to me that he will need to head to the airport (not land border) and leave country. He should not get caught in Thailand. At airport he will pay the max overstay fine which is Baht 20.000 (last I checked). Considering he has "saved" 3 border runs he is actually only about Baht 14000 in red on this episode.

Maybe a cheap Air Asia flight somewhere?

When he returns (before 20th Sept 2007 of course) he will get 3 months stamped in.

Of course he could also decide to fly to Sweden to slap that embassy girl around, or sweet talk her into a new visa despite old one not expired...doubtful though.

That fact that 90 day reportings were accepted in Thailand is really not relevant - 90 day reporting is not in any way connected with the legal visa stay the way it works today.

Cheers!

[sumrit]

Auch! Looks to me that he will need to head to the airport (not land border) and leave country. He should not get caught in Thailand. At airport he will pay the max overstay fine which is Baht 20.000 (last I checked). Considering he has "saved" 3 border runs he is actually only about Baht 14000 in red on this episode.

Maybe a cheap Air Asia flight somewhere?

When he returns (before 20th Sept 2007 of course) he will get 3 months stamped in.

Of course he could also decide to fly to Sweden to slap that embassy girl around, or sweet talk her into a new visa despite old one not expired...doubtful though.

That fact that 90 day reportings were accepted in Thailand is really not relevant - 90 day reporting is not in any way connected with the legal visa stay the way it works today.

Cheers!

Will they stamp his passport as overstayed and will he have any problems getting back into Thailand because of it if they do?

[Firefan]

He will get a stamp stating he overstayed, but it is not a black list as such and he can get right back in for another 3 mth stamp. Cheers!

[sumrit]

As he will have this extra expense and his visa will need to be renewed in September any way are there any neighbouring countries to Thailand where he can get a new one year multi non imm O visa or would he still have to go back to Sweden for that? cheers

[Firefan]

Kind of depends on what kind of visa he is on. Non-O based on what?

If just; visitingfriends/living with girlfriend I would say his best chance is to get again in Sweden.

You have probably already told him to look into a retirement visa (Non-O based on retirement). 800k Baht in the bank and no need to leave country every 3 months.

Cheers!

[lopburi3]

1. If they explained the retirement option and he was not interested it seems he may not have 800k or 65k income - but it is what he should have.

2. The only local place he might obtain a multi entry visa would be Singapore and they will require proof of 800k in a bank account (although it need not be Thailand). Otherwise he is best returning to home country or perhaps Oz.

3. As said the 90 day report has nothing to do with his stay in Thailand. They were stamping his TM.47 receipt with the date he was due to report again and only checking that, passport name/number and his arrival card. This time they noticed he had no extension of stay stamp.

4. As also said get out of country ASAP by air and have 20k for overstay fine. Immigration could have detained him but did not to allow him time to get it together so please make sure he understands what is required. I suspect he will listen to you this time.

[sumrit]

1. If they explained the retirement option and he was not interested it seems he may not have 800k or 65k income - but it is what he should have.

2. The only local place he might obtain a multi entry visa would be Singapore and they will require proof of 800k in a bank account (although it need not be Thailand). Otherwise he is best returning to home country or perhaps Oz.

3. As said the 90 day report has nothing to do with his stay in Thailand. They were stamping his TM.47 receipt with the date he was due to report again and only checking that, passport name/number and his arrival card. This time they noticed he had no extension of stay stamp.

4. As also said get out of country ASAP by air and have 20k for overstay fine. Immigration could have detained him but did not to allow him time to get it together so please make sure he understands what is required. I suspect he will listen to you this time.

Thanks for your help. From the way he was talking last December he had told the Thai Embassy in Sweden he wanted to retire to Thailand and he thought they had given him a retirement visa and didn't believe me when I said they hadn't. He had shown them his Swedish pension of about 40K baht per month and thought he had got away with having to top it up with any money in a Thai bank. To his cost he's found out different.

[Badbanker]

1. If they explained the retirement option and he was not interested it seems he may not have 800k or 65k income - but it is what he should have.

