Visa Long Long Overstay

**hazz** · 27-08-2015, 04:38 AM

Kudos for not saying 'a good friend of mine has overstayed'

This was about 3 years ago, so many things may have changed. But i did meet a chap in a similar mess to yourself, though many less years at the british embassy. from his experaince I would say that nobody can tell you wants going to happen because that is at the mercy of so many individuals at the embassy, immigration, the courts and the airline. if they all decide to make things easy for there's nothing to it and if one of them decided to make it hard, then its gets unpleasant real quick.

If you are a brit, the embassy isn't going to help you with money... your on your own. what they can do if they think your a 'deserving case' is intercede with immigration when you do not have quite enough money to buy the ticket and flight. by deserving, still having your passport is a major plus, if you don't they assume you sold it and that puts you quarry in the feckless category.

ij this chaps case they interceded with immigration and immigration decided on a fine he could pay after he bought his ticket home off them. he went down to immigration, paid for the ticket and was bailed until his court appearance the day before the flight.

on the day, he went to court, paid his fine and shipped to the IDC for the night. on the way the van stopped and they were let out for refreshments offered by the drivers (can of coke being 100B). When they got to the IDC they were all initially kelt in a meeting room for the night.... until senior officer came of site, for whom they were put into the IDC proper. A rather horrid, place you never want to be in, where the images are very interested in having your phone and cash should you have any.

you will be taken to the airport for your flight, you will be kept in a room until you are about to board the plane. the planes captain has to be asked if he will carry you, a conivted criminal being deported, he has the right to say no even when you ticket says yes... if your are european air india is popular, if you are african you might be waiting 5 years for a plane to take you home

The chap flew with air india, he did not get his travel documents until the last flight in the itinerary and when he arrived at the connecting airport. he was detained by the police and marched to his connecting flight .

at heathrow he was collected at the plane door by uk police, and taken though the tunnels of lhr. he was processed into the country and dumped on the curb Heathrow, to make his own way to where ever he needed to be.

As for blacklisting, he was not. but that was before they anointed the blacklisting rules for overstays.

Personally, I would suggest that you have a chat with your embassy and see what your options are. paying the fine at the airport and leaving is a much better option of going to court... but then with a 10 year overstay, they would probably have the option of running your day by sending your to court rather than the plane.

Best of luck and try not to do it again

**jamescollister** · 27-08-2015, 10:08 AM

Originally Posted by stroller

Originally Posted by jamescollister

As said don't know the rules in Cambo or Laos, but doubt they put an INTERPOL alert out for overstay in Thailand.

Of course it's no problem wandering around without visa or entry-stamp in either country - my mates in the pub said.

OP has been wandering around Thailand without a visa for 10 years.

**Seekingasylum** · 27-08-2015, 01:47 PM

The chap is somewhat optimistic in hoping to find certainty where none can exist.

One can only act according to the options and taking a position.

If it were me, I'd check in for my flight and proffer the fine at immigration but I would time it so as to make sure the departure was late evening, rather than a midday departure - immigration staff are no different to any others and I shouldn't think an immigration officer on the fag end of his shift or on a night shift would make more hassle for himself with extra paperwork if it could be avoided. In the end, the OP is going in the right direction and provided he has the dosh and a little more to spare ( a bonus for the immigration supervisor, if needs be ) he stands as good a chance as any to leave without the IDC/Court/Deportation factors entering the equation.

Ten years without leaving the LoS? I don't think I could bear the prospect.

**Dillinger** · 27-08-2015, 01:54 PM

Disappointed with that theGent

I was rather hoping for a longer version of Nige's broadside, but with bigger words. I even opened another tab for the dictionary.

Do you mind trying again old chap?

**can123** · 27-08-2015, 02:20 PM

Originally Posted by Seekingasylum

If it were me

... the rest of us would be eternally grateful.

