Thread: Visa Long Long Overstay

Its an old chesnut asked many times but I'm looking for up to date info. I have overstayed my visa by 10 years or more. I plan on turning myself in and returning to UK. I plan going the court route as opposed to paying the 20k at immigration. The issue is one of timing. If I have a ticket and turn myself in too late I may miss the flight. If I give myself ample time (eg 1 week) then I spend longer in IDC which is clearly undesirable. And if I wait till court deportation order to get ticket then there may also be delay in getting flight asap given I obviously want cheapest flight.

The question is how to time it.

1. Who/where does one turn oneself in to. Can it be done at the court so as to get a hearing immediately.

2, How much is the court likely to fine me.

3. What is the time between handing myself in and court appearance then court judgement and free to travel.

4. Is it possible (I heard from fried in similar situation years ago) to pay tea money and get out of IDC then return to be escorted to airport.

5. Anybody know of cheap lawyer who can help arrange so time spent in IDC is a minimum. The ideal would be go court in morning and fly out that evening.

6. Does the embassy offer any help in these case like the lawyer in above point.

7. Any way to avoid being blacklisted.

I'm hoping for some definitive answers rather than "I would think" ones. Thanks in advance.

^
Nice info Todly, really good having your input.

Ta.

@toddaniels - Thanks for the helpful reply. I tried to reply to your pm but the system won't let me due to inadequate postcout. Strage I need posts for a reply. Regarding your responses.

2. Yes I've heard that figure oft quoted but the posts are old hence my quest for up to date info. It seems the fine is far less than the 20k so court is the route for me.

4. Its not bribing myself out of the situation. Lets say I go to court and my flight booked for 7 days later. I'd rather spend those 7 days at home then report back to IDC to be escorted to airport. A friend managed to do this but how I dont know.

5. YES YES YES. The all in the same day is what I;m hoping for but the question is HOW to plan it out - hence my post.

AND .. not sure you're right about the no blacklist. I think they introduced that last year.


@klong toey = the problem with paying at airport is firstly 20k is much more than court fine and secondly there is no guarantee they will let you fly. They could take you to IDC or court pending whatever then the flight is missed and flight cost lost. Its a big risk.

And I think you misunderstand the fina and prison time cost. Yes 200 Baht (or whatever) is deducted from the fine but for those able to pay the fine there is no need to stay in IDC just to work off the fine.

So your plan is go to court because the fine there is less than 20k.
Pay your dues then fly out on the day of your flight but stay at your home until then.

You have no visa even after paying your fine so will be on overstay once back home.
Don't think the judge will give you a 30 day visa stamp after settling up your big overstay.
My guess they will put you in IDC until deported.

Go to your embassy in Bangkok ask their advice which will be to hand your self in to immigration or at a police station.
Not sure about a lawyer would not be cheap if you hand yourself in who knows how long its going to be before your court case will come up.
To many unknowns to give precise advice.
If you do go to prison once the fine is paid off you will go to IDC until the day of your flight.
Unless release day from prison is the same day as your flight but my guess prison will take you to IDC and they will escort to to the airport check in,then will escort you onto the flight.
Your passport will be handed in to the purser on the aircraft along with some paper work.
Once you reach you intended destination passport is handed back.

Slightly off topic, but how can you overstay more than ten years? Passports are only good for ten years. If he had to renew his passport any time during that ten year period, surely the issuing agency will notice the overstay. Or, is his ppt also expired, in which case he's going nowhere fast.

Of course, we don't know his nationality. If he's a Yank, the above will be a problem. If a Brit, perhaps he might slide since I believe their passports are no longer done locally.

Just wondering.

^
Yep a bit more background would have made a more interesting topic/read.

Would be good to know if Denatu has any family ties that he may have to leave behind.

^^If he is a Brit just get a temporary travel passport only last the one trip cost £50?.
If you lose/chuck your passport on overstay Thai immigration might just decide your an illegal immigrant.

You're fokin mad if go to the court or police to hand yourself in unless you like being banged up, as others have said if have a valid passport just buy a ticket and head to the airport armed with 20k baht.

@klong toey - You seem to have problem understanding my post. My plan is to (1) turn myself in (2) go IDC - court - IDC (3) fly out. Clearly I want to minimize stay in IDC so I'm not going to book a flight for 30 days ahead and spend 30 days in IDC. BUT if I book a flight for say 3 days after I turn myself in and red tape means I miss the flight then its a problem. The key is therefore in knowing/minimizing the timeframes involved. IF it were possible for IDC to let me stay home and report back on departure day then that would be a solution since flight date could allow plenty of time for red tape, I ask this because a friend of mine managed to come to an arrangement whereby he reported back to IDC.

Of course judge does not give visa stamp. Hence me talking of tea money to IDC. And once its subject to court order visas are nothing to do with it.

I appreciate you are trying to help but I was hoping for solid information not guesswork.

