Three year overstay

[Zyte]

Elderly Aussie with health issues ( my neighbour ) has a problem , should he go straight to the airport buy a ticket pay the fine and go. He has been advised by an immigration volunteer that that he cannot do this and must surrender himself to the local immigration officer ( Pai ) , he is unable to make a decision.                                           The immigration office have been aware of him for at least a year without making a direct approach , except through the volunteer. I wonder what is the best thing to advise him.
Additional question , if he wants to take the airport option , can he travel on a domestic flight to Bangkok with an emergency issue passport , that has no valid visa stamps. How should he travel to Bangkok ?

[Tropicalevo]

Hand himself in.

As I understand it, if Immigration collar him before he does that, it is gaol (until sorted) and a bigger fine.

Here on Samui, Immigration used to check for overstays walking onto the ferries. (People heading for border bounces.) Bigger fines and more 'bonus's'.

To be fair, I have not heard of any cases lately.

If he hands himself in - be packed and ready to go. They will possibly deport him.

Re domestic travel - I use my Thai driving licence. No passport needed. Any photo id should be OK. (I once used a membership card for Taronga Zoo by mistake.)

However, every Immigration Office interprets the laws slightly differently.

Sounds like he has a friend in the local one.

[ubonjoe]

Best to go the airport and pay the 20k baht fine when leaving the country. He will banned from entering the country for at least a year.

If he went to immigration he might be detained and deported.

No problem to travel on a domestics flight. Showing his emergency passport since they only want to see the passport for identification purposes.

[Sparktrader]

3 years what he forget?

[OneMoreFarang]

I would look for a visa agent who you can trust.

 

A long time ago I had two years overstay. I was introduced to a guy who previously worked in immigration. I walked with him into that "pay fine" room in immigration, 5 minutes later we were in front of the officer, I paid 20k and all was done. I didn't have to leave the country.

 

In another case I know a guy had a few days overstay. He walked alone into immigration to sort things out before his flight in a couple of days. He had his flight ticket with him. The immigration detained him there and then and delivered him to the airport on the day of his departure.

 

I think it's as usual in Thailand: Talk to the right people and all will be sorted. To be fair my experience with my overstay was maybe 20 years ago. But I am sure the principle is still the same. Go there with well connected people.

[ubonjoe]

1 minute ago, OneMoreFarang said:

A long time ago I had two years overstay.

The rules have changed since then.

A overstay of more than 90 days now can result in being sent to the detention center for deportation after paying the 20k baht fine.

[Lacrimas]

20 minutes ago, OneMoreFarang said:

I would look for a visa agent who you can trust.

 

A long time ago I had two years overstay. I was introduced to a guy who previously worked in immigration. I walked with him into that "pay fine" room in immigration, 5 minutes later we were in front of the officer, I paid 20k and all was done. I didn't have to leave the country.

 

In another case I know a guy had a few days overstay. He walked alone into immigration to sort things out before his flight in a couple of days. He had his flight ticket with him. The immigration detained him there and then and delivered him to the airport on the day of his departure.

 

I think it's as usual in Thailand: Talk to the right people and all will be sorted. To be fair my experience with my overstay was maybe 20 years ago. But I am sure the principle is still the same. Go there with well connected people.

No, these days if you have to brib* better doing it directly at the source. I read recently of many people that thought they had their papers fixed but in reality the agency just took the money and did nothing.

[Lacrimas]

I'd do what the volunteer suggested and pay whatever 'fine' or tea money they ask trying to fix it as best as I can. Obviously he will have to leave the country so better he prepares a suitcase because usually deportation is instant. 

[DrJack54]

54 minutes ago, Zyte said:

Additional question , if he wants to take the airport option , can he travel on a domestic flight to Bangkok with an emergency issue passport , that has no valid visa stamps. How should he travel to Bangkok ?

He should exit Thailand and pay fine at airport. 20k baht.

 

Assume he has a passport.

For the domestic flight they will only look at photo page. 

 

[The Fugitive]

1 hour ago, Zyte said:

Elderly Aussie with health issues

Maybe that is the reason his local Immigration Office are 'sympathetic'. As already suggested by UbonJoe the safest course of action is to exit at airport, pay fine and accept a ban. But depending upon how elderly and how poor the guy's health is would it hurt to consult an agent before doing this? Appreciate that it may cost quite a lot. The other option would be a direct approach to an Immigration Officer in the hope that they would be receptive to making a 'special arrangement'. If the guy could find and take with him a Thai person of repute (such as a school teacher) it may greatly improve his chances of success. 

[DrJack54]

10 minutes ago, The Fugitive said:

But depending upon how elderly and how poor the guy's health is would it hurt to consult an agent before doing this? Appreciate that it may cost quite a lot

Not silly idea at all.

