Have I got the right stamp on Non O/A

[No1Farang]

I'm British, age 64 and have an Non Immigrant O/A M visa

I obtained this Visa in the UK on 4 Dec 2013 and it included an enter before date of 3 Dec 2014.

I entered Thailand for one trip and then came back and entered on 1 Dec 2014. At that point I got an "admitted until" stamp to 30 Nov 2015.

I did one 90 day report and then bought a re entry permit and departed on 16 May 2015.

When I returned to Thailand on 1 Sep 2015 I got an entry stamp with an admitted to date of 31 Aug 2016.

I was not expecting this. I thought I would only get one extra year on my original visa and that I would have to convert this to a retirement visa before 30 Nov 2015. I am worried that immigration have given me the wrong stamp and next time I present myself they will correct it to my disadvantage.

Can anybody tell me if I got the correct stamp and if so what happens on 31 Aug 2016.

Thank you in advance.

[Lite Beer]

Looks to me like you should have got a stamp until 30 Nov 2015.

After that date you will be on overstay.

Get down to Immigration and get it fixed.

Wait till you get a few more replies as it has been a long day and my brain might not be working.

[oncearugge]

As said !

A trip to immigration will get it fixed.

Did you enter the re-entry permit number on your arrival card ?

Edited October 11, 2015 by oncearugge

[elviajero]

• I agree that you should have been given until Nov 30th 2015.

You've been given 1 year in error. If you go to immigration they will amend it.

No idea what happens if you don't confess the mistake.

Edited October 11, 2015 by elviajero

[oncearugge]

• I agree that you should have been given until Nov 30th 2015.
• You've been given 1 year in error. If you go to immigration they will amend it.
• No idea what happens if you keep don't confess the mistake.

Bad idea not to have it changed.

The OP is responsible for what is in his passport and if he "keeps" the erroneous date he could land in a world of overstay trouble.

[phuketrichard]

What happens?

dont get it changed 1 year overstay.

its NEVER their fault but yours

[OJAS]

OP - what you need to do any time after 1st November is to apply for an annual extension of stay based on retirement (assuming, of course, that you can meet the relevant financial requirements). Indeed, even sooner if your immigration office is one of those which will entertain applications 45 days in advance.

But, first and foremost, you definitely need to make a separate visit to your immigration office at the earliest opportunity to get the latest "Admitted To" date in your passport corrected to 30th November.

Edited October 11, 2015 by OJAS

[Lite Beer]

Yes. Overstay is 500 Baht a day up to a max of 20,000.

[Jingthing]

A learning moment for others.

Know what's in your passport.

Know what date to expect on the stamp when you return to Thailand.

Inspect the stamp as soon as you get it.

If they date is wrong, get it fixed right away, at the same entry point.

Question did the OP:

On your landing form did you put the visa number of of O-A visa or did you (as you should have) put the number of reentry permit?

Heard of these mistakes before. The stories are usually about not getting stamped in as long as your due rather than the opposite!

I'm pretty sure their error rate is low.

But not zero.

Edited October 11, 2015 by Jingthing

[oncearugge]

Yes. Overstay is 500 Baht a day up to a max of 20,000.

Plus having to leave Thailand and start again.

[elviajero]

If you were planning to do an extension of stay based on retirement in November it's probably best to stick to that plan. When you go to immigration they will adjust anything that's needed.

[Jingthing]

If you were planning to do an extension of stay based on retirement in November it's probably best to stick to that plan. When you go to immigration they will adjust anything that's needed.

I suppose you could but those are two separate things ... fixing the stamp and the new application.

If it was me, I would take care of that right away unless it was very inconvenient to do so.

[DogNo1]

Why not just wait a few more days, then you'll be in the 45-day window and can just apply for a one-year extension and get your permitted to stay stamp adjusted all in one trip.

[Lampang2]

I think your stamp is correct .

O-A used wisely can give up to 2 years before first extension.

[Jingthing]

I think your stamp is correct .

O-A used wisely can give up to 2 years before first extension.

The last date he could get an additional year on entry was 3 Dec 2014 as per the original O-A visa.

The OP had already used it wisely.

The immigration officer putting in the wrong stamp, not so wise.

Edited October 11, 2015 by Jingthing

[Lampang2]

I think your stamp is correct .

O-A used wisely can give up to 2 years before first extension.

The last date he could get an additional year on entry was 3 Dec 2014 as per the original O-A visa.

Ok.

