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Visa Overstay


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I have been reading up on the forums regarding all the stories about peoples experiences and what the law dictates as far as overstays. I have recently returned to Thailand at the start of March to experience a situation that caused me a bit of an issue to say the least ! I have been living in Thailand since 2010 working on mostly 28/28 day rotations in my chosen profession, Last year I required a new passport and sent all my relevant documentation back to the UK. Due to whatever reason I received my passport back from the UK 3 months later which put me on an overstay...On departure some months later flying out of the country, I paid the required 20,000Bbaht with a receipt given and went on my merry way.

I returned to Thailand at the start of March and made it as far as passport control in BKK International Airport, I was asked about the overstay and asked to accompany the Immigration officer to a room for further questioning. Long story short as this dragged on for 5 hours... I was detained and placed in the immigration holding area located in the airport, I had representation from the airline that flew me into BKK that were actually very helpful as the immigration told me nothing. I was holding more than enough money to see my planned months stay and also a return ticket. I was held for 26 hours and deported.

I have no stamp in my passport to reflect this and I am now trying to find out what the situation is regarding my return or am I now placed on some blacklist? My argument is the overstay was in 2015 and fine was paid in 2015 before the new enforcement was rolled out on the 20th March 2016. Be aware people as this may bite you in the ass !!

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Thus far it seems as though whether or not to apply a ban to an over-stayer returning is up to the discretion of the individual IO on arrival or departure. There have already been reports of people clearing small overstays post March 20th 2016 and being allowed to 'spin around' with no problems.

An acquaintance of mine who settled his 4 year overstay, also in 2015, returned in early March of this year with only minimal aggro at Suwannaphumi - his passport was initially passed from pillar to post, then he was made to stand at a number of booths to be frowned at by a number of different IOs, (though he feels they did this to 'make him sweat' as a lesson as it wasn't very busy) before they eventually stamped him in - but he had a non-immi visa from the US in a new passport which may have been the deciding factor for him.

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This company can apparently check if you've been blacklisted: http://www.thaivisaservice.com/

You weren't deported because you never entered the country but were denied entry. Not having a denial stamp in your passport is a good thing although it doesn't help to understand why you were denied. I would guess it was a combination of your overstay and the suspicion of working illegally.

Did you have a visa or trying to enter using visa exempt entry?

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and the suspicion of working illegally.

That's an excellent point indeed.

The reason they began really getting down on visas, especially border runners back in the mid 2000s was due to the alleged large numbers of 'illegal' workers able to remain in the country thanks to back-to-back border runs for a 30 day stamp, or SETV runs to Penang (or similar) which is why they restricted the amount of either you could have in your passport.

The problem could be is if they have you down on their records as a possible (former or future) illegal worker......

Good luck.

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and the suspicion of working illegally.

That's an excellent point indeed.

The reason they began really getting down on visas, especially border runners back in the mid 2000s was due to the alleged large numbers of 'illegal' workers able to remain in the country thanks to back-to-back border runs for a 30 day stamp, or SETV runs to Penang (or similar) which is why they restricted the amount of either you could have in your passport.

The problem could be is if they have you down on their records as a possible (former or future) illegal worker......

Good luck.

When you next return make sure you have 20,000 Bht (or equivalent) in cash and evidence of being employed overseas.

The most common reasons for refusing entry is

a. lack of financial resource and

b. suspicion of illegal working.

Edited by johnatong
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I initially came to Thailand to work for a Thai company in 2010. As this was relatively short lived venture I moved back into the 28/28 day or so rotational jobs in the asia pacific region. I was never working illegally in Thailand and even showed the IO my previous 2 passports to show my employment visa from 2010 and as the current passport only has my departure stamp from 2015 with the overstay and fine printed on the page.. I actually think I may have opened a can of worms when I showed the 2 previous passports as the jobs worth IO went through them both scrutinizing every in and out stamp from Thailand.

Edited by DaveyBond
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It would be useful for people to know if you had a visa AND if not was your onward flight dated within 30 days of entry?

I have been working a tourist visa on arrival system since late 2010. I was expecting to get a 30 day tourist visa and I had a return flight dated 28 days after my arrival which was shown to Immigration and most likely assisted in my quick turn around.

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It would be useful for people to know if you had a visa AND if not was your onward flight dated within 30 days of entry?

I have been working a tourist visa on arrival system since late 2010. I was expecting to get a 30 day tourist visa and I had a return flight dated 28 days after my arrival which was shown to Immigration and most likely assisted in my quick turn around.

There is no "tourist visa on arrival" only "visa exempt" entries for those who qualify for one.

