Overstay on 3-month non-B. Am I in trouble?

[bkk7]

I came last year, in November, on a visa waiver, for a job interview. I exited once to Cambodia to extend my stay by a few extra days. The whole trip was about 40 days in total.

I went back to the US, my new employer got my documents in order for the non-B 3 month visa. I entered some time around March. 2 months went by and I flew out to Singapore for a 30 day extension because they didn't have the docs ready for my work permit in time.

I went back to the US in June (planned in advance) and did a SECOND 3-month non-B. I thought it would be enough time to get their stuff in order. They organized it and got me the work permit after 2 months. Then they discovered some embezzling issues and a guy was arrested. They owed A LOT of back taxes. Unfortunately this meant the revenue department was not giving them the stamp to change my 3-month non-B into a 1 year non-B.

My 3-month non-B expired on September 27th. We were at immigration the week before that and they said I could get a 7 day extension but then I wouldn't be able to get a 1 year extension. I could go out and get another 3 month non-B in a neighboring country, or I could pay the 500B per day fine until the paperwork was complete and they took care of things with the revenue department.

Well, it was thought that it would take only 2 weeks or so to take care of everything and I had heard that neighboring countries can be difficult with non-Bs AND it would cost money to fly somewhere, stay/wait somewhere and pay for the new non-B... so "we" decided that I would wait it out and pay the fine, which at 500B per day was not going to be that much if was only 2 weeks.

HOWEVER, it was not done in 2 weeks. The effect on the company turned out to be even worse. So my 500B kept going up until it (hit the limit??? please confirm?!) at 20,000B. And now I am STILL overstaying on that non-B after September 27th.

I am supposed to go to the US for the holidays on the 17th of this month, December, so here is where I need some advice:

It will be 81 days on December 17th when I leave. Will any mark go on my passport? What will I owe? 20,000B? Will the fact that I overstayed have any effect on getting a THIRD 3-month non-B? I am their first foreign employee so they were not sure how to deal with everything. This THIRD time should be a charm. I DO already have my work permit. Am I in any danger of being able to get my new non-B? Thank you!!!!

[ubonjoe]

You got to the max fine of 20k bath at 40 days of overstay.

You can pay the fine on departure at the airport. You will have an blue overstay stamp in Thai that has the number of days overstay and the fine you paid.

The stamp will have no effect on you getting a visa or entry back in the country.

The biggest risk you have is getting caught with the overstay and being sent to IDC, going to court, paying the fine and being taken to the airport for you flight out.

Technically your work permit is no longer valid because you no longer have a valid B visa entry.

[bkk7]

You got to the max fine of 20k bath at 40 days of overstay.

You can pay the fine on departure at the airport. You will have an blue overstay stamp in Thai that has the number of days overstay and the fine you paid.

The stamp will have no effect on you getting a visa or entry back in the country.

The biggest risk you have is getting caught with the overstay and being sent to IDC, going to court, paying the fine and being taken to the airport for you flight out.

Technically your work permit is no longer valid because you no longer have a valid B visa entry.

Thanks, that is reassuring that is it 20k. The Thai government websites do not appear to be updated on the matter.

I am still feeling less confident that it will not create a problem for my new visa.

I don't go out much because I work long hours so I don't think I have much chance at the police stopping me in the next 12 days - only 6 of which are working days.

BUT - do I need to get a NEW work permit when I come back? For the same company??? This is really confusing...

[ATF]

You got to the max fine of 20k bath at 40 days of overstay.

You can pay the fine on departure at the airport. You will have an blue overstay stamp in Thai that has the number of days overstay and the fine you paid.

The stamp will have no effect on you getting a visa or entry back in the country.

The biggest risk you have is getting caught with the overstay and being sent to IDC, going to court, paying the fine and being taken to the airport for you flight out.

Technically your work permit is no longer valid because you no longer have a valid B visa entry.

Thanks, that is reassuring that is it 20k. The Thai government websites do not appear to be updated on the matter.

I am still feeling less confident that it will not create a problem for my new visa.

I don't go out much because I work long hours so I don't think I have much chance at the police stopping me in the next 12 days - only 6 of which are working days.

BUT - do I need to get a NEW work permit when I come back? For the same company??? This is really confusing...

You will have no problem getting another visa based on your overstay but you will need to apply for another B Visa and a WP.

If you get caught on overstay it will be a very unpleasant experience.

[1sickpuppy]

hopefully they will start locking people up at the airport, its all these bleeding heart people that have stuffed it up for people who do there visa runs properly, ive resided here 20 years with no problems, what is is with these lame ducks?

