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I am about to clear 8 years overstay. Do I need a lawyer just in case?


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I am a Cameroonian who had been and is currently teaching in a private Thai school for 3years now. About 9months ago, my school took on someone to handle visa issues on behalf of the school. He took the Visa extension money ; got a fake visa and ran away. Right now I'm stuck with a fake visa which implies Im 9months overstayed. My school wants to destroy my passport and those of the other 2 English teachers who are also concerned. The school got us police reports to show that we lost our passports. The other two English teachers will go to get an emergency travel document to go back to the UK but for me, I don't know where to go to since I haven't got an embassy and I don't want to be banned.Please help if you have an idea on what can be done. Thanks.

Under no circumstances allow the school to destroy your passport.

Go and get it off them;, give them any story, leave and have nothing else to do with them.

If your passport is still valid, get to the airport, pay the 20,000B and get out as soon as you can, while it still seems there may still be a degree of leniency being shown by Thai Immigration officers to people trying to voluntarily clear their over-stays.

I wouldn't try and make them swallow any long, drawn out, difficult to prove stories either.

It would probably would be best to take all it on the chin, pay up, and get out.....at worst any ban you may have put on you would only be 1 to 3 years which will soon pass.

Good luck.

  • It sounds like they have a fake permit to stay in their passport which if discovered at a border could end up in an arrest.
  • At this time there is no known leniency and we have to assume that someone with a 9 month overstay will get banned.
Unfortunately this person is in a very difficult position and without the help of the school, or a Lawyer to fix things with immigration is going to find it hard to leave without getting a ban.
I read somewhere that the penalties for having a fake extension are; six to ten years imprisonment and up to B200.000. I think that is why the school wants to destroy the passport .

The school is also looking for an agency that can help clear the overstay for any amount of money but as for now, none has been found. Any information on this will be greatly appreciated . Thanks for all the help. I'm more than grateful.

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nobody can clear his overstay as he has a fake extension in passport.

And he from an African country, no agent can take care stamp at Thai-Malaysia border.

To make matters worse he is from a country with no diplomatic representation

in Thailand.

IMHO, it might be not the best advise, but try to wash out the fake extension and

pay the overstay at airport, at least you can leave Thailand, but will not prevent

you from being black listed.

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Understand this: the school's interests and your own do not coincide at this point. Also, to date, you have done nothing criminal, and (after investigation) immigration will probably believe you. If at all possible, get your passport. In any event, contact an immigration lawyer, tell him all the facts, and have him advise you on the best course of action. My instinct is that you should report the school for what they have done. This will not help your future employment prospects, but you do not want to be an accessory to immigration fraud.

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nobody can clear his overstay as he has a fake extension in passport.

And he from an African country, no agent can take care stamp at Thai-Malaysia border.

To make matters worse he is from a country with no diplomatic representation

in Thailand.

IMHO, it might be not the best advise, but try to wash out the fake extension and

pay the overstay at airport, at least you can leave Thailand, but will not prevent

you from being black listed.

Tampering with your passport is a crime - it is NOT your property - it is the governments.

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Overstay of 8 years in Thailand? You should know better than come here and ask for advise as to whether you need the help of a lawyer.

No sympathy from me.

I didn't see the OP asking for your or anybody elses sympathy, do you?

He is simply asking for advice not lectures but of course the TV brigade just can't help themselves

No sympathy whatsoever. This country, as do all countries have immigration laws in place. They are there for a reason. If you cannot abide by those immigration laws, then you are commiting an offence. In this case, an 8 year overstay. And you wonder why the Thai Government are getting stricter?

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Overstay of 8 years in Thailand? You should know better than come here and ask for advise as to whether you need the help of a lawyer.

No sympathy from me.

I didn't see the OP asking for your or anybody elses sympathy, do you?

He is simply asking for advice not lectures but of course the TV brigade just can't help themselves

No sympathy whatsoever. This country, as do all countries have immigration laws in place. They are there for a reason. If you cannot abide by those immigration laws, then you are commiting an offence. In this case, an 8 year overstay. And you wonder why the Thai Government are getting stricter?

