Visa For People Who Live In Thailand For 40 Years Without Visa

[tara11]

This is a rare situation. My dad who came from Taiwan 40 years ago.

His Taiwanese visa has expired and Thai work permit has expired long time ago.

He has 2 kids and live with my mom without legally married.

He doesn't own anything in Thailand.

He never met his family ever since.

He now found out that some of his family live in USA and he wants to visit them.

Here come the questions:

1. How can he travel? get visa of cause but how?

2. What is the best way to get a visa? Should he re-do his Taiwan visa from Thailand? or can he get Thai Visa?

3. I am trying to help him by trying to get a US citizenship (I have a greencard now), is that going to help?

The reason why he let this go for so long and didn't take an action legally is because he needs to work to pay 2 kids tuitions, he afraid if he deal with legal and if police found out he might not be able to live in Thailand with me and my mom. He does wants to come back to Thailand to continue living to the rest of his life after he visit his family in USA.

Someone who has experience or know how to make this work please contact me Edit: PM member

This is a life time issue my dad is 78 now and he wants to see his family for the last time of his life.

Thank you for your time.

Tara

Edited June 12, 2009 by ubonjoe
deleted email addresss ubonjoe

[a99az]

Get the family to visit him then all is OK.

[tara11]

Get the family to visit him then all is OK.

There are all really old, 80+ hard to travel. Only my dad keep up his shape even though he is 78 now and always willing to travel to his hometown in the last time of his life, but unfortunately he has no visa.

[MJo]

He is Taiwanese, i mean he is citizen?

Maybe he could try and get Taiwanese passport from embassy here in Thailand. Then there is still problem how to get back to Taiwan to apply for US visa. I'm not sure how or if this is possible but people with couple of years overstay usually just leave and pay the max fine at the airport. But not sure what Thai immigration will do if they find out he's on 40 years overstay. And then there is the question if they let him back afterwards.

In any case as i said i do not know for sure so only advice i can give is to contact a good immigration laywer, they propably can at least find out what could be done to legalize his status.

Hope it works out.

[ubonjoe]

First thing he will need to do is get a new passport.

See this webpage for info: http://www.taiwanembassy.org/TH/ct.asp?xIt...mp=232&xp1=

After that he will have to sort out his status here in Thailand. That is where the complications start. Somebody will need to contact an immigration office and see what can be done or what has to be done. It will be mean a 20,000 baht overstay fine is the only thing I can say with any certainty.

It would be best if the person that contacts immigration was a lawyer.

After he gets that taken care of he could travel to Taiwan without any problem using his passport. If all goes well with immigration here and they don't deport him and put him on the black list he could then get a visa to return to Thailand. He could get a non immigrant o-visa to visit family.

[ignis]

Friend on 30 year overstay had to return to the UK. he went to UK Embassy and got a passport.

When he flew out 5 days later he told the Immigration at the airport his old passport had be stolen, he did not pay anything. he returned with a 1yr Visa from Hull

Do Immigration need to know your Dad has been here on overstay for 40 years??

[ubonjoe]

Friend on 30 year overstay had to return to the UK. he went to UK Embassy and got a passport.

When he flew out 5 days later he told the Immigration at the airport his old passport had be stolen, he did not pay anything. he returned with a 1yr Visa from Hull

Do Immigration need to know your Dad has been here on overstay for 40 years??

I find it hard to believe it was that easy. You have to have an entry stamp in your passport or an old passport to show that has one in it. Even without an overstay that is why you have to go to immigration and get stamps put in your new passport when your passport is lost or stolen. Without an entry stamp they could assume that you just crossed the border without getting stamped into the country.

[beano2274]

Friend on 30 year overstay had to return to the UK. he went to UK Embassy and got a passport.

When he flew out 5 days later he told the Immigration at the airport his old passport had be stolen, he did not pay anything. he returned with a 1yr Visa from Hull

Do Immigration need to know your Dad has been here on overstay for 40 years??

When you get a new Passport from the British Embassy you also receive a letter telling you that you must go to Immigration to get the stamp moved from one to the other. I know that some people do not do this, but the Embassy and Immigration might cross check, thus making it difficult to return. Your friend was lucky or Immigration were very stupid.

