What Happens If I Overstay On Purpose?

[beaner]

Hi everyone,

I need some help/advice on how to handle this situation...

My 3-month Non-B visa expires on 18 April and I obviously have to get out of the country to apply for my One-Year Non-B in order to not overstay. The thing is, I have a ticket booked to HKG/LAX departing on 29 April... only 11 days later. ugh.

Can anyone advise whether I am able to go to Immigration here in Phuket to get an extension? I think they are available for a fee, but how early do I go and how much does it cost, and for how long? I think it may only be for 7 days, which would mean that I would still be overstaying for 4 days.

If I do end up overstaying - by either 11 or 4 days - do I risk jeopardizing my chance of getting my next Non-B (I am applying for it at the Royal Thai Consulate in Los Angeles, if anyone has experience with that location)?

I have my own company set up and am working on my own with my accountant who unfortunately, I don't completely trust for accurate information - hence my plea for advice here... she sent me on my last One-Year Non-B application run without my Work Permit and that fiasco resulted in me getting only this 3-month visa that I'm on. Grrr.

Any help is so greatly appreciate.

Thanks.

j

[opalhort]

If you do not (yet) qualify for a full one-year extension of your current 90-day stay the best and easiest would be a short border hop to obtain a 15 day permit to stay stamp just before your current stay expires.

DO NOT OVERSTAY - TOO RISKY!

opalhort

[beaner]

Ah, thanks opalhort - I never thought of that option... just thought that since I have a Work Permit and have had Non-B visas before that going that route would be questioned by the authorities.

If I do end up doing that run, that means I've got a "15-day Tourist Visa", correct? Then that would mean that I would be working illegally?

Thanks so much for your reply!

[opalhort]

What you get at the border is a 15 day permit to stay, it is not a visa.

I'm not sure about the legality if you work with a valid WP while on this type of permit, but I think it should be okay.

To be on the safe side I would avoid signing any official company documents during this time especially if they require a copy of your PP.

Please wait for the experts to answer in more detail.

opalhort

[cafavier]

Whatever you do, don't leave the country to get a tourist visa. The minute you do that your work permit expires and you'd be working illegally, and when you come back with a new non-immigrant B you'll have to start a new work permit procedure. This has happened to me.

Sorry I can't advise you on what to do.

[opalhort]

If what cafavier said is correct from first hand experience then I retract everything I posted above and request the mods to remove my posts if my info/understanding is incorrect and misleading.

Sorry.

opalhort

[lopburi3]

Your work permit does not expire with exit of the country. People exit all the time to obtain a new non immigrant visa for work. It used to be the work permit was only issued for for validity of the entry but that has changed and most are valid for a year now.

But you can not work on a tourist visa entry or visa exempt entry or some categories of non immigrant visas. You must hold a non immigrant visa entry valid for work/work permit issue.

[opalhort]

Yes Lopburi3, this was my understanding as well.

The WP should not be cancelled if the OP comes in with a 15 days stamp AND "refrains from working" during tis time.

Once the OP comes back with a new Non-Imm-B and if his WP remains valid there should be no problem to have the WP extended in the future based on his new Non-Imm-B.

opalhort

[rabo]

I recently overstayed my non-immigrant visa by over 2 months and got professional advice. If you are caught overstaying by the police or immigration police, you will likely be detained, fined, and sent out of the country. On the other hand, if you arrive at the airport and declare that you overstayed, even for two months, you simply pay a fine and get a friendly see you again soon. The whole process takes about 10 minutes and I was asked no questions. This was in Bangkok. An overstay does not affect your ability to get visas in the future but you must start the visa process from scratch. The fine though is 500 Bhat per day to a maximum of, ouch, 20,000 Bhat. Overstay, of course, is not recommended!

However, are you sure you must go overseas to get your 1-year visa?? There are 2 classes of type B visas but even the 90 day visa can be extented in country, like most other catagories of non-im visas. You might want to look at the Ministry of Foreign Affairs website here, www.mfa.go.th/web/2482.php?id=2492

(5) Holder of this type (B-buisness) of visa is entitled to stay in Thailand for a maximum period of 90 days. He or she may apply for an extension of stay at the Office of the Immigration Bureau and may be granted such extension for a period of one year from the date of first entry into Thailand.

