4 Year 3 Month Overstay

[simplylookingforadvice]

I am already a permanent member of TV and this is not my normal account, I set up this account in the interest of getting the best advice I can from you members at TV.

Before you rain down on me with the accusations of stupidity and "making all farangs look bad", listen I've made a bad jugdement of error and am simply asking for some clarification. I've done a lot of research and have read so much conflicting information regarding long overstays.

My reticence to clear this problem up has definitely stemmed from the fear of the consequences. Yes I know it was I who precipitated these problems, you don't need to tell me, I've only just got up the nerve to make this post.

If you're here to post inflammatory comments, then please look elsewhere. Thank you.

My case is as follows:

I am a UK national and I still have my expired passport and the T6 card and entry stamp are as legible the day they were entered into my passport (highlights and all)

I entered the Kingdom of Thailand in January of 2007.

I did one visa run to Myanmar, before I fell on hard times. Financial catastrophe and momentary mental health issues - all gladly resolved now.

I met my current wife, she took me under her wing and we worked our way up from nothing, by selling fish (bla som, bla sot and bla de deeow). I am really not joking, I drove a song tao to the market for 10 months.

Initially when I came I had a very sour relationship with my parents, but they have since visited me here and we made our peace. After repairing the relationship with my parents they have be helping me since.

I have never been gainfully employed in the Kingdom of Thailand, I have had money remitted to me from my parents into my Thai wife's (we are not legally married) bank account for the past 2 years (generated from a sale of a house I owned in Spain and the sale of a business.)

My mother is extremely unwell and this has brought about my imminent return to the UK.

Money is currently no concern to me, I could afford any fines, bribes, flights, etc. There is literally no limit.

I can arrange for a British relative to fly out to me to assist me at a moment's notice (i.e. to be on the outside if I wind up in the IDC and visit me every day).

My Thai wife is also prepared to come and assist me in BKK, when the time comes to bite the bullet.

I keep a very low profile and do not attract attention to myself in any way. I intend to keep it that way.

I speak fluent Thai now and my reading and writing are coming along well.

I can definitely continue to support my family and myself for the forseeable future.

I am nervous about engaging a Thai lawyer (no matter their reputation) as I am unsure about the client-lawyer confidentialy agreeement pertaining to illegal immgrant status in the Kingdom of Thailand and I don't want to find out the hard way.

If necessary, I could definitely get a Thai to vouch for me, i.e. a reference for a "character of good standing."

THIS IS NOT A WIND UP!

If you're kind enough to offer me some words of advice, I would really like to know what would be the best way to go about confronting the issue and what potential repercussions I could face and also what would be the most likely outcome.

Is there a serious chance of blacklisting? I have met my life partner in Thailand, she is my rock and my soul mate and she needs to be here to attend to her large family, a protacted stay overseas for her is not an option. I need to be able to come back here.

I thank you all in advance for any support (in any form) you can give and I trust you will respect my wishes not to be pointed at and told I'm a darned fool. I'm fully aware of this fact.

Edited April 18, 2011 by simplylookingforadvice

[ding]

Quite a story!

I can only offer my personal thoughts about that situation, sorry I'm not an attorney nor a British citizen.

From the description of your wife's actions and your expressed feelings toward her - I would see that as my prime relationship in life. I have to imagine the bad-blood between your parents and you may have been from both sides - but only your brutally honest self-assessment can determine that.

Looks to this amature lthat you may risk being ejected from Thailand and may, or may not, be a candidate to obtain UK citizenship for your wife. This brings up the need for legal counsel. You've done research and came up wanting, so it seems you need an expert. This is a unique situation so you may need an attorney and an ally in the embassy as well, I don't really know. Others here may help you there. But there are farang legal experts and attorneys there - there may be a ThaiVisa sponsor you could call. Referrals happen!

Your parents love you it seems and may understand that you've stuck yourself with respect to visas, and also that you deeply love your wife. I've had to let go of my parents. I sometimes feel that I'd give all I have just to thank them, and say that I'm sorry for being a puke - and that I love them and will for the duration love them. My parents are dead. You are so lucky that you can still express your feelings to them. We all have to let go eventually and then grieve - and then always remember them.

FWIW I'll hold a thought for ya!

Edited April 18, 2011 by ding

[Bizz]

Sunbelt best bet if you have enough lolly. 20000baht max fine. passport is out of date so get new one that is your main priority.

Best of luck i would not worry to much get your new passport first

[colinthailand20005]

You'll be fine, just turn up at the airport, with old & new passport and flight ticket out and 20,000 baht + a sweetner for the immigration officers, you be on your flight, the worst that will happen is, being detained for a few days max, then deported at your own expense, but don't worry about blacklisting, unless you are a serious criminal that won't happen.

[H2oDunc]

I took a friend out of Thailand last Xmas who had a 3.5 year overstay and no exit card. There was no hassle at all. Get a new passport, get a ticket out of Thailand, dress respectfully and be humble and apologetic when you get to immigration. It really is no big deal to them and is actually seen as good for Thailand as they get extra money in fines etc. My friend went to Penang and was given a 3 month tourist visa for free the next day and returned to Thailand the next day.

He too had heard and read about all overstayers being jailed and blacklisted etc so like you was very worried. Don't be. I have found that those that are in prison for overstay have also committed other crimes and the overstay is just a coincidence.

Like yourself my friend had had a run of very bad luck but is now back on his feet. Good luck and don't worry. You could always get a friend to go out with you as support as I did ?

[beano2274]

I had a friend who had an expired UK Passport, over 3 years overstay no money. We got assistance from the Embassy to get him a Passport and getting money from his mother, after receiving the new Passport, he did a border run with Claudio (everyone here knows Claudio), got a new tourist visa and came back into Thailand, he paid his fine with the help of Claudios lot. If you can do this then it is a start. My friend forgot the most important thing after getting all the help and assistance, he forgot to keep doing the Visa runs hence another overstay of about 6 months already incurred.

Edited April 19, 2011 by beano2274

[beano2274]

If you have the money, get legally married, then get a Non Immigrant based on marriage, change from the tourist visa to the Non Immigrant O. Lists of the requirements are on the forum to see. At least then after getting the new visa with Claudio you can be really legal and marry the woman who has taken you under her wing and helped you sooo much.

[keestha]

he did a border run with Claudio (everyone here knows Claudio), got a new tourist visa and came back into Thailand, he paid his fine with the help of Claudios lot.

After 19 years in Thailand and participating in this forum since 2003, I have never heard of Claudio, maybe I am a bit out of the loop? Assuming Claudio is legally offering some kind of service, could you be a bit more specific?

[ClockworkOranges]

I hope no one bashes this guy. He seems like a good guy who once fell on hard times. Stuff can happen and by the sounds of things, he has his life in order now. Before anyone starts with "you give all ferangs a bad name" please just give the guy a break.

My opinion - based on 8 years living here and knowing a few people in simmilar situations - is that you will be fine.

Your best bet would be to consult Claudio in Bangkok who may assist with immigration - it would be a same day deal; visa run to border, pay fine, return.

To be honest though you realy will be fine simply flying out of the airport without third party assitance. You will hand over your passport, the immigration official will give a big "wooo-hooo ooooii" then he will simply direct you to the overstay counter where you will pay your 20,000 and leave without any fuss. Just be polite obviously and dress well.

Just hold your nerve and go for it. It will be fine. Just make sure you do not do this again. I imagine it must be quite stressfull knowing you are here as an illegal, looking over your shoulder etc.

Good luck.

[lopburi3]

Forum rules allow only one account and this account posting does not appear to have been made in Thailand. Closed.