Philippine Gal On Three Year Overstay

[Thanyaburi Mac]

Here's an overstay problem looking for a solution. My wife's hairdresser's brother is married to a Philippine gal, they have one kid, age four. Marriage registered in Israel, kid born there but with Thai citizenship papers. Both were working in a Thai restaurant there at the time. Back in Thailand three years ago.

OK, here's the situation:

-- The Philippine gal entered Thailand but never obtained a "marriage" extention to whatever visa she had, and never departed Thailand for the last three years, thus about a three (3) year overstay.

-- Some six months ago she and Thai hubby paid baht 60,000 to a overseas work broker in order to get new jobs overseas, and turned in their passports to the broker. Broker went broke (?) or otherwise disappeared with their baht and passports. Unable to locate now.

Solution:

1- Both make police reports regarding the lost passports;

2- He applies for new Thai passport at the MFA office on Chang Wattana;

3- She applies for a new Philippine passport at the Philippine Embassy in Bangkok, and also gets the form letter to Thai Immigration requesting transfer of visa (non-existent but at least the arrival info) to the new passport;

4- She goes to a travel agent and purchases a PLANE ticket out of Thailand, Penang, Vientiane, Manila, up to them;

5- She goes to Thai Immigration Suan Plu EARLY in the morning, and:

a- Thai Immigration transfers arrival info to new passport at the "lost passport" window;

b- Then she goes to the "overstay" section WITH HER PLANE TICKET FOR A SAME DAY AFTERNOON FLIGHT and with her baht 20,000 for the overstay fine.

c- Pay the fine and taxi out to Swampyboom for departure.

6- At her out-of-Thailand destination she applies for a Non-O Thai visa based on, a- Thai husband, and b- Thai child of hers.

7- On return to Thailand, obtains a "marriage" extention to the Non-O visa.

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OK, opinions welcome on above, would this scenario work?

Mac

[Lite Beer]

As no one has replied yet.I will give it a go. What on earth were they thinking. As a foreign lady married to a Thai Man it is so easy to get yearly extensions.

She will have to get a Police Report to get another Passport.

I think it would be a better idea to pay the overstay fine at the airport.

Quite what she does about the Entry Stamp in her passport I do not know. Hopefully someone else will chip in.

Once outside Thailand she can get a Non O Visa that will enable her to get Annual Extensions from Thai Immigration.

[ubonjoe]

No need to repeat what Lite Beer said.

Agree with him but will offer another comment.

Since it is going to be a new passport going to immigration might be a better option but they would need to be prepared to pay 1900 bhat for a 7 day extension.

Immigration will not let you pay an overstay unless you get the 7 day extension.

With the 7 day extension she could go overland to Vientiane for the visa.

[Thanyaburi Mac]

No need to repeat what Lite Beer said.

Agree with him but will offer another comment.

Since it is going to be a new passport going to immigration might be a better option but they would need to be prepared to pay 1900 bhat for a 7 day extension.

Immigration will not let you pay an overstay unless you get the 7 day extension.

With the 7 day extension she could go overland to Vientiane for the visa.

Lite Beer

Who knows what some people think, Thai, Phils, farangs, all sorts get into the overstay mess when it's relatively painless to stay legal.

I think she has to go to Immigration since her NEW passport won't have a date of entry and she won't have a TM card, Arrival/Departure. She'd need both, I reckon, to show Immigration on depature.

Joe

Good idea, the 7-day extension for baht 1,900, I'd forgotten about that option, would provide some flexibilty on departure out of Thailand before return.

Idea of heading to Vientiane cheaper, too. With the fine paid and the extension she'd be legal.

Thanks for the comments. Any others??

Mac

[Badbanker]

"-- The Philippine gal entered Thailand but never obtained a "marriage" extention to whatever visa she had, and never departed Thailand for the last three years, thus about a three (3) year overstay."

This is serious overstay and you do not have an option of a 7 day extension. I have done this a number of times and she will need to get a new passport and a Plane Ticket out of the country leaving no later than midnight of the same day she goes to immigration.

She will need to go to Suan Plu early morning with her THAI HUSBAND. (Or a Thai lawyer or an influential Thai person) Once she has paid the 20,000 baht cash, she will be checked on the Police computer for any outstanding arrest warrants. If any are found, she will be detained at the Immigration Detention Center to be transported to the Police Station filing the arrest warrant. If no warrants are found she will be given a clearance to leave on the flight nominated which means that she will have to leave on that flight out of Thailand. This deportation order will be expiring at midnight of the same day! If she wishes to not leave on the nominated flight and she is returns to immigration she will be detained and she will be arrested and forceably deported.

This is what I do for a living.

Been there done that!

BB

PS There is no 1900 baht 7 day extension! None if you are a major overstayer!!!!! I have seen people arrested at Suan Plu for demanding one when they have overstayed several months!

If the girl in question has a Thai marriage certificate she may apply for a new non Im O outside of Thailand and then return to Thailand and get sucessive 1 year visas without any problems, to the point of getting PR and Thai Nationality.