[lopburi3]

MFA has nothing to do with extensions of stay and for immigration to approve them you must meet the conditions for the type of extension you apply for. These are outlined in Police Order 777/2551.

[beaner]

Thanks to ALL!

I'm going to my accountant's tomorrow and think I will go to the Immigration Office in Phuket Town and speak with a farang volunteer.

I'll keep you updated.

[beaner]

Hi all - here's an update...

Went to Immigration yesterday and I'm basically shitouttaluck for getting the One-Year Extension of Visa with 90-day reporting in Phuket Town. I only have one Thai staff, so I assume that's the major knock against me, but who knows, they didn't say. The Captain took one look at all my paperwork and just shook her head - apparently it's "not enough paperwork". Wha?!

Further, they can only give me a 7-day extension on my visa which takes me to April 25th - no good since I fly out on the 29th. Not advisable to over-stay, especially when I'll be applying for The Holy Grail of visas. If I do, just another reason for denial.

So it looks like I'm heading to Kuala Lumpur again before 18 April and will likely end up with another 3-month Non-B Single Entry (NOT good). From what I can decipher from various sources, they aren't giving out One-Year Multis anywhere in Asia. Not Penang, not Singapore... not anywhere. The fact that I got one last year in KL appears to be a complete fluke. If anyone has one - and is in the same situation company-wise as me - please let me know where you go it! Right now I would do *anything* not to have to go back to KL again. HCMC, Hanoi, Singapore... anywhere but KL! The "latest" updates on securing visas in the region on ThaiVisa.com are useless as no one has posted in ages, so PLEASE let me know where you go your's if you have one.

One minute bright spot is that I now have a 2-Year Work Permit. And a brand new passport with 48-pages and an expiry date of 2014. Maybe that will help, but I'm certainly not hopeful.

This whole process is one endless mind-f*** and it doesn't help that I can't understand it and that my accountant can't explain it to me.

Here's hoping the rest of you have more luck than I do.

[thaiphoon]

Multiple entry Non-B visa is available within the region, but only at a few consulates. KL will issue against full company documents and work permit with at least 8 months remaining. Penang will issue too, but also require company's registered share capital has to be at least 8 million baht. For a list of company papers required have a look here.

The last fully documented report we received from KL was just over 4 months ago and is here. You say you now hold a 2 year WP, so with correct company paperwork you should not have a problem. KL consulate is efficient and helpful and is the chosen place for many.

[beaner]

Thanks again everyone.

Thought I'd close this off (for now) with the latest update...

I have some great news...

I just spoke with the Thai Consul in Toronto on the phone. He's a dream, friendly, totally relaxed, and basically said he doesn't need to see ANY company paperwork; that if I have a valid Work Permit there is basically no way for him to refuse me the One-Year Mulit-Entry Non-Immigrant B visa. I told him that I was surprised to hear that, that I have encountered so many problems here in Asia, but his response was that it's because I'm going to embassies not in my own country.

So... once in the US I'll courier my Passport and Work Permit to the Royal Thai Consulate in Toronto with the payment of $175CAD.

So that's totally easy. PLUS, he says an Overstay in my passport is not an issue!

I think I love him.

I'm going to email him to confirm all of this and have it in writing, but here's how I see it falling into place...

1. Attend Immigration in Phuket Town to get a 7-day Extension of Visa on or about 9April (extension will expire on 25April) - 1,900b

2. Overstay 4 days and pay when exiting Thailand on 29April - 2,000b

3. Courier Passport, Work Permit and Visa Application to Toronto with next day service on 03May - cost TBD

4. Passport, Work Permit, Visa Application to Royal Thai Consul in Toronto - cost $175CAD

5. In my case, my parents will pick up my Passport and Work Permit, but you can have them courier it back out to you. (My dad will bring the docs to me in LAX where we're meeting for a few days)

Am I missing anything?

