A word from the 'Overstayed Visa' Wise?

[whooliggen]

I'm married (18 years. That's for 18 years, not to an 18yr old). Proove monthly income via embassy confirmed letter. Every year we simply hand over the paperwork and eventually get another year in the passport.

But, I totally misjudged it this year and my visa actually ran out Oct 25, not in November as thought!

Yeah, I know I'm a moron etc etc, but with the ฿500/day overstay clock racking up frighteningly, I'd really appreciate any advice on the best and/or only course of action. Cheers in advance...

 

[ubonjoe]

You are certainly to late to try an apply for your extension after paying the fine for the over stay. They will do it a few days late but not 28 days.

The best thing to do now would be go out to a nearby embassy or consulate to get a single entry non-o visa and pay the fine on departure from the country. Then apply for a new extension during the last 30 days of the 90 day entry from the visa.

[sceadugenga]

Run to Vientiane, pay the overstay at the border.

 

I'm afraid you will have to start again.

If the police pull you over and check your passport you could be locked up.

 

 

[Lite Beer]

Leave by the airport and pay the fine.

Then get a Non Imm O Visa and return.

[whooliggen]

Cheers one & all.

Out of interest as it's been so long since I've done it, how/where do I apply for the Non Imm O visa? Thai embassy/consulate overseas, or on re-entry? Does/will the fact that I've had 18 years problem free visa wise, count for anything when applying?

Thanks again!

[ubonjoe]

22 minutes ago, whooliggen said:

Cheers one & all.

Out of interest as it's been so long since I've done it, how/where do I apply for the Non Imm O visa? Thai embassy/consulate overseas, or on re-entry? Does/will the fact that I've had 18 years problem free visa wise, count for anything when applying?

Thanks again!

You will have to go to a embassy or consulate to apply for it.

Easy to get. Just your marriage certificate and copies of you wife's house book registry and ID card.

Vientiane or Savannakhet Laos will issue it with no financial proof. Penang you would need to show 200k baht in the bank or proof of income.

[whooliggen]

Nice one, thanks!

 

Think the Laos option is the best one to embark on. Anyone have any idea how long the whole process will take from my front door to back again?

[ubonjoe]

9 minutes ago, whooliggen said:

Nice one, thanks!

 

Think the Laos option is the best one to embark on. Anyone have any idea how long the whole process will take from my front door to back again?

Vientiane will probably be the easiest location to travel to.

You apply for the morning of one day and pick up the next afternoon. Fee is 2000 baht.

Where will you be starting your trip from?

[whooliggen]

Lat Phrao

[ubonjoe]

1 minute ago, whooliggen said:

Lat Phrao

Air Asia has flights to Vientiane but their schedule would require 2 nights in Vientiane.

You can fly to Udon Thani and take a van to the bridge in Nong Khai from the airport. And then cross over to Vientiane. There are flights early enough to make it to the embassy consular section by 11:30 when they stop accepting  applications. Flights are available late enough to take after picking up your passport the next afternoon at 2 pm.

[whooliggen]

That's very cool info and just what I needed! Much appreciated.

 

Cheers indeed!

[bkkcanuck8]

2 hours ago, ubonjoe said:

Air Asia has flights to Vientiane but their schedule would require 2 nights in Vientiane.

You can fly to Udon Thani and take a van to the bridge in Nong Khai from the airport. And then cross over to Vientiane. There are flights early enough to make it to the embassy consular section by 11:30 when they stop accepting  applications. Flights are available late enough to take after picking up your passport the next afternoon at 2 pm.

 

In March they were turning away anyone traveling to Laos who was in an overstay position were they not -- I had not heard any rules changes.  The last I heard Laos Immigration was not allowing overstays entry and telling airlines it was a pre-boarding requirement check.

 

I would be worried about trying to cross a land border being rejected and being detained at a detention centre.