Collecting a number of visa exempt entries will, now , attract the attention of IO's who will want to know what you are doing in Thailand.

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I am certain you have a denial of entry stamp in Thai stating it was under section 12 of the immigration act. Look at it and it will have numbers on it such as (3) and (4 )which are the most common and are for lack of financial proof and suspicion of entering the country to work illegally.

I doubt you have been black listed. Other have been denied entry for the same reasons and were not blacklisted.

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This is the second report of denial of visa exempt entry, allegedly with no accompanying stamp. While rather unlikely, could it be that they are denying entry on grounds other than section 12, and doing so without a stamp?

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This is the second report of denial of visa exempt entry, allegedly with no accompanying stamp. While rather unlikely, could it be that they are denying entry on grounds other than section 12, and doing so without a stamp?

A violation of the immigration act is the only thing they can deny entry for unless a person has been blacklisted.

At an airport the denial of entry stamp would be done. Only at border can they get away with not doing one.

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I dont get it You have an overstay and pay the fine So what makes you think Immigration thinks you wont do it again

You broke the law and now you want exoneration I don't think so

Excuse me, please. Did you never ever do something stupid in your life before which you now regret?

Or are you the OP's mom? Then, and only then I'd apologize. Mind your own business, please. wai2.gif

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I dont get it You have an overstay and pay the fine So what makes you think Immigration thinks you wont do it again

You broke the law and now you Wang exoneration I don't think so

Me thinks the answer would be.... Paid the fine!

Immigration is allowing others in after multiple years on an overstay.

It must have to do with returning with no visa! Which implies no funds in the bank required when submitted his visa application back in his home country..

His back up plan was to just show up, thinking he'll atleast get a visa exempt stamp, then go to Easy Visa Anywhere and extend for another 30 days..

But, it didn't work... My guess??

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This is the second report of denial of visa exempt entry, allegedly with no accompanying stamp. While rather unlikely, could it be that they are denying entry on grounds other than section 12, and doing so without a stamp?

I think they are using section 12, but I don't think they, by law, need to stamp the passport. By my understanding, as long as they give the reason for denial in writing, they've complied with the law.

Section 22 : In the instance where the competent official discovers that an alien is forbidden from entering into the Kingdom under the provisions of Section 12 , the competent official shall have authority to order said alien by written notification to leave the Kingdom.

Immigration Act

Edited by elviajero
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Interesting to note that this happened at the beginning of March, ie, before the 20th.

As he did mentioned it happened prior to the 20th....

So those thinking of "returning" after an overstay, thinking a visa exempt stamp will be issued, think of getting the appropriate visa prior to arriving in Thailand.

You might save time and money in the long run... Or, will be allowed in with no problems???

Take your chances...

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My dutch friend unexpectedly tried to come back to thailand today from philipines.Despite the last io telling him he wasnt banned he actually was.5 years.

But nothing on passport.He is severly pissed off

Unexpectedly pissed off? facepalm.gif

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My dutch friend unexpectedly tried to come back to thailand today from philipines.Despite the last io telling him he wasnt banned he actually was.5 years.

But nothing on passport.He is severly pissed off

Eddy, do you know anybody is isn't on overstay?laugh.png

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My dutch friend unexpectedly tried to come back to thailand today from philipines.Despite the last io telling him he wasnt banned he actually was.5 years.

But nothing on passport.He is severly pissed off

According to your report he only overstayed for 5 months so why has he been banned for 5 years?

A surprisingly quick return and reaction from someone that was moving to the Philippines and didn't care about getting banned!

Would you reconfirm the length of his overstay and ban.

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My dutch friend unexpectedly tried to come back to thailand today from philipines.Despite the last io telling him he wasnt banned he actually was.5 years.

But nothing on passport.He is severly pissed off

This a different friend .??post-255494-14595367515117_thumb.png

Sent from my SM-T715Y using Tapatalk

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Eddys "post "

My dutch friend unexpectedly tried to come back to thailand today from philipines.Despite the last io telling him he wasnt banned he actually was.5 years.

But nothing on passport.He is severly pissed off

Was made "3" days ago

Get a life lad

Sent from my SM-T715Y using Tapatalk

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Eddys "post "

My dutch friend unexpectedly tried to come back to thailand today from philipines.Despite the last io telling him he wasnt banned he actually was.5 years.

But nothing on passport.He is severly pissed off

Was made "3" days ago

Get a life lad

Sent from my SM-T715Y using Tapatalk

Do try to keep up to date !

http://www.thaivisa.com/forum/topic/907297-a-twist/

Get a life lad !

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