Wrong Stamp At Immigration Due To Unoticed Expired Visa - 40+ Days Overstay, Need Help And Solutions

[visatrouble]

Please see attached file for details of my problem.

Can you help?

Here is my problem.

I have a UK passport (pages many, validity till 2022)

Yesterday i went to BKK immigration to extend my 2nd entry (on tourist visa)

My current visa stamp expires on 19aug (so i was prepared to pay 1 day overstay)

They refused me extension because they see that my visa expire 20 June and therfore claim i got given the wrong stamp (60 days from entry on 21June)

and told me it's my fault for not checking, and that the only place i can work this out is Arran/Poipet border.

They said i would have to get correct stamp (15 days permit) and then pay for overstay.

My example

On 21 June i went for visa run to Cambodia border (Arran/Poipet)

(correct stamp should be = +15days visa by land tourist)

6 July (new correct stamp valid untill)

Today = 21 Aug

(6 Jul - 21aug = 46 days overstay!?)

Overstay fine = maximum penatly 20,000 + possible jail + blacklist ???

Obviously i want to avoid JAIL / BLACKLIST / CRAZY FINES for something that i feel isn't my fault.

Questions

1. is my only solution to go to border and pay for 46+ days overstay

2. Can i sort out this mess another way (i.e. specialist service that some may offer?)

3. If i go airport will i simply just pay 20,000Baht and no repurcussions (jail/blacklist etc.)

4. What would you suggest i do?

Immigration police at BKK immigration was Less than helpful, hence i'm asking real experts here...

[ubonjoe]

It appears to me that immigrantion and you are both at fault.

You could go back to immigration and try to get it sorted out by asking to see a supervisor or a higher level officer.

Or just leave via the airport and be prepared to pay the 20,000 baht fine if they notice the stamp error or 500 baht per day since the 20th if they don't and then return getting a 30 day entry.

[lopburi3]

You are overstay as you were only authorized a 15 day visa exempt entry so yes you must get this corrected and pay overstay from that date until you depart at 500 baht per day with 20k max. You will not be arrested or blacklisted if you take care of this issue but it does need to be taken care of and you will not be allowed to exit the country until it is.

1. I suspect that is the only answer if Bangkok will not correct - it is normal that you must go to the error source for correction.

2. Any such attempt would be at real risk of legal consequences. The procedure is to correct the stamp and pay the fine.

3. Suspect you will be prevented from exit as computer will likely show status of an invalid entry stamp rather than simple overstay.

4. I would suggest you do as advised and have corrected - you can ask again if you can keep calm but trying to make it immigration's fault will likely not be productive - you are the person who presented the invalid visa as real (you are supposed to know it can not be used beyond the expiration date).

[NHJ]

you tried to trick the system however you're now tricked, simply sort it out.

Go to the border, pay the fine and come back, simple as that, no black list whatsoever to worry about.

[animatic]

It seems you are screwed on this one, Their mistake,

but technically yours in their eyes. 46 days is 23,000 so you will pay the 20k.

Do it ASAP, any elapsed time from 'knowing about it and doing it',

will count against you for re-entry. In their eyes again.

Basically for any over stay, dealing with it promptly, contritely and courteously

will get you let back in, but have your belongings because you might have

overtimed your total yearly allotment, or just get the bad immigration guy,

on a bad day. Or you pushed too hard for 'a break' and it goes the opposite way...

and might not get let in at that point.

So have travel cash available to pay fine and get to airport and fly somewhere,

better safe than sorry on the border of nowhere needing to get somewhere fast,

and you're cash strapped and your bags in LOS.

Good luck.

Edited August 21, 2012 by animatic

[Mario2008]

.......... Do it ASAP, any elapsed time from 'knowing about it and doing it',

will count against you for re-entry. In their eyes again.

Basically for any over stay, dealing with it promptly, contritely and courteously

will get you let back in, but have your belongings because you might have

overtimed your total yearly allotment, or just get the bad immigration guy,

on a bad day. Or you pushed too hard for 'a break' and it goes the opposite way...

and might not get let in at that point.