Edited November 22, 2016 by bkkcanuck8

[BritTim]

If you are going to Vientiane (reasonable) take the Nok Air fly-ride service that goes via Udon Thani. As @bkkcanuck8 has warned you, there are reports that Lao immigration has instructed airlines not to allow check in to people with overstay. There are also reports that you can clear somewhat long overstays at the bridge at Nong Khai. The fact that you have a ticket showing you are traveling to Vientiane may help if you are unlucky enough to be pulled over at a checkpoint (which is unlikely in the Nok Air van anyway).

 

If you go tomorrow,  you should be back in Bangkok Friday (Thursday if you are lucky).

[ubonjoe]

9 hours ago, bkkcanuck8 said:

In March they were turning away anyone traveling to Laos who was in an overstay position were they not -- I had not heard any rules changes.  

No recent reports of it still happening. Lao Airways was the one reported as doing it at that time.

 

7 hours ago, BritTim said:

If you are going to Vientiane (reasonable) take the Nok Air fly-ride service that goes via Udon Thani.

Their schedule is not good for being able to apply for the visa the same day you fly.

See: http://nokair.com/content/en/destinations/fly-n-ride/pakse.aspx

[paulbj2]

15 hours ago, ubonjoe said:

You will have to go to a embassy or consulate to apply for it.

Easy to get. Just your marriage certificate and copies of you wife's house book registry and ID card.

Vientiane or Savannakhet Laos will issue it with no financial proof. Penang you would need to show 200k baht in the bank or proof of income.

 

I recently applied for a non-O based on retirement at Vientiane and they did require proof of income and of bank deposit (I use part proof of income and part bank deposit). Also, a number of people on this forum have said in the past that Vientiane do not require a bank letter, only the pass book, but they did ask for the letter in my case; thankfully I had one with me.

 

Your case is not the same as mine as you are married to a Thai national but you might still want to take proof of income with you just in case.  

[IMA_FARANG]

Sad mistake.

That's why the expiration dates of entries and exits are stamped in your passport.

Extensions of stay  are stamped with expiration dates  for the same reason also.

It can happen to all of us.

Many years ago I had a 30 day overstay when I mistook June 10th for May 10th

The stamp was blurred and faded, but it still cost me the 20k  Baht fine.

 

 

[greenchair]

I would pop into the ombudsman office on the second floor of chaeng watana government office. 

Sometimes they can help in a special case like this. 

Especially since you have been married 18 years 

[Beats56]

I said this before. just put a gadget on your phone or pc and let it count down to the date. that way you know when to go to for the 90 day or the one year extension. easy.

 

[muzmurray]

1 hour ago, IMA_FARANG said:

Sad mistake.

That's why the expiration dates of entries and exits are stamped in your passport.

Extensions of stay  are stamped with expiration dates  for the same reason also.

It can happen to all of us.

Many years ago I had a 30 day overstay when I mistook June 10th for May 10th

The stamp was blurred and faded, but it still cost me the 20k  Baht fine.

 

 

 

A 30 day overstay would be 15k, not 20k. Either you were ripped off, or you are just making stuff up.

[whooliggen]

On 23 November 2016 at 11:06 AM, greenchair said:

I would pop into the ombudsman office on the second floor of chaeng watana government office. 

Sometimes they can help in a special case like this. 

Especially since you have been married 18 years 

 

Would that be the 2nd floor or the 5th floor?

I also suffer from epilepsy (part of the reason I twatted the dates) - do you think I should bring this up or best keep it quiet?

Thanks my friend.

[greenchair]

2 hours ago, whooliggen said:

 

Would that be the 2nd floor or the 5th floor?

I also suffer from epilepsy (part of the reason I twatted the dates) - do you think I should bring this up or best keep it quiet?

Thanks my friend.

 

I think it's the second or third floor. It's directly opposite the immigration section and up the stairs. 

They are so helpful. Or used to be anyway. 

