Non-imm Type B Problems After Overstay

[drbrit]

Dear All

A tricky situation which I hope members can advise to resolve:

End of last year my employer company closed office in BKK. However, I still had a Non-imm type B visa, valid for nearly a year. The work permit was cancelled but the cancellation slip (x.x.x 10 ?) was never given to me, as the offices closed and staff made redundant.

Our lawyers also gave dubious advice that I could continue to use the visa until I get a new job.

I exited the country 3 times since Nov 2004.

Now I have a new job offer (with a very reputable multinational company), and consulted with Immigration BKK to see how to proceed to ensure the new Type B I will need. They told me: "Cancel the old visa, pay an overstay (which was back-dated to Nov 2004), and the case will be cleared and I can proceed". I eventually got the WP cancellation slip out of lawyer storage and followed Immigrations advice.

Now I am in HK, and the consulate has just rejected my non-imm Type B application. The reason is because they said they will not issue a non-imm if there is an overstay visa. There was no room for discussion on the matter, believe me.

They are giving me a Tourist 30 day visa, and said I could "convert it" to a type B by speaking to Immigration BKK. I have never heard of such a practice, it sounds like a brush-off.

I have always worked fully legally in Thailand, and this situation is endangering my new job position with a major company here. The annoyance is that openly admitted the errors in the case, followed Immigration's advice, paid the maximum fine, and they told there should be no repercussions.

I could try to apply at say Penang, but fear another rejection.

Can anyone advise or offer services to assist?

Many thanks

[astral]

The embassy in Hongkong has never been reknowned for its helpfup

approach.

I have never heard of a paid up overstay being a problem when applying for a new visa.

Try Penang or renew your passport to leave the record behind.

Edited July 13, 2005 by astral

[lopburi3]

They are providing correct information. Immigration can convert a real tourist visa (60 day) to a non immigrant type visa for a fee of 2,000 baht.

Application for change of visa type to work in Thailand (NON-

Application to change visa type

Passport copy

1 passport picture, 4x6 cm.

Fee 2,000.- Baht

Letter stating reason for employing a foreigner and asking for permission to change visa type

Employment confirmation (according to the standard set by the Labour Department)

Company registration confirmations

Value added tax register, special business tax register, shareholders list

Company registration certificates

Budget documents of company or letter of notification

Income tax documents (P.Ng.D. 1, P.Ng.D. 50) or letter of notification

Evidence of education and experience of foreigner

request to change visa type by BOI, Industrial Estates of Thailand or Petroleum of Thailand (if any)

Remarks 

The applicant's documents are required to be certified by himself/herself on every page.

Documents of the cmpany must be certified by the authorized director(s) with the company seal (if any) affixed on every page.

Please prepare and submit all documents as listed in a complete set on the filing date of application for convenience and expeditious processing (contact call: 0-2287-4948)

In case any relevant documents of application are issued in a language other than English or Thai, these must be translated into English or Thai and ceritfied by the Embassy or Consulate of the aplicant's county in Thailand.

Edited July 13, 2005 by lopburi3

[drbrit]

Yes I have heard that HK is rather uncooperative, and witnessed it for myself today, despite speaking fluent Thai with them and attempting calm discussion.

Thanks for the info on the visa conversion.

My HR manager has only heard of conversion in the case that incorrect visas were issued by a foreign consulate.

It may well be that the period of overstay (since Nov 2004) is causing the problem.

Infact I have exited the country 3 times, so the backdating of overstay to that date is a little harsh, but I understand their rationale and followed Immigration's procedure.

Regards

[drbrit]

Do we think Penang would be as officious and reject based on the same reason (a long duration overstay, despite being fully paid up as advised by Imm BKK)?

Losing a passport - any experiences of that looking suspicious too?

Regards

[drbrit]

Thanks for the info on the visa conversion.

My HR manager has only heard of conversion in the case that incorrect visas were issued by a foreign consulate.

It may well be that the period of overstay (since Nov 2004) is causing the problem.

Infact I have exited the country 3 times, so the backdating of overstay to that date is a little harsh, but I understand their rationale and followed Immigration's procedure.

Regards

[lopburi3]

Thanks for the info on the visa conversion.

My HR manager has only heard of conversion in the case that incorrect visas were issued by a foreign consulate.

It may well be that the period of overstay (since Nov 2004) is causing the problem.

Infact I have exited the country 3 times, so the backdating of overstay to that date is a little harsh, but I understand their rationale and followed Immigration's procedure.

Regards

<{POST_SNAPBACK}>

You have me curious now: were you using a multi entry B visa or did you have an extension of stay?

[drbrit]

Multiple entry 1 yr visa. No need to exit every 90days (though I did exit a few times since last year).

[lopburi3]

Multiple entry 1 yr visa.  No need to exit every 90days (though I did exit a few times since last year).

<{POST_SNAPBACK}>

There is no such thing. A multi entry visa requires you exit every 90 days. An extension of stay allows you to remain in Thailand but you have to have a re entry permit (which may be single or multi type). Just trying to pin down exactly what you had as there is often confusion on terms.

[drbrit]

Thanks for clarifying terms Lopburi3. To be more precise:

The visa was marked MULTIPLE. There is an additional stamp, which must be the re-entry permit (also multiple). Sorry its at the consulate right now, so going on memory.

Whenever I entered the country from business trips, my entry stamp always showed permitted to stay until the date on the non-imm visa (which was more than 90 days ahead).

e.g. - I entered in Jan 05, and entry stamp would say "until Nov 05"

Regards

[lopburi3]

Ok what you seem to have was an extension of stay and when you lose employment (reason for the extension) you lose the extension. You continued to use the extension of stay and associated re entry permit to enter Thailand so immigration was probably cutting you some slack in only requiring overstay payment and I would go with the visa change as they seem to understand your situation.

If you had only been here on a 90 day visa entry and lost employment you could continue to use that visa - but on an extension of stay and a B visa tied to it you are out of luck.

[drbrit]

Understood, thank you.

So I guess the way forward is to 'convert' my upcoming tourist visa to a Non-Imm B in Immigration BKK, as you described in your first reply posting.

I was not aware that such a process was possible, and thought another attempt at Penang result in the same problem, or changing passport to be similarly suspicious.

I had received mixed opinions from other visa consultants recently - from "don't worry about it, you're fine" to "pay the max fine and come back in"

Many thanks