[technologybytes]

Traditionally it's been easy to deal with overstays once you get to the airport, just so long as you have the 20k in cash and a ticket out of Thailand. I'd arrive at the airport in plenty of time just in case of any delays though.

There was some talk of banning people for a period of time up to 10 years for long overstay, I suspect that will depend very much on the officer on the day and how you deal with him.

Don't talk to the officer about working after your work permit expired, you know it's illegal for you to work now don't you ? Smile and be polite to him, no matter what he says just keep smiling and being polite.

Avoidable overstays are stupid, you should never have listened to the guy who suggested you could just pay 500 baht per day, he would not have been there to help you if 10 days later you were stopped by the police and sent to the immigration detention prison, and that's a real risk any time between now and when you leave. Especially if you continue to work illegally.

Edited December 6, 2014 by technologybytes

[louse1953]

hopefully they will start locking people up at the airport, its all these bleeding heart people that have stuffed it up for people who do there visa runs properly, ive resided here 20 years with no problems, what is is with these lame ducks?

And he's still working!!!

[lemonjelly]

hopefully they will start locking people up at the airport, its all these bleeding heart people that have stuffed it up for people who do there visa runs properly, ive resided here 20 years with no problems, what is is with these lame ducks?

if you've been here totally legit and done visa runs "properly"(lol)...... how can overstayers have "stuffed it up" for you.... or has 20 years of 30 day border hops become a problem?

[Wasa]

hopefully they will start locking people up at the airport, its all these bleeding heart people that have stuffed it up for people who do there visa runs properly, ive resided here 20 years with no problems, what is is with these lame ducks?

Oh, good man! And of course, in that 20 years you've resided here you have never once broken the law, or stretched the law by even the tiniest of fractions, or got yourself into a spot of bother......of course not!

This guy's not a criminal, he has good intentions and wants to do the right thing, but unfortunately he took the wrong advice. It happens to the best of us at some time in our lives.....and we learn through our mistakes, but not you of course!

Show me a man who hasn't made a mistake, and I'll show you a man who hasn't made anything!

Let's just hope, that if you ever need any assistance, you get met with a little more compassion than what you seem capable of displaying.

[BHW]

Why not go to a legal firm specialising in visa matters,

[wayned]

Why not go to a legal firm specialising in visa matters,

Sounds like he might be employed by one!

[bkk7]

hopefully they will start locking people up at the airport, its all these bleeding heart people that have stuffed it up for people who do there visa runs properly, ive resided here 20 years with no problems, what is is with these lame ducks?

Oh, good man! And of course, in that 20 years you've resided here you have never once broken the law, or stretched the law by even the tiniest of fractions, or got yourself into a spot of bother......of course not!

This guy's not a criminal, he has good intentions and wants to do the right thing, but unfortunately he took the wrong advice. It happens to the best of us at some time in our lives.....and we learn through our mistakes, but not you of course!

Show me a man who hasn't made a mistake, and I'll show you a man who hasn't made anything!

Let's just hope, that if you ever need any assistance, you get met with a little more compassion than what you seem capable of displaying.

thanks! i'm glad someone understands. 1sickpuppy sounds like a troll.

in the end, i was just following the option given to me by the immigration officer regarding overstay, and unfortunately the company has not handled the situation very well in terms of getting organized. i know there will be people saying 'find a new job then!' as if that's the answer - but i really enjoy my job and the people i work with. my background is also highly specialized, so it makes this a particularly good fit.

i HOPE i can just pay the 20k and get a new visa to come back. i also hope that i won't need a new work permit because it's valid for 1 year with this employer. technically the work permit is for working and the visa is for staying.

[bkk7]

Why not go to a legal firm specialising in visa matters,

because then i would need to pay out of pocket for a legal problem when there isn't one yet. and it's not likely they could give me much advice beyond what is given here. the consensus seems to be: pay 20k baht at the airport, get new visa, and you should not have any problems.

[bkk7]

Traditionally it's been easy to deal with overstays once you get to the airport, just so long as you have the 20k in cash and a ticket out of Thailand. I'd arrive at the airport in plenty of time just in case of any delays though.

There was some talk of banning people for a period of time up to 10 years for long overstay, I suspect that will depend very much on the officer on the day and how you deal with him.

Don't talk to the officer about working after your work permit expired, you know it's illegal for you to work now don't you ? Smile and be polite to him, no matter what he says just keep smiling and being polite.