I can't believe it's this easy. Well, easier.

Living here has made me so suspicious and I second-guess *everything*.

Very sad.

If any other Canadians on ThaiVisa want the information...

Royal Thai Consulate-General, Toronto

17 Isabella St. Unit #100, M4Y 1M7

(416) 850-0110

www.thaiconsulatetoronto.com

[email protected]

Monday to Friday 10:30 - 12:30 and 13:30 - 15:30

George Heller, Consul-General

I asked him about submitting via mail from Thailand the next time around, and he said (again) NO PROBLEM! But that Immigration, on departure out of Thailand, may question it. He's had someone do it before with no issue, just know that they may ask why but its certainly not "illegal" or anything.

My last niggly concern is with Immigration here at Phuket Airport when they see my 4-day Overstay. However, when I went to Immigration in Phuket Town two days ago, event the guy there advised me to do it. So, it can't be too serious, maybe just a hassle if you get the wrong officer, as a friend of mine did.

So there you go.

Maybe the above is familiar to some and I've been the one who is completely clueless, but I hope this has helped others who may not have known about the options. And still for some others maybe it has provided some comfort... or entertainment. Pfft.

[colino]

Multiple entry Non-B visa is available within the region, but only at a few consulates. KL will issue against full company documents and work permit with at least 8 months remaining. Penang will issue too, but also require company's registered share capital has to be at least 8 million baht. For a list of company papers required have a look here.

The last fully documented report we received from KL was just over 4 months ago and is here. You say you now hold a 2 year WP, so with correct company paperwork you should not have a problem. KL consulate is efficient and helpful and is the chosen place for many.

Wow after reading all this I am glad I get my multi non B at Hull in the UK.

One letter of a job offer and fill out the application form, passport back within 48 hours.colino

[brianb1944]

If you do not (yet) qualify for a full one-year extension of your current 90-day stay the best and easiest would be a short border hop to obtain a 15 day permit to stay stamp just before your current stay expires.

DO NOT OVERSTAY - TOO RISKY!

opalhort

I endorse that advice fully, visa run is cheap and easy, I always fly to Kuala Lumpur, cos its easy and I hate 6 hour mini bus journeys. Fly in, have a few beers, fly out simple.

[jfchandler]

Regarding overstays....

I've never done one, and the advice above is generally correct... you don't want to do them if you can avoid them. And, if you do overstay and the police should encounter/catch you (pretty unlikely, particularly if you are not a car/motorcycle driver, but you never know) before you make it to the airport, the consequences can be messy and painful.

But, regarding one of the concerns of the OP above, I've never heard of routine overstays, particularly short ones in duration, having any effect on Thai consulates being willing to issue future visas or visa extensions -- as long as the person involved in fact qualifies for the visa/extension they are seeking. So that issue, I believe, should not be among the concerns one faces considering an overstay.

[jfchandler]

I believe, based on some looking and checking, that the consul office the OP cites above in Toronto is in fact an honorary consulate...the first clue being that a farang is listed as consul general. And indeed, the Thai govt. MFA site shows no official Thai consulate for Canada in Toronto...

Given that honorary consulates in general, at least in the U.S. and apparently Canada too, tend to be far more customer friendly and cooperative than their official counterparts, it's not surprising the OP got a helpful reception. I seriously doubt he could have expected the same reception or service at the official consulate in Los Angeles, which doesn't have among the best of reputations...

[jongkolkhoo]

Whatever you do, don't leave the country to get a tourist visa. The minute you do that your work permit expires and you'd be working illegally, and when you come back with a new non-immigrant B you'll have to start a new work permit procedure. This has happened to me.

Sorry I can't advise you on what to do.

There is a way around this. The work permit department can help. email me for more info. not convenience to say it here.

[opalhort]

There is a way around this. The work permit department can help. email me for more info. not convenience to say it here.

Please DO NOT promote any illegal activity. Yes there are ways to work around the OP's problem but none of them are stated in the official rules!

opalhort