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Overstay....is there EVER a valid reason


novo58

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Giddyup, I know what you are saying is true, but you do have to feel for certain people.

I am sympathetic, and I may well be one of those who would have to leave if they made requirements beyond what I could either afford or tolerate. I am as settled here as it gets, long term partner, house, dog, late model vehicle etc, so it wouldn't be an easy move to somewhere else.

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@8OA8..................would you care to enlighten us all as to how you just woke up one day and " went to renew my Visa I was informed that I had an over 300 day overstay! ".

so you had no understanding of the basis on which were allowed to enter the kingdom??? No stamp in passport that told you how long you were entitled to stay ? And it took you 300 days to do anything about it ????

@giddyup................I agree with your comment ( about increasing the financial requirements.)................thou of course option #3 ( according to many) would be that it was a justifiable reason to go on overstay!!

@ possum1931........"What about those who have been here for years, under fifty, have contributed greatly to Thailand's economy, have bought houses, cars etc?"

. They continue to stay legally on the same basis as previously or in accordance with whatever new rules are introduced. Same as WE ALL have to. Or maybe sell one of the cars/houses ( you used the plural --not me)to meet the financial requirements..........same as you would have to do in any other country to meet your financial obligations. If they cannot meet the requirements for permission to stay....how can they meet the requirement

for "their houses, cars, belongings, GFs/wives".

Why is it that people think that NON-THAI'S should have some special concessions / exemptions to the country's laws. Would you be happy if these exemptions applied to Cambodians, Loations, North Koreans, Senegalese, Chinese, and other non European - non Anglo Saxon races.......................or is it only OK for us native English speakers!!!

Can you stay in USA , England, Australia, Canada, NZ, Sweden, Italy , France etc etc.....................without the correct visa, permission to stay. What do those country's do when they ( eventually) catch overstayers ???

Edited by novo58
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a lot of expats i know who have the correct visas spend absolutely bugger all in thailand compared to those who cant afford to keep a valid visa. if they want to cull the farangs then kick out the tightwads.....i mean the ones who live in 6k a month rooms with the windows and doors open 24 hours so they dont pay for a fan and only leave the room to go to the 7 for mama noodles...and dont even own a honda wave.

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@8OA8..................would you care to enlighten us all as to how you just woke up one day and " went to renew my Visa I was informed that I had an over 300 day overstay! ".

so you had no understanding of the basis on which were allowed to enter the kingdom??? No stamp in passport that told you how long you were entitled to stay ? And it took you 300 days to do anything about it ????

@giddyup................I agree with your comment ( about increasing the financial requirements.)................thou of course option #3 ( according to many) would be that it was a justifiable reason to go on overstay!!

@ possum1931........"What about those who have been here for years, under fifty, have contributed greatly to Thailand's economy, have bought houses, cars etc?"

. They continue to stay legally on the same basis as previously or in accordance with whatever new rules are introduced. Same as WE ALL have to. Or maybe sell one of the cars/houses ( you used the plural --not me)to meet the financial requirements..........same as you would have to do in any other country to meet your financial obligations. If they cannot meet the requirements for permission to stay....how can they meet the requirement

for "their houses, cars, belongings, GFs/wives".

Why is it that people think that NON-THAI'S should have some special concessions / exemptions to the country's laws. Would you be happy if these exemptions applied to Cambodians, Loations, North Koreans, Senegalese, Chinese, and other non European - non Anglo Saxon races.......................or is it only OK for us native English speakers!!!

Can you stay in USA , England, Australia, Canada, NZ, Sweden, Italy , France etc etc.....................without the correct visa, permission to stay. What do those country's do when they ( eventually) catch overstayers ???

You put a lot of assumptions into the way you have interpreted my post.

I had two positions in my work permit. One was for the representative office, the other was for the BOI promoted company. One day I told the overseas HQ to cease paying my salary, as the local BOI promoted company could and should pay my salary instead.

Unfortunately although there are two positions showing in the WP, the visa was issued because of the supporting documents, and more importantly, the salary being paid by the Rep office.

When I turn up at immigration and my salary from the Rep office is no longer able to be shown, I have a problem. Of course I'm showing it now as coming from the BOI company. The Immigration explained that my visa had expired on the day I stopped receiving a salary from the Rep office (over 300 days earlier) and I had been staying in the country illegally for the past 300 days.