 

Problem is "elderly with 3 year overstay often = Skint"

 

I wonder if the guy has the 20k plus flight to Oz fare.

 

14k per year for agent retirement extensions in the past 3 years sounding very nice in hindsight.

 

As the song goes ...hit the road Jack.

[The Fugitive]

12 minutes ago, DrJack54 said:

I wonder if the guy has the 20k plus flight to Oz fare.

That's the nub of the problem. Does he have somewhere to stay when he gets there? Unlikely, if he is very elderly and skint he will have sold up long ago. Australia is especially expensive as are air fares in general at the moment. The more we think about it the more sense there is in him throwing himself upon the mercy of his local Immigration Office especially as they already know of his plight and are 'soft pedalling' so far?

[Onerak]

20 minutes ago, The Fugitive said:

Australia is especially expensive as are air fares in general at the moment.

Are not there any homeless shelters? Also, health care is free unlike in the USA. So what's the problem?

Edited October 9, 2022 by Onerak

[ThailandRyan]

45 minutes ago, DrJack54 said:

Not silly idea at all.

 

Problem is "elderly with 3 year overstay often = Skint"

 

I wonder if the guy has the 20k plus flight to Oz fare.

 

14k per year for agent retirement extensions in the past 3 years sounding very nice in hindsight.

 

As the song goes ...hit the road Jack.

Agree 100%, one also wonders if he has anywhere to actually fly to or if this is his only home....

[OneMoreFarang]

1 hour ago, Lacrimas said:

No, these days if you have to brib* better doing it directly at the source. I read recently of many people that thought they had their papers fixed but in reality the agency just took the money and did nothing.

I didn't pay any bribe.

 

The guy who walked with me worked previously in that immigration office and he knew everybody.

"My guy" is now up country enjoying his retirement, but I am pretty sure similar people still exist. 

 

I know the rules have changed and I guess there is also a good part of flexibility for each officer. My point was and is: Look for an expert and sort it out. Such experts exist and IMHO it's a lot better to find the right person than risk being detained.

 

[metisdead]

An off topic post has been removed. 

[The Fugitive]

10 minutes ago, Onerak said:

Are not there any homeless shelters? Also, health care is free unlike in the USA. So what's the problem?

Good point about free healthcare. If the guy is both elderly and skint he is likely to need treatment at some stage but will be unable to pay for it in Thailand. As regards homeless shelters would anyone who rocked up in Australia be entitled to accommodation?  

[BritTim]

Surrendering at the local immigration office is extremely high risk. It is really a last resort. Indeed, it can force immigration to take action where they have previously been turning a blind eye to the situation.

 

His financial situation is an absolutely critical factor.

 

If he has the finances to return to Australia and live there (and wishes to do so) arrange to leave as soon as possible. The domestic flight is no problem. The airline does not care about the overstay, and you do not pass immigration until leaving in Bangkok. The fine will be 20,000 baht, and he will be banned from return to Thailand for a period that depends on the length of his overstay (three to five years).

 

If he is financially secure, and wants to stay in Thailand, there are fixers who can resolve this situation. I am not aware of the current costs, but it will not be cheap.

[Sheryl]

"should he go straight to the airport buy a ticket pay the fine and go"

 

Absolutely. And since OP specificall yasked this I think we can assuem his friend does have the means to do this.

 

This is the only option that will avoid risk of imprisonment in the IDC.

 

Advice given by immigration volunteer in Pai is totally wrong.

 

When passport is checked at airport it is usually just the face page, for purposes of identification. But if really concerned, travel by bus/van.

 

 

[The Fugitive]

9 minutes ago, BritTim said:

Surrendering at the local immigration office is extremely high risk. It is really a last resort. Indeed, it can force immigration to take action where they have previously been turning a blind eye to the situation.

 

His financial situation is an absolutely critical factor.

 

If he has the finances to return to Australia and live there (and wishes to do so) arrange to leave as soon as possible. The domestic flight is no problem. The airline does not care about the overstay, and you do not pass immigration until leaving in Bangkok. The fine will be 20,000 baht, and he will be banned from return to Thailand for a period that depends on the length of his overstay (three to five years).

 

If he is financially secure, and wants to stay in Thailand, there are fixers who can resolve this situation. I am not aware of the current costs, but it will not be cheap.

Totally sound advice! The guy is obviously concerned and seems to wish to get the matter 'regularised'. Given that, it's strange he's let it go for 3 years? As you point out, continuing keeping his head down is safer than surrendering to the Immigration Office even with a prepared explanation, representation and offering some form of arrangement. It all comes down to his personal financial situation.

[TaoNow]

Out of curiosity, it would be relevant to know what the health issue is.

