Advice needed about an overstay situation

[efxg]

I have a friend, he wishes to remain nameless, sorry Colin , anyway he is in rather a pickle so to speak. His wife left him 10 months ago, took the truck, he says he doesn't care. She also left with a couple of hundred thousand baht, he says he doesn't care about that either. He just wants HIS TRUE LOVE back . His problem, as he told me is that his Visa has expired, about 9 months ago, seems as though he went looking for her, Pattaya, Phuket, Patong and I even think in BKK. Now his main concern is what does he do about his Visa? My suggestions were as follows, not that I know anything anyway

1) report Passport lost. get police report, go to the UK embassy and apply for new one. Once he gets the new one, go to BKK Immigration and get 30 day Visa, if they ask "What about you old Visa from Nong Khai", well just play DUMB, that shouldn't be that hard. Tell them the paperwork must have got lost somewhere.

2) tell the truth, your wife left you and you spent the last 10 months searching all over Thailand for her and you forgot about renewing your Visa, pay the 20,000 Baht and hope they don't deport you.

3) do as in suggestion 1, but instead of going to immigration, take your new Passport to the Airport, and hope that you can sneak into the Arrival area, get an Arrival Card and just pretent you and just coming into Thailand .

Well, those are my thoughts anyway. Any other less dubious suggestions I will pass onto him.

thanks

[BobHelm]

I think you are struggling with the "lost passport" idea.
A few years ago I had a mate who got caught on the "visa without leaving Thailand" from Visa Company scams. He eventually decided to go the "lost passport" route to clear the issues on his passport. Unfortunately you have to provide some sort of proof to the Embassy of the lost passport before they issue a new one. This proof will need to be shown to immigration when presenting the new passport. Everything is computerised. Immigration will know exactly when you entered the country on the old passport & when the visas expired. He had to pay 20,000 to leave the country.
I think he is stuffed with anything but the truth.... If he is in Udon area then I would suggest that he goes to Immigration (maybe gild the lily a bit like "wife took passport with her when she left and she has only just returned it to him") & be willing to pay the 20,000 & probably have to go to Laos to get a new double entry tourist visa.....

[Paul]

You have no option but to 'come clean'

The longer this continues the worse your friend is going to be.

He should tell them he got his dates mixed up and ask / beg for their help or advice on what he should do.
It would be helpful if he showed intent to leave Thailand as soon as possible

There are several options available to immigration officers for 'overstayers'

These include (but not limited to)
a fine (500 per day - max 20,000)
Deportation (and IMMEDIATE detention in the holding centre in Bkk pre-deportation)
Detention

Thailand immigration is well and truly computerised now and somewhere will be a record of his entry date and supposed exit date with the words 'overstay' flashing brightly

I once chatted with a Brit who had overstayed 2 years and couldn't stand it anymore so came clean.

The chat took place in Udon Prison (I was a visitor I should add)

[arjay]

I too would go with option 2 - tell the truth, and as soon as possible.

He could try and mitigate the situation a bit with something along the lines that his GF left and he thought she had taken it with her, or she had hidden it, and he has been trying to get it back.

[westerby]

Option 2 is the only one to go with, if he tries options 1 or 3, he'll be laughed out of Thailand - never to return.

Even Immigration Officers have a sense of humour.

[cali4995]

There are no options? Go to the airport, pay the 20k and depart. I kind of doubt there would
even be an interrogation as to "why"? You can't "get out of it" the computers have the old and
new passport #'s linked. When you go to immigration in BKK, they will replace the original
entry stamp that went in the old passport. Trying to be clever only gets you in serious trouble.

[trubrit]

My understanding on this. If he can get to the airport without being detained, he will be charged the 20k and allowed to depart. His passport will be endorsed accordingly. What affect this will have on future applications I do not have a clue.The problem of detention comes in if you are detained outside the airport. The possibility of being detained in jail, especially if its a weekend or holiday awaiting a court appearance are not to be under estimated. So get inside the departure lounge as fast as you can. Don't forget to leave plenty of boarding time before flight departure as it may take a few hours for officialdom to do the paperwork. Don't try any back door methods. Remember the airline is also going to do a thorough check on you, not just immigration. After all. They have to pay if your caught on their flight.
Good luck.