The boss of the Immigration at One Stop advised me to go to a relaxed Immigration office, they were unable to afford me the flexibility my situation required. Notes were scribled by Immigration and Labour staff and put into both the WP and passport, and after a visit to another immigration office, and a short period of "under consideration" and a payment of something like Baht 3,000, it was back to the One Stop shop for an "everything is now ok" and here is your new visa stamp.

I had expected to have to make a quick visit to Cambodia for a new Non B visa and had even managed to get the embassy to agree on a one day turnaround in order to fly out and return to Bkk on the same day.

I hope this helps to clarify that the overstay was indeed an accident and not in any way intentional.

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a lot of expats i know who have the correct visas spend absolutely bugger all in thailand compared to those who cant afford to keep a valid visa. if they want to cull the farangs then kick out the tightwads.....i mean the ones who live in 6k a month rooms with the windows and doors open 24 hours so they dont pay for a fan and only leave the room to go to the 7 for mama noodles...and dont even own a honda wave.

Why don't they introduce mandatory spending of a minimum of 50,000 baht a month, rental payments not included. Proof to be shown in your bankbook when you do your 90 day check. Failure to comply, immediate deportation.rolleyes.gif

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Please stop posting saying health reasons are accepted as a valid reason for overstay.

I was in a coma my retirement extention ran out.

When i was able to communicate with my wife i was now on 35 days overstay.

My wife went immediately to immigration was fined 20.000 baht for my overstay and was told that being in a coma was not an accepted excuse.

They probably wouldn't even accept death as an excuse!

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a lot of expats i know who have the correct visas spend absolutely bugger all in thailand compared to those who cant afford to keep a valid visa. if they want to cull the farangs then kick out the tightwads.....i mean the ones who live in 6k a month rooms with the windows and doors open 24 hours so they dont pay for a fan and only leave the room to go to the 7 for mama noodles...and dont even own a honda wave.

Methinks, you're probably talking about yourself........you describe it so well wink.png

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In answer to the OP question, Yes!

One time when I went to renew my Visa I was informed that I had an over 300 day overstay!

An unintentional mistake on my behalf, they issued me with a 30 day extension and sorted the problem for me.The fine that I had to pay was somewhere in the region of Baht 3,000 All done without having to leave Thailand.

I've had a non-immigrant visa for a few years. I periodically am late for my 90 day check in, I pay the 2000 baht fine and all is well... except I have 3 stamps in my passport saying that I've been late for my 90 day check in.

I was late again this time but had to leave the country (first time in over a year) and was worried they might flag me at the airport. I thought maybe I'll just pay my fine at the airport but nobody said anything and I left and returned a few days later with no issue. I didn't pay any 2000 baht fine and didn't check in. Maybe next time I do my 90 day they'll catch me.

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Imprisonment on remand (1-2 years) and a verdict of not guilty should be a valid reason, but it isn't.

Can you provide a link or article that states this?

Google can not answer all questions, for some information you have to find it out yourself or listen to the experience of others. It's a rare case, bcs. usually the verdict after Imprisonment on remand is guilty and you will be deported. But if you are not guilty, I guess now you will be banned anyway....

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Meanwhile everyone in this thread probably breaks several Thai laws a week, if not every day.

Yes -- I download Japanese XXX porn from a free website that somehow or other has escaped the Thai MICT censor folks

Edited by JLCrab
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On my second or third trip to Thailand I was not fully dialed into the trip length restrictions.

I thought it was a 1 month allowance so 31 days in my mind. I also did not realise the day

you arrive counts as day one. As a result when I went to fly home I was told I had two days

of overstay to pay. The guy saw I had two thousand baht in my wallet and told me that

was the charge. Two thousand baht. No receipt he just took the money and that was that.

What did I know. That was at the Phuket airport about 7 years ago. facepalm.gif

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A better question would be: "Why is it such a big issue to Thai Immigration when it is NOT as big an issue for countries with more to lose?". It is plain and simply an over the top control mechanism, enforced harshly and with ever-increasing paranoid repercussions.

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No there isn't.

Except.........and I agree with the OP on this, health and family issues, and as I understand it, a health problem is covered, but not sure about family.