[No1Farang]

Thanks for all the replies. It does confirm the stamp is wrong. I think I will go this week to get the stamp corrected and wait until November to get my annual extension of stay. Although that will require 2 trips it might end up being easier.

[Lampang2]

Just a question for my own curiosity :

Is not the rule that whatever immigration stamps into your passport is valid?

Even if "wrong".

[oncearugge]

Just a question for my own curiosity :

Is not the rule that whatever immigration stamps into your passport is valid?

Even if "wrong".

Immigration is staffed by human beings who deal with thousands (millions?) of passports every day. Very occasionally one of these human Immigration Officers will make an unintended error when stamping a passport.

It is the passport holder's responsibility to ensure they have received the stamp they were expecting.

A stamp made in error may or may not be "valid"

Edited October 12, 2015 by oncearugge

[Suradit69]

Just a question for my own curiosity :

Is not the rule that whatever immigration stamps into your passport is valid?

Even if "wrong".

No. For some things it might go unnoticed, but it is your responsibility to check dates, etc and request a correction be made. Of course quite often the passport holder thinks there's an error when there isn't and comes racing to TV to announce that immigrations made a mistake, when they didn't, but in this case it does appear an error was made. And if it is an error, whether you would gain or lose by it, you're expected to report it. It's not like winning the lottery.

Edited October 12, 2015 by Suradit69

[elviajero]

Just a question for my own curiosity :

Is not the rule that whatever immigration stamps into your passport is valid?

Even if "wrong".

Immigration is staffed by human beings who deal with thousands (millions?) of passports every day. Very occasionally one of these human Immigration Officers will make an unintended error when stamping a passport.

It is the passport holder's responsibility to ensure they have received the stamp they were expecting.

A stamp made in error may or may not be "valid"

No. For some things it might go unnoticed, but it is your responsibility to check dates, etc and request a correction be made. Of course quite often the passport holder thinks there's an error when there isn't and comes racing to TV to announce that immigrations made a mistake, when they didn't, but in this case it does appear an error was made. And if it is an error, whether you would gain or lose by it, you're expected to report it. It's not like winning the lottery.

A genuine question....

You both seem adamant that it's the responsibility of the foreigner to report/fix the problem. Where do get that information from?

It seems to me that it's the IO's responsibility to get it right in the first place and if IO makes an error the foreigner will gain or lose out accordingly. Surely if an IO stamps a passport with a given stay that person has the right to stay for the given time.

[oncearugge]

Just a question for my own curiosity :

Is not the rule that whatever immigration stamps into your passport is valid?

Even if "wrong".

Immigration is staffed by human beings who deal with thousands (millions?) of passports every day. Very occasionally one of these human Immigration Officers will make an unintended error when stamping a passport.

It is the passport holder's responsibility to ensure they have received the stamp they were expecting.

A stamp made in error may or may not be "valid"

No. For some things it might go unnoticed, but it is your responsibility to check dates, etc and request a correction be made. Of course quite often the passport holder thinks there's an error when there isn't and comes racing to TV to announce that immigrations made a mistake, when they didn't, but in this case it does appear an error was made. And if it is an error, whether you would gain or lose by it, you're expected to report it. It's not like winning the lottery.

A genuine question....

You both seem adamant that it's the responsibility of the foreigner to report/fix the problem. Where do get that information from?

It seems to me that it's the IO's responsibility to get it right in the first place and if IO makes an error the foreigner will gain or lose out accordingly. Surely if an IO stamps a passport with a given stay that person has the right to stay for the given time.

Sorry I disagree.

What you are attempting to argue is that someone with a single entry tourist visa which allows a 60 day stay would be "entitled" to remain longer if the IO made an error and stamped an entry for one year ie instead of xxx2015 the stamp read xxx2016.

I think that person, in failing to take any personal responsibility for what was in the passport, would get a very nasty 20,000 Bht shock when they eventually decided to leave.

This is not something "exclusive" to Thailand and when I last visited Australia I received an erroneous stamp but being a responsible person I checked my passport before leaving the vicinity of Immigration and the error was immediately corrected.

[Suradit69]

No. For some things it might go unnoticed, but it is your responsibility to check dates, etc and request a correction be made. Of course quite often the passport holder thinks there's an error when there isn't and comes racing to TV to announce that immigrations made a mistake, when they didn't, but in this case it does appear an error was made. And if it is an error, whether you would gain or lose by it, you're expected to report it. It's not like winning the lottery.