[jackspratt]

My understanding on this. If he can get to the airport without being detained, he will be charged the 20k and allowed to depart. His passport will be endorsed accordingly. What affect this will have on future applications I do not have a clue.The problem of detention comes in if you are detained outside the airport. The possibility of being detained in jail, especially if its a weekend or holiday awaiting a court appearance are not to be under estimated. So get inside the departure lounge as fast as you can. Don't forget to leave plenty of boarding time before flight departure as it may take a few hours for officialdom to do the paperwork. Don't try any back door methods. Remember the airline is also going to do a thorough check on you, not just immigration. After all. They have to pay if your caught on their flight.
Good luck.

Agree with above, except I doubt that an airline check-in chick is going to be too worried about your status in Thailand - they are only (or should be) interested in whether you have the correct documentation for your next port of call.

[trubrit]

[quote="trubrit"

Agree with above, except I doubt that an airline check-in chick is going to be too worried about your status in Thailand - they are only (or should be) interested in whether you have the correct documentation for your next port of call.

Yes logically one would assume that Mr Spratt but I don't have to remind you TIT. My personal experience on the only time I have ever overstayed. 14 days over because of hospitalisation. I was flying business class on Eva Air. I had re booked my flight on the phone. No problem. However at check in, the 'chick' called over her supervisor who refused to issue me a boarding pass, despite being shown a doctors certificate justifying my overstay.He got one of his sidekicks to accompany me to the immigration office, where I was questioned by a senior officer. This was a very pleasant man who, upon reading the letter from the hospital was prepared to let me go, without further payment. Mr Big Eva still refused to let me board, insisting the letter did not say" I was fit to travel"Only that I had been sick.LOL.
He was insisting I got a letter to say okay to travel. Well it was nearly midnight. Guess what? no Dr available until the next morning. The flight would be gone, next one two days later. The immigration officer suggested I offer the EVA man an "envelope" which I absolutely refused to do. The only other alternative to book on a different airline. He even checked Thai Air for me that my Drs letter would be acceptably. It was , so I flew back with them, claimed a refund from Eva which I got, but no apology. Never used Eva again.Just quoted that to justify my point. You also have to worry about the airline staff. Not just immigration.

[Bandung_Dero]

Buy a flight to Malaysia or where ever ASAP. Once the 20K is paid and the little red stamp is placed in the back of the passport then it's into the departure area, done and dusted. So long as he does not get abusive and remains humble there will be no problem and will be able to re enter at any time. The whole process only took me 15 minutes.

DO NOT go down the lost passport route.

[Zidane]

He's got no option but to come clean,pay the 20,000 baht fine and leave the country.
If he wants to come back I think its possible to get a Multi Entry Non-Immigrant O Visa from Kuala Lumpur which should last him up to 15 months if he wishes to return to Thailand.A flight out to Malaysia is probably his best option anyway.....he'll get a free 90 day visa there so time to plan what he wants to do in the future.
If he tries to be clever he'll just get found out and,quite possibly,a spell in jail.In a cell with 40 other inmates,open squat toilets,no toilet paper,food that is likely to give you the squits.....doesnt bear thinking about. :-&

[Aardvark]

From what I can gather from this thread, we have some twerp who roames the length and breadth of the country in search of some lowlife scheming little bitch and in the process through his tears forgets to do a visa run oh dear, what a tragic. My advice is pay the 20 grand and go home, and don't even think about coming back until he has grown up. Talk about someone who desperately needs to do a course at WBU

[Galee]

On my first ever visit to Thailand I went to Laos with some Thai friends and made the mistake of following them back into Thailand and not getting my Passport stamped. For some reason this wasn't picked up when I left Thailand, but was when I next returned.
Caused no end of problems for me and Etihad Airways. One of the first exams I passed at WBU.

[jimboLV]

Same thing happened to me. Went over to Laos with some Thai friends, got passport stamped as leaving Thailand, breezed back over the border without getting a reentry stamp. When I left Thailand, the officer caught it. I acted dumb, not hard for me, explained what happened, and he gave me a long lecture, telling me I was in Thailand illegally, etc., all with an irritated look on his face. Visions of a stay in a Thai prison and being permanently barred from the country danced through my head. Then with a disgusted look, he stamped my passport and said the cryptic words "this is the last time". I went on my way and was never happier to get on a flight. Haven't any any problems since.