@Davis Knowlron - I thought people could guess my nationality from "returning to UK". In the UK we can get passport renewals by mail.

@Iceman - Yes have family ties hence my question about blacklist. I plan to return hopeful with a clean slate. Think of it like a computer reboot to resolve problems.

@buriram boy - Immigration is a branch of police so what makes you think they are easier than IDC court. Yes airport would be an option were my overstay not so lengthy. But immigration could decide to hold me or send me to IDC in which case I lose flight cost. I appreciate your 2 cents but its not reallly an informed opinion is it.

Denatu - If you're being deported, all you have to do is show the immi guys your ticket, they'll call the airline and you're out on the first available seat on that airline. They don't want to keep you any longer than they have to.

No, Denatu, you need to time your flight out and the whole go to court thingy so you don't have "free time".. They ain't gonna let you go home, hang out until your flight and then fly out. It don't work that way..

While I don't agree with what klong toey said earlier they are correct, that IF you have a ticket out and show up at Suvarnabhumi, clear the 20K baht overstay, you'll certainly be able to fly out without a problem.

I just had a foreigner clear an 5+ year overstay not two weeks ago, he flew back to Sweden no problem, got a tourist visa and came back a week later..

Once you clear the overstay, it's true you have no extension but it's just like being stamped out of thailand if you leave on time.. From the time you pass passport control until you get on your plane you are visa/extension-less because you've been stamped outta the country.

Having an overstay is not unique at all. There are TONZ of people here on them on any given day, and some live here for years and years.. What causes the "wrench in the gears" is getting caught out for some b/s other thing. Like a fight with your significant other where the police come, being stopped at a check point, wandering home half drunk, or other run-amuck stupid assed stuff.. That's when you really have to grease the wheels to get out of the jam you made for yourself.

I also concur with klong toey, I believe it is highly unlikely (as in ain't gonna happen) that a judge will give you any time between when you go to court, get fined, get the paperwork processed and get taken to the airport. You either time it right or you sit in IDC waiting for the flight..

Again, that's why timing is the key to getting thru the system and spending a minimal amount of time in IDC..<- and there is NO way around that at all..

Although I do know someone who saw the judge, got fined, got the paperwork, went to IDC, used his mobile phone and internet, got food delivered and then was taken to the airport to fly out and they did it in a single day. I think he spent 3-4 hours total in IDC.

The black-listing I'm not sure on, because I think turning yourself in going thru the system voluntarily and getting caught out and being forced thru the system are two different things entirely.. Again, I'm NOT the go-to guy on this.

Davis Knowlton; when you renew an American passport here in Bangkok they don't care OR even look in your current (soon to expire) passport for a valid visa for thailand. That's not their job and possibly way above their pay grade too. An acquaintance currently on overstay, just picked up his brand spanking new American passport last week.. No questions, no problems, no nothing.. The ACS division of the US embassy here ain't affiliated with thai immigrations...

Don't know if this would work, but people do skip the country to Cambo and Lao, an official/unoffical crossing near me. No passport required, just walk over to the market [Lao] Fly out of Lao, or Cambodia, when returning to Thailand, play dumb, say you left years ago.
Chong Mek and other crossing only got computerized a few years back, pick one, say you left there, departure cards get lost, no compute record.

Question would be, how hard to leave Cambo or Lao without an arrival visa, seems lots of farangs wanted by police leave that way.

@CSF Fan - I dont understand your post. IF I have a ticket and flight date how can they put me on first available flight. My flight is flight date on my ticket. Maybe you mean dont book a ticket, let IDC book a flight and just pay the money but they may not get best deal on flight prices. And if the cheaper flight is lets say next week I have to stay at IDC till then.

You like most others here have totally missed the point. The question is if I book a flight what is the latest I can turn myself without risking missing the flight. Clearly I could give ample time - lets say 1 week - but that means longer in IDC. Alternatively if I turn myself in the day before the flight and there is red tape and court schedule then I miss the flight and lose the cost of the fare.

Just do it the easy way 20k at the airport.

What i don't understand is if you have the cash why do it the way you mention.

Originally Posted by Denatu

The question is if I book a flight what is the latest I can turn myself without risking missing the flight.

Only Thai authorities can answer that question if you want to do it your way turn yourself in see what happens then book the flight.
No problem with missing your flight then.

@jamescollister - Yes I considered that option but the problem is nobody seems to know for sure. Even you, you live next to the border but you say "Don't know if this would work". The danger in that option is if you get caught before leaving then its a lot more serious and costly than turning oneself in volounarily. And officials near the border may well be headhunters on the lookout for farangs to check visa and if not in order collect their bounty !!
I want to returrn to UK anyway but a solution like yours would then allow me to book flight and leave without visa problems.
This is precisely why I posted. I am hoping somebody knows not guesses. I've looked at old posts on same subject but all come down to "I guess" or "maybe". Appreciate your trying to help though.

Originally Posted by klong toey

Only Thai authorities can answer that question if you want to do it your way turn yourself in see what happens then book the flight.
No problem with missing your flight then.