A genuine question....

You both seem adamant that it's the responsibility of the foreigner to report/fix the problem. Where do get that information from?

It seems to me that it's the IO's responsibility to get it right in the first place and if IO makes an error the foreigner will gain or lose out accordingly. Surely if an IO stamps a passport with a given stay that person has the right to stay for the given time.

Most governents operate on the notion that ignorance of the law is not a defense.

There are numerous reports on TV of people who have not checked and who acted on the incorrect entries. Such as...

They made a mistake on my extension -- but only by three days. I did not notice, and when I came back for the renewal right on the "due date," they discovered their error. They told me that the law was the law and an error did not change the law. As far as they were concerned, it was my responsibility to discover and report their error.

http://www.thaivisa.com/forum/topic/591864-thai-immigration-stamp-error-6-year-stay/

[Khunangkaro]

Why not just wait a few more days, then you'll be in the 45-day window and can just apply for a one-year extension and get your permitted to stay stamp adjusted all in one trip.

Thanks for all the replies. It does confirm the stamp is wrong. I think I will go this week to get the stamp corrected and wait until November to get my annual extension of stay. Although that will require 2 trips it might end up being easier.

If it's me, I would go on Monday October19.

That's 43 days until November 30.

Start asking to get fixed the date for permission to stay.

Next do your extension based on retirement.

That is, if you have a valid income statement OR (/AND plus, if needed totalling ฿800,000 additional) money in the bank for at least three months with a bank statement made in the morning (30/11).

[nithisa78]

Just a question for my own curiosity :

Is not the rule that whatever immigration stamps into your passport is valid?

Even if "wrong".

Yes. Though I'd still ask the lawyer or ubonjoe.

[Jingthing]

From an academic POV, now I'm curious, though not suggesting it.

Suppose in a case like the OP's he acts like he doesn't know it's an error, doesn't leave Thailand for awhile avoiding the need to apply for a reentry permit, and then applies for an annual retirement extension 30 days before his current (in error) permission to stay ends. Suppose at that time, the error isn't caught or is overlooked. If that happened (how likely would it not be caught?) then it seems to me with a new correct stamp, it might become ancient history as he'd have a new VALID stamp and no compelling reason to dig up the past again. Hmm.

Edited October 12, 2015 by Jingthing

[elviajero]

@ oncearugge and @ Suradit69

Thanks. I agree that someone should get any errors corrected and that ignorance isn't an excuse but I am wondering what the written law/regulation says about it. I assume it would say it's the foreigners responsibility.

Given the lack of knowledge some people have about visas and extensions of stay it is perfectly feasible that the foreigner doesn't know a mistake has been made. Obviously someone getting 1 year for a 60 day tourist visa should know/spot the mistake. But if you take someone in the OP's situation they entered twice and each time were given 1 year. They enter a third time and get another year. Assuming they don't know the rules as we do it wouldn't be unreasonable for them to think the year was correct.

[oncearugge]

@ oncearugge and @ Suradit69

Thanks. I agree that someone should get any errors corrected and that ignorance isn't an excuse but I am wondering what the written law/regulation says about it. I assume it would say it's the foreigners responsibility.

Given the lack of knowledge some people have about visas and extensions of stay it is perfectly feasible that the foreigner doesn't know a mistake has been made. Obviously someone getting 1 year for a 60 day tourist visa should know/spot the mistake. But if you take someone in the OP's situation they entered twice and each time were given 1 year. They enter a third time and get another year. Assuming they don't know the rules as we do it wouldn't be unreasonable for them to think the year was correct.

I have lived and worked in many countries. I have always taken the trouble to find out and understand the basis on which I am allowed entry to a country, the reason for my being allowed to stay and for how long and in some cases how to secure an exit permit!

I do not have a great deal of sympathy for those who claim not to understand what is in the passport.

The OP is a wise person ............he asked and found out!

[No1Farang]

Yesterday I went to immigration at Nathon. I saw the lady officer and she immediately agreed the stamp was wrong and said wait outside for 5 mins. Soon my passport reappeared with the wrong entry hand corrected to 30 Nov 2015 and signed. Also a new pink 90 report to office slip.

The whole thing only took 15 mins total and everybody was very pleasant, specially the lady officer. No money changed hands. A far cry from a few years ago.

I'm convinced it was the right thing to do to get the error corrected.

[Jingthing]

I totally agree. Glad to hear it went so smoothly.