By the way, what is this WBU I keep hearing mentioned?

[efxg]

thank Ye Wise Men of the Forum. I passed this along to my friend, I think he is somewhat relieved.
Aardvark, somewhat harsh, but I am in agreement. to an extent anyway . So, he is planning to go to Singapore I believe, stay there a while and return to LOS. Bandung_Dero, it seems as though this has happened to you. Get to Airport, have plane ticket, pay the 20,000 baht, get Red stamped in Passport, leave and then come back. That sound about right? I think by the time he leaves, he will have over-stayed his Visa by about a year, I think thats what he said. Is that going to be a problem? Or anything over the max. fine of 20,000 the same?

thanks Ye Wise Men =D>

[BobHelm]

Paul listed the most regular possible options above.
It depends who you catch in Immigration and on what day.
The minimum will be a 20,000 baht fine, because that is the maximum amount that can be fined for overstay. As well as this they may also stamp the passport as undesirable in Thailand - so no return
They could, also, actually incarcerate him well they actually decide what to do.
The last would be unusual if he was already at the airport with a ticket out of Thailand, but not impossible.

[Paul]

My understanding on this. If he can get to the airport without being detained, he will be charged the 20k and allowed to depart. His passport will be endorsed accordingly. What affect this will have on future applications I do not have a clue.The problem of detention comes in if you are detained outside the airport. The possibility of being detained in jail, especially if its a weekend or holiday awaiting a court appearance are not to be under estimated. So get inside the departure lounge as fast as you can. Don't forget to leave plenty of boarding time before flight departure as it may take a few hours for officialdom to do the paperwork. Don't try any back door methods. Remember the airline is also going to do a thorough check on you, not just immigration. After all. They have to pay if your caught on their flight.
Good luck.

Agree with above, except I doubt that an airline check-in chick is going to be too worried about your status in Thailand - they are only (or should be) interested in whether you have the correct documentation for your next port of call.

They may be or may not be 'worried' about your status in Thailand - but believe me - they check.
Only last month I left from Bkk and on checking in - was 'reminded' that my visa had expired and I was on overstay, and asked me if I was aware of that fact. I replied I was (I knew what I was doing) was allowed to proceed to immigration. This was at 5am in the morning and my visa had technically only expired 5 hours earlier - so yes, they do check.

[Paul]

If he wants to come back I think its possible to get a Multi Entry Non-Immigrant O Visa from Kuala Lumpur which should last him up to 15 months if he wishes to return to Thailand.

I wouldn't pen my hopes on that.
I believe that 1 year multi entry visas must be obtained in your home country. A neighboring country (i.e. Malaysia will not issue one) - But of course it depends on his status and type class applied for.
Even a simple tourist visa application must now be accompanied by an air ticket showing you are leaving when the tourist visa will expire.

But,
This thread is about how to get OUT of the country - not in.
As long as he gets out safely - he could return on any kind of visa (even the free 15/30 days stamp on arrival). This then lets him breathe a sigh of relief and then with a clear head = plan the next move to secure a longer term visa - assuming of course he wishes to come back !

[Bandung_Dero]

thank Ye Wise Men of the Forum. I passed this along to my friend, I think he is somewhat relieved.
Aardvark, somewhat harsh, but I am in agreement. to an extent anyway . So, he is planning to go to Singapore I believe, stay there a while and return to LOS. Bandung_Dero, it seems as though this has happened to you. Get to Airport, have plane ticket, pay the 20,000 baht, get Red stamped in Passport, leave and then come back. That sound about right? I think by the time he leaves, he will have over-stayed his Visa by about a year, I think thats what he said. Is that going to be a problem? Or anything over the max. fine of 20,000 the same?

thanks Ye Wise Men =D>

I replied to your PM. I was more specific about one case where the overstay was 521 days by a guy who many of us on this forum knew. Paid the 20K, little red stamp, and free to return. My overstay was only 4 days but the procedure was the same, I or should I say my company, paid 800 Baht (200 per day back then).

[fatbas***d]

I've overstayed a couple of times, last week by 20 days, small stamp, not red either, paid the OS thats it. I had a mate OSed for 7 yrs, just paid the 20 k when he left, no big deal.