Everybody knows their due date, so complying can't be difficult. Forgetting is not a valid excuse/reason. Neither are financial reasons. If you can't afford the visa runs, or whatever else is required, you can't afford to be in Thailand.

In a way I agree with you.

I am 71 and still fairly fit and healthy and I do my visa extensions every year without a problem, so far.

However I have to do them in Nakhon Sawan 125 km away and I drive there myself from rural Khampaeng Phet.

Now if I do have a medical problem and cannot walk my wife can drive me there and back which isn't a problem.

However what would happen if for example I became bed ridden and couldn't travel but I could meet all the other requirements?

Would my wife be able to complete the extension in my place? There are NO helpful "agents" out here to do it for me.

If I couldn't physically make it would I then become an over-stayer and a pariah in some peoples eyes. Would the Thai government declare me an illegal and deport me?

What would happen to my Thai wife and son?

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No there isn't.

Except.........and I agree with the OP on this, health and family issues, and as I understand it, a health problem is covered, but not sure about family.

Everybody knows their due date, so complying can't be difficult. Forgetting is not a valid excuse/reason. Neither are financial reasons. If you can't afford the visa runs, or whatever else is required, you can't afford to be in Thailand.

So they should just abandon their Thai home, wife and children then?

Theft from your pension fund, investments, savings or just bad luck or ill health, can happen to anyone at any time.

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I really hope they go on with forcing insurance on long term visa's a lot of the older guys then will be in overstay because they can't afford the insurance. It would cut back on holier then you post from people like the OP.

I get tired by how those who can get an easy visa look down on those who cant. Oh I am on the elite visa before people think I am on overstay.

So, you're tired of those who abide by Thai visa laws, yet you do it, or so you say.

And, yes, I do believe those who abide by the law are on higher ground than those who don't.

I also agree mandatory insurance regulations would drive away many more ne're do wells.

I'd say a 90 day overstay earns a permanent ban from Thailand.

Anyone can stay in Thailand on some sort of visa as long as they want if they have enough money to do so.

So, if who can't get a visa you're a deadbeat with no money, or too cheap to pay for one.

In either case, why should Thailand put up with you?

You may call that holier than thou. I call it pragmatic

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Surely the Thai visa laws are quite generous, if a bit messy.

One month visa-free to nearly all and sundry is pretty good.

Thais travelling to the UK, for example, have far more trouble.

I have also found immigration quite reasonable.

Unaware, I got my dates wrong, by one day once. We quibbled a bit in a friendly way and then they just let me through.

On another occasion, I missed my plane due to over-indulgence.

I decided to go "in for a penny in for a pound" and stayed an extra seven days, paid my 'fine' at immigration without fuss or hindrance and got on to my plane.

I have never done visa runs or needed to stay longer than four months, so perhaps I am not sufficiently qualified to be positive about a system that seems to get a lot of stick on here.

Pretty good for me, at least.

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We are not guests, we are just tolerated. Although what you are saying (apart from the "guest" bit) is true, you give the impression that it is OK if rule changes force some genuinely decent people to leave Thailand whose economy they have been contributing to.

More foreigners would be deported if they had the same attitude as you it has to be said.

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Why are some TVF users overly concerned with everyone else's status?

If you are not over staying then good for you.

If you are over staying then seek help, and take control of the situation before you get captured and banned.

Is there EVER a valid reason to concern your self with everyone else's business?

Well...yes...actually...there is a valid reason. THEY are airing out THEIR business on a PUBLIC FORUM. That then makes it fair game and solicits responses from anyone who has an opinion on the topic. That is the whole purpose of a public forum...to ask questions, present dilemmas, expose personal issues...and solicit for answers/advice/opinions.

Furthermore...anyone that has ever been part of a labor union or a team sport knows that said employees or players are expected to act, behave and go about work (game) by the rules set forth and as a cohesive group. Here on TV we are all part of the TV "team". Even though many of us have differing opinions on issues, we are still expected to abide by the rules of the forum...and the rules of our host country. Those flagrantly and egregiously breaking those rules get banned from TV...and possibly (hopefully) from Thailand soon.

