2 Year Overstay

[stbangkok]

Yep, another silly farang has made a mistake, taking the stamp on my work permit as the last day i can stay......but the time that expired in Feb i was told i was as of then 18 months overstay, even though immigration were still stamping me every 90 days etc.

Bottom line is they will accept no liability so i am not around 21 months overstay, heard all the stories, and had lots of different advice. But the embassy told me for certain the airport is no longer an option and if i turn up there i will be arrested and taken to IDC. He said i will there have to pay 11.800 baht fast track to be alllowed to leave next day. I also have to go back to UK where i am from, not allowed to go to KL to get new visa etc.

How much of this is true? Does anyone have contact detauls for Claudio?

Cheers

[beano2274]

google thai visa run and you will find him.

Sorry but how can you or your company not see an Overstay?

[merijn]

They are probable correct in that you can't solve this at the airport as the overstay is to long.

Basically you have two options.

Go the immigration office and plea that you pay the overstay fine ( max 20.000 baht ) and solve the problem this way. But again due to the long overstay they will probable arrest you and put you up for deportation after you paid the 20.000 overstay fine first.

Or go to a police station and hand yourself in, in this way you will brought before court and properly get a 1000 Baht fine and handed over to immigration for deportation.

When they are going to deport you, you will be placed under arrest and put in jail until you can hand over a one way ticket to your home country after which they will put you on the plane.

You can not buy a ticket to Malaysia for example instead it has to be to the UK

[stbangkok]

We just did not, immigration even said to my face last August when i asked them, yes sir this visa is still valid etc, as we were not sure. Call me an idiot or liar but i know the truth and even kept the officers name and compalined but they accept no liability. So bottom line is i am screwed and looking for help/advice etc.

google thai visa run and you will find him.

Sorry but how can you or your company not see an Overstay?

[stbangkok]

Yes we have been told this before, but then two lawyers and many others say no, it will just be done as usual at the airport it ia all very confusing.

They are probable correct in that you can't solve this at the airport as the overstay is to long.

Basically you have two options.

Go the immigration office and plea that you pay the overstay fine ( max 20.000 baht ) and solve the problem this way. But again due to the long overstay they will probable arrest you and put you up for deportation after you paid the 20.000 overstay fine first.

Or go to a police station and hand yourself in, in this way you will brought before court and properly get a 1000 Baht fine and handed over to immigration for deportation.

When they are going to deport you, you will be placed under arrest and put in jail until you can hand over a one way ticket to your home country after which they will put you on the plane.

You can not buy a ticket to Malaysia for example instead it has to be to the UK

[Macnick]

How can it be an overstay if you have been getting regular 90 day stamps, surely this would make you able to stay in the country legally?

If you are in fact on an overstay of 2 years, go to the border near Satun, be very humble and apologetic and pay 20,000 THB get a 2 week stamp and sort everything out after that.

[merijn]

There are no real guidelines about how many day overstay can be cleared at the airport.

But in general everything more then 1 year overstay will be clasified as to long and you will be arrested.

[beano2274]

You have an extension or a visa?

My friend had a big overstay, with an expired passport, he got a new passport from the Embassy, then got money from the UK and I got him to contact Claudio, he paid his overstay at the border and then got a new tourist visa and came back over.

[stbangkok]

I have been told about this Claudio chap before and was thus wondering how do i contact him?

You have an extension or a visa?

My friend had a big overstay, with an expired passport, he got a new passport from the Embassy, then got money from the UK and I got him to contact Claudio, he paid his overstay at the border and then got a new tourist visa and came back over.

[stbangkok]

Sorry i missed your question there. I had a visa which expreid May 2010, but work permit expired Feb 2011, so i stupidly assumed Feb 2011 was my last day here. But when chekcing this for my new job, they found that the visa i had until May 2010 actually was invalid from Aug 2009 as i changed jobs. It was all a big mess, but noth Phuket and Bangkok Immigration have continued to give me 90 day stamps etc. But when i complain they say it is not their liablity etc, so i have to suffer for in effect their bad advice and mistake.

You have an extension or a visa?

My friend had a big overstay, with an expired passport, he got a new passport from the Embassy, then got money from the UK and I got him to contact Claudio, he paid his overstay at the border and then got a new tourist visa and came back over.

[beano2274]

http://thaivisaservice.com/contact_us.html

[beano2274]

Ah yes you changed Jobs so the Visa became Invalid, also a WP is your permit to work, your Visa is the permit to stay, as few others have been caught out by this, thinking that the date on the WP was the date they had to leave Thailand.