I don't know what epilepsy has got to do with it. Perhaps you should not mention it. The main point is that you have been married 18 years and simply made a mistake. Take your marriage certificate with you. Or as some other posters suggested fly out and start again. 

But I thought there is a blacklist for overstay. You really need to fix this quite quickly. 

[BritTim]

6 hours ago, whooliggen said:

 

Would that be the 2nd floor or the 5th floor?

I also suffer from epilepsy (part of the reason I twatted the dates) - do you think I should bring this up or best keep it quiet?

Thanks my friend.

 

Do not tell them about any health issues unless you have documentary proof (you were in hospital, for instance) that they made you unable to travel/apply for the extension. It will not help your cause and may make you seem a less desirable Thai resident. Simply state that you were dozy, and the deadline completely slipped your mind.

[SamuiAxe]

On 25-11-2016 at 11:09 PM, greenchair said:

....But I thought there is a blacklist for overstay. You really need to fix this quite quickly. 

 

Please don't frighten the man unnecessary: Blacklisting start from 90 day's up. So in that respect he should be in the clear..

 

According to Ministry of Interior’s Order 1/2558 Regarding Classes of Aliens Ineligible for Admission to the Kingdom of Thailand

1. When entering the Kingdom of Thailand, please be mindful of the last day on your stay permit and DO NOT stay longer than the permitted date.
2. If you have already overstayed beyond the permitted date, you must leave the country before the order’s enforced date (20 March 2016).
3. If you have already overstayed beyond the permitted date and do not leave the country before the order’s enforced date (20 March 2016), you will be banned from re-entering the Kingdom of Thailand as shown in the details below:

   Alien Surrendered to Authorities:

   Alien Being Arrested and Prosecuted:

   1. An alien who overstays more than 90 days beyond his/her permitted date will be banned from re-entering the country for 1 year, starting from the departure date.
   2.  
   3. An alien who overstays more than 1 year beyond his/her permitted date will be banned from re-entering the country for 3 years, starting from the departure date.
   4.  
   5. An alien who overstays more than 3 years beyond his/her permitted date will be banned from re-entering the country for 5 years, starting from the departure date.
   6.  
   7. An alien who overstays more than 5 years beyond his/her permitted date will be banned from re-entering the country for 10 years, starting from the departure date.
   8.  
      1. An alien who is caught overstaying less than or exactly 1 year beyond his/her permitted date will be banned from re-entering the country for 5 years, starting from the departure date.
      2.  
      3. An alien who is caught overstaying more than 1 year beyond his/her permitted date will be banned from re-entering the country for 10 years, starting from the departure date.
4.  
5. 1. So yes, if he would be checked he will be in problems, but blacklisting should not be one of them if his overstay is less then 90 day's..
6.  
   1.  
   2. 1.  

Edited November 27, 2016 by SamuiAxe

[thaibreaker]

 

1 hour ago, SamuiAxe said:

 

Please don't frighten the man unnecessary: Blacklisting start from 90 day's up. So in that respect he should be in the clear..

 

According to Ministry of Interior’s Order 1/2558 Regarding Classes of Aliens Ineligible for Admission to the Kingdom of Thailand

1. When entering the Kingdom of Thailand, please be mindful of the last day on your stay permit and DO NOT stay longer than the permitted date.
2. If you have already overstayed beyond the permitted date, you must leave the country before the order’s enforced date (20 March 2016).
3. If you have already overstayed beyond the permitted date and do not leave the country before the order’s enforced date (20 March 2016), you will be banned from re-entering the Kingdom of Thailand as shown in the details below:

   Alien Surrendered to Authorities:

   Alien Being Arrested and Prosecuted:

   1. An alien who overstays more than 90 days beyond his/her permitted date will be banned from re-entering the country for 1 year, starting from the departure date.
   2.  
   3. An alien who overstays more than 1 year beyond his/her permitted date will be banned from re-entering the country for 3 years, starting from the departure date.
   4.  
   5. An alien who overstays more than 3 years beyond his/her permitted date will be banned from re-entering the country for 5 years, starting from the departure date.
   6.  
   7. An alien who overstays more than 5 years beyond his/her permitted date will be banned from re-entering the country for 10 years, starting from the departure date.
   8.  
      1. An alien who is caught overstaying less than or exactly 1 year beyond his/her permitted date will be banned from re-entering the country for 5 years, starting from the departure date.
      2.  
      3. An alien who is caught overstaying more than 1 year beyond his/her permitted date will be banned from re-entering the country for 10 years, starting from the departure date.
4.  
5. 1. So yes, if he would be checked he will be in problems, but blacklisting should not be one of them if his overstay is less then 90 day's..
6.  
   1.  
   2. 1.  

 

If you get caught and prosecuted, they sure can ban you for up to 5 years for an overstay of a month (not that I think they will do that in this case, as I believe they treat this case by case). 

You have your details mixed, both under the same column.

 

"An alien who is caught overstaying less than or exactly 1 year beyond his/her permitted date will be banned from re-entering the country for 5 years, starting from the departure date."

 

You have the 90 days grace period only if you dont get arrested, and pay your fine at the airport. It is not open for anyone to overstay 90 days, without the risk of being banned. The risk is always there, if you get arrested.

Edited November 27, 2016 by thaibreaker

[SamuiAxe]

Which is as far as I understand exactly what the good man want's to do, or maybe already did.. Besides, as you can read he's married for 18 years, has never ever had overstay, so the risk of getting blacklisted after 30 day's of overstay is IMHO close to zero.. 

 

It says also:

 

"Alien Being Arrested and Prosecuted:

1. An alien who overstays more than 90 days beyond his/her permitted date will be banned from re-entering the country for 1 year, starting from the departure date.

 

So even when you are arrested but have less than 90 days overstay the new law does not provide automatically in a blacklisting. Unless am indeed overseeing something, which is of course also possible.  In my honest opinion this man need not to fear to get blacklisted.. But then again, it is Thailand....

Edited November 27, 2016 by SamuiAxe

[thaibreaker]

1 hour ago, SamuiAxe said:

"Alien Being Arrested and Prosecuted:

1. An alien who overstays more than 90 days beyond his/her permitted date will be banned from re-entering the country for 1 year, starting from the departure date.

 

As I wrote, you have this mixed up.

This quote is from "Alien Surrendered to Authorities", and not from "Alien Being Arrested and Prosecuted.

 

Huge difference.

 

Under "Alien Being Arrested and Prosecuted.", you`ll find what I quoted, that is an overstay of less than a year, is punishable by a 5 years ban.

 

This has been brought up numerous times before.

 

But I agree with you, I dont think he would be banned that long if arrested. But he could certainly face a shorter ban, who knows.

Edited November 27, 2016 by thaibreaker

[SamuiAxe]

Thanks for enlightening me @thaibreaker It's easy to misinterpreted the rules, as I obviously did.....

Edited November 28, 2016 by SamuiAxe

[whooliggen]

Thank you all very much indeed, much appreciated info.

 

whereas the Ombudsman sounds interesting, the thought of being over 1 months overstay in the hub of those that deal with visa issues is kinda scary, no?

whats to stop them for letting their immigration colleagues know of my waywardness? Sorry, but no experience with an ombudsman office...

 

cheers again for taking the time out to help

[ubonjoe]

6 hours ago, whooliggen said:

Thank you all very much indeed, much appreciated info.

 

whereas the Ombudsman sounds interesting, the thought of being over 1 months overstay in the hub of those that deal with visa issues is kinda scary, no?

whats to stop them for letting their immigration colleagues know of my waywardness? Sorry, but no experience with an ombudsman office...

 

cheers again for taking the time out to help

You should of already left the country to get a new visa. A week has passed since you posted your topic which means the overstay fine has increased by 3500 baht.