And by coming into a public forum and admitting such, you are opening up TV to problems. On this thread alone fine upstanding farangs have admitted to 5,8, and 10 year overstays. SMDH

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Overstay of 8 years in Thailand? You should know better than come here and ask for advise as to whether you need the help of a lawyer.

No sympathy from me.

I didn't see the OP asking for your or anybody elses sympathy, do you?

He is simply asking for advice not lectures but of course the TV brigade just can't help themselves

No sympathy whatsoever. This country, as do all countries have immigration laws in place. They are there for a reason. If you cannot abide by those immigration laws, then you are commiting an offence. In this case, an 8 year overstay. And you wonder why the Thai Government are getting stricter?

Even Cops I know can be sympathetic..

Why not just chill..

Relax

Righteously

Aloha

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Overstay of 8 years in Thailand? You should know better than come here and ask for advise as to whether you need the help of a lawyer.

No sympathy from me.

I didn't see the OP asking for your or anybody elses sympathy, do you?

He is simply asking for advice not lectures but of course the TV brigade just can't help themselves

No sympathy whatsoever. This country, as do all countries have immigration laws in place. They are there for a reason. If you cannot abide by those immigration laws, then you are commiting an offence. In this case, an 8 year overstay. And you wonder why the Thai Government are getting stricter?

Even Cops I know can be sympathetic..

Why not just chill..

Relax

Righteously

Aloha

How "sympathetic are the "cops" in your county ?

Perhaps you come from a place where "overstayers" are welcome and "cops" are prevented from asking difficult to answer questions ?

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Just turned my phone on again..

Sorry, I was talking about Hawaiian cops that give me rides hitchhiking, not Immigration ICE..

Mixed my metaphor..

But it's hard to judge without knowing all motivations..

? Alohz

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Overstay of 8 years in Thailand? You should know better than come here and ask for advise as to whether you need the help of a lawyer.

No sympathy from me.

I didn't see the OP asking for your or anybody elses sympathy, do you?

He is simply asking for advice not lectures but of course the TV brigade just can't help themselves

No sympathy whatsoever. This country, as do all countries have immigration laws in place. They are there for a reason. If you cannot abide by those immigration laws, then you are commiting an offence. In this case, an 8 year overstay. And you wonder why the Thai Government are getting stricter?

Even Cops I know can be sympathetic..

Why not just chill..

Relax

Righteously

Aloha

He was asking for advice, how does you post offer thus?

You forgot to add 'Self' next the righteously in your sign off ...utterly pointless waste of space....

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^ The immigration department is there to protect the labour market, the rest of it is just making sure that the purpose of the visit is not for working illegally (i.e. you have money to support yourself, you are coming for investment purposes etc.).

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^ The immigration department is there to protect the labour market, the rest of it is just making sure that the purpose of the visit is not for working illegally (i.e. you have money to support yourself, you are coming for investment purposes etc.).

I think you are confusing the immigration department and the labor department. It is true that one of the criteria immigration is told to use in considering whether to deny entry is a well founded belief that the traveler is planning to work without a work permit. However, the remit of the immigration department is to enforce the immigration law, which only mentions the possibility of illegal workers in passing. If a company is suspected of employing foreign staff without work permits, the raid will be initiated by the labor department, not immigration. Immigration will only be involved if immigration laws are suspected of being broken.

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^ The immigration department is there to protect the labour market, the rest of it is just making sure that the purpose of the visit is not for working illegally (i.e. you have money to support yourself, you are coming for investment purposes etc.).

I think you are confusing the immigration department and the labor department. It is true that one of the criteria immigration is told to use in considering whether to deny entry is a well founded belief that the traveler is planning to work without a work permit. However, the remit of the immigration department is to enforce the immigration law, which only mentions the possibility of illegal workers in passing. If a company is suspected of employing foreign staff without work permits, the raid will be initiated by the labor department, not immigration. Immigration will only be involved if immigration laws are suspected of being broken.