[Thanyaburi Mac]

"-- The Philippine gal entered Thailand but never obtained a "marriage" extention to whatever visa she had, and never departed Thailand for the last three years, thus about a three (3) year overstay."

This is serious overstay and you do not have an option of a 7 day extension. I have done this a number of times and she will need to get a new passport and a Plane Ticket out of the country leaving no later than midnight of the same day she goes to immigration.

She will need to go to Suan Plu early morning with her THAI HUSBAND. (Or a Thai lawyer or an influential Thai person) Once she has paid the 20,000 baht cash, she will be checked on the Police computer for any outstanding arrest warrants. If any are found, she will be detained at the Immigration Detention Center to be transported to the Police Station filing the arrest warrant. If no warrants are found she will be given a clearance to leave on the flight nominated which means that she will have to leave on that flight out of Thailand. This deportation order will be expiring at midnight of the same day! If she wishes to not leave on the nominated flight and she is returns to immigration she will be detained and she will be arrested and forceably deported.

This is what I do for a living.

Been there done that!

BB

PS There is no 1900 baht 7 day extension! None if you are a major overstayer!!!!! I have seen people arrested at Suan Plu for demanding one when they have overstayed several months!

If the girl in question has a Thai marriage certificate she may apply for a new non Im O outside of Thailand and then return to Thailand and get sucessive 1 year visas without any problems, to the point of getting PR and Thai Nationality.

BadBanker

Well, that was my original thought so probably best to go for it.

Thanks for the additional comment.

Mac

[cali4995]

That is the important distinction as mentioned. If your original passport is lost/stolen, proceeding directly

to the airport is not an option. You must first go to Suan Phlu and get the entry stamp replaced. Also,

as suggested, probably not very good idea to berate immigration officials while your status is illegal.

[ubonjoe]

"-- The Philippine gal entered Thailand but never obtained a "marriage" extention to whatever visa she had, and never departed Thailand for the last three years, thus about a three (3) year overstay."

This is serious overstay and you do not have an option of a 7 day extension. I have done this a number of times and she will need to get a new passport and a Plane Ticket out of the country leaving no later than midnight of the same day she goes to immigration.

She will need to go to Suan Plu early morning with her THAI HUSBAND. (Or a Thai lawyer or an influential Thai person) Once she has paid the 20,000 baht cash, she will be checked on the Police computer for any outstanding arrest warrants. If any are found, she will be detained at the Immigration Detention Center to be transported to the Police Station filing the arrest warrant. If no warrants are found she will be given a clearance to leave on the flight nominated which means that she will have to leave on that flight out of Thailand. This deportation order will be expiring at midnight of the same day! If she wishes to not leave on the nominated flight and she is returns to immigration she will be detained and she will be arrested and forceably deported.

This is what I do for a living.

Been there done that!

BB

PS There is no 1900 baht 7 day extension! None if you are a major overstayer!!!!! I have seen people arrested at Suan Plu for demanding one when they have overstayed several months!

If the girl in question has a Thai marriage certificate she may apply for a new non Im O outside of Thailand and then return to Thailand and get sucessive 1 year visas without any problems, to the point of getting PR and Thai Nationality.

Not to question the accuracy your post. But I think you are blowing the overstay issue way out of proporation to reality of how immigration handles voluntary payment of overstay fines.

I have seen posts by people that had long overstays who went to immigration when they had a scheduled flight out and were told to just go to the airport and pay it when they leave.

Even a case where a man went to immigration to give himself up and requested detention because he was homeless. He only had a letter from his embassy because he had lost his passport and was told to come back when he had a passport.

As far as the 7 day extension. They do issue 7 extensions on a regular basis for 1900 baht. Even with overstays.

I recall a post by Isaan Lawyers in a topic on overstays where they helped a person go to immigration in Korat that had an overstay of several years and he was given a 7 day extension after paying 20,000 baht to allow him time to leave the country.

I am making this reply because I do not want people reading this topic with overstays getting scared out of their wits because of your post.

[jackdanielsesq]

Thanks for pouring some sanity on a quite emotional topic - personally I hate being arrested & deported when my only crime is some heavy partying with the local - how do they ever expect to grow this economy?!

On balance, Bht20k is a mere pittance for 36 months of no-hassle stay - small wonder ?!

Reading thru all these posts does give one a very broad oversite & understanding of how the Thai mind works, or not, as the case may be.

D BR>Jack

[astral]

That is the important distinction as mentioned. If your original passport is lost/stolen, proceeding directly

to the airport is not an option. You must first go to Suan Phlu and get the entry stamp replaced.

Agreed. As it is a new passport she must go to Suan Phlu to get here current status in the passport.

[Badbanker]

In reality the Royal Thai Police do not like to handle and arrest overstay cases, as the officers say to me we feel sorry for the people. "Put him back on the street" was what they ordered. Even though it was necessary for the farang to be locked up so the embassy (for his best interests) could take responsibility for him and have him deported for medical care.

If however someone is put in by a friend of wife, or has broken a law they will be locked up!

Provincial police are a bit of a wild card and unless they are feeling particularly energetic will often ignore the overstayer and put him back on the street or give him what ever tickles their fancy.

BB

PS Immigration Police are a whole different story!