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Ill Health and Overstay


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A friend has either been in hospital or living in a complex adjoining for outpatient treatment for about 14 months after a serious accident.

No one seemed too concerned about his expired visa, it was a "don't you worry about that" situation.

He was under the impression he would be excused any penalty but was told this week that he'll be up for then maximum overstay penalty... 20,000B when he finishes his recovery and leaves the country in 2 months.

Is there anyway around this?

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Your friend was badly advised.

You never 'not worry' about expiring visas when you are not in your home country, whatever the reason.

Fortunately, he will only have to pay the fine when he leaves and will not be put in jail. (Provided he isn't picked up before he reaches the airport on his day of departure).

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Yeah, it appears so, it's not the end of the world but I was wondering if immigration would consider a doctor's letter when he departed.

I did consider the (Provided he isn't picked up before he reaches the airport on his day of departure) risk.

Thanks all.

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my experience, never listen to the hospital's advice on any bureaucratic matters. visa's registering the birth of a child etc. they could not care less.

no problem in your friend's case meant he would not be arrested for it.

nothing more.

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Most hospitals in the private sector understand and assist in gaining appropriate visa extensions. The large government hospitals can also assist.

Suspect this problem arose not from a long hospital stay but a failure to ask for assistance.

Retrospective medical letters will not help.

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Most hospitals in the private sector understand and assist in gaining appropriate visa extensions. The large government hospitals can also assist.

Suspect this problem arose not from a long hospital stay but a failure to ask for assistance.

Retrospective medical letters will not help.

"Suspect this problem arose not from a long hospital stay but a failure to ask for assistance. "

Yes, some hospitals (I have no idea what percentage) have someone who will deal with Immigrations issues for patients ... but they have to be asked.

Bangkok Hospital Pattaya even had (maybe still has) a small Immigration office on the ground floor.

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Immigration will not forgive an overstay because of a medical condition. They do this because there is a provision in the police order to get an extension stay in police order 777/2251 clause 2.25.

2.25 In the case of receiving medical treatment, attending rehabilitation, or taking care of a patient: Each permission shall be granted for no more than 90 days.

(1) Must have been confirmed and requested by a physician of the hospital providing said treatment with full explanation about the illness, period of treatment, and the physician’s opinion that the illness is an impediment to travel.

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There is no way around the overstay after the fact. He has no choice now other than to pay the 20K baht fine.

He could of gotten 90 day extensions for as long as he was unable to travel.

Up to 90 days...usually it's only 30 days at a time. At least at Jomtien, the physician's letter must be in Thai and have an affirmative statement that the patient (if an outpatient) cannot travel.

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There is no way around the overstay after the fact. He has no choice now other than to pay the 20K baht fine.

He could of gotten 90 day extensions for as long as he was unable to travel.

Wouldn't have been a problem to get extension after extension having a medical certificate, some photos, etc.

Worked well for a friend of mine, but he passed away last year. Should have asked earlier how to deal with such a situation.

Even his wife, a relative, etc can go to the local Immigration and he'd have been granted a permission of stay based on his medical conditions.-wai2.gif

Edited by sirchai
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I had overstay under similar circumstances. I was hospital, the Mrs. out patient surgery, Mother-In-Law other issues. The paperwork in my checked baggage. When the officer was told by me of this, he asked for the documents. See above. He was clear it was okay but my head still was not clear, you could see the clamps in my head and leg. 20,000Bh. Have a nice day.
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There is no way around the overstay after the fact. He has no choice now other than to pay the 20K baht fine.

He could of gotten 90 day extensions for as long as he was unable to travel.

Up to 90 days...usually it's only 30 days at a time. At least at Jomtien, the physician's letter must be in Thai and have an affirmative statement that the patient (if an outpatient) cannot travel.

It depends on the medical certificate.

The extension is normally for the duration as mentioned in the medical statement with a maximum of 90 days.

If more then 90 is required a new extension can be issued when the first 90 days starts to run out.

The medical statement must be very clear about the fact that he cannot travel and the exact duration of the treatment.

Sent from my iPad using ThaiVisa app

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Who specifically advised the OP's friend not to worry about the overstay situation?

If it was someone in authority at the hospital, then perhaps they could be convinced to pay the fine. Seriously.

I was involved in one situation where a private hospital was holding someone's passport and specifically promised that they'd do the 90 day reporting for the owner of the passport. Then, they failed to do that. When the passport holder was ready for discharge and return to his home country, it was pointed out that there would be questions and probably a fine to pay at the CM airport because his 90 day report was six weeks overdue. The hospital quickly went and did the 90 day report (and paid the 2000 baht fine) a few hours before he was discharged from the hospital.

But it took someone who knew the ropes and was insistent with the hospital to make this happen. For what the hospital charged this poor guy, it was the least they could do!

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