Just Realised I've Overstayed - What To Do Next?

[naughtybadfurrimunki]

Guys,

I've just realised I've overstayed and that I need to do a visa run to re-enter on a tourist visa but I'm not sure exactly what to do next.

I'm currently on an extension of stay permitted up to August 2010 and my last 90 day report was done in late August, however I quit my job in September and went back home for a month. I returned to Thailand on Oct 7th on a re-entry permit I had obtained while still working. I returned my work permit to my ex-employer soon afterwards. I assumed I'd have a bit of breathing space to find a new job, at least until the next 90 day report was due (hence my previous post enquiring about 90 day reporting and re-entry permits).

Obviously I'm very concerned about the possibility of a large fine. Should I play it safe and go to the immigration office in BK first to explain the situation? Or should I just do the visa run and hope for the best? When I do the visa run will the immigration official be able to see when I quit my job or will I just be stamped out?

Many thx for any assistance.

[lopburi3]

I believe your extension of stay was for employment so no longer valid. I would head for the border with a pocketful of cash if needed. I suspect it may not be noticed but no guarantee on that. Especially in this day of computers. You do need a new visa entry.

[gotlost]

I believe your extension of stay was for employment so no longer valid. I would head for the border with a pocketful of cash if needed. I suspect it may not be noticed but no guarantee on that. Especially in this day of computers. You do need a new visa entry.

Like about 20,000 baht.

[naughtybadfurrimunki]

thx guys

They didn't check the system and notice the overstay when I left Thailand last time in September via Survanabhumi (although I'd only overstayed for a very short period of time back then), so I guess there's a good chance I could get away with it a 2nd time.

Would you recommend leaving by air again or go overland? Or is it totally irrelevant?

[lopburi3]

Normally with overstay it is best to depart by air but a routine police check would probably not find anything wrong in your case.

[Lifer]

I can't help but wonder how one just happens to overstay their visa. Everyone is responsible for knowing when their visa or 90 day reporting is due. Maybe the overstay penalty is too low.

[antony77]

I can't help but wonder how one just happens to overstay their visa. Everyone is responsible for knowing when their visa or 90 day reporting is due. Maybe the overstay penalty is too low.

I agree it is completely irresponsible to overstay. It really serves him right if he is fined

[newcomer01]

"I returned to Thailand on Oct 7th on a re-entry permit I had obtained while still working"

I assume that you mean 2009. Therefore you are not an overstay for the 90 Day. But you are in the country illegally as you have quit your job.

Best advice get out of the country and reenter Thailand on a correct visa what ever that happens to be, Tourist 3 month etc.

[thaiphoon]

I can't help but wonder how one just happens to overstay their visa. Everyone is responsible for knowing when their visa or 90 day reporting is due. Maybe the overstay penalty is too low.

I agree it is completely irresponsible to overstay. It really serves him right if he is fined

In fairness to the Op, he had valid permission to stay until August 2010. He just did not realise ending his job would also terminate his permission to stay. And it doesn't look like his employer provided a termination letter to take to immigration either, which would have avoided this situation.

[thaiphoon]

"I returned to Thailand on Oct 7th on a re-entry permit I had obtained while still working"

I assume that you mean 2009. Therefore you are not an overstay for the 90 Day. But you are in the country illegally as you have quit your job.

Best advice get out of the country and reenter Thailand on a correct visa what ever that happens to be, Tourist 3 month etc.

His permission to stay should have been cancelled by immigration (and his employer should have provided a letter to facilitate that) when his job ended. That would have cancelled his re-entry permit too. He has therefore entered the country on what is in effect a cancelled permission to stay. As said before, he needs to exit the country and return on a new entry.

[naughtybadfurrimunki]

As Thaiphoon mentioned, I wasn't given a termination letter by my employer and I had no idea that I had to leave the country the same day I quit. Also, the re-entry permit was obtained by their HR dept for me and they knew I was planning to return to LOS in Oct, but at no stage was I told that it would be illegal to re-enter using the re-entry permit after my resignation.

[phuketrichard]

I believe your extension of stay was for employment so no longer valid. I would head for the border with a pocketful of cash if needed. I suspect it may not be noticed but no guarantee on that. Especially in this day of computers. You do need a new visa entry.

Like about 20,000 baht.

thats the MAX fine. Otherwise its 500 baht /day. Go to immigration, pay the overstay and then head to the airport and fly out for new visa./

[lopburi3]

As his overstay is more than 45 days the fine would indeed be 20,000 baht.

[tackyshoots]

You're supposed to leave the country within 7 days after your HR dept notifies the immigration dept.

Now your best shot is try to leave the country by air hope that it doesn't get noticed.

Just to be on the safe side, take 20,000baht cash with you. The fine is 500baht a day or 20,000baht if total fine exceeds 20,000baht.