A bit perplexed by Immigration though surely they should have picked that up.

Anyhow contact Claudio, link already on here.

[inthepink]

There are no real guidelines about how many day overstay can be cleared at the airport.

But in general everything more then 1 year overstay will be clasified as to long and you will be arrested.

I think this is erroneous advice and it's far from the first time that I have read it on thaivisa. I have not heard of a single person on a long overstay that has arrived at the airport in Bangkok with 20k baht and a plane ticket to their home country that has been arrested and placed in detention. I do however know of 2 people who left on a 3 year overstay and paid the fine at the airport with no problems whatsoever.

I'm not saying that it is impossible that the OP could be arrested, and 2 people is a very small sample of course, but unless you personally know someone who this has happened to then I would consider this to be suspect information. I don't mean to be rude or encourage people to overstay their visas but the facts do not seem to back up the opinions often aired on thai visa, with regard to this particular subject.

Edited May 12, 2011 by inthepink

[Mario2008]

Just go to the airport with your ticket, passport and 20,000 baht. This is a long oevrstay, but not that long. Also it is clear that this was a simple mistake and you were working legally (you thought) and not inviolved in any illegal business, which woud be their main concern if they want to detain you. In your case there is no reason for that.

[beano2274]

I think if you have proof that you are leaving Thailand that they would not bother arresting you, but would just

let you pay the fine at the desk and be on your way.

[Mario2008]

New visa in Kl should not be a problem, but email them first to see what you need and explain your situation. If you still have an employer let them contact KL, explain the situation and ask for a visa for you.

You might want to arrange a new WP, as the status of your work permit is now unclear.

[merijn]

There are no real guidelines about how many day overstay can be cleared at the airport.

But in general everything more then 1 year overstay will be clasified as to long and you will be arrested.

I think this is erroneous advice and it's far from the first time that I have read it on thaivisa. I have not heard of a single person on a long overstay that has arrived at the airport in Bangkok with 20k baht and a plane ticket to their home country that has been arrested and placed in detention. I do however know of 2 people who left on a 3 year overstay and paid the fine at the airport with no problems whatsoever.

I'm not saying that it is impossible that the OP could be arrested, and 2 people is a very small sample of course, but unless you personally know someone who this has happened to then I would consider this to be suspect information. I don't mean to be rude or encourage people to overstay their visas but the facts do not seem to back up the opinions often aired on thai visa, with regard to this particular subject.

How long ago did your friends leave the country with a long overstay ?

Airport immigration tightened up a lot on the overstay rules starting last year and I know for a fact that a few people were arrested on the airport ( Bangkok ) but I don't know exactly long their overstay was.

I dont say it is impossible but I know that they dont like it any more ( for long term overstay ) and that they are arresting people specially if the immigration officer has a bad day.

Edited May 12, 2011 by merijn

[champken]

You will be immediately arrested, thrown in a cell with about 160 illegal Cambodians and Burmese migrants, chained to the urine soaked concrete floor and be fed one meal of fish head soup daily while waiting for the slow legal process to deal with you :cheesy: of course i am only joking

I am quite sure as has been said that if you arrive at the airport with 20000baht, a valid passport and flight ticket then you should be OK..good luck

[lopburi3]

There was a very short period more than a year ago when detention to check background was normal at airport but it only lasted a couple of months from reports here.

As for the 90 day address reporting that has nothing to do with visa and there is no routine check made other than that you have a receipt for your last report and are making the new report during the time required.

[bangkrasor]

My 2 cents: friend of mine went to immigration Chaengwattana with a similar story and 20K in the pocket, this was about 2 months ago, he was send away with the message that he needed to clear overstay at borders.

Looks like immigration doesn't accept overstay clearance at their office

[inthepink]

There are no real guidelines about how many day overstay can be cleared at the airport.

But in general everything more then 1 year overstay will be clasified as to long and you will be arrested.

I think this is erroneous advice and it's far from the first time that I have read it on thaivisa. I have not heard of a single person on a long overstay that has arrived at the airport in Bangkok with 20k baht and a plane ticket to their home country that has been arrested and placed in detention. I do however know of 2 people who left on a 3 year overstay and paid the fine at the airport with no problems whatsoever.

I'm not saying that it is impossible that the OP could be arrested, and 2 people is a very small sample of course, but unless you personally know someone who this has happened to then I would consider this to be suspect information. I don't mean to be rude or encourage people to overstay their visas but the facts do not seem to back up the opinions often aired on thai visa, with regard to this particular subject.

