Overstay and new passport

[Mui8899]

Good morning to everyone on the Forum.

I'm ready to hear all your negative comments and judgments because I deserve it, but I need to ask for information regarding the renewal of my passport: I've been overstaying for years and now it's time to go home, because the only people that kept me in Thailand (my wife and son) died in a car accident. I have to renew my passport: does the renewal at my Embassy have anything to do with the fact that I am overstayed? Could they check and not issue the passport? Thanks to anyone who wants to respond and I want to apologize to everyone.

[UWEB]

Your Embassy can't refuse to issue a new Passport, may be you can get an emergency travel Document from your Embassy to leave Thailand a.s.a.p.  to avoid being arrested and deported.

[Ohyesuare]

Sorry for your loss. Your home embassy doesn't have access to the Thai immigration database, nor could they refuse you a passport or entry to the country if you are a citizen. That doesn't mean that it's impossible somebody at the embassy won't tip off Thai immigration though. But either way, you are going to have to pay 20,000 to leave and you will be banned for a certain number of years but that doesn't seem like it will matter to you. As the poster above says, get a temp emergency passport issued by your embassy and leave ASAP. 

[sandyf]

You say it is time to go home and exactly what you should do ASAP. Getting picked up on leaving carries a lesser penalty than getting caught out.

Think it is 20K to be paid and deported, should be able to travel to home country on an expired passport.

[digbeth]

You better research how you would deal with the situation should you be apprehended while waiting for your passport in order to not be sent to immigration detention center ie, have fine ready and ticket out, otherwise if you didn't surrender on your own terms, it could be expensive and inconvenient for you, from arranging for a ticket out while being detained mean going through their 'approved' travel agents and airlines and maybe limited destination you could exit to like passport country only

[eyeman]

 

If you're from the UK you can get an ETD (Emergency travel document) in Bangkok, bring some form of ID though or they won't let you even in the elevator, the staff are fine and even advise about going to the airport and procedure at airport etc.. - they are not in the business of grassing people up, they want to see you on your way with minimal bother.  There used to be contact details for booking an appointment on gov.uk but probably just easier to call the embassy during working hours.  At least for UK people, I think renewing the passport here would be a bad idea as that would involve a longer wait and you need various forms of ID, proof of address, and involving another agency (VFS) I don't think it's a good idea.  Someone mention you should be able to travel on your expired passport back to your country of origin, that may be true, but you would need to go direct I believe which limits you to EVA and Thai if UK, and still it's down to check-in manager to accept you, probably need to find someone with first hand experience on that before betting on it.

Once you have you ETD, and your booked flight, just head to airport, have 20k in cash ready, and be prepared for ban of a number of years, best to arrive 3hrs before departure as they guys like to make over-stayers sweat that they will miss their flight by taking forever to process it, they time it perfectly so you basically have to run to the gate. Other than that no issues, ignore any fear mongering, so much false information on this forum about how it goes - it's straight forward.. 20k, a few stamps, a ban and off you pop. Sure, there's theoretical chance you're in an accident on the way to the airport and then taken into custody if the police just so happen to able to ascertain your immigration status, but so ridiculous to worry about that, you can get hit by bus too and you might win lottery tomorrow...
 

[DrJack54]

OP, passport country?  Assume current pp is expired?

 

asap obtain new pp or emergency travel doc.

Pay 20k at airport and be given a ban according to length of overstay.

 

[Liquorice]

OP, I recommend calling your Embassy for some advice on the matter.
Theoretically, you can return to your home Country on an expired Passport if it's a direct flight, in which case, if not, an emergency travel document may be simpler to obtain.
Your overstay will be none of their concern.

 

Sorry for your loss.

[ChaiyaTH]

44 minutes ago, Liquorice said:

OP, I recommend calling your Embassy for some advice on the matter.
Theoretically, you can return to your home Country on an expired Passport if it's a direct flight, in which case, if not, an emergency travel document may be simpler to obtain.
Your overstay will be none of their concern.

 

Sorry for your loss.

Disagree, my embassy (european) does not do passport renewals if you are not on a valid visa in the country. That would be a special case aka emergency passport and I actually would wonder if they do it without any hassles too.

[Chivas]

I would be attending your embassy in person and speaking directly to the consulate section.

Clearly you dont want to be inadvertantly picked up in the interim with no valid visa or passport but Embassies are not in the business of making further problems for themselves

 

Sorry for your loss but am not being harsh when I say whats thats got to do with being frankly an illegal in the first place for years...thats clearly deliberate

[Liquorice]

28 minutes ago, ChaiyaTH said:

Disagree, my embassy (european) does not do passport renewals if you are not on a valid visa in the country.

His visa expired years ago, as did mine and probably yours, but let's not get off-topic.

Not all Embassies issue passports, they outsource to the VFS.
His Embassy is there to give him advice in just such situations, that would be my first port of call.

[ChaiyaTH]

20 minutes ago, Liquorice said:

His visa expired years ago, as did mine and probably yours, but let's not get off-topic.

Not all Embassies issue passports, they outsource to the VFS.
His Embassy is there to give him advice in just such situations, that would be my first port of call.

We not deal with VFS at all, i do not get your reply at all, zero relevance to my comment. What i stated was very clear; many embassies do not renew when your status here is not legal, so that could require you to first need to give up to authorities, in order to have the paperwork satisfying them to get you a new emergency passport. That could also mean detention in the meanwhile. 

 

To overstay is not a big thing at all, to actually let ones passport expire and ignore it, is very unwise, let alone if your doing both...