[bellachg]

Friend on 30 year overstay had to return to the UK. he went to UK Embassy and got a passport.

When he flew out 5 days later he told the Immigration at the airport his old passport had be stolen, he did not pay anything. he returned with a 1yr Visa from Hull

Do Immigration need to know your Dad has been here on overstay for 40 years??

When you get a new Passport from the British Embassy you also receive a letter telling you that you must go to Immigration to get the stamp moved from one to the other. I know that some people do not do this, but the Embassy and Immigration might cross check, thus making it difficult to return. Your friend was lucky or Immigration were very stupid.

Yes, also when you turn up at Immigration they ask you the date of your last arrival in Thailand, and then they look up your arrival card in their files. If the information you give does not enable them to find the arrival card then what, deportation and blacklisting?

That 78 year old guy better lie quiet "let sleeping dogs lie". Let his relatives from the US visit him here.

[moe666]

Agree with last post don't make waves at this late date. Does he stll have family in Taiwan and there is no garantee he will get a visa to the US. Will he like the US big change from 40 years in Thailand.

Good luck

[thaibkk]

that will be a lot of overstay fine + jail time

end of days in a thai prison

[ubonjoe]

If it is handled correcty there won't be any jail time or deportation. The most he can br fined is 20,000 baht.

If he gets a lawyer or somebody to act as an intermediary I don't think it will be such a big deal. He should not go to immigration without somebody making arrangments in advance though.

Does anybody really think that they are going to lock up somebody that is is 78 years old for an overstay.

[Mario2008]

He's not going to be jailed, but deported (by himself) when he goes with a ticket and 20,000 baht to the immigration police, after he has a passport.

All indications are that he will be allowed to return to Thailand, there are no known cases of an overstay leading to being blacklisted.

But with an overstay for 40 years he might have difficulty entering the US.

[K2K]

That 78 year old guy better lie quiet "let sleeping dogs lie". Let his relatives from the US visit him here.

Near zero chance they would find an arrival card for 40 years ago!

Agree with this post - may well find it a very tough adjustment if been in Thailand so long without oversea trip.

Then have to think of consequences there after - if he wants to return then he will be logged on computer on arrival back (getting a visa back into Thailand should be no problem) but then will he have 800k (assume no chance he will have pension enough to go that route) for a retirement visa?

H emay have got away with 40 years overstay pre technology - but coming back - things will not be so easy to evade.

[imaneggspurt]

Most other countries would show this gent some compassion, howevewr thailand will treat him like a burmese illegal and jail him i suspect, sad case at his age and no real home,.either way i feel the only possible way for him is back to taiwan and apply for a visa there, .

[ubonjoe]

Most other countries would show this gent some compassion, howevewr thailand will treat him like a burmese illegal and jail him i suspect, sad case at his age and no real home,.either way i feel the only possible way for him is back to taiwan and apply for a visa there, .

Could you please provide some documentary evidence of your claim.

The cases that I now of a perosn being put into dentention until the overstay was settled was when a person was caught with an overstay and in most of those cases the person was involved in another crime.

[McLovin]

Most other countries would show this gent some compassion, howevewr thailand will treat him like a burmese illegal and jail him i suspect, sad case at his age and no real home,.either way i feel the only possible way for him is back to taiwan and apply for a visa there, .

Could you please provide some documentary evidence of your claim.

The cases that I now of a perosn being put into dentention until the overstay was settled was when a person was caught with an overstay and in most of those cases the person was involved in another crime.

Another intelligent post from ubonjoe - not

[ubonjoe]

Most other countries would show this gent some compassion, howevewr thailand will treat him like a burmese illegal and jail him i suspect, sad case at his age and no real home,.either way i feel the only possible way for him is back to taiwan and apply for a visa there, .

Could you please provide some documentary evidence of your claim.

The cases that I now of a perosn being put into dentention until the overstay was settled was when a person was caught with an overstay and in most of those cases the person was involved in another crime.