How long ago did your friends leave the country with a long overstay ?

Airport immigration tightened up a lot on the overstay rules starting last year and I know for a fact that a few people were arrested on the airport ( Bangkok ) but I don't know exactly long their overstay was.

I don't say it is impossible but I know that they don't like it any more ( for long term overstay ) and that they are arresting people specially if the immigration officer has a bad day.

2006 and 2008 (one of the people was me actually). I did hesitate before posting in case there had been a change of attitude but I remember reading similar comments on here three years ago when people asked for advice on the same subject. I don't think that you personally have an axe to grind as you sound like a reasonable guy, but there is definitely a group of posters on thaivisa that seem to delight in telling everybody on an overstay that they will be imprisoned, tortured and then beaten to death.

My logic is that the punishment for overstaying your visa is a maximum 20k baht fine and deportation at your own expense to your home country. So, if you turn up at the airport with a ticket home and 20k baht they don't have much incentive to arrest you. However, as you say, it's always possible that you might be faced with an immigration official who has had a bad day.

Edited May 12, 2011 by inthepink

[mrjohnno]

There are no real guidelines about how many day overstay can be cleared at the airport.

But in general everything more then 1 year overstay will be clasified as to long and you will be arrested.

I overstayed 18 months quite a few years back and paid the 20,000 Baht fine at BKK. After handing over the money and getting PP stamped saying I'd paid the 20,000 fine I was told to go and get my flight. I asked if there would be any problem with me returning in the future and he just smiled and said "You paid the fine and you are welcome back anytime". This was quite some time ago so things have no doubt changed but I thought I'd throw that into the mix.

[Mario2008]

There is no deportation to your home country with an overstay, leaving is normally enough. Especially when you report yourself at the airport/border.

[inthepink]

There is no deportation to your home country with an overstay, leaving is normally enough. Especially when you report yourself at the airport/border.

I meant the punishment if you are arrested for being on an overstay.

[mrjohnno]

There is no deportation to your home country with an overstay, leaving is normally enough. Especially when you report yourself at the airport/border.

I'm glad to hear that's still the same. If however, you happen to be caught overstaying within the Kingdom then I think at least a week in the monkey house is what you are looking at.

[merijn]

It is correct that you are not automatically deported to your home country for a long term overstay, I never said that.

But in case if you get arrested ( which is possible ) and are going trough the justice system then you will be deported to your home country. ( I see this situation on almost a weekly basis, people getting deported for various reasons )

Those two situations are not the same.

Don’t forget also that when the MIB stop you at the street for whatever reason and they find out that you are overstaying you go automatically to the deportation route. Unless you can work something out with them.

The only thing I like to make clear in my postings is that you have to be careful with long time overstay and don’t take it for granted that this is not a problem when you show up at the airport.

As mentioned before I know personally people who where arrested for overstay and they were deported. ( one of them was stopped by the police on the way to the airport )

A lot of people will tell you that overstay is not a problem and just relax but it is not them who face possible problems at the airport as the guy who started this topic.

The best thing is not to create overstay in the first place off-course.

[mrjohnno]

There is no deportation to your home country with an overstay, leaving is normally enough. Especially when you report yourself at the airport/border.

I meant the punishment if you are arrested for being on an overstay.

IMO you would be banged up until the fine is paid and you have a ticket home. I can see people overstaying more these days since the daily fine is 500 Baht rather than the 250 when I done it. I would not be surprised if the maximum 20,000 Baht fine was vastly increased in the near future.

[mallyrd]

There is no deportation to your home country with an overstay, leaving is normally enough. Especially when you report yourself at the airport/border.

I meant the punishment if you are arrested for being on an overstay.

IMO you would be banged up until the fine is paid and you have a ticket home. I can see people overstaying more these days since the daily fine is 500 Baht rather than the 250 when I done it. I would not be surprised if the maximum 20,000 Baht fine was vastly increased in the near future.

And so it should be increased, to the level where it really hurts.

[inthepink]

Oh dear. This isn't going to turn into another one of those threads is it?

Edited May 12, 2011 by inthepink

[Ianatlarge]

I really don't know too much about this, but imo it would be best if you had a Thai advocate with you when you turned up where ever you decided to turn up, be it the border or the airport. Maybe get your lawyer to come with you? That way at least two people there will be on your side, and one will be able to speak and hopefully interpret Thai.