Tricky grey area involving overstay and police

[kohbar]

Hi guys,

Need some advice if possible but this is a tricky one. This is my situation and whats happened :

• I'm in Ubon Ratchathani
• An a 1 year 3 month overstay
• Was stopped and checked on my motorbike for alcohol Friday night and was over the limit.
• Taken to station, put in a holding cell and let out after paying 2000 by my gf
• Reported back next day to pay further 5000 at the court but only with a copy of my passport
• They said they needed to see the real passport. I said it was with a friend in Bangkok and I would get it sent up They called a private company who check visa status' for foreigners while i was at the desk but they couldnt find my status
• Had my fingerprints done, they let go with the gf and said come back Tuesday morning with the passport

So at the moment the local police here dont know im on an overstay.

I have the money to go the airport, pay the 20k overstay fine and come back. But will i be stopped at the airport and then the whole thing backfires. Or are the 2 issues totally separate. I wouldn't think I have a warrant on me because they let me go happily to come back Tuesday. The only thing thats pending is a quick court appearance, pay the 5000 fine and that's it, according to the police in Ubon. Or will there be a stop notice on my passport. Its hard to tell.

The other issue if ofcourse even if i can pay the overstay and come back the police in Ubon will then see I was on an overstay when the act was committed. But again is this maybe none of their business and the two issues are separate ?

My other option is i do have a contact who can sort my overstay out inland and I wont have to leave but he will take 5 days to do that which means holding the police off until my passport is back.

Thanks in advance for any advice or info anyone can give me. I have already made preparations to go back to the UK if im deported and then will just live in Cambodia with the family but ideally i would like to stay here.

[shirtless]

You are in a predicament ,

[tonray]

Wow...perhaps the only advice I can give is to try and live a bit more responsibly. good luck.

[PattayaAl]

Man this really is tricky .

If you do fly out and back, police will see the stamps, not sure how they will react knowing you left the country.

If you do not and they see you on overstay, after paying this fine , you would be re- arrested and thrown out.

If I had to gamble , I would fly out and back

[kohbar]

Man this really is tricky .

If you do fly out and back, police will see the stamps, not sure how they will react knowing you left the country.

If you do not and they see you on overstay, after paying this fine , you would be re- arrested and thrown out.

If I had to gamble , I would fly out and back

Yeah its tricky.

Thats my gut feeling also is to just try and fly out and back.

[ubonjoe]

You should have no problem leaving the country to take care of the overstay.

After the overstay is cleared their is nothing that can be done about it.

[tinat]

"An a 1 year 3 month overstay" - "I have the money to go the airport, pay the 20k overstay fine"

But only now, when the sh!t has hit the fan are you thinking of clearing the overstay ?

:-(

[kohbar]

You should have no problem leaving the country to take care of the overstay.

After the overstay is cleared their is nothing that can be done about it.

Thanks for the advice.

Ok well i think you are probably one of the most knowledgeable people on here so im going to go with that. Its still a risk i suppose but worst case Cambodia will be my new home right.

Only other thing that could happen is the local police here might get angry that i lied or wasnt truthful about my status at that point. Then they might try and do me for the max penalties on the drink driving. But thats totally out of my control so have to see about that.

[transam]

I believe you will not be allowed to return to LOS for 3 years..

[jacksam]

As usual great advice from ubon. Perhaps when your back (not that police can trouble you) be very apologetic and claim you had no idea of fact you had overstay until you arrived at airport, so then cleared fine and hope they don't adopt an attitude with you. Do it now. The new rules come in soon anyway. Get ass into gear

[kohbar]

"An a 1 year 3 month overstay" - "I have the money to go the airport, pay the 20k overstay fine"

But only now, when the sh!t has hit the fan are you thinking of clearing the overstay ?

:-(

Thats correct yes.

It was advice about the future I was looking for not the past. I know this is all my own doing so prepared for the consequences. We all make mistakes........well apart from you maybe it seems.

[PattayaAl]

I believe you will not be allowed to return to LOS for 3 years..

Not yet, I think starts next month

[ubonjoe]

I believe you will not be allowed to return to LOS for 3 years..

That would not happen now. After the 20th of March it could happen.

[kohbar]

As usual great advice from ubon. Perhaps when your back (not that police can trouble you) be very apologetic and claim you had no idea of fact you had overstay until you arrived at airport, so then cleared fine and hope they don't adopt an attitude with you. Do it now. The new rules come in soon anyway. Get ass into gear

Thanks

[Eclipse]

I believe you will not be allowed to return to LOS for 3 years..

We can only hope so.

Nicked for drunk driving while on a long overstay, refusing to supply passport, lying to police. Quality.