[Liquorice]

5 minutes ago, ChaiyaTH said:

We not deal with VFS at all, i do not get your reply at all, zero relevance to my comment. What i stated was very clear; many embassies do not renew when your status here is not legal, so that could require you to first need to give up to authorities, in order to have the paperwork satisfying them to get you a new emergency passport. That could also mean detention in the meanwhile. 

 

To overstay is not a big thing at all, to actually let ones passport expire and ignore it, is very unwise, let alone if your doing both...

No, a long overstay could land you in detention, an expired passport isn't an offence.

[CartagenaWarlock]

Why did you overstay? Your wife did not know or did not care. Why did you not get a new passport before it expired? This story sounds fishy to me. People with family are extra careful. What would have happened to your family if you'd been caught? Did you not think about it while overstaying on an expired passport? You don't mention your country to get any country-specific information. 

[sandyf]

1 hour ago, Liquorice said:

an expired passport isn't an offence.

It is a breach of the Immigration Act, unless you are in one of the 3 groups of aliens allowed to be in Thailand without a valid passport.

Somehow I doubt that woud apply to anyone on this forum.

[Hummin]

1 hour ago, CartagenaWarlock said:

Why did you overstay? Your wife did not know or did not care. Why did you not get a new passport before it expired? This story sounds fishy to me. People with family are extra careful. What would have happened to your family if you'd been caught? Did you not think about it while overstaying on an expired passport? You don't mention your country to get any country-specific information. 

If you read his OP, there is no need to ask such questions! 

 

Severe Depression, economic reasons, acute illness and no safety net, is often reasons why some overstay.

 

Anyway, it is not my or your business, and he do not own any of us an explanation.

 

To OP, good luck, wish you a safe hassel free return to your home country.

[Liquorice]

34 minutes ago, sandyf said:

It is a breach of the Immigration Act,

Do give a clue.

[Georgealbert]

33 minutes ago, Liquorice said:

Do give a clue.

I think the poster is getting confused with the requirements of Section 12 and 13 of the Act, but these only apply when entering the country

 

.I could be wrong and open to be educated on what section applies to not having a passport, is covered in the immigration act..

[Caldera]

4 hours ago, Liquorice said:

Theoretically, you can return to your home Country on an expired Passport

 

No, you cannot, because Thai immigration won't put the exit stamp you require into an expired passport. You might not need a valid travel document to enter your home country, but you do definitely need one to leave Thailand.

[Caldera]

2 hours ago, Liquorice said:

No, a long overstay could land you in detention, an expired passport isn't an offence.

 

That's a somewhat theoretical distinction in the case that is being discussed here, as Thai immigration doesn't give extensions that go beyond the expiration date of the applicant's passport.

 

But remaining in Thailand on a passport that is no longer valid, in itself, does violate Thai immigration law. For example, if your home country revokes your passport, the Thai authorities don't need any additional reason to deport you - just the fact that the passport you entered with is no longer valid suffices. 

[Maestro]

4 hours ago, ChaiyaTH said:

...my embassy (european) does not do passport renewals...

 

Every member country of the European Union (EU) issues is own passports and has its own rules for it.

[SAFETY FIRST]

Might be worthwhile putting your expired passport through the washing machine to remove any history regarding visas etc. 

 

 

[tjintx]

1 hour ago, SAFETY FIRST said:

Might be worthwhile putting your expired passport through the washing machine to remove any history regarding visas etc. 

 

 

I think that this is bad advice.  The authorities (on either/both side) might easily catch on to why it is damaged given the OP's situation.   Defacing/destroying a passport creates it's own penalties.

[SAFETY FIRST]

3 minutes ago, tjintx said:

I think that this is bad advice.  The authorities (on either/both side) might easily catch on to why it is damaged given the OP's situation.   Defacing/destroying a passport creates it's own penalties.

To each their own. 

Came to mind, thought I'd throw it out there. 

 

 

[MangoKorat]

Guys, the OP is not asking how to try and get out without getting fined.  He's asking if he'll have a problem with his embassy when he applies for a new passport.

[SbuxPlease]

I think your embassy would issue a renewal passport without any mention of your current immigration status. If the person you talk with at the embassy notices your overstay they might explain what you need to do to handle it. I highly doubt they'd "tip off" Thai immigration.

 

As others have mentioned, after you renew you're now just a typical case of an overstay, which Thailand is quite efficient at handling. Bring your 20k to the airport and go. They'll stamp your passport, ban you for a while, and you'll be home free.

[DrJack54]

In summary seems common advice is to discuss with embassy new passport or emergency travel doc and go to airport with funds for fine and air ticket to home country. 

 

While the OP, may have serious overstay, he has understay in this thread and nothing to post since starting the thread.

Some have asked pp country etc. 

 

[Mui8899]

22 hours ago, DrJack54 said:

OP, passport country?  Assume current pp is expired?

 

Italian, not expired yet.

 

 

[Liquorice]

11 minutes ago, Mui8899 said:

Italian, not expired yet

 

I suggest you contact your Embassy for advice.

https://ambbangkok.esteri.it/it/chi-siamo/contatti/

[DrJack54]

11 minutes ago, Mui8899 said:

 

Italian, not expired yet

No offense OP but that's significant info.

If pp is not expired the solution is simple. 

Obtain a flight out and go to airport.

Pay 20k baht and immigration will stamp your pp with overstay and you will be given a ban according to the list I posted.

Good luck