Problem With Non Immigrant B Visa

[Suze]

Hello, I wonder if anyone can assist us.. I am a Uk national and this summer returned to the Uk and whilst there obtained a Non Immigrant Type O visa for myself and a Non Immigrant Type B visa for my Italian fiance, 36 years old (who was still in Thailand - he sent me his passport by FEDEX). I had previously called the Thai Embassy in the Uk and told them he was still in Thailand - "No problem".

We were granted our Multiple Entry visas and all was ok. He subsequently did the Poipet Visa run - all fine. Then in January we took a trip to Singapore, again no problem with immigration and we were given 90 days. Last week he went to Phnom Penh with friends via Poipet. Here he was stopped and told his visa was invalid because he never physically left the country to obtain it. THey were very nice and told him they would not charge him for overstaying(!)

After he paid a trip to the Thai Embassy in Phnom Penh, where they basically said the same thing but also said that they could not issue him with a 60day tourist visa as his 1 yr visa was still "technically valid". THey also said that he may not get many 30 day visas given because of this... His "valid but yet not valid" 1 yr visa is until Aug 2004.

So our question is what do we do from here?

1) Do we go to Immigration here in Bangkok and ask for advice? Or ask them to cancel the visa? Can they do this? Then at least he can get a 60 day tourist one from Laos/Cambodia....

2) If we go to Immigration in Bangkok is he in trouble for overstaying? As far as we are concerned he has not been here illegally

3) Or do we leave and go back in Italy and apply again for another

Non-immigrant Type B visa? If so will they grant it if technially his original one is valid until mid-Aug 2004? Or can they cancel the original one?

Grateful for any assistance and advice for the (hopefully) many founts of knowledge out there.

[dr_Pat_Pong]

He can apply for a new multi entry visa at any time. I'd do that, asap, and never ever do the same thing again. He is very lucky that no action was taken by Thai Immigration, but trying to continue using that visa is tempting fate.

[Martin]

IMO it would do no harm, and would be extra 'insurance' to get your situations 'on the record' at the British and Italian Embassies.

You haven't tried to do anything underhand, so there should be nothing to fear. But if you should need help from officialdom, it is always better to have been in touch with them before the event.

In your position, I would send a fax to my Embassy saying what my situation was, what I proposed to do, and asking them to confirm that they think what I was proposing was the right thing to do.

I would not be surprised if they replied very guardedly that they aren't in a position to advise, as Immigration matters are entirely within the purview of the Royal Thai Government; but I would be satisfied to have proof that I had been open and above board and was the victim of misfortune, not a perpetrator of malfeasance.

[dr_Pat_Pong]

IMO it would do no harm, and would be extra 'insurance' to get your situations 'on the record' at the British and Italian Embassies.

You haven't tried to do anything underhand, so there should be nothing to fear. But if you should need help from officialdom, it is always better to have been in touch with them before the event.

In your position, I would send a fax to my Embassy saying what my situation was, what I proposed to do, and asking them to confirm that they think what I was proposing was the right thing to do.

I would not be surprised if they replied very guardedly that they aren't in a position to advise, as Immigration matters are entirely within the purview of the Royal Thai Government; but I would be satisfied to have proof that I had been open and above board and was the victim of misfortune, not a perpetrator of malfeasance.

It is nevertheless, illegal to do what she did...ie. apply for the visa while the bf was still in Thailand, the Embassy staff missed checking the Thai exit stamp. Neither Embassy will get involved in any way, they'll run a mile.

[Martin]

Yes, Doc, I agree. As I tried to hint, I would be amazed if either Embassy offered to get involved. I was just suggesting it as a way for her to get it on record that " 'twas cock-up, not conspiracy" that resulted in the illegality, and that she genuinely wants to do the right thing.

[dr_Pat_Pong]

Yes, Doc, I agree. As I tried to hint, I would be amazed if either Embassy offered to get involved. I was just suggesting it as a way for her to get it on record that " 'twas cock-up, not conspiracy" that resulted in the illegality, and that she genuinely wants to do the right thing.

Get a new visa while the getting is good I reckon. He runs a risk of getting banged up if he continues to use the old one.

[NedKelly]

What if someone has done the same thing in the past but since then been out and into the country many times with no hiccups.....and after all that has now been issued a real visa and work permit ?? I guess that answer my questions .....but ...still doubts inthe old cogs ??

[dr_Pat_Pong]

What if someone has done the same thing in the past but since then been out and into the country many times with no hiccups.....and after all that has now been issued a real visa and work permit ?? I guess that answer my questions .....but ...still doubts inthe old cogs ??

He's been sprung Ned....you haven't. I'm assuming your passport is pretty full of arrival and exit stamps, and other visa's. It won't stand exhaustive scrutiny Ned, but they'll only do that if they feel iffy about you. The plentiful ins and outs will allay their suspicious thinking.