**Phuketrichard** · 27-08-2015, 05:28 PM

where did my post go concerning the new overstay rules?

i can understand u pulling the thai visa link but come on

there was also good info there.

ok
here without any link

The website of the Immigration Bureau in Bangkok has today (22nd July 2014) posted a new announcement regarding its rules for overstay.

The aliens who violate The Immigration Act, B.E.2522 by overstaying more than 90 days in the Kingdom of Thailand will be forbidden from re-entering the kingdom for a certain period of time as follow ;

Overstay more than 90 days forbidden 1 year
Overstay more than 1 year forbidden 3 years
Overstay more than 3 years forbidden 5 years
Overstay more than 5 years forbidden 10 years

In the case that alien is being apprehended
Overstay less than 1 year forbidden 5 years
Overstay more than 1 years forbidden 10 years

**Iceman123** · 27-08-2015, 06:16 PM

Originally Posted by nigelandjan

Originally Posted by cdnski12

He's giving the Brit Expat Community a bad reputation.

Thats exactly my take on it !

I hope he gets everything thats coming to him

Its because of dicks like this the rest of us have to jump through all those stupid poxy hoops + hurdles .

and don't give me any of that old a bit harsh no sympathy bollox because I haven't

Denatu would like to extend his thanks and appreciation to you Nigel, for taking time away from your important duties at The Samaritans, to help him in his hour of need.

**Dillinger** · 27-08-2015, 06:33 PM

If he gets his order in quick, we could get him a nice signed and framed landscape of Phuket for his jail cell

**Denatu** · 27-08-2015, 09:43 PM

@toddaniels - spoke with your contact, he offered a practical route which meets criteria of affordability, plannability, certainty. Many thanks for your help mate.

**Topper** · 27-08-2015, 09:45 PM

Originally Posted by Denatu

spoke with your contact, he offered a practical route which meets criteria of affordability, plannability, certainty. Many thanks for your help mate.

What's the route?

**Gerbil** · 27-08-2015, 10:37 PM

^ I suspect the letters MV will be involved....

**piwanoi** · 28-08-2015, 04:03 AM

Originally Posted by CSFFan

And I agree with those saying to turn yourself in is incredibly stupid. Never involve the cops or courts if you don't have to. I know from personal experience.

Go to airport with 20K in hand, get on your flight and that's that.

In Mar of this year A good mate of mine who had overstayed for well nigh 3 years flew back to England , he just presented himself at the airport with his flight details and told them he had overstayed ,they took him to a little Office and he coughed up 20,000 baht and caught his flight home no probs , I phoned him up the next day to see how he went on and he said that the Immigration were laughing and joking with him calling him a naughty boy and that was about it

**BaitongBoy** · 28-08-2015, 05:10 AM

Originally Posted by Bettyboo

That's because nobody knows - Thai officialdom is rather erratic

I hope Denatu does come back and let us know what happened...Can he get access to TeakDoor from jail?...Heh...

Speaking of erratic, I heard one guy was bent over the x-ray conveyor in full view of the public and branded on his ass with a stamp of Popeye smoking his spinach through a corncob pipe...Other than that, he just paid the 20,000 and went on his way...

I thought it was kind of weird...Only 'cause Popeye's eyes were red and it said gunja on his tin...

Hope this helps, Denatu...Poor fook had to stand all the way home...

**toddaniels** · 28-08-2015, 07:47 AM

Originally Posted by Phuketrichard

where did my post go concerning the new overstay rules?

THERE ARE NO NEW OVERSTAY RULES.

Phuketrichard; a day late and a dollar short there aren't you? I took this pic of the giant signage they have at entry door to Thai Immigration at Chaengwattana on July 22, 2014, and the form we sign acknowledging these imaginary overstay penalties a good while back.

The reason I say imaginary is; in order to change overstay rules it takes changing the actual LAW, instead of how they change immigration rules via a Police Order.

The proposed changes have to be written down, debated on, re-rewritten into a law voted on by the house/senate (or what ever they call the thai parliament), then the Prime Minister would have to sign it, then it'd have to be published in the Royal Gazette, and then 30 days after all that it'd be law. It's NOT as easy as some wing-nut at immigrations with more power than brains thinking up a policy change..

