If You're Arrested For Visa Overstay…

[george]

If you're arrested for visa overstay…

A layman's guide to the ins and outs

PATTAYA: -- Statistically, you are more likely to be arrested for visa overstay in Thailand than for any other offence. Nobody knows the exact figure, but it’s certainly several hundreds a year with all nationalities combined. There are usually a handful of farangs in the Pattaya police station cells at any one time, and it’s a fair bet that most of them will have overstayed their legal stay in the Land of Smiles.

Overstayers have turned up who are months or even years in residence as illegal immigrants. The longest number of years known to the present writer is eight years, and that’s probably not the record by any means. This particular guy had lived rough, usually on the beach, for ages and knew how to survive by begging food and cash from indulgent proprietors and sympathetic tourists. He was especially adept at “borrowing” sandwiches from picknicking families. That man’s overstay had started like most people’s – he just couldn’t face going home, to Accrington in Lancashire in his particular case.

At first, he went on cheap visa runs to the Cambodian border before his cash situation became desperate and the ATM machine eventually swallowed his credit card. But most overstayers soon find their bleak situation intolerable and want to give themselves up. At least, they do feed you in jail. One of the more bizarre aspects of my job is accompanying unhappy men to the immigration police, at their request, as they are literally desperate to be arrested and don’t know how to achieve their aim. Yet many, probably most, overstayers don’t surrender voluntarily. They are reported to the police by a wide range of persons who don’t wish them well – former lovers, fed-up creditors, angry landladies, business partners anxious to get even and so on. Whilst it’s true that overstayers can usually avoid imprisonment if they can pay the 200 baht a day fine (up to a maximum of 20,000 baht) and provided have a valid air ticket in their possession, most offenders are not in that fortunate situation. So they have to be processed along with all the others.

Under Thai law, offenders normally have to be presented in court within 48 hours. Typically, a guy will be held in Pattaya police station until his appearance in Jomtien courthouse under guard. The standard fine is 2,000 baht (effectively 10 days in jail) followed by deportation, irrespective of the length of the overstay. If there are other offences to consider, say fake documents or a drugs charge, then the offender will be sent to Pattaya remand prison in Nong Palai sub-district or even be granted bail if he has the appropriate cash bond and a broker willing to guarantee him. However, that’s unlikely as nearly all overstayers are financially broke. And they’re invariably male. So a typical offender will find himself back in Pattaya police station cells to serve his sentence. There will then be a further delay awaiting the arrival of the formal court paper work, including the “kam pit pak saan” or judge’s summation.

If, by this time, the offender has raised enough cash for an airticket – one complication is that some airlines won’t take deportees – and transport to Bangkok airport, the immigration police may take him direct as a discretion. However, it’s more usual for the overstayer to be transported by police van to Bangkok’s immigration detention centre to await these formalities. It’s a common question as to what happens to guys who can’t raise the money for an airticket home, even through friends and relatives.

The answer is that it depends on the man’s embassy. Most western embassies eventually, maybe after many months of waiting, will purchase the ticket but only on an “undertaking to repay” or loan basis, with the passport confiscated as collateral. It’s taxpayers’ money back home and thus a deliberately slow process. Finally, visa overstayers will normally be allowed back into Thailand by the immigration authorities although they may find themselves ineligible for long visas and work permits.

The Land of Smiles still wants your money and assumes, rightly or wrongly, that you have learned your lesson.

-- Barry Kenyon, Pattaya Today 2006-01-16

[astral]

Phew.

When I read the headline I thought it was you who had overstayed George.

Interesting report and a good warning to us all.

[redrus]

I remember the first time I left LOS around 9 years ago now and, at the tender age of 21 being pretty intimidated when I was pulled aside and into "special" room by some boys in brown that didn't want to speak English to me at all.

They eventually told me what the problem was and I payed a good few grand for my overstay.

I didn't really understand the problem at the time but, was later told. When you left England with the 3 month visa, it wasn't actually a 3 month visa it was only for 2 months. You used to have to go to an office, I presume at a border and get the last month validated. I hadn't done this and so was effectivly a month over.

I didn't make the same mistake again.

redrus

[lopburi3]

I remember the first time I left LOS around 9 years ago now and, at the tender age of 21 being pretty intimidated when I was pulled aside and into "special" room by some boys in brown that didn't want to speak English to me at all.

They eventually told me what the problem was and I payed a good few grand for my overstay.