........

Sorry, but that statement is nonsense.

[psmiller]

Well this happened to me a few years ago, it was a simple process just to go to immigration to sort it out. The mistake was quite obvious and they fixed it straight away.

[mihalis]

Happened to me earlier this year..

Passport being stamped for 30 days instead of 60, which visa i paid for allowed.. Disputed it at airport as i was leaving, i advised them, that visa number was written on my entry ticket, and given to Customs when i entered Thailand, after they huffed and puffed, customs officer, went through computer and changed my date on passport.. No fines, all good...

[leeh07]

you might have

overtimed your total yearly allotment..

What is the Yearly allotment?

[visatrouble]

Thanks for all the replies related to this querry, can't beat first hand knowledge, I have been asking outside of this forum (also knowledgable people) and am receiving mixed replies. Also it makes no difference to some, but i affirm this was an honest mistake, i didn't try to cheat the system, after all it's not my job to check passports...

- one guy with over 10 years visa running company experience claims go nowhere else but the point of error (poipet) and argue (politely) that it is their mistake, and if i am lucky i will just get charged the days overstay from the 19th Aug (the stamp in valid until date) + if don't have money take the claim over to Brit embassy - he says i shouldn't feel forced to pay...

- Some swear by the airport + plane ticket + 20,000 route, seems to be a tried and tested escape magic...but others are advising strongly against it!!!

- No one has mentioned blacklist or jail is probably (unless cought off-guard i.e. not submitting error by my own admission)

- Yearly alotment? not sure about that?

[KED]

It won't help in your situation, but at least this serves as a reminder for all to check the validity date of your entry stamp when returning to Thailand. Unfortunately, yours is not the first mistake I have read here and heard from friends.

Good luck in fixing the problem with minimal difficulties, I agree that you should either 1). Go back to original entry point and politely request a correction. 2). Arrange a flight out of Thailand and pay the THB 20,000 fee or 3). if in Bangkok, check with Chaeng Wattana to correct the mistake.

[lopburi3]

There is no yearly allotment or option to turn over your debits to UK Embassy. The simple fact is you have overstayed and it will have to be paid.

The normal exit on overstay is indeed airport and payment but in your case it is an improper entry stamp and that could prevent your departure until resolved.

[Ohyesuare]

As someone else said in immigrations eyes it's your fault and also your responsibility to make sure you got the right stamp before leaving the window.

I don't suggest going to any border, if you get stopped at a police checkpoint and they see your overstay you will be taken to jail or the immigration detention center.

If you have the 20,000 just go to the airport ASAP, pay the fine, let the immigration officers laught at you for a few minutes and fly out and back to any nearby country.

[visatrouble]

Thanks again, just to clarify, Chaeng Wattana Immigration CANNOT HELP at all, it's as if they are different country to immigration border at Arran/Poipet, they must be so good at Solitaire it's scary - or perhaps the computers aren't even plugged in

[BeforeTigers]

You would have been in a stronger bargaining positon had you not shown up late for the day you thought you were supposed to leave.

Pay fee. Leave Thailand.

Pretty straightforward.

[zakk9]

This is the result of a rather strange policy by Thai immigration:

When getting a double entry visa, the last date for the second entry is three months after the issue of the visa, which is also the maximum time for stay in Thailand. That means that if one stays the maximum time, there's no time for travel in other countries between the entries. That makes the visa rather useless for many long time "real tourists/travellers" like backpackers, who tend to stay for weeks or months in each country. For those who live in Thailand permanently and only cross the border for a visa run every third month however, it's perfect, and it makes me suspect that this is the exact purpose with the visa: It's a visa runner's visa.

Other countries where I've had double entry visas previously have had a 6 month limit on the last entry, while single entry visas tend to be 3 months maximum, some even shorter.