At this time there has been NO change to the overstay rules.. It's 500 baht a day, it caps out at 40 days = 20k baht. If you stay 40 days or 40 years there is NO penalty other than the monetary fine to clear it yourself.

Now as I've said over and over, it's NOT being on overstay or clearing an overstay at the airport when you fly out which causes a problems. It's getting running amuck and getting caught out inside the country for something totally un-related and then being found out to be on overstay which runs people off the rails..

**piwanoi** · 28-08-2015, 08:16 AM

^ I do recall that there was talk about changing the overstay rules about a year ago , but that,s all it amounted to, talk , and of course what you write in your post is quite correct in every detail .

**Dead Metal** · 29-08-2015, 12:31 AM

Earlier this year I was on a 3 month stay. On arriving handed my return ticket and passport. He stamped the passport and no I didn't look.
On arriving for my return was informed that I had overstayed by 4 days !
The twat had dated my exit for 4 days before my return ticket date ?
My Thai visa for the 3 months was still valid for another 2 days on top of this 4 days ? Didn't stop them charging 2000BHT for the privilege .

**BobR** · 29-08-2015, 08:35 AM

I know I always say this, but if you can afford it, why not contact a competent Thai lawyer for current and expert advice?

As we all know, very often in Thailand what the laws say and what's actually done can be quite different, and a well practiced lawyer would know how these are currently handled on a daily basis in the real Thai World.

He or she might also be able to negotiate you a deal before you turn yourself in. Also, since different offices of Immigration tend to handle the same matters in different ways (male up their own policies) there may be exit points and airports that are better to use and some that should definitely be avoided.

**Seekingasylum** · 29-08-2015, 10:32 AM

Originally Posted by BaitongBoy

Originally Posted by Bettyboo

That's because nobody knows - Thai officialdom is rather erratic

I hope Denatu does come back and let us know what happened...Can he get access to TeakDoor from jail?...Heh...

Speaking of erratic, I heard one guy was bent over the x-ray conveyor in full view of the public and branded on his ass with a stamp of Popeye smoking his spinach through a corncob pipe...Other than that, he just paid the 20,000 and went on his way...

I thought it was kind of weird...Only 'cause Popeye's eyes were red and it said gunja on his tin...

Hope this helps, Denatu...Poor fook had to stand all the way home...

Jesus, you are one lame - assed prick.

**Denatu** · 29-08-2015, 11:59 AM

Let me conclude. The route options as I saw it before posting were:

1. 20k at airport. The simplest but far from certain. You are at the mercy of the official who, depending on the mood of the country and individual, may send you to IDC-court. In that case the airfare is lost or cost increased if changeable ticket. With bombing, military rule, immigration banging drums about getting tought etc. the is fair probability the current climate is unfavourable. People who suggested this route ignore length of overstay. Many here said throw the book at him and it only needs airport immigration to share their view and this route is stymied.

2. 20k at immigration Bangkok and 1 week extension visa. This offers the advanatage of no IDC and a week to book ticket then leave without hassle. Potential problem is that there may be higher chance of them sending to IDC-court since no ticket (at that time) and not in the process of leaving like at airport. If a lawyer, embassy oficial "facilitator" hand held then this may be route.

3. Visa run at soft border. But what is the soft border. Risk of headhunting police catching en route. Would be okay if a service was offered with officials playing ball.

4. Illegal exit of country. Similar to above but problem then comes in exiting third countary. Okay if there is a known route and contacts involved but without that its stumbling in the dark,

5. Turn into police-IDC and go court. This is sure route and fines far less than 20k. Difficult to guage times involved which makes booking ticket in advance risky in order not to miss flight. And clearly minimum time in IDC preferred. This was focus of my OP question. I was hoping somebody knew the process & times involved or lawyer.facilitator who could advise and assist.