Another intelligent post from ubonjoe - not

I simply asked for some proof is that to much to ask. The poster made a very strong claim derogatory to Thailand in that he would be treated like an illegal alien and I asked for some proof. A news article even a post on the forum that has some proof to substantiate it.

Can you supply any?

[McLovin]

Most other countries would show this gent some compassion, howevewr thailand will treat him like a burmese illegal and jail him i suspect, sad case at his age and no real home,.either way i feel the only possible way for him is back to taiwan and apply for a visa there, .

Could you please provide some documentary evidence of your claim.

The cases that I now of a perosn being put into dentention until the overstay was settled was when a person was caught with an overstay and in most of those cases the person was involved in another crime.

Another intelligent post from ubonjoe - not

I simply asked for some proof is that to much to ask. The poster made a very strong claim derogatory to Thailand in that he would be treated like an illegal alien and I asked for some proof. A news article even a post on the forum that has some proof to substantiate it.

Can you supply any?

No, the poster made a strong claim, that was pretty much spot on. I don't think too many people who disagree with what the poster asserts.

[yuyi]

I simply asked for some proof is that to much to ask. The poster made a very strong claim derogatory to Thailand in that he would be treated like an illegal alien and I asked for some proof.

Well, he IS an illegal alien

[backsoon]

I agree with some opinions expressed before. Let the sleeping dogs rest. Do not go anywhere. If the man lived for 40 years illegally here and didn't see his family for that long, he can safely keep on keeping on. It will be much less trouble for him at this stage of his life.

I am quite sympathetic to his predicament. If he were a Thai murderer, he would be probably subject to some leniency, pardon or statut limitations... but not a farang. Sometime I think Thai legal system is absolutely and unjustifiably beastly towards all farang.

Sorry for him, but he should accept the reality and stay put.

[ubonjoe]

I simply asked for some proof is that to much to ask. The poster made a very strong claim derogatory to Thailand in that he would be treated like an illegal alien and I asked for some proof.

Well, he IS an illegal alien

Probably not. He most likely entered the country legally and then overstayed his original visa.

Many people that enter the country without a visa are not treated as illegal aliens becasue they are considered refugees. Just recently there was a story of about 3000 Burmese that enteref the country and were treated as refugees.

Most illegal aliens that cross the border and get caught are simply detained and the then taken to the border and released. They are not locked up in jail for years as was implied..

[Eureka]

I simply asked for some proof is that to much to ask. The poster made a very strong claim derogatory to Thailand in that he would be treated like an illegal alien and I asked for some proof.

Well, he IS an illegal alien

Probably not. He most likely entered the country legally and then overstayed his original visa.

Many people that enter the country without a visa are not treated as illegal aliens becasue they are considered refugees. Just recently there was a story of about 3000 Burmese that enteref the country and were treated as refugees.

Most illegal aliens that cross the border and get caught are simply detained and the then taken to the border and released. They are not locked up in jail for years as was implied..

Entering a country without a valid visa, or staying past the issue period of the visa means that you are an illegal alien in that country. That status can only be changed by the governing body (government) and it is entirely up to them.

Refugee status may be given immediately on arrival if a policy already exsists but otherwise a determination on a cases by case basis will need to be made. If you have any doubt try walking through any immigration checkpoint while waving away the officials as you claim to be a refugee.

[PoorSucker]

I think the biggest issue here is not the overstay but how he can come back and live in Thailand.

He has 2 kids and live with my mom without legally married.

This will mean that he must show 800.000 baht in a bank to stay in Thailand. (400.000 if he gets married)

He doesn't own anything in Thailand.

This seems not be an option.

Thai work permit has expired long time ago.

....is because he needs to work to pay 2 kids tuitions

If they find out that he's been working without a WP then he can be thrown in jail.

My advice is to stay where he is.

Edited June 14, 2009 by PoorSucker

[tara11]

Every comments make sense and valuable for my dad case. We will take our time and re-think.

If in the end he couldn't visit his relative. It would be his destiny.

Just one thing for you guys to know. He wears yellow every Monday.

Thanks for every comments.

[ubonjoe]

Every comments make sense and valuable for my dad case. We will take our time and re-think.

If in the end he couldn't visit his relative. It would be his destiny.

Just one thing for you guys to know. He wears yellow every Monday.

Thanks for every comments.

You or somebody else should still contact immigration or even hire a lawyer to do it. They are the only ones that can tell you what the consequences are from his overstay. I think it will not be as near a dramatic action as some have said.

He should get a new passport even if he decides not to leave. That is one less problem to worry about if he does that.

[johnefallis]

My dad who came from Taiwan 40 years ago.

His Taiwanese visa has expired and Thai work permit has expired long time ago.

He has 2 kids and live with my mom without legally married.

He doesn't own anything in Thailand.

He never met his family ever since.

He now found out that some of his family live in USA and he wants to visit them.

Here come the questions:

1. How can he travel? get visa of cause but how?

2. What is the best way to get a visa? Should he re-do his Taiwan visa from Thailand? or can he get Thai Visa?

3. I am trying to help him by trying to get a US citizenship (I have a greencard now), is that going to help?

The reason why he let this go for so long and didn't take an action legally is because he needs to work to pay 2 kids tuitions, he afraid if he deal with legal and if police found out he might not be able to live in Thailand with me and my mom. He does wants to come back to Thailand to continue living to the rest of his life after he visit his family in USA.

Someone who has experience or know how to make this work please contact me Edit: PM member

This is a life time issue my dad is 78 now and he wants to see his family for the last time of his life.

Thank you for your time.

Tara

I assume by "visa" you actually mean "passport"? They are 2 different things, and it is necessary to differentiate.

[johnefallis]

Every comments make sense and valuable for my dad case. We will take our time and re-think.

If in the end he couldn't visit his relative. It would be his destiny.

Just one thing for you guys to know. He wears yellow every Monday.

Thanks for every comments.

I think he has been very fortunate these 40 years. Good for him. As it seems he cannot visit his long lost relatives, I suggest getting him a SKYPE or MagicJack phone, maybe a video phone. Then they can all get together and chat it up for hours and hours at little cost. Maybe try www.good2call.com for reasonably priced phone cards to/from Thailand. Much cheaper than a plane ticket. Besides, not likely he will get into the U.S. easily.

EDIT: Just thinking about it, I wonder if he might be eligible for Thai citizenship after this long, or by some old law that may apply from the past? I would suggest speaking to a lawyer as well, before giving up. Who knows, maybe he can get a Thai passport?

Worth a try.

Edited June 14, 2009 by johnefallis

[spirit47]

This is a rare situation. My dad who came from Taiwan 40 years ago.

His Taiwanese visa has expired and Thai work permit has expired long time ago.

He has 2 kids and live with my mom without legally married.

He doesn't own anything in Thailand.

He never met his family ever since.

He now found out that some of his family live in USA and he wants to visit them.

Here come the questions:

1. How can he travel? get visa of cause but how?

2. What is the best way to get a visa? Should he re-do his Taiwan visa from Thailand? or can he get Thai Visa?

3. I am trying to help him by trying to get a US citizenship (I have a greencard now), is that going to help?

The reason why he let this go for so long and didn't take an action legally is because he needs to work to pay 2 kids tuitions, he afraid if he deal with legal and if police found out he might not be able to live in Thailand with me and my mom. He does wants to come back to Thailand to continue living to the rest of his life after he visit his family in USA.

Someone who has experience or know how to make this work please contact me Edit: PM member

This is a life time issue my dad is 78 now and he wants to see his family for the last time of his life.

Thank you for your time.

Tara

Hello,

have a friend who do this work on Gouverment. "Aliens" that stand in Thailand for 40 years able to get Thai-nation. We are now in Mae Hong Song Province, if your dad stand around there, it was a good chance to look... Feel free to contact me per Email, send me your telephone number and we will see if we can do anything for the old man.

friendly

spirit47

[Mario2008]

Sorry Spirit, but your English is not too good. Are you sugegsting that a person who has stayed illegaly in the country can get Thai nationality?

That seems higly unlikely, given the Thai nationality law.