Oh... and I almost had this exact thing happen to me last year, but fortunately (much to my dismay then) the immigration officer in Aran discovered that my visa had expired. It's easy to oversee that date, since it doesn't make logical sense that it should expire that early. I did.

[Jane Doe]

If they have entered the data into their system it is worth asking them to check. It might be you got the wrong stamp, but the system shows the right date. That would probably help with your negotiations

[visatrouble]

Hi, I thought it's important to let everyone know i am not Blacklisted / In Jail or otherwise Deported from Thailand, on the contrary i am back and i want to update everyone who faces the same situation as i did.

1. TRUTH = it is correct that it is 100% up to you to make sure that you have been issued the correct visa stamp / and it is equally up to you to make sure that all your visa / passport documents are in validity. If the detail is overlooked by Thai border officials, then it's still your duty and responsibility and ultimately fault!

HOW TO DEAL WITH THE PROBLEM.

1. IF you are lucky and notice the error soon - go back to the same border immigration point at which the error occurred. Depending on your passport it will vary, for Brit passport if within 15 days there will be no charge to change the stamp if entry by land and 30 days if entry to Thailand by air.

2. You can calculate if you have overstayed from the date of entry + the actual amount of days you SHOULD have been given. I.e. in my scenario where my visa had expired i should've been given 15 days (because entry by land). I calculate overstay from Entry date + 15 days after entry day to the current day when i realise the problem.

3. Leaving via Airport may give you an advantage as 50% people including lawyers recommend this option, they say there is less time for passport checking and since you are leaving the country anyway they are unlikely to do much more than make you pay ACTUAL overstay or PERCEIVED overstay. - However be warned many experts claim the only method to fix this error is to return to the point of the error.

4. Trying to leave at any port Air or Land you may simply get lucky and they will not notice the error, especially if you are within you perceived stamp (even if it is erroneous). So either your lucky but keep the money ready in case you do need to pay out the maximum overstay 20,000 (anything over 40 days) or the 500 Baht per everyday you have overstayed.

5. Computers at check points do no store previous information about entry or exits, they only flag any deviant information, example, blacklist, criminal record and so on, so at the end of the day it's really a case of one human error which may get overlooked due to another human error...

At the end of the day, remember you are f**ked and no one is here to help you, the British embassy advised me to fight, but that i would also need to hire a lawyer to defend my rights, which would probably end up costing the same or more amount of money.

If all else fails call in a favor from someone well connected, off course not everyone is so fortunate to known such people, but if you do, it's time to owe someone...especially if you would like to save a fair bit of money.

If anyone has any other questions related to this matter please don't hesitate to let me know.

All the best and once again a big thanks to all who took the time to offer their advice and time.

Anyway, i'm happy to be back in the LOS and looking forward to sorting a nice juicy yearly visa and stop f**king around with these visa runs all together.

[lopburi3]

Thanks for the update - below keyed to your above post.

1. There was no need to correct stamp if you had departed during the allowed period of stay - but those with a stamp for a shorter period than actual visa/or other entry should have been would have to correct to continue stay to what they should have been allowed. The error can be, and more often is, that you will be stamped for 15/30 days when you should have stamp for 60/90 days so important to check and correct.

2. When counting remember entry date is day 1 (not zero).

3. Payment is the same at any exit but obvious overstay is a police matter and only immigration police can take direct action so a check in border area by normal police could cause arrest/court in addition to payment so best to use airport after an overstay. Errors can sometimes be fixed by local immigration (always by Bangkok for airport arrivals) but may require return to entry point for some.

5. Computers most surly do have access to previous arrival information (that is how they figure out when a departure card goes missing).

[IMA_FARANG]

This shows, once again, that everyone should always check their visa and/or entry stamps before leaving the immigration area.

If it looks wrong ask a question then.

Any mistakes can be corrected then and there....saving you a lot of problems later on.

[lopburi3]

True but for OP he believed he had the right stamp - the issue was his visa was not valid but immigration failed to notice until he attempted to extend his stay.