Avoidable overstays are stupid, you should never have listened to the guy who suggested you could just pay 500 baht per day, he would not have been there to help you if 10 days later you were stopped by the police and sent to the immigration detention prison, and that's a real risk any time between now and when you leave. Especially if you continue to work illegally.

it's great that people have hindsight observations but this happened already. i didn't do anything intentionally wrong. i was trying to play by the loose rules established. a lot of things that have 'changed' aren't even up on the Thai government websites. some of those haven't changed since 2008. and it's impossible to get through to immigration via phone, not to mention it was the officer at immigration who was working on my visa who told me i could overstay for 500B per day.

i do not 'suspect' that it would depend on which officer i talk to if i get a 10 years ban for an 81 day overstay. i've never seen that proposed anywhere for an 81 day overstay, not to mention any bans that were proposed were reversed and never, ever applied to someone in my overstay period.

the fact is, my company ended up in a tough situation and they didn't handle it well because they are new to this. i came here hoping someone would have similar recent experiences on overstaying a 3-month non-B and needing to go get a new one. i'm not an English teacher trying to work for some sketchy school. i'm not trying to break any laws. i'm just trying to save myself extra money and i want to get my 1-year non-B without worry.

[ubonjoe]

Immigration announced new overstay rules several months ago but they never went into effect. They are still awaiting approval by a higher authority. I think they have been shelved since is has been so long since the announcement.

You would of of not been under them since your overstay will be less than 90 days.

[lonexpat]

hopefully they will start locking people up at the airport, its all these bleeding heart people that have stuffed it up for people who do there visa runs properly, ive resided here 20 years with no problems, what is is with these lame ducks?

Perhaps it's time to get off your high-horse and stop thinking you were the first or only person to reside in Thailand. " People who stuffed up for others"........how has this post made anyone else suffer?

[mikecat]

Traditionally it's been easy to deal with overstays once you get to the airport, just so long as you have the 20k in cash and a ticket out of Thailand. I'd arrive at the airport in plenty of time just in case of any delays though.

There was some talk of banning people for a period of time up to 10 years for long overstay, I suspect that will depend very much on the officer on the day and how you deal with him.

Don't talk to the officer about working after your work permit expired, you know it's illegal for you to work now don't you ? Smile and be polite to him, no matter what he says just keep smiling and being polite.

Avoidable overstays are stupid, you should never have listened to the guy who suggested you could just pay 500 baht per day, he would not have been there to help you if 10 days later you were stopped by the police and sent to the immigration detention prison, and that's a real risk any time between now and when you leave. Especially if you continue to work illegally.

it's great that people have hindsight observations but this happened already. i didn't do anything intentionally wrong. i was trying to play by the loose rules established. a lot of things that have 'changed' aren't even up on the Thai government websites. some of those haven't changed since 2008. and it's impossible to get through to immigration via phone, not to mention it was the officer at immigration who was working on my visa who told me i could overstay for 500B per day.

i do not 'suspect' that it would depend on which officer i talk to if i get a 10 years ban for an 81 day overstay. i've never seen that proposed anywhere for an 81 day overstay, not to mention any bans that were proposed were reversed and never, ever applied to someone in my overstay period.

the fact is, my company ended up in a tough situation and they didn't handle it well because they are new to this. i came here hoping someone would have similar recent experiences on overstaying a 3-month non-B and needing to go get a new one. i'm not an English teacher trying to work for some sketchy school. i'm not trying to break any laws. i'm just trying to save myself extra money and i want to get my 1-year non-B without worry.

You might not be some English teacher working for a sketchy school but you sure are working for a sketchy firm. Embezlement, no visa, working illigal, 20,000baht fine, sounds just like a sketchy school.

Your work permit is now invalid, you will need a new non B and work permit. By rights you or your sketchy company should cancel the old one at the Dept. Labour. The company should pay the 20,000 for you. If you come back, find a company that knows what they are doing.

[delatour]

hopefully they will start locking people up at the airport, its all these bleeding heart people that have stuffed it up for people who do there visa runs properly, ive resided here 20 years with no problems, what is is with these lame ducks?

I hope they lock you up first , for one ore an other silly thing , maybe be , the first time in 20 years , by the way , he have to pay a fine of 20000 bath is that not good inough for you ?

[Si Thea01]

You got to the max fine of 20k bath at 40 days of overstay.

You can pay the fine on departure at the airport. You will have an blue overstay stamp in Thai that has the number of days overstay and the fine you paid.

The stamp will have no effect on you getting a visa or entry back in the country.

The biggest risk you have is getting caught with the overstay and being sent to IDC, going to court, paying the fine and being taken to the airport for you flight out.

Technically your work permit is no longer valid because you no longer have a valid B visa entry.

Thanks, that is reassuring that is it 20k. The Thai government websites do not appear to be updated on the matter.