I didn't really understand the problem at the time but, was later told. When you left England with the 3 month visa, it wasn't actually a 3 month visa it was only for 2 months. You used to have to go to an office, I presume at a border and get the last month validated. I hadn't done this and so was effectivly a month over.

I didn't make the same mistake again.

redrus

The tourist visa is valid for 3 months - that means you have 3 months to enter Thailand. The visa only allows a stay of 60 days and that is what is stamped in your passport. You are allowed to extend your 60 day stay for an additional 30 days with a visit to an immigration office and payment of 1,900 baht to file a TM.7 form if you so desire. Nothing has changed.

[redrus]

I remember the first time I left LOS around 9 years ago now and, at the tender age of 21 being pretty intimidated when I was pulled aside and into "special" room by some boys in brown that didn't want to speak English to me at all.

They eventually told me what the problem was and I payed a good few grand for my overstay.

I didn't really understand the problem at the time but, was later told. When you left England with the 3 month visa, it wasn't actually a 3 month visa it was only for 2 months. You used to have to go to an office, I presume at a border and get the last month validated. I hadn't done this and so was effectivly a month over.

I didn't make the same mistake again.

redrus

The tourist visa is valid for 3 months - that means you have 3 months to enter Thailand. The visa only allows a stay of 60 days and that is what is stamped in your passport. You are allowed to extend your 60 day stay for an additional 30 days with a visit to an immigration office and payment of 1,900 baht to file a TM.7 form if you so desire. Nothing has changed.

I think thats what I said.

You put it better than me though, thanks for clearing it up....

redrus

[Thaipwriter]

Great piece.....can we ask the Author to give us some similar info on the scenario of those that are caught working without a work permit.

That would be good.

[hertog]

If you're arrested for visa overstay…

A layman's guide to the ins and outs

PATTAYA: -- Statistically, you are more likely to be arrested for visa overstay in Thailand than for any other offence. Nobody knows the exact figure, but it’s certainly several hundreds a year with all nationalities combined. There are usually a handful of farangs in the Pattaya police station cells at any one time, and it’s a fair bet that most of them will have overstayed their legal stay in the Land of Smiles.

Overstayers have turned up who are months or even years in residence as illegal immigrants. The longest number of years known to the present writer is eight years, and that’s probably not the record by any means. This particular guy had lived rough, usually on the beach, for ages and knew how to survive by begging food and cash from indulgent proprietors and sympathetic tourists. He was especially adept at “borrowing” sandwiches from picknicking families. That man’s overstay had started like most people’s – he just couldn’t face going home, to Accrington in Lancashire in his particular case.

At first, he went on cheap visa runs to the Cambodian border before his cash situation became desperate and the ATM machine eventually swallowed his credit card. But most overstayers soon find their bleak situation intolerable and want to give themselves up. At least, they do feed you in jail. One of the more bizarre aspects of my job is accompanying unhappy men to the immigration police, at their request, as they are literally desperate to be arrested and don’t know how to achieve their aim. Yet many, probably most, overstayers don’t surrender voluntarily. They are reported to the police by a wide range of persons who don’t wish them well – former lovers, fed-up creditors, angry landladies, business partners anxious to get even and so on. Whilst it’s true that overstayers can usually avoid imprisonment if they can pay the 200 baht a day fine (up to a maximum of 20,000 baht) and provided have a valid air ticket in their possession, most offenders are not in that fortunate situation. So they have to be processed along with all the others.

Under Thai law, offenders normally have to be presented in court within 48 hours. Typically, a guy will be held in Pattaya police station until his appearance in Jomtien courthouse under guard. The standard fine is 2,000 baht (effectively 10 days in jail) followed by deportation, irrespective of the length of the overstay. If there are other offences to consider, say fake documents or a drugs charge, then the offender will be sent to Pattaya remand prison in Nong Palai sub-district or even be granted bail if he has the appropriate cash bond and a broker willing to guarantee him. However, that’s unlikely as nearly all overstayers are financially broke. And they’re invariably male. So a typical offender will find himself back in Pattaya police station cells to serve his sentence. There will then be a further delay awaiting the arrival of the formal court paper work, including the “kam pit pak saan” or judge’s summation.

If, by this time, the offender has raised enough cash for an airticket – one complication is that some airlines won’t take deportees – and transport to Bangkok airport, the immigration police may take him direct as a discretion. However, it’s more usual for the overstayer to be transported by police van to Bangkok’s immigration detention centre to await these formalities. It’s a common question as to what happens to guys who can’t raise the money for an airticket home, even through friends and relatives.