2. The only local place he might obtain a multi entry visa would be Singapore and they will require proof of 800k in a bank account (although it need not be Thailand). Otherwise he is best returning to home country or perhaps Oz.

3. As said the 90 day report has nothing to do with his stay in Thailand. They were stamping his TM.47 receipt with the date he was due to report again and only checking that, passport name/number and his arrival card. This time they noticed he had no extension of stay stamp.

4. As also said get out of country ASAP by air and have 20k for overstay fine. Immigration could have detained him but did not to allow him time to get it together so please make sure he understands what is required. I suspect he will listen to you this time.

Thanks for your help. From the way he was talking last December he had told the Thai Embassy in Sweden he wanted to retire to Thailand and he thought they had given him a retirement visa and didn't believe me when I said they hadn't. He had shown them his Swedish pension of about 40K baht per month and thought he had got away with having to top it up with any money in a Thai bank. To his cost he's found out different.

Be very careful about how he goes to the airport and make sure he has a confirmed ticket out of Bangkok and the requisite 20,000 baht and he should be OK.

At the moment there are several older men at the Immigration Detention Center that are in a similar boat and they are not happy or healthy, with one of them dying last Sunday night from advanced cirrosis of the liver.

Badbanker

[WilliamIV]

This is a Horror story

Seems that 90 day reporting of ones address

having nothing to do with Visa Extension is a common misunderstanding

Another Lesson to be learnt - ALWAYS make Photocopies of Documents

Please do tell us what happens

[WilliamIV]

Sumrit

You say he has been staying for TWO years

So - what happened during the FIRST year?

Bill

[lopburi3]

It really has nothing to do with photocopies - he just did not exit Thailand on or before his permitted to stay until date. He never obtained a new permitted to stay until stamp - all he got was the normal "THIS IS NOT AN EXTENSION OF STAY Please Notify Your Address Again On xx xxx xxxx" or similar wording on his 90 day address report receipt.

Yes it does seem to be a misunderstanding that some have and believe immigration probably should check for this on the first 90 day report - but I also know that they do not have much time for such a check using the present system and that those that work in one area have not always been concerned with the other so it is not unexpected that they do not review each others stamps.

But in the end it is up to us to know and abide by the rules. In this case he was warned by his friend but chose to believe what he wanted to believe rather than asking questions while he was at Immigration the first time; or so it seems.

[sumrit]

Sumrit

You say he has been staying for TWO years

So - what happened during the FIRST year?

Bill

He originally came here on a 3 month non O on an extended holiday then went back home and renewed it with a 12 month non O because he'd moved in with his gf and wanted to give that a year to develop first, so when that visa finished he went back home to sort a few things out and, as he thought, get a retirement visa to stay here permanently.

He's just come round to my house after getting back from Sri Racha (looking quite sheepish) and I've shown him the advise on here. He's gone off to try to arrange a flight somewhere as quickly as possible. He's then going to arrange a proper retirement visa as soon as he can when he gets back.

Thanks for all your help.

[WilliamIV]

If he is able to satisfy the Retirement requirements

maybe he need only return to the Sri Racha Immigration

- you say they were suggesting that way out?

Maybe they are prepared to consider giving him the extension - if he qualifies?

Lopburi - I accept that photocopies of his 90 day reporting slips will not make him legal

but they would have shown that he had followed and satisfied THAT requirement

AND support his story if he choses to tell it when leaving

Maybe have a written translation into Thai of what happened

But I think I would only have such papers in my pocket for an unexpected emergency

better I think to "go with the flow' and just pay up the Bht20,000 if indeed that is ALL that is required.

[lopburi3]

He is not going to be fined for non address reporting - he overstayed and will be fined for that.

He can not go from overstay to a retirement extension of stay - he must pay his fine and leave the country.

On return he can check the retirement option - if his verified pension is the 40k indicated he will need to have about 300,000 baht in a bank account here for a period of 3 months prior to application.

[sumrit]

On return he can check the retirement option - if his verified pension is the 40k indicated he will need to have about 300,000 baht in a bank account here for a period of 3 months prior to application.