I was hoping somebody here may know. I'll ask a lawyer and hopefully they will know. Then I'll post here and you will know also. Yes I appreciate that booking flight after court is an option but that may mean more time in iDC till flight date or more cost getting earlier available booking.

Originally Posted by Denatu

IF I have a ticket and flight date how can they put me on first available flight.

The airlines help out by giving the next available empty seat to those deported. You've paid for a seat and the airline is helping out the system here and a valuable customer like yourself by giving you the means to leave quickly as possible.

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.

Originally Posted by klong toey

Just do it the easy way 20k at the airport.. What i don't understand is if you have the cash why do it the way you mention.

At present I am explorig options and to do that one needs accurate information. I have read that this route can involve risk. Airport immigration could send you to IDC/court. If you knew for sure then fair enough but you don't. You're assuming. I don't want to base my plans on an assumption.

And if court fine is 3k I'd rather a night in IDC and save 17k,

Originally Posted by Denatu

And if court fine is 3k I'd rather a night in IDC and save 17k,

Or conversely, you get hit with expenses like room, board, court costs, bribes to move your case to the top of the list, etc, etc.

Originally Posted by toddaniels

klong toey; I'm calling b/s on what you just spouted.. NOT all that up on how overstay fines and stuff thru the court system works are you?? I've seen people with years of overstay go thru the system and get the overstay fine waived and be fined under 5K baht at the court before being taken to the airport to fly out.. Now i think there's an 800baht 'we take you to the airport' fee also but it sure as hell ain't the 20K baht overstay fine. Nor do the languish in IDC working off the overstay fine. Not that something like that hasn't happened but it's certainly NOT the rule that's followed. In addition to any other type of monger you may be, you are a scare monger!!!

1-NOPE you can't turn yourself in at the court, you'd do that at IDC I believe.
2-WAY less than the actual overstay penalty (I've seen fines as low as 3k baht)
3-Once you start the process you ain't gonna be "free to travel", you're gonna be waiting to see the judge, get fined, get deported, get held until your taken to the airport to fly out.
4-Dunno, why would you wanna bribe your way out of a situation you can get out of legally.
5-Nope, don't know a single "cheap lawyer", but I know you can be seen, be fined, be held then taken to the airport to fly out all in the same day, IF you plan it out.
6-Doubtful
7-Unknown
Those were as definite as I know, but the P/M I sent you is for a guy who does this type of stuff day in/day out and is a stand up guy..

Good Luck

O/P if you do have the 20K baht overstay fine, just buy a ticket and fly out. At present there's no black-list, banning sort of penalty for overstay other than the fine and the blurry stamp they put in your passport. You could fly back in later that day without problem..

Sound advice, Todly...
OT [even 10 years] policies still remain rather straight forward and pragmatic - that's if you have the cash readily on hand.
Maximum fines have not deterred over the years, as well.

Never ever proceed through the proper immigration/court system - being more expensive and headache.

Just go through Swampy immigration/passport control as one would do normally.
They are very business like - take you aside and you pay your fine - you're on your way......30 minutes tops. [no black listing - unless criminal associated]

You're fishin' for answers that the people on this forum just don't fucking have. Even what I know is sketchy at best and the rest of the tripe on this thread is nothing but conjecture, speculation and pissin' in the wind.

Now this may seem like a stupid question but why did you not contact the person I suggested you to contact? Having just gotten off the phone with him and having emailed him this link so he can read your plight, I'd say he's the person to at least talk to. He deals with foreigners from all nationalities routinely with this situation. He's not some shady fly by night wink-n-nod, say-no-more person.

One thing I did find out is; IF you're goin' thru the system; as in turning yourself in signing the pink paper at IDC, going to court, getting fined, getting deported, flying out, you MUST use British Airways (because currently they're the only carrier to the UK which can't refuse deportees from England). You can't just buy any old, lay over here, lay over there, ticket.. The Thai Immigration office stopped that a few years ago when a Brit being deported back to the UK got off the plane during a lay over in india, and pulled a runner.

Sorry to say Denatu, I'm finished with this one. You got the contact of someone who can, if not sort you out, point you in the direction to get sorted.. That you've not done it is on you...

thaimeme; actually turning yourself in and going thru the system is NOT fraught with peril but if you don't time it right it is a fuck up as you camp in IDC until you leave.. Not to mention you're officially "deported". Now if you just show up at Suvarnabhumo and fly out you're just fined, "stamped as an overstay" and sent on your way.

One last warning; according to a source, the British Embassy is telling people flying out on overstay who intend to clear it at the airport there is a 50250 chance of you getting out with just the fine.. I personally haven't seen anyone be hassled and I've held the hands of quite a few foreigners who wanted someone to go with them to the airport and get them thru. BUT, if you get an officer with a bee in his bonnet, who knows..

That's all I'm gonna say about that... <- quote from Forrest Gump..