(@ BobR - yes but then the question is who is a competent and affordable lawyer who knows his onions, or in this case mangoes)

toddaniels came up trumps on route 5 by putting me in touch with his contact. The contact has connections at immigration who offer a "12 hour service".

a) inform flight date. Flight must be direct with Thai or home country national carrier. Flight must be to home country.
b) send copy passport front page in advance so can check no warrants outstanding.
c) report police 8am and taken to court 9am. Court is a fast 5 minute hassle free process. Fine will be minimum.
d) Same day escort airport and through immigration. (no handcuffs, no blacklist, no jail)

Cost for the service with fine is 15k all inclusive. I'll update this thread from UK with findings and results.

Blue Peter badge for toddaniels. Thanks to those who tried to help. And to those wishing I'd burn in hellhole jail, console yourself with the knowledge I'll be freezing my nuts off in UK. Thais overstaying visas abroad is not uncommon. Some here take a righteous indignant attitude to cases like mine. Would be interesting to put their lives under scrutiny. let him without sin cast ...

FYI - The reason in my case is that I plnned to leave before the 40 day overstay but something came up (or failed to). Once past the 20k my thinking was that the 20k (ie 40 days) was no longer applicable, it had become an offence. Like parking the car beyond the excess fine limit on the meter. How long are you clamped for ? The question then was how to get back on the right side of the law. There was no official information readily available on the net. Yes can ask a lawyer but my faith in lawyers is not high. There are 'facilitators' who could waive magic wands to make the problem disappear but there is risk of scam. Unable to find answers I procrastinated thinking I'll come back to the matter later. The changing official mood in Thailand with regard to tolerance for overstay prompts me to now address the issue. Ignorance is no excuse but it is a reason.

**Iceman123** · 29-08-2015, 12:05 PM

Great post, all logically the explained. Good luck!

**Seekingasylum** · 29-08-2015, 12:13 PM

Denatu, your literacy and apparent sound reasoning skills suggest an intelligence and education which I cannot easily reconcile with your immigration breach.

Without wishing to pry unduly, I'm quite curious as to how you managed to sustain yourself during your long sojourn here?

**Denatu** · 29-08-2015, 05:04 PM

@Seekingasylum - Yes I am eddicated and can write proper. The nature of my professi (contol systems) means I tend to look at what can go wrong and cover all bases to prevent or minimize the possibility of it happening. I worked in export then freelance software development. Later I started a company providing management systems services. Don't want to be more specific but that's a generic.

As explained the original breach was far from intentional. The best-laid plans of mice and men often go awry Continued breach was due to not knowling how best to tesolve and procrastination combined with the mai pen lai mindset one can easily slip into here.

Your premise that intelligence equates to compliance is moot. How many people submit late tax returns, miss flights, get parking tickets or even forget anniversaries. I guess the righteous here never do.

PS - I was going to explain procrastination but on reflection I'll leave that till next time.

**Stinky** · 29-08-2015, 05:16 PM

Originally Posted by Denatu

@Seekingasylum - Yes I am eddicated and can write proper. The nature of my professi (contol systems) means I tend to look at what can go wrong and cover all bases to prevent or minimize the possibility of it happening.

Which would explain why you've lived as an illigal immigrant for over a decade and are now shitting kittens over the prospect of spending time in a Thai prison.

**Dillinger** · 29-08-2015, 05:17 PM

Originally Posted by Denatu

How many people submit late tax returns, miss flights, get parking tickets or even forget anniversaries

By a decade ?

Tell that to the judge

**Seekingasylum** · 29-08-2015, 05:21 PM

Gosh, I didn't intend to imply any criticism although you have evidently inferred it. I'm just surprised you were able to manage so long whilst remaining illegally. Messing around with bank accounts, renting places, booking into hotels, hiring cars and even going to a hospital inevitably involves the production of a passport at some point, according to my experience, so I was rather impressed that you managed to function for so long without evident mishap.

Remaining here for 10 years without venturing out is in itself no mean achievement and I must salute your fortitude.

Are you an eccentric?

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