Not really, labour departments responsibilities tend to be identifying which job markets have a need for foreign workers (shortage) where the salary paid is at or above market wages thus not depressing the existing pool of workers. This includes having a catalogue of labour and job descriptions and responsibilities -- i.e. labour classifications and labour supply/demand.

The immigration department is there really as the gatekeepers where they are letting the majority of people while protecting the local country - and there are two major responsibilities - making sure that people that are coming into work without proper approval are prevented and those with criminal intent are not allowed in. Any bureaucratic government organization is going to create a bunch of classifications and tests to try and as much as possible have a uniform way so that your average government worker can have certain guidelines to work from on who to let through the gate. To do this you step back and say - we have people coming for work - that needs labour approval (that there is a shortage) and immigration to make sure all the paperwork is in order etc. Immigration checking warrants to make sure criminals do not enter, and then they need a bunch of other classifications of groups (generalizing) other people that are to enter (and tests within each classification) that are not going to work, be a burden (and not a criminal). Without the classifications and tests within these classifications you have no standardized way for checking people on entry and bureaucrats will not be able to function. You will either end up with nothing being done (causing economic damage) or everyone being let in - all different between different ports of entry.

Good guys in, bad guys out -- where good guys are those that are a net benefit to the economy and bad guys out (those that will work illegally or be involved in criminal activity or a general burden on society).

Edited by bkkcanuck8
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Overstay of 8 years in Thailand? You should know better than come here and ask for advise as to whether you need the help of a lawyer.

No sympathy from me.

I didn't see the OP asking for your or anybody elses sympathy, do you?

He is simply asking for advice not lectures but of course the TV brigade just can't help themselves

Such people are looking for advice on how to get out of a bad situation they created for themselves by ignoring immigration law for many years. IMO none should be given, they created their own problems and expect the forum to show them the way out of illegal activity, which in all other areas is not allowed to be discussed.

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Such people are looking for advice on how to get out of a bad situation they created for themselves by ignoring immigration law for many years. IMO none should be given, they created their own problems and expect the forum to show them the way out of illegal activity, which in all other areas is not allowed to be discussed.

Common sense dictates that since the advice is on how to stop committing illegal activity, not how to start it, then we can discuss it. And by your logic you'd be promoting illegal activity as some people who don't receive advice would go deeper underground and stay on overstay.

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Overstay of 8 years in Thailand? You should know better than come here and ask for advise as to whether you need the help of a lawyer.

No sympathy from me.

I didn't see the OP asking for your or anybody elses sympathy, do you?

He is simply asking for advice not lectures but of course the TV brigade just can't help themselves

Such people are looking for advice on how to get out of a bad situation they created for themselves by ignoring immigration law for many years. IMO none should be given, they created their own problems and expect the forum to show them the way out of illegal activity, which in all other areas is not allowed to be discussed.

That is sort of a rather silly interpretation - which would make you a very bad lawyer.

Lawyers can give advice on how to legally resolve legal issues but are not allowed to give advice on how to break the law or advice that they are aware is going to be used to break the law (i.e. become an accomplice -- and will advise their clients of that if they suspect). I think that is the right balance to strike with regards to post here. If the OP is seeking advice on how to resolve his legal situation in a legal way to become legal (if possible) that is all that he needs. Any posts that are seeking advice that is being solicited to break the law would be against posting policies.

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Believe you need to contact your Embassy in China - they appear to cover Thailand and from Wiki reports it can take months to get a new passport even when you have one - hopefully they can provide paperwork for you to return to Cameroon faster than that.

Address: China, Beijing, Chaoyang, Sanlitun East 5th St, 三里屯东5街7号 邮政编码: 100600

Phone:+86 10 6532 1828

Thank you very much for the information. I will contact them first thing tomorrow . Seems like it's gonna be my last hope.
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So where's the OP then?

Gone I hope..reading some of these can really hurt in ur heart..all if a sudden someone attacks the OP, on page 11..

I thought the morality was settled last week!

Good luck to the OP

All lessons have been learned.

Aloha

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