When I spoke to him a little while ago he said his gross pension was about 65K baht but they stopped 32% in taxes in Sweden. Could he get a letter verifying his income from the Swedish embassy quoting his gross pension or does it have to be net income? If it's gross he wouldn't have to put money in a Thai bank and wait three months. (this would also help me when I apply for my retirement visa, and probably many others as well)

[lopburi3]

It is gross income so he should be good to go.

[sumrit]

It is gross income so he should be good to go.

Thanks for your help Lopburi3

[astral]

Last year he went back to Sweden for one month and renewed his visa while he was there at the Thai Embassy.

Firstly you cannot renew a visa at an embassy,

only get a new visa

They checked everything then stapled a form into his passport stamped to say he could remain for a further 90 days (only the form was stamped, not his passport). In March of this year he went back and they did exactly the same thing, stamped to say he could remain until 12th June. He went back this morning but when they looked at everything they told him he should have been leaving the country every 90 days.

It sounds as though he has a multi-entry visa, not a 1 year retirement visa

and SOMEONE screwed up really badly in the Sri Racha office when they allowed him to do a 90 day report.

Possibly the screw up was at the airport when he arrived?

What date and period of entry is show on the entry stamp.

Anyway, that is neither here not there now.

He just needs to fly down to Penang and back on AirAsia, all in one day will suffice.

On re-entry to LOS he will get another 90 days.

He should then look at extending this stamp for a whole year to avoid problems in the future.

[sumrit]

Firstly you cannot renew a visa at an embassy,

only get a new visa

They checked everything then stapled a form into his passport stamped to say he could remain for a further 90 days (only the form was stamped, not his passport). In March of this year he went back and they did exactly the same thing, stamped to say he could remain until 12th June. He went back this morning but when they looked at everything they told him he should have been leaving the country every 90 days.

It sounds as though he has a multi-entry visa, not a 1 year retirement visa

and SOMEONE screwed up really badly in the Sri Racha office when they allowed him to do a 90 day report.Possibly the screw up was at the airport when he arrived?

What date and period of entry is show on the entry stamp.

Anyway, that is neither here not there now.

He just needs to fly down to Penang and back on AirAsia, all in one day will suffice.

On re-entry to LOS he will get another 90 days.

He should then look at extending this stamp for a whole year to avoid problems in the future.

1. 'Renew' was just my way of saying he went back to get a new visa. Sorry if it was confusing.

2. As I said he told the thai lady at the embassy in Sweden he was going to retire in Thailand and he thought she had told him it was a retirement visa when in fact she had given him a one multi entry non imm O visa to enable him to get an extension based on retirement here in Thailand. He is adament though that she did tell him he only had to go to immigration every 90 days and not go to the border.She even told him he had to use form TM.47.

3. He arrived back in Thailand on 25th September 2006 and in December, because I was about to do my own visa run, he shew me his passport and told me he only had to go to immigration. Itold him then he had only got a non imm O visa and needed to do a visa run. He decided to go Sri Racha immigration a couple of days early in case I was right.

4. At Sri Racha immigration they just completed the bottom portion of the TM.47 and stapled it into his passport, not just in December, but again in March' they couldn't have looked in his passport properly so IMO yes they did screw up big time, but then after I had told him about it he should have made a point of showing them his visa to double check everything was alright. So IMO he also screwed up, an expensive mistake. At least when they did realise the mistake they let him go home and gave him the chance to put things right.

When I went to see him this morning he said he was going to go to either Penang or Singapore next week. He's just scared they won't let him come straight back because of the overstay. When he gets back he's going get an extension based on retirement as soon as he can. It looks like his pension will be enough on its own so he won't have to transfer money over to Thailand and wait for three months but if he does he can do one more visa run before his visa expires.

[astral]

He's just scared they won't let him come straight back because of the overstay.

As long as he has paid the fine and exited legally I do not believe he will have any problem

re-entering the Kingdom.

[sumrit]

He's just scared they won't let him come straight back because of the overstay.

As long as he has paid the fine and exited legally I do not believe he will have any problem

re-entering the Kingdom.

Cheers, I've told him that as well as other posters on here. And he's not got any other choice now has he.