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A question regarding being banned for overstay??


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While I was having my visa renewed today in a regional Immigration Office, a gentleman in front of me was informed that he had overstayed his visa by 5 months.  From what I could understand he had a 12 month visa or extension but had left and then re-entered the country without bothering with a re-entry permit thus voiding his visa/extension.  When he returned to Thailand he was issued a visa on arrival but said he thought his original visa/extension was still valid.  Because of his overstay he was told he would have to pay 20,000 baht fine plus leave the country and not return within 12 months.  What I am curious about is the officer telling him he could not go to a neighbouring country, such as Laos or Cambodia etc, but must return home to Europe?  From what I could understand