 

If I had a terminal illness with, say, a year or two to live, I would risk just being on continued over-stay, as long as I had compassionate end-of-life care...

 

...rather than huffing it back to Oz or some other country where the hospice care might be worse.

 

It's my opinion that Thailand Immo is not concerned about these kind of over-stayers.  They want to nab the international criminals or those with excessive debts to Thai institutions (e.g., courts, hospitals, etc.).

 

Is OP's friend's in an end-of-life situation?

[Damrongsak]

8 hours ago, OneMoreFarang said:

... I think it's as usual in Thailand: Talk to the right people and all will be sorted. To be fair my experience with my overstay was maybe 20 years ago. But I am sure the principle is still the same. Go there with well connected people.  ...

For sure.  44 years ago I had to get a Thai person to vouch for my character at the office in Muang Loei that registers marriages.  I put my old, somewhat infirm landlord in a samlor and went in there.  He was immediately recognized and the apologies flowed for inconveniencing an old man.  I think he probably had relatives working there.  At any rate, he had been the Superintendent of Education for all of Loei Province I think.  We were in and out in a couple minutes. 

[Sparktrader]

5 hours ago, Sheryl said:

"should he go straight to the airport buy a ticket pay the fine and go"

 

Absolutely. And since OP specificall yasked this I think we can assuem his friend does have the means to do this.

 

This is the only option that will avoid risk of imprisonment in the IDC.

 

Advice given by immigration volunteer in Pai is totally wrong.

 

When passport is checked at airport it is usually just the face page, for purposes of identification. But if really concerned, travel by bus/van.

 

 

Buses and trains may check passport

[Sheryl]

2 hours ago, TaoNow said:

Out of curiosity, it would be relevant to know what the health issue is.

 

If I had a terminal illness with, say, a year or two to live, I would risk just being on continued over-stay, as long as I had compassionate end-of-life care...

 

...rather than huffing it back to Oz or some other country where the hospice care might be worse.

 

It's my opinion that Thailand Immo is not concerned about these kind of over-stayers.  They want to nab the international criminals or those with excessive debts to Thai institutions (e.g., courts, hospitals, etc.).

 

Is OP's friend's in an end-of-life situation?

 

No way is hospice care worse in Oz than in Thailand, where it is essentially non-existant.

 

However no reason to think this is a terminal situation. OP just said he had health issues, not that he is dying.

 

There have been well publicized arrests of elderly farang with health problems, disabilities etc by Thai immigration in the past. Thai immigration can and will nab any over-staying who comes to  their attention regardless of age and health.

[NoDisplayName]

25 minutes ago, Sparktrader said:

Buses and trains may check passport

In that case carry a photocopy of the passport ID page, or a photo on his cellphone.  Don't offer the physical passport for domestic transport.

[heybuz]

19 hours ago, Onerak said:

Are not there any homeless shelters? Also, health care is free unlike in the USA. So what's the problem?

If he has been away for that length of time to qualify for free health care there is a waiting period of two years on return, maybe the gov will take pity on him as I'm guessing he may have old timers disease.

 

[Olmate]

8 minutes ago, heybuz said:

If he has been away for that length of time to qualify for free health care there is a waiting period of two years on return, maybe the gov will take pity on him as I'm guessing he may have old timers disease.

 

Not correct re waiting period.Easy to check his former medicare record and will be eligble.

[JimHuaHin]

"... should he go straight to the airport buy a ticket pay the fine and go. He has been advised by an immigration volunteer that that he cannot do this and must surrender himself to the local immigration officer ( Pai ) , he is unable to make a decision.  The immigration office have been aware of him for at least a year without making a direct approach , except through the volunteer."

 

Clearly the IO is aware of him and his situation, and have been unwilling to act until now.

 

Has your friend asked the volunteer what will happen to him after he surrenders to the IO and what his options are?

 

If your friend has more information on what the IO plan do do with him, it will help him make a decision.

 

You friend may also want to inform the volunteer of his full situation.  For example, I am elderly and have health issues, but I have been able to continue to annually extend my "retirement visa".  I have no family in Australia, no relatives with whom I have been in contact with over the past 50-odd years, and all my friends In Australia are either dead or 85+ years old.  I am not eligible for any Australian government pension or assistance (to my knowledge).  I have no need or desire to return to Australia, and wish to die here.

 

Maybe if your friend is in a similar situation, his local IO maybe "persuaded" to work out a solution in his favour.

 

Good luck.

[heybuz]

22 minutes ago, Olmate said:

Not correct re waiting period.Easy to check his former medicare record and will be eligble.

i stand corrected

 

[Orinoco]

Go Straight to Airport.

Do not pass local immigration.

Do not collect agents.

 

 

Edited October 10, 2022 by Orinoco