Dealing with Bangkok immigration.

The extension of stay for a dependent child of my migrant worker housekeeper (a 16 year old schoolgirl) is for some reason very much delayed. Prior permission of stay ended July 10. Applications for both worker and her daughter were submitted initially on 15 June. The worker's extension was granted same week but the daughter's passport was initially returned unstamped, they said due to lack of proof of relationship. The application was then re-submitted on 25 July, still more than 2 weeks before end of what was then the permission of stay, with additional documentation.

Fast forward to now: still no return of passports. It is still either in process or stuck for some reason, agent is useless and just keeps saying "wait for stamp" but I have never known this to take so long, and am doubly worried since the prior extension of stay has now ended.

Can anyone tell me:

1. In a case like this where application was made beforehand but process at immigration extends past the existing permission to stay, will overstay fine be applied if/when the extension is finely issued?

2. As above but if the request is finally denied, will we have to pay overstay fine? Will she be given a short extension to allow time to return home?

Lastly, since it has proven impossible to get explanations from the agent, they are thinking of going in person to try to find out what is going on. Is there any danger to the girl of being arrested/sent to IDC if she enters immigration to inquire? All she can show in hand is photocopy of her passport with permission of stay ending July 10th, though we have been repeatedly assured that her passport is at immigration.

Appreciate advice.

38 minutes ago, Sheryl said:

In a case like this where application was made beforehand but process at immigration extends past the existing permission to stay, will overstay fine be applied if/when the extension is finely issued?

How do CW date the under consideration stamp, 30 days from the date of application, or 30 days from the end of current permission of stay?
Regardless, if the application is still under consideration at the end of the 30 day under consideration period, Immigration are supposed to restamp the passport with a further 30 day under consideration stamp.

42 minutes ago, Sheryl said:

As above but if the request is finally denied, will we have to pay overstay fine? Will she be given a short extension to allow time to return home?

You cannot be on overstay when an application is being considered.
If refused, they should give a 7 day extension to leave the Country.

I'm assuming they didn't put any further stamps in her passport, which makes me conclude that as opposed to refusing the application and you having to fully submit another application, they are treating it as a request for further documentation to the original application.

Edited 3 hours ago3 hr by Liquorice

1 hour ago, Sheryl said:

The application was then re-submitted on 25 July, still more than 2 weeks before end of what was then the permission of stay, with additional documentation.

Surely, you meant the application was resubmitted June 25th, which would be 2 weeks prior to her current POS ending on July 10th.

If this was a completely new application resubmitting all new documents, then they should have given her a new 30 day under consideration stamp.

If it was simply a request for further documentation to the existing application, then they should have granted a further 14 day extension from 10th July, to allow for the longer processing period.

Her right to remain in the Country is protected whilst an application is under consideration.

1 hour ago, Liquorice said:

How do CW date the under consideration stamp, 30 days from the date of application, or 30 days from the end of current permission of stay?
Regardless, if the application is still under consideration at the end of the 30 day under consideration period, Immigration are supposed to restamp the passport with a further 30 day under consideration stamp.

You cannot be on overstay when an application is being considered.
If refused, they should give a 7 day extension to leave the Country.

I'm assuming they didn't put any further stamps in her passport, which makes me conclude that as opposed to refusing the application and you having to fully submit another application, they are treating it as a request for further documentation to the original application.

Yes, nothing stamped after the initial application.

I don't know anything about an "under consideration" stamp. In prior years I did this at my local provincial IO and it was done on the spot. I have no prior experience with CW.

Had to use Bangkok this time due to problems with the new online work permit system that necessitated a Bangkok based agent to sort out at the Labor Ministry HQ.

31 minutes ago, Liquorice said:

Surely, you meant the application was resubmitted June 25th, which would be 2 weeks prior to her current POS ending on July 10th.

If this was a completely new application resubmitting all new documents, then they should have given her a new 30 day under consideration stamp.

If it was simply a request for further documentation to the existing application, then they should have granted a further 14 day extension from 10th July, to allow for the longer processing period.

Her right to remain in the Country is protected whilst an application is under consideration.

Yes, sorry. Resubmitted June 25th.

They had returned the passport first so I assume it would be a a new application.

"Her right to remain in the Country is protected whilst an application is under consideration." Thank you for that. Unfortunately we have no proof that she has an application under consideration. Is some sort of receipt or document usually provided? It was submitted by agent.

11 minutes ago, Sheryl said:

They had returned the passport first so I assume it would be a a new application.

When applications have to be approved by the regional IO, they should stamp the passport with a 30 day under consideration stamp.

Example;

My current POS expired 10th July.
I submitted my new application on 16th June.

I received a 30 day under consideration stamp dated from the end of my current POS (10th July) until 9th August.
My application is still pending approval.

At a guesstimate, as an agent is involved, the local CW office were not convinced the application would be approved at regional level and therefore returned the passport to the agent requesting further documentation. If the agent has now submitted said documentation and CW have now sent the application for approval, then the agent should have returned to obtained a 30 day under consideration stamp in the passport, and if not, why not?

The local IO's will not forward an application for approval if they have an issue with it in the first instance, usually requesting further documentation, as a refusal reflects back on their incompetence.

6 minutes ago, Liquorice said:

When applications have to be approved by the regional IO, they should stamp the passport with a 30 day under consideration stamp.

Example;

My current POS expired 10th July.
I submitted my new application on 16th June.

I received a 30 day under consideration stamp dated from the end of my current POS (10th July) until 9th August.
My application is still pending approval.

At a guesstimate, as an agent is involved, the local CW office were not convinced the application would be approved at regional level and therefore returned the passport to the agent requesting further documentation. If the agent has now submitted said documentation and CW have now sent the application for approval, then the agent should have returned to obtained a 30 day under consideration stamp in the passport, and if not, why not?

The local IO's will not forward an application for approval if they have an issue with it in the first instance, usually requesting further documentation, as a refusal reflects back on their incompetence.

As this is the Bangkok Head Office I wouldn't think it needs to be refetred anywhere else?

This is for a dependent child. Not the norm, in my experience, to have an "under consideration" period. When I did it myself in the past in the province, it was on the spot. I have only heard of "under consideration" periods in connection with extensions based on matriage to a Thai. ???

The passports were not returned, they are still at immigration.