long overstayed 4 years+apprehended by immigration police

[Sasha777]

Hi everyone,i need real information, if anybody know about current (not upcoming) immigration law, what are consequence in case of 4years and 2month overstayed visa and apprehended by immigration police

I'm currently on the bail,waiting for court (probably deportations).My concern is possibility of my coming back to Thailand (not entering black list).

On return I vill get new without overstay stamp passport.

My girlfrend,we are not officially married, is very sick, not able to work and ther is no anyone of her family to support her.

I just must come back to Thailand.Lawyers saying different things, from "no problem you can comeback", to" big problem".

Nothing for sure.

For anything that folow concerning court and deportation I'm prepared, my worry is black list and to not be able of coming back.

Any real knowledge about this matter will be appreciate wery much.

[ubonjoe]

if you have the money to pay the fine and not have to work it off by being held in jail and have a ticket of the country you probably will not be formally deported and will not be blacklisted.

If you had 20k baht for the max fine the money for a ticket out you would not even need to be out on bail. You would be gone already.

[bkkcanuck8]

How did they nab you - checkpoint? Or they came looking for you?

[lazygourmet]

How did you manage to get bail after getting arrested for overstaying?!?

[adammike]

I have read on multiple forums that if you leave of your own accord i.e. show up at the airport pay a fine you will be allowed back,if you are caught by the

police even in a taxi on the way to the airport its trouble direct to the slammer, deported,and a possible ban up to ten years.

[rwdrwdrwd]

Sounds like you were apprehended rather than handed yourself in. Unfortunately by the letter of the law it is not good news:

http://www.thaivisa.com/forum/topic/740634-thai-immigration-bureau-to-blacklist-all-overstayers-of-more-than-90-days/

I got given a document containing this info at immigration when I last did my 90 day report, I think it is in place now. Hopefully in your case it is not enforced. Reading that topic it seems that this might be only being applied to people who enter the country after those rules came into place, hopefully for your sake this is the case for you - it's certainly something you should raise if they begin to point to this legislation, that you entered well before those rules applied.

Edited October 3, 2014 by rwdrwdrwd

[ubonjoe]

Sounds like you were apprehended rather than handed yourself in. Unfortunately by the letter of the law it is not good news:

http://www.thaivisa.com/forum/topic/740634-thai-immigration-bureau-to-blacklist-all-overstayers-of-more-than-90-days/

I got given a document containing this info at immigration when I last did my 90 day report, I think it is in place now. Hopefully in your case it is not enforced.

The new overstay rules have not been approved yet.

[rwdrwdrwd]

If that's the case, good news for the OP, but very odd that they are handing them out in Immigration Offices. Nothing surprises me here though

Edited October 3, 2014 by rwdrwdrwd

[kdrayong]

OP, please read about my friend's story here.

He's now back to Germany, will earn some money and is able to return to the kingdom after he made these 400,000 THB.

The consulate in Stuttgart confirmed already that he is and will not be blacklisted. After a lot of paperwork, he'll be able to obtain a visa, and later an extension of stay in Thailand.

[Sasha777]

Thanks everyone,specially to Ubonje.

Is not police that apprehended me,on my bad luck i have been sitting on my balcony at time that immigration police car passing by suddenly stopped in home front and came out immigration officer that know me for 10 years, probably just wanting to make good impression to hes boss, he asked me about my passport and visa. .rest you can imagine.

Well,he is been only doing hes job, somehow.

However, by the time I managed to get any of my local friends that could "talk out"this inconvenient situation with them(immigration), they had already done with paperwork and held me to police for processing.

Normaly I should be imprisoned and processed to the court next day.

Fortunately local police by knowing me and circumstances that lead me to overstay wanted to help me,thanks to them I have get bailout and some more time to make things arranged(about two months).

I wil have necessary ticket, overstay fine 20.000,travel documents from my embassy (passport expired 2year ago) as well money for court expense by the day of my court hearing.

I'm working on it to not make"example of me".My onlly worry is to not be able of entering in to Thailand again(black list).

[Suradit69]

Sounds like you were apprehended rather than handed yourself in. Unfortunately by the letter of the law it is not good news:

http://www.thaivisa.com/forum/topic/740634-thai-immigration-bureau-to-blacklist-all-overstayers-of-more-than-90-days/

I got given a document containing this info at immigration when I last did my 90 day report, I think it is in place now. Hopefully in your case it is not enforced.

The new overstay rules have not been approved yet.

But might be in approved by the time he appears in court or finishes serving time in detention, so that when he exits the country he could get hit with the full force of the black listing.

Probably best to get his lawyer to speed things up and get it over with quickly.

[Suradit69]

If that's the case, good news for the OP, but very odd that they are handing them out in Immigration Offices. Nothing surprises me here though

" ...very odd that they are handing them out in Immigration Offices. Nothing surprises me here though "

Apparently they believe there is a high probability that the rules will be approved and they want to warn people of the potential effects. If the rules were to go into effect without the warning, people would be complaining it was odd that they never received official alert.