Edited February 28, 2016 by Eclipse

[kohbar]

Thanks for all the replies. Think ill try the airport and prepare for the worst.

[elviajero]

• Leaving and clearing the overstay shouldn't be a problem, before Tuesday.

If you report to the Police on Tuesday with an overstay you will almost certainly be put through the deportation process. That might be your best option as it currently doesn't stop you from re-entering.

If you don't report to the Police I'm pretty sure it will come back and bite you if you return.

I suppose you could leave today, return on Monday and report on Tuesday. Your passport would be in order and I doubt any retrospective action for the overstay would be possible, but what other problems you might face are unknown.

[kohbar]

• Leaving and clearing the overstay shouldn't be a problem, before Tuesday.
• If you report to the Police on Tuesday with an overstay you will almost certainly be put through the deportation process. That might be your best option as it currently doesn't stop you from re-entering.
• If you don't report to the Police I'm pretty sure it will come back and bite you if you return.
• I suppose you could leave today, return on Monday and report on Tuesday. Your passport would be in order and I doubt any retrospective action for the overstay would be possible, but what other problems you might face are unknown.

Thanks for that.

Yes there is no way I wont report to the police. Primarily because they have my gf's ID card and most important thing is her and the baby are ok. I plan on leaving tomorrow, fly back Tuesday and i might be a bit late for them but ill be there. Gf can always say im travelling up.

Your right the only thing thats completely unknown is if they choose to charge me with the max penalty for drink driving which could even be deportation anyway. I doubt it but possible. I can only hope that all they are interesting in his processing me, paying the 5000 and on my way.

[bkkcanuck8]

• Leaving and clearing the overstay shouldn't be a problem, before Tuesday.
• If you report to the Police on Tuesday with an overstay you will almost certainly be put through the deportation process. That might be your best option as it currently doesn't stop you from re-entering.
• If you don't report to the Police I'm pretty sure it will come back and bite you if you return.
• I suppose you could leave today, return on Monday and report on Tuesday. Your passport would be in order and I doubt any retrospective action for the overstay would be possible, but what other problems you might face are unknown.

Thanks for that.

Yes there is no way I wont report to the police. Primarily because they have my gf's ID card and most important thing is her and the baby are ok. I plan on leaving tomorrow, fly back Tuesday and i might be a bit late for them but ill be there. Gf can always say im travelling up.

Your right the only thing thats completely unknown is if they choose to charge me with the max penalty for drink driving which could even be deportation anyway. I doubt it but possible. I can only hope that all they are interesting in his processing me, paying the 5000 and on my way.

If you cannot make it by Tuesday, just have your gf tell the police officer that you are clearing your overstay and will turn yourself in the next day as to make sure they know you have not gone on the lamb (at that point you will be out of the country / on your way back anyway -- with your passport)

[IMA_FARANG]

I believe you will not be allowed to return to LOS for 3 years..

Not yet, I think starts next month

----------------------

Exactly.....the new rules with the possibility of not being allowed to return do not go in to effect until the 20th of March.

Si, if you can, clear your overstay before March 20th to avoid being banned from returning.

[kohbar]

• Leaving and clearing the overstay shouldn't be a problem, before Tuesday.
• If you report to the Police on Tuesday with an overstay you will almost certainly be put through the deportation process. That might be your best option as it currently doesn't stop you from re-entering.
• If you don't report to the Police I'm pretty sure it will come back and bite you if you return.
• I suppose you could leave today, return on Monday and report on Tuesday. Your passport would be in order and I doubt any retrospective action for the overstay would be possible, but what other problems you might face are unknown.

Thanks for that.

Yes there is no way I wont report to the police. Primarily because they have my gf's ID card and most important thing is her and the baby are ok. I plan on leaving tomorrow, fly back Tuesday and i might be a bit late for them but ill be there. Gf can always say im travelling up.

Your right the only thing thats completely unknown is if they choose to charge me with the max penalty for drink driving which could even be deportation anyway. I doubt it but possible. I can only hope that all they are interesting in his processing me, paying the 5000 and on my way.

If you cannot make it by Tuesday, just have your gf tell the police officer that you are clearing your overstay and will turn yourself in the next day as to make sure they know you have not gone on the lamb (at that point you will be out of the country / on your way back anyway -- with your passport)

Thanks and yes another way perhaps. Could just be direct and say sorting out overstay. Fundamentally all they want to see is im legal here. BY the time i get there I will be, if it all goes to plan. If not then i cant see how they can legally do anything to my gf. This is what im checking with a lawyer about now. If i cant make it back what can they do to her !!

[elviajero]

Thanks for that.