I am still feeling less confident that it will not create a problem for my new visa.

I don't go out much because I work long hours so I don't think I have much chance at the police stopping me in the next 12 days - only 6 of which are working days.

BUT - do I need to get a NEW work permit when I come back? For the same company??? This is really confusing...

If you're not in trouble you should be. 81 days overstay? Love the excuses. I's say its one of I don't care, oh gee I have to go on holidays. Panic. I thought this, I thought that. You know what thought did, he didn't, just like yourself. Not worried about B20,000.00 overstay payment but then was concerned about spending money to go out and then back in to make it legal?

Now you again ask if you need a new work permit. You have been told a couple of times you do, I can tell you a third time but will you read? Appears you didn't read the other two pieces of good advise from Ubonjoe and ATF. Instead of blaming others for you failures, accept responsibility for your stuff ups.

I truly think you are only concerned about any possible black marks you thought may be listed against you because of your blatant disregard of the rules. Many of us here have to go through similar processes which we may not like but adhere to, We have to find time, so your excuses of being time poor do not get to first base.

[bkk7]

You got to the max fine of 20k bath at 40 days of overstay.

You can pay the fine on departure at the airport. You will have an blue overstay stamp in Thai that has the number of days overstay and the fine you paid.

The stamp will have no effect on you getting a visa or entry back in the country.

The biggest risk you have is getting caught with the overstay and being sent to IDC, going to court, paying the fine and being taken to the airport for you flight out.

Technically your work permit is no longer valid because you no longer have a valid B visa entry.

Thanks, that is reassuring that is it 20k. The Thai government websites do not appear to be updated on the matter.

I am still feeling less confident that it will not create a problem for my new visa.

I don't go out much because I work long hours so I don't think I have much chance at the police stopping me in the next 12 days - only 6 of which are working days.

BUT - do I need to get a NEW work permit when I come back? For the same company??? This is really confusing...

If you're not in trouble you should be. 81 days overstay? Love the excuses. I's say its one of I don't care, oh gee I have to go on holidays. Panic. I thought this, I thought that. You know what thought did, he didn't, just like yourself. Not worried about B20,000.00 overstay payment but then was concerned about spending money to go out and then back in to make it legal?

Now you again ask if you need a new work permit. You have been told a couple of times you do, I can tell you a third time but will you read? Appears you didn't read the other two pieces of good advise from Ubonjoe and ATF. Instead of blaming others for you failures, accept responsibility for your stuff ups.

I truly think you are only concerned about any possible black marks you thought may be listed against you because of your blatant disregard of the rules. Many of us here have to go through similar processes which we may not like but adhere to, We have to find time, so your excuses of being time poor do not get to first base.

yes, it is NORMAL to not want to spend money that you don't need to spend. and the immigration officer advised that it wouldn't be a problem. as for me, i didn't know the process. it sounded pretty routine that people overstay and pay fines because the system isn't perfect. as for my company and everyone criticizing them, this is their first time doing it also. and they ended up in a bad situation with a former employee who is now in jail. he was arrested after they caught him embezzling. i'm not going to abandon them when they are already <deleted> because of some idiot. they are trying to do the right thing too. people make mistakes. and when they are not intentional, nobody wants a black mark as a result.

[Tham1]

If you are caught now you will be going to Jail - why not leave the country ASAP to keep the chance of being caught lower? At the Airport you may get away with the 20k fine - but you may get in the shit there as well. If you are caught working now you will go straight to jail, If you are stopped by the cops and asked for passport - same result - eating bugs and getting bummed for months in a hell hole.

Edited December 9, 2014 by Tham1

[bkk7]

If you are caught now you will be going to Jail - why not leave the country ASAP to keep the chance of being caught lower? At the Airport you may get away with the 20k fine - but you may get in the shit there as well. If you are caught working now you will go straight to jail, If you are stopped by the cops and asked for passport - same result - eating bugs and getting bummed for months in a hell hole.

i love how satisfied some seem to be when they give an answer implying that it's the only one that can really save you, otherwise you risk certain doom in a country where laws are more uneven than the wavy highways.

why not leave ASAP? when i'm leaving in a week, and it's absolutely impossible that i'll be 'caught' working, it's a big inconvenience and an added cost on top of the 20k. all in all, it hardly reduces my chances for getting 'caught' at this point. and from all i've read in most other replies, i should be fine to pay my fine at the airport in a week. it isn't ideal, but i'd have to do that no matter what at this point.

[Tham1]

Good luck, you obviously know best - If you get stopped for any reason this week we will see how that goes for you and your sphincter.