The answer is that it depends on the man’s embassy. Most western embassies eventually, maybe after many months of waiting, will purchase the ticket but only on an “undertaking to repay” or loan basis, with the passport confiscated as collateral. It’s taxpayers’ money back home and thus a deliberately slow process. Finally, visa overstayers will normally be allowed back into Thailand by the immigration authorities although they may find themselves ineligible for long visas and work permits.

The Land of Smiles still wants your money and assumes, rightly or wrongly, that you have learned your lesson.

-- Barry Kenyon, Pattaya Today 2006-01-16

[astor]

Dear George don't you have something of more optimistic to post?

Two days ago about Jffcct and now this inauspicious post.

[redrus]

Dear George don't you have something of more optimistic to post?

Two days ago about Jffcct and now this inauspicious post.

Never happy some people.....!

You can start a thread if things arn't to your liking....

redrus

[hertog]

Arrested for Overstay

Unfortunately I got myself in trouble this way about 4 years ago. In addition I got done for working without a work permit. Stayed in the hospitality suite in Phuket prison, then on to Bangkok. I was given some papers to sign there and was indeed told that I could return. A warning though, it turned out that I was blacklisted. Don't believe what Immigration in Suan Phlu tells you.

Anybody out there who knows how to get oneself delisted? Any info much appreciated.

[Maestro]

Anybody out there who knows how to get oneself delisted?

Change your name and get a new passport, I guess.

-------------

Maestro

[Orion76]

Anybody out there who knows how to get oneself delisted?

Change your name and get a new passport, I guess.

-------------

Maestro

A British friend of mine did that and they put a note in his new passport stating he had changed his name and what his old passport number was.

I guess they are on to this trick already and check the "Page reserved for issueing authorites" page in your passport, which is page 6 in mine.

Edited January 18, 2006 by Orion76

[evadgib]

A British friend of mine did that and they put a note in his new passport stating he had changed his name and what his old passport number was.

I guess they are on to this trick already and check the "Page reserved for issueing authorites" page in your passport, which is page 6 in mine.

Easily solved by;

i) NOT declaring you had a previous passport or

ii) NOT using the same UK address or

iii) Losing the SECOND passport!!

Edited January 18, 2006 by evadgib

[hertog]

It had crossed my mind as well. Problem though is that if you get caught it may well get you a year or so in jail. Their computers also hold date and place of birth, and those are a bit more difficult to hide. Anyway thanks your suggestions.

Would like to get my name of the list though, so any input about how this can be done would be much appreciated.

[evadgib]

It had crossed my mind as well. Problem though is that if you get caught it may well get you a year or so in jail. Their computers also hold date and place of birth, and those are a bit more difficult to hide. Anyway thanks your suggestions.

Would like to get my name of the list though, so any input about how this can be done would be much appreciated.

Why not speak to the thai authorities in London?

Edited January 18, 2006 by evadgib

[redrus]

It had crossed my mind as well. Problem though is that if you get caught it may well get you a year or so in jail. Their computers also hold date and place of birth, and those are a bit more difficult to hide. Anyway thanks your suggestions.

Would like to get my name of the list though, so any input about how this can be done would be much appreciated.

I don't know for certain fella but, I'm not sure there will be a way off it.

If there is a way, it will probably be one called time. You say this happened 4 years ago (overstay and caught working without a permit), my thinkin would be 5 years but, this is Thailand. Could be ten or as I said never.

With any luck this may spur on someone who really does know or, tell you who you need to speak to.

Good luck.

redrus

[hertog]

It had crossed my mind as well. Problem though is that if you get caught it may well get you a year or so in jail. Their computers also hold date and place of birth, and those are a bit more difficult to hide. Anyway thanks your suggestions.

Would like to get my name of the list though, so any input about how this can be done would be much appreciated.

Why not speak to the thai authorities in London?

Did this and they gave me a visa saying I would get into Thailand. Had this copied to Thailand and checked and immigration was definite that I would not get in. They refused to say if it was possible to get deleted from the blacklist claiming they were very busy. Thats what prompted my post. I have now decided to send a laywer friend down to Suan Phlu. Maybe they will be a bit more cooperative this time.

[dr_Pat_Pong]

The lawyer will be better off going the political route. The Minister of the Interior is the person to deal with. Suan Phlu can't help.