As usual, farang will blame them for doing something proactively or for not doing something. No matter what they do or don't do, it won't satisfy everyone.

[kingstonkid]

Sasha, That 2 month free time could come back to bite you in the asset.

As soon as ou have everything arranged and can get letters from doctors about how you are needed I would get the court date moved up.

You do not want to be in court system when it gets close to being approved.

BTW what are you doing to support her are you working illegally???

[Mario2008]

I would talk to immigration and tell them you are willing to pay the fine of 20,000 baht and leave the country, without going to court. Makes it all much easier for them and you. But might not be possible at this stage.

In the meantime, do get a new passport ASAP.

[Thai Visa Service]

Under normal circumstances as OP mentioned it already by himself, as you had a expired passport, they would take you to Immigration, charge you with illegal entry only. Not a big deal.

You will be send , the same day, to Court, fined THB6,000.- and deported (after new passport has been issued) without blacklisted.

I guess no one, at this moment in time , can give you correct answers.

[Sasha777]

Sasha, That 2 month free time could come back to bite you in the asset.

As soon as ou have everything arranged and can get letters from doctors about how you are needed I would get the court date moved up.

You do not want to be in court system when it gets close to being approved.

BTW what are you doing to support her are you working illegally???

Thanks KSK,

Appears so that you are right.I do feel that it will happened soon and I do not want be part of it when happens.

Just is little bit complicated, I'm from one god forgotten country which do not have even a embassy in Thailand, first one is in KL and I'm currently in process of getting travel documents.I do not know procedure back home to get new passport co.I have not be there 23 years. sucks. I need to make sure I gonna get one before I leave. this blade that i seat on is sharpened on both of side..

Bw.the only thing I'm charged of is overstay, not even passport expiring, working illegal etc.After spending money from closed dive center I have been handling pest control company that is on my wife name, sort of helping by doing most of work. Authority do not mind about,they are knowing where my money going.

[Sasha777]

Under normal circumstances as OP mentioned it already by himself, as you had a expired passport, they would take you to Immigration, charge you with illegal entry only. Not a big deal.

You will be send , the same day, to Court, fined THB6,000.- and deported (after new passport has been issued) without blacklisted.

I guess no one, at this moment in time , can give you correct answers.

Thanks for your information buddy!

I have just explain below to KSK why I can not get new passport.

But I believe that I will have travel documents issued by my embassy in KL by next week (10 days max), as local police authority is on stend by to help me and process paperwork to court immediately after I get all that I need (ticket, travel documents,money etc.)

[soalbundy]

4 years overstay, you were a silly boy. A friend of mine overstayed for two years, went to swampy with a ticket home and 20,000 Baht clutched in his sweaty hand, he had no problem coming back the same year.

[Mario2008]

Seems you will get an emergency travel document.

if you do not buy a ticket to your home country: check with your embassy if there will be any travel restrictions on it, like a limited number of countries you can visit or only good for returning to your home countries, limited validity etc and check the entry requirements for the country you will be headed to.

[Apiwan2]

You said you were looking after someone sick.

Try to get this on paper translated into thai .

In case you go to court.

Probably won't do any good but worth a try.

And at least the court will see the real reason for overstay ...

Rather than them looking at you differently.

And not all immigration officials are heartless.

If you have good reason they will hear your story.

[Sasha777]

Seems you will get an emergency travel document.

if you do not buy a ticket to your home country: check with your embassy if there will be any travel restrictions on it, like a limited number of countries you can visit or only good for returning to your home countries, limited validity etc and check the entry requirements for the country you will be headed to.

Correct, I did checking and apparently the travel documents will be good specifically to going back to my home country.

The validation time of 20 days from date that I need (little help from my embassy, not from date of issuing.)

That is all I can get now, apparently my country do issuing new Biometric passports only back home and few of biggest embassy of Bosnia (Chicago, Geneva, Berlin. .), but no one of those embassy are in Asia, so i will have to go back to Bosnia, no other way. .

[Sasha777]

You said you were looking after someone sick.

Try to get this on paper translated into thai .

In case you go to court.

Probably won't do any good but worth a try.

And at least the court will see the real reason for overstay ...

Rather than them looking at you differently.

And not all immigration officials are heartless.

If you have good reason they will hear your story.

Definitely, I agree with you.This guys have been doing their job onlly,fault is mine and onlly, they could charged me with few more charges (damaged expired passport, illegal working), but instead my charge is the overstay onlly.

I do getting hospitals paperwork of my wife co.she have been few times in different hospitals during this time and I will present those paperwork to court.

[whiteman]

So let me get this right.

(I) you over stay by 4 years.

(2) you work here with out a work permit in your sick gf company while other people pay visa fees and taxes and accountants fees.

(3) your passport has expired.