Yes there is no way I wont report to the police. Primarily because they have my gf's ID card and most important thing is her and the baby are ok. I plan on leaving tomorrow, fly back Tuesday and i might be a bit late for them but ill be there. Gf can always say im travelling up.

• When you fly back on Tuesday I assume it will be without a visa. The airline may want to see an onward flight dated within 30 days of arrival and might not let you board without one. You can buy an onward ticket to anywhere.
• Expect the IO to question you on re-entry especially if you don't have a visa. Make sure you have at least 10k in cash as that is a requirement for entry.

If you are not planning on getting married to the mother of your child you should legalise your parenthood (if you haven't already) asap. That will give you long term options for staying legal.

Also, note that you can extend any permit to stay by 60 days at an immigration office without needing to be the legal father. That includes the 30 day stay you will get on Tuesday.

Edited February 28, 2016 by elviajero

[jacksam]

I for one hope the op has a good outcome. Hope anyone reading this thread that currently is on overstay, things can go wrong at any time. Yes the op was drinking but that aside there are many reasons the police might be waiting to see his pp. He may have had a minor bike accident etc etc.

Overstaying and not clearing it up before march 20 won't be met with much sympthay. Potential of new rule to separate loved ones and friends, in some cases children is something folk need to clear up now. I mean what's required. Perhaps 20k plus 3k return flight. Small change for setv and accomm. Job done. Sleep happy

[inbangkok]

My other option is i do have a contact who can sort my overstay out inland and I wont have to leave but he will take 5 days to do that which means holding the police off until my passport is back.

Is this legal? If not, do you really think it is wise to break yet another law at this point?

[jacksam]

My other option is i do have a contact who can sort my overstay out inland and I wont have to leave but he will take 5 days to do that which means holding the police off until my passport is back.

Is this legal? If not, do you really think it is wise to break yet another law at this point?

I agree with inbangkok, OP, ask yourself this question. Do you think any of the experienced advisors, like the mods for instance, would suggest this is a good idea. IMO you should of flown out today and got back asap. The police matter and fine is least of your problems. You need to clear overstay.

[Rayk]

Was stopped on Friday, reported back on Saturday and yet as of 2 hours ago it seems you are still in Thailand. Get to the airport pay the fine, fly out and come back in. As jacksam has said, the police and fine are the least of your worries at the moment.

[PattayaAl]

Another thing OP, to my knowledge, this is the process in regards to drink driving.

Bail is 20 000-30 000, but you said GF paid only 2000

Court max penalty to my knowledge is 3000 baht, but police telling you to pay 5000 and another court appearance?

I know a couple of foreigners in Pattaya and this is what happened,

First arrested and in the cells,

Next morning, bail paid by a Thai(must be a Thai) one was 20 000 and another 30000 baht

2 days later off to court. Pleaded guilty, paid 3 000 baht immediately after the sentencing. In the mean time police held on to passport.

Once paid, back to police station to show the receipt of payment and court judgement.

In one case, passport returned immediately and bail refunded back 7 days later.

In second case, took almost 2 weeks to get back the passport with few (donations) and 30 days to get the bail back.

From your OP, it does not sound like matter is going to court, or am i wrong?

[kohbar]

Another thing OP, to my knowledge, this is the process in regards to drink driving.

Bail is 20 000-30 000, but you said GF paid only 2000

Court max penalty to my knowledge is 3000 baht, but police telling you to pay 5000 and another court appearance?

I know a couple of foreigners in Pattaya and this is what happened,

First arrested and in the cells,

Next morning, bail paid by a Thai(must be a Thai) one was 20 000 and another 30000 baht

2 days later off to court. Pleaded guilty, paid 3 000 baht immediately after the sentencing. In the mean time police held on to passport.

Once paid, back to police station to show the receipt of payment and court judgement.

In one case, passport returned immediately and bail refunded back 7 days later.

In second case, took almost 2 weeks to get back the passport with few (donations) and 30 days to get the bail back.

From your OP, it does not sound like matter is going to court, or am i wrong?

HI, well i cant say your wrong. I can only say what happened to me and what gf said. I was in the holding cell for about 2 hours. Then released by paying 2000. They then told my gf to come back in the morning with me to go to court and pay 5000 fine.

If it turns out to be more than that then i guess they will just have to hang on to my passport until i pay it but at least ill be legal by that point.

[kohbar]

Thanks for all the replies both from the positive and the negative.

I am travelling down to BKK today and flying out in the morning. Will update on the saga later.

[chiang mai]

The drink drive penalty is a lot higher than 3k baht as mentioned earlier, my BiL got stopped two months ago and he paid 12k baht in CM and he's Thai.