More Long-Term Overstay Questions

[Deke]

I've been asked some questions regarding overstay and obtaining a new visa but since this is not something that I have experience with I would like to get the opinions of people here that do have knowledge regarding the Thai visa laws and regulations.

This has come up because of the new overstay regulations that will be effective March 30.

An older guy that I know has been living in Thailand for many years (over 30). He has a home and family consisting of wife and the wife's adult children who no longer live with them. He and his wife have not registered their marriage.

The guy's last visa/permission to stay expired sometime in 2006. His passport with the visa stamps has also expired but he has obtained a new passport from his embassy in Bangkok (he's Canadian, if it makes any difference). He has obviously not visited the Immigration Department to transfer his old visa to the new passport and has not done any 90 day reporting.

In advance of the new blacklist penalties and considering his obvious desire to remain with his family, what should he do / what are his options?

Can he just show up at the airport with the old and new passports plus 20,000 Baht and leave the country?

If so, where should he travel to and what kind of visa should he apply for to return? Is there such a thing as a multiple entry retirement visa? I assume that he doesn't have a lot of money in a bank account anywhere.

Thank you in advance for helpful replies.

[NancyL]

I know several other old guys in the same situation. Some haven't even had valid passports for years.

[elviajero]

• The important thing is that he exists before March 20th.
• ​If he is not married and doesn't have the money to qualify for a visa/extension of stay based on retirement his only real option, short term, is to get a single entry tourist visa.
• If he legalises his marriage, which he can probably only do with a valid permission to stay, he would then qualify for visas and extensions of stay based on marriage.
• Once married he could apply for a 60 day extension of stay and or go to Savannakhet, Laos and get a 1 year multiple entry non immigrant visa based on marriage.
• Or if he can put 400k in a Thai bank for 2 months he could get a single entry non 'O' visa and apply for a 1 year extension of stay.

He has options but i think he needs to formalise his marriage.

[ubonjoe]

He can leave from a airport and pay the 20k baht overstay fine on departure from the country. As said it is the 20th March not the 30th the new rules start.

He should fly to a location where he can get at single entry tourist visa to return with.

Then he will need to look at other options to stay legal here.

[Deke]

Thanks for the suggestions so far. Where is a good destination to get a tourist visa? Are there no multi-entry options?

Thanks again.

[elviajero]

Thanks for the suggestions so far. Where is a good destination to get a tourist visa? Are there no multi-entry options?

Thanks again.

• There are no multiple entry tourist visas available in neighbouring countries.
• Vientiane or Savannakhet in Laos or Penang in Malaysia.

[ubonjoe]

Vientiane or Savannakhet in Laos or Penang Malaysia are good locations to get a tourist visa.

Since November the only tourist visa he can get is a single entry unless he returns to his home country to get the new multiple entry tourist visa.

[Eclipse]

Leave and pay the fine as soon as possible.

Return with a Tourist Visa.

As said, marrying his girlfriend will give him more options.

Getting married is not expensive.

[Deke]

Thanks again.

It looks like his cheapest alternative would be to fly to Vientiane.

in the long term, what is the difference between applying for a visa based on marriage and one based on retirement? I've read on other threads about getting a multi-entry visa based on marriage at Savannakhet. It the same possible for a retirement visa?

[elviajero]

Thanks again.

It looks like his cheapest alternative would be to fly to Vientiane.

in the long term, what is the difference between applying for a visa based on marriage and one based on retirement? I've read on other threads about getting a multi-entry visa based on marriage at Savannakhet. It the same possible for a retirement visa?

You can apply for a single entry non immigrant 'O' visa (2,000 baht) based on marriage or retirement very easily from local embassies/consulates. He would need to show 800k baht or a certified income of 65k per month to get the visa based on retirement, whereas, no financial proof is needed for one based on marriage.

Once he has the non 'O' visa you can apply for a 1 year extension of stay in the last 30 days of the 90 days you'll be granted on entry.

Extension based on retirement: 800k in a Thai bank for 2 months or a certified income of 65k pm or a combination of the two.

Extension based on marriage: 400k in a Thai bank for 2 months or a certified income of 40k pm.

If he can't meet the financial requirements above or prefer a multi entry visa he can apply for a multiple entry non 'O' visa (5,000 baht) based on marriage (only) in Savannakhet without the need to prove any income. With this visa he would have to do a border run every 90 days although a 60 day extension (1,900 baht) is available for any of the 90 day entries. Fully utilised this visa with an extension of stay can allow him to stay for almost 17 months before needing a new visa or applying for a 1 year extension of stay.

Edited January 16, 2016 by elviajero

[jspill]

Some reports of getting an non Australians getting an METV in Melbourne without residence there, or the proof of employment requirement. That'd be cheaper than a flight to CA, if he wanted the METV.

[jacksam]

If he lives in bkk just fly to nearby country. Pay fine, obtain setv. Can obtain the non o later, after he sorts stuff out. Doing nothing would be crazy option.

[Deke]

In addition to paying the 20,000 Baht fine for overstay when leaving, is there any penalty for not complying with the 90-day reporting rule?

Thanks.