Are all of the other upstanding correct visa and tax paying none thai people expected to feel sorry for you and help you now stay in Thailand seeing you have been at last caught. Just because your girl friend is sick gives you no right to stick your 2 fingers up to the rest of us here that are doing the right thing re visa and passports and working.

Sorry about your girl friend ( yet later you call her your wife) but many are in the same boat but doing it correctly.

One now asks why we bother to do it right when people like you do not care about the law except if you can make fiends with them so that you can rout the system

Edited October 4, 2014 by whiteman

[louse1953]

You guys make me laugh when you think a new pp will solve everything.Ok,i will spell it out for you as you don't seem to understand how. visas work.You front at immigration desk,with new pp,he puts name into data base,your name comes up with a overstay against it.He may,or may not let you in.Thailand has had data bases for a long time.Now changing your name may make things easier,but i wouldn't know about that,maybe doing the right thing would be less of a hassle.40,000 baht,plus other expenses,your probably in the red on that exercise.

[surfinglife]

Look at it another way. If your gf was an overstayer in, say, Australia and got nabbed, what do you think her chances would be of ever entering Australia again? Very close to zero would be my bet. So why should Thailand be any more lenient on illegal immigrants like you? If you just "must" be with your gf, take her with you when you get deported.

[louse1953]

Look at it another way. If your gf was an overstayer in, say, Australia and got nabbed, what do you think her chances would be of ever entering Australia again? Very close to zero would be my bet. So why should Thailand be any more lenient on illegal immigrants like you? If you just "must" be with your gf, take her with you when you get deported.

Australia has a 5 year ban for starters,prospects of getting a visa after that would be slim.1st you have to pay airfare back,with Qantas,the most expensive.

[chrisinth]

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So let me get this right.

(I) you over stay by 4 years.

(2) you work here with out a work permit in your sick gf company while other people pay visa fees and taxes and accountants fees.

(3) your passport has expired.

Are all of the other upstanding correct visa and tax paying none thai people expected to feel sorry for you and help you now stay in Thailand seeing you have been at last caught. Just because your girl friend is sick gives you no right to stick your 2 fingers up to the rest of us here that are doing the right thing re visa and passports and working.

Sorry about your girl friend ( yet later you call her your wife) but many are in the same boat but doing it correctly.

One now asks why we bother to do it right when people like you do not care about the law except if you can make fiends with them so that you can rout the system alt=facepalm.gif>

Whereas I can understand your indignation that anyone could possibly do something like this in a perfect world, there are exceptions and this isn't a perfect world.

OP, I for one, I feel sorry for your circumstances and hope everything works out well for you.

[Apiwan2]

So let me get this right.

(I) you over stay by 4 years.

(2) you work here with out a work permit in your sick gf company while other people pay visa fees and taxes and accountants fees.

(3) your passport has expired.

Are all of the other upstanding correct visa and tax paying none thai people expected to feel sorry for you and help you now stay in Thailand seeing you have been at last caught. Just because your girl friend is sick gives you no right to stick your 2 fingers up to the rest of us here that are doing the right thing re visa and passports and working.

Sorry about your girl friend ( yet later you call her your wife) but many are in the same boat but doing it correctly.

One now asks why we bother to do it right when people like you do not care about the law except if you can make fiends with them so that you can rout the system

Easy to take the moral high ground without knowing all the facts .

I'm sure the OP wanted to take care of his loved one first and foremost.

Having said that 4 years is a long time .

6 months more than enough time .

But the OP is in a situation now and needs help.

Like I said before there are mitigating circumstances.

Which is why they haven't thrown the book at him .

[mallet36]

So let me get this right.

(I) you over stay by 4 years.

(2) you work here with out a work permit in your sick gf company while other people pay visa fees and taxes and accountants fees.

(3) your passport has expired.

Are all of the other upstanding correct visa and tax paying none thai people expected to feel sorry for you and help you now stay in Thailand seeing you have been at last caught. Just because your girl friend is sick gives you no right to stick your 2 fingers up to the rest of us here that are doing the right thing re visa and passports and working.

Sorry about your girl friend ( yet later you call her your wife) but many are in the same boat but doing it correctly.

One now asks why we bother to do it right when people like you do not care about the law except if you can make fiends with them so that you can rout the system

Whiteman you are a special person with special needs. Get a life and a backbone have you ever twisted the law??? It's an overstay not murder ( money in the bank for Thailand or immigration )

[FiestyFarang]

Why did you knowingly break the law and now you do not want to face the consequences? If you did not have money to stay here you (and maybe your girlfriend) should have gone back to your country and you worked. Presumably as you could work in your country you would have made more money. People like you make me sick as they break the law and then when caught try and avoid the penalties and also potentially make it a more stressful like for the honest people with a Visa like myself as the Police might decide to have more checkpoints and put in jail people that do not carry their ID because of people like you. Man up and try being honest.