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I can see that there may be valid reasons for short overstays, but I can't see much justification for the kind of people we see regularly mentioned on here recently who have overstayed their visa for a year or more. Surely they've had ample time to deal with the issue?

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I overstayed by a few weeks once. There was this volcano disrupting european air traffic and when I called to rebook my flight the told me it would weeks later before I could get another seat (Eva Air), this would put me well into overstay by about 3 weeks I think. The volcano interrupted air traffic a few days before I was due to fly and with just 1 flight a day I guess there were a thousand or more people trying to rebook seats on planes which were already nearly full - this can lead to massive delays as they fit people in where they can.

The government had made two announcements about people on overstays due to this situation. The first saying nobody would need to pay any overstay fine for the fist couple of weeks, the second one saying nobody would pay any fine whatsoever if delayed for any amount of time due to the volcano.

There were some disagreements about the announcements when it came to immigration. The lady from Eva Air in charge of the check in process argued my point with immigration for over an hour before they backed down and allowed me to leave without paying. It wouldn't have been a big deal anyway but I argued my point and won.

So not only did I overstay by some 20 odd days but I didn't pay any fine either. This is the very definition of a valid reason.

Yes it is, but Colin Neills reason was a lot more valid than yours, and there were others with genuine health reasons like Colins.

Really I don't consider that a valid reason as you could have went to immigration and got a 30 day extension or make a boarder run or short holiday to Malaysia. However I'm glad immigration waived the fees.

The only valid reason I would see if someone had health issues that prevented travel or if there is a delay of 1 or 2 days due to airlines, but 20 days overstay due to airlines you had options.

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I was in the epicenter of a 9.9 earthquake, rode a tsunami on my surfboard, got attacked by 11 crocs, kidnapped by southern rebels, and chased by 354 ladyboys. i had 43 broken bones, 9 mental illnesses (23434 now) and zika.

still NO overstay!!!!!

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I overstayed courtesy of HMG - 88 days - went to trendy building "everything in order" - 1-2 weeks well within time- 19 weeks later still nothing after chasing them by phone email - just "being processed"

Finally got it and first thing I did was leave country pay 20000 fine

Not my fault but immigration so nice

So not every overstay is by individuals fault

Sure some roll the dice in my case not

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I can see that there may be valid reasons for short overstays, but I can't see much justification for the kind of people we see regularly mentioned on here recently who have overstayed their visa for a year or more. Surely they've had ample time to deal with the issue?

They probably did and made their choice.

That's what life is......choices.

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I overstayed courtesy of HMG - 88 days - went to trendy building "everything in order" - 1-2 weeks well within time- 19 weeks later still nothing after chasing them by phone email - just "being processed"

Finally got it and first thing I did was leave country pay 20000 fine

Not my fault but immigration so nice

So not every overstay is by individuals fault

Sure some roll the dice in my case not

You left it until there were only a couple of weeks left before attempting to renew your passport?

I'd say that was your fault.

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I overstayed courtesy of HMG - 88 days - went to trendy building "everything in order" - 1-2 weeks well within time- 19 weeks later still nothing after chasing them by phone email - just "being processed"

Finally got it and first thing I did was leave country pay 20000 fine

Not my fault but immigration so nice

So not every overstay is by individuals fault

Sure some roll the dice in my case not

Not your fault ?

Who decided to leave renewing a passport until the last moment ?

I accept that there was a problem with the UK passport service but you could have avoided the problem by renewing the passport earlier.

I always apply for a new passport nine months prior to expiry or when there are fewer than 6 empty pages.

During my working life I had two passports (easily arranged) so as to ensure I was never caught without a valid travel document.

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The imimigration police is not looking for people overstaying 2-3 days , if you forget it a few days theres no need for a valid reason , just go and pay for the extra days. We are talking about years here , so no excuses , if you can't afford to pay the visa fees you really don't belong here.

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Without replying to the long post above on the sanctimony of some, what amuses me are the persons who claim that their presence in Thailand is of great benefit to the Thai economy/society or their immediate family and/or other relationsips and, since the Thai powers-that-be do not realize this and therefore do not provide them with some convenien slam-dunk way for them to stay long-term in Thailand, they then feel justified in staying in whatever way is available to them whether in full compliance with Thai regulations or otherwise

Edited by JLCrab
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