Passport Agent Visa Saga.

[marquess]

I need to some advise re an ongoing  situation concerning my passport that has been  going on for 11 months. An agent whom I had previously dealt with successfuly for 5 years and whom I returned to after an interval of 4 years who has failed to live up to her promises. A conversion from a non B WP to a non immigrant O marriage has failed to materialise after repeated promises that it is in hand and various excuses about the delay.

 

To cut a long story short I went to the police just over a month ago and explained the situation and was advised to place a notice on door of the agent's premises laying a out a deadline. When this failed to bring about a result the matter was officialy registered with the police and on a subsequent visit to the agent they set a deadline which is coming up in the next few days.

 

Can anyone advise on the legal position re dealing with immigration with a police report in hand and what the procedure is to get a replacement passport? Thanks 

[al valio]

I'd say you need to get the replacement passport from your embassy? So you need to ask them what paperwork they need.

[BritTim]

4 hours ago, marquess said:

Can anyone advise on the legal position re dealing with immigration with a police report in hand and what the procedure is to get a replacement passport? Thanks 

The process is:

1. Police report [DONE]
2. Get replacement passport. The correct procedure depends on your nationality. If you tell us what that is, someone on here probably knows the exact procedure. Usually Google can tell you, and your embassy definitely can (though some embassies are difficult to get in touch with promptly).
3. Go to immigration with the replacement passport, police report, and letter from your embassy to Thai immigration asking them to recognise the new passport as a replacement for the lost/stolen one. Follow the officials' advice on any remaining steps. This could become very tricky if the trouble with the agent has put you on overstay.

 

[novacova]

10 minutes ago, BritTim said:

The process is:

1. Police report [DONE]
2. Get replacement passport. The correct procedure depends on your nationality. If you tell us what that is, someone on here probably knows the exact procedure. Usually Google can tell you, and your embassy definitely can (though some embassies are difficult to get in touch with promptly).
3. Go to immigration with the replacement passport, police report, and letter from your embassy to Thai immigration asking them to recognise the new passport as a replacement for the lost/stolen one. Follow the officials' advice on any remaining steps. This could become very tricky if the trouble with the agent has put you on overstay.

 

And don’t forget to take photos of the id page of the passport, visa and permission to stay immediately after each stamp/entry before you lose the passport???? then email it to your self for safe keeping.

[DrJack54]

4 hours ago, marquess said:

Can anyone advise on the legal position re dealing with immigration with a police report in hand and what the procedure is to get a replacement passport?

Big issue. 

This police report is being done many months late.

When did your previous permission of stay end. 

 

Some agents don't even touch non O marriage extensions. 

 

Assume your agent is not a known company. 

11 months!! Should have done a lost/stolen police report ages ago. 

[marquess]

It's a company, and I have a British passport. Yes, it should have been done months ago, but wasn't due to my faith in the agent for having done extentions for me for 5 years without an issue including marriage visas. Along with the constant assurances that it would be done. 

 

[piston broke]

7 minutes ago, marquess said:

It's a company, and I have a British passport. Yes, it should have been done months ago, but wasn't due to my faith in the agent for having done extentions for me for 5 years without an issue including marriage visas. Along with the constant assurances that it would be done. 

 

if you haven't renewed your extension for "several months" - you are in severe over stay ....

 

No letter from the police going to dig you out of the mire you are now in - You and only you are responsible to renew your extension - If you have trod water for months on end waiting for the visa company to sort - more fool you ....

 

Sorry to be the bearer of bad news......

[NoshowJones]

3 hours ago, novacova said:

And don’t forget to take photos of the id page of the passport, visa and permission to stay immediately after each stamp/entry before you lose the passport???? then email it to your self for safe keeping.

I did that and it didn't help me, I showed it to the guy at the agency, and he said he would take it to immigration, then got back to me and said that immigration would not accept it.

[BritTim]

56 minutes ago, marquess said:

I have a British passport

The procedure to get a replacement passport starts at https://www.gov.uk/overseas-passports.

 

Note that you are required to formally cancel your old passport before applying for the replacement. Also, it will normally take 6+ weeks before you have a replacement passport in hand.

 

Given that it is 11 months since this horror show started, I think you need to find out your current immigration status. I would advise using an immigration lawyer to find out. You do not want to turn up at immigration yourself with an overstay of this length. If it transpires you are on a lengthy overstay then, rather than visiting immigration, either look for a fixer who can resolve the situation (for a hefty price) or prepare quickly to leave Thailand using an emergency passport (that the UK Embassy can provide within a day or two). If leaving on a long overstay, expect to be blacklisted from returning to Thailand. Hopefully, your permission to stay was extended before the agent lost your passport. There is a good chance of this, but the failure of the agent to return your passport might well be because they left it too late to apply for the extension, and were unable to resolve the mess this created.

 

Good luck!

[Neeranam]

I don't see how the police would be interested in this as using an agent for this is not legal. 

[DrJack54]

1 hour ago, marquess said:

It's a company, and I have a British passport.

You stated this.....

 "I went to the police just over a month ago and explained the situation and was advised to place a notice on door of the agent's premises laying a out a deadline".

 

If he has an office then why not go there. You state "it's a company " 

The places that I'm familiar with have a physical presence.

Like the many mention on AseanNow.

ThaiVisaCentre, Maneerat, KeyVisa etc etc. 

 

[marquess]

It's a company, and I have a British passport. Yes, it should have been done months ago, but wasn't due to my faith in the agent for having done extentions for me for 5 years without an issue including marriage visas. Along with the constant assurances that it would be done. 

 

I did go to the company and got no joy and the police have been there too and will be going back again on  31st.  

 

[marquess]

I know what the status, a source has checked it. The visa has not been issued.

[DrJack54]

6 minutes ago, marquess said:

I know what the status, a source has checked it. The visa has not been issued.

Means? You are currently on serious overstay?

[BritTim]

2 hours ago, Neeranam said:

I don't see how the police would be interested in this as using an agent for this is not legal. 

Firstly, what illegal activity do you think happened? Far often than not, people arranging work permits and extensions of stay based on working either use a lawyer/agent themselves, or have their employer arrange everything, again often with the help of an intermediary. The procedure is not as convoluted as it was decades ago, but still something busy people do not usually want to deal with. The use of an agent to get together the paperwork, and sort everything out is legal and normal.

 

Secondly, he already has a police report. The interest or disinterest of the police in the situation has become moot.

 

There is no suggestion at this time that a criminal case should be initiated (except, if he is unlucky, against the OP for his immigration status). Any action against the agent for negligence (usually to be avoided in Thailand, though I would consider it in this case) would be a civil action between the OP, his lawyers, the agent and the agent's lawyers. The police would have no involvement.

[marquess]

This case was accepted by the prosecutor as criminal and went to court where the judgement went against the agent. The court ruling however means nothing to immigration even though I was exonerated and the agent branded a liar a cheat in the sitation.