[ubonjoe]

In addition to paying the 20,000 Baht fine for overstay when leaving, is there any penalty for not complying with the 90-day reporting rule?

Thanks.

No

[Eclipse]

In addition to paying the 20,000 Baht fine for overstay when leaving, is there any penalty for not complying with the 90-day reporting rule?

Thanks.

Nope. Zilch.

[elviajero]

In addition to paying the 20,000 Baht fine for overstay when leaving, is there any penalty for not complying with the 90-day reporting rule?

Thanks.

No he will only be charged the overstay fine.

[bkkcanuck8]

I see lots of people saying just leave pay the fine and get a tourist visa and return. I would expect that the tourist visa after such a short period out (as well as visa waiver) would be rejected because of them wanting to discourage in/out. Has something changed that they will allow tourist visas for people that have already been here longer than a traditional "tourist"?

[ubonjoe]

I see lots of people saying just leave pay the fine and get a tourist visa and return. I would expect that the tourist visa after such a short period out (as well as visa waiver) would be rejected because of them wanting to discourage in/out. Has something changed that they will allow tourist visas for people that have already been here longer than a traditional "tourist"?

The out/in only applies to visa exempt entries and you must have few of them before it becomes a problem.

There is no restriction on tourist visa entries.

[BritTim]

I see lots of people saying just leave pay the fine and get a tourist visa and return. I would expect that the tourist visa after such a short period out (as well as visa waiver) would be rejected because of them wanting to discourage in/out. Has something changed that they will allow tourist visas for people that have already been here longer than a traditional "tourist"?

Nothing has changed. With the exception of a few embassies, the length of time in Thailand on previous tourist visas is not a consideration when issuing new visas. Some land borders have restrictions on visa exempt entries.

[seancbk]

Some reports of getting an non Australians getting an METV in Melbourne without residence there, or the proof of employment requirement. That'd be cheaper than a flight to CA, if he wanted the METV.

Can you or anyone else post links to these reports please.

[jspill]

Can you or anyone else post links to these reports please.

http://www.thaivisa.com/forum/topic/870548-the-multiple-entry-tourist-visa-topic-metv/page-38#entry10304509

[louse1953]

I expect TVF,next month to be full of visa questions as farangs finally wake up to what's going to happen.Ubon Joe,you are going to be a busy man.

[ubonjoe]

Off topic and unhelpful posts have been removed and will from now on be removed without notice.

[Liquorice]

He can pay the 20K fine, fly out to Vientiane (if that his easiest choice) and get a single entry Tourist Visa 60 days + 30 day extension at local Immigration.

If he legalises his marriage, he can then get a multi entry Non Imm O Visa from Savannakhet without proof of funds, OR a single entry Non Imm O and then an extension based on marriage from local Immigration but will require 400,000 in a Thai bank, or a letter of income from his Embassy of 40,000 baht per month.

[csabo]

Some reports of getting an non Australians getting an METV in Melbourne without residence there, or the proof of employment requirement. That'd be cheaper than a flight to CA, if he wanted the METV.

Do you have an image of or link to any such METV? When I see it I will be more inclined to believe it and hope it is true but not interested in rumors.

[Jackieiam]

I personally did it myself. Bought a ticket from BKK-Viantiane. Paid the 20,000THB fine went to the embassy and requested for a Single Entry TR visa. Do not try destination like Singapore/Hong Kong/KL or anything other than Laos or Penang. I spent about 10,000THB for the trip include plane tickets and hotel and ect. And I also have a 20,000THB in cash in case the immigration officer ask for proof of fund. So I can assume that with 50K he could make things right and I will strongly encourage to do it. He'll be sorry if he was caught after March 20. I personally was afraid to lose my family so I decided to make things right. Now my advice is he should clear the over stay ASAP, after that get a SETR and re-enter. 60+30days I believe it's long enough to think what to do next and sufficient time to prepare for next step. Non-O / Retirement.

[beerzy]

Leave and pay the fine as soon as possible.

Return with a Tourist Visa.

As said, marrying his girlfriend will give him more options.

Getting married is not expensive.

How much to get married please????

[jspill]

Some reports of getting an non Australians getting an METV in Melbourne without residence there, or the proof of employment requirement. That'd be cheaper than a flight to CA, if he wanted the METV.

Do you have an image of or link to any such METV? When I see it I will be more inclined to believe it and hope it is true but not interested in rumors.

More reports here and it matches what's on the consulate websites over there.

http://www.thaivisa.com/forum/topic/887499-got-metv-in-australia-with-no-residency-employment-requirements/

[Eclipse]

Leave and pay the fine as soon as possible.

Return with a Tourist Visa.

As said, marrying his girlfriend will give him more options.

Getting married is not expensive.

How much to get married please????

A few thousand baht for documents from your Embassy and MFA Thailand.

One or two hundred Baht at the amphur to register.

https://www.gov.uk/marriage-abroad/y/thailand/ceremony_country/partner_local/opposite_sex

Edited January 19, 2016 by Eclipse

[justaphase]

And a couple of hundred baht for the witnesses. It's common practice for the nearest motorcycle taxi queue to the offices to witness for you for a few baht.