[Arkady]

I have only ever overstayed once for a few days and that was many years ago. I was fined at the airport and it seemed a very streamlined process with a line of overstayers being quizzed by unsmiling immigration officers as to why they had overstayed. This turned out to be a just a pantomime as the officers didn't even listen to the excuses proffered by the nervous overstayers (all Indian or Pakistani apart from me) and every one was fined, despite the attempts to give heart rending reasons. My passport was stamped with the overstay but it didn't prevent future visits or getting a WP permit a year later. I don't think I would want to go to Immigration to pay the fine. At the airport they just want to collect the cash as fast as possible and get you out of the country. If you go and surrender at Immigration, they might have other sport in mind for you.

Since last year you are supposed to get your WP back from the Labour Ministry after they have cancelled it. It is a good idea to keep it, as you never know when some one might ask for evidence of your past work record in Thailand.

[Dap]

I can't help but wonder how one just happens to overstay their visa. Everyone is responsible for knowing when their visa or 90 day reporting is due. Maybe the overstay penalty is too low.

(Just) sometimes we mortals tend to get all wrapped up in lifes little diversions causing me (at least) to forget things. I realize others such as yourself can be spot-on at all times. I would hope that the people around me would understand my shortcomings and be gracious enough to allow the mistakes. Of course, not always and certainly not repeatedly. IMHO

[thaiphoon]

You're supposed to leave the country within 7 days after your HR dept notifies the immigration dept.

If you are on extension of stay based on employment, you have to leave the country the day employment terminates - unless you go to immigration and obtain 7 day extension. There is no automatic 7 day grace period.

[stevymac]

give the guy a break, were only human some times we do forget, best advice to u m8 is just go airport like a few others said pay the 20k an problem solved no big deal, i knew a guy who overstayed for 7ys the custom guys were laughin sayin this must be a world record, my friend obviiosly now fluent in thai was just havin a laugh with them paid the 2ok an let him go back to uk for family problem 2weeks later back in thailand no problems. no big deal! mai pen rai bud

[stub]

Get to a border with 20,000 Baht and exit the country. You will pay the fine when they check your passport. This is a normal, every day occurrence and no hassles. No hassles reentering either (unless perhaps you are a serial offender).

Do not go to immigration or the police - this just makes you a target for extortion. There is no problem exiting the country when you are on overstay provided you have the cash for the fine. If you get picked up by police before you get to the border though you can end up in jail and/or shaken down.

What border doesn't matter - air or land is the same. There was some hassle in the past with visa run buses being stopped by police and the overstayers shaken down but I haven't heard any reports of that this year, so you might prefer air if you are nervous.

Congratulations to the perfect people on this thread who never make mistakes. It must be wonderful living in your reality. Thankfully in my reality, unfair and extreme punishments are frowned on in most civilized countries and people generally don't get shot for being distracted, forgetful, stupid or unlucky.

[GungaDin]

I surrended at Immi HQ, paid the fine and was given 7 days to leave.

Went to Poipet & re-entered on a 15 day visa.

Day 14 off to Laos for a double tourist visa good for 60x2? days.

No need to pay for an airfare or risk being picked up by the BIB & held to ransom.

[thaiphoon]

Went to Poipet & re-entered on a 15 day visa.

Suspect you actually re-entered on 15 day visa exempt entry

[GungaDin]

^^^^ Whatever.

[naughtybadfurrimunki]

Guys, just to update you...

I went to Poipet with the plan of re-entering on a 15 day visa exempt entry, but they wouldn't let me out of Thailand because I didn't have the stamp in my passport saying my employment had finished! They told me to go back to Bangkok, get the letter from my ex-employer and go to Chaeng Wattana for the stamp.

I called the company's HR dept while still at the border and told them what had happened. The girl in the office said she'd never heard of anything like this happening before (I'm assuming this is because most people leave by air).

Anyway, I've arranged to go and pick up the letter from her tomorrow and then I'm heading up to Vientiane, with a stop at Chaeng Wattana first.

[lopburi3]

How did they know you had finished working? Did they ask or have on computer? This is second time I have seen a report of border checking/knowing recently. Believe the other time it was Nong Khai.

[naughtybadfurrimunki]

Sorry, I should've explained in more detail. They didn't have a record of me finishing work. When the immigration official looked in my passport she was confused because there wasn't the stamp to cancel the permission to stay and I didn't have a re-entry permit either, so she asked me and I explained I had finished work (but I didn't say when). It was after I said I'd finished my job that I was told to go back to BK to get the letter from my ex employer and then the stamp from immigration.

Edited November 22, 2009 by naughtybadfurrimunki

[lopburi3]

That is what I suspected - they are trying to prevent you losing your extension of stay by checking for a re-entry permit. I expect that is what happened in Nong Khai also. Thanks for the feedback.

[peecee]

I can't help but wonder how one just happens to overstay their visa. Everyone is responsible for knowing when their visa or 90 day reporting is due. Maybe the overstay penalty is too low.

I agree it is completely irresponsible to overstay. It really serves him right if he is fined

[LPCustom69]

I can't help but wonder how one just happens to overstay their visa. Everyone is responsible for knowing when their visa or 90 day reporting is due. Maybe the overstay penalty is too low.

I agree it is completely irresponsible to overstay. It really serves him right if he is fined

Accidents can happen, but the fee structure needs to be revamped. Maybe 5000 baht a day and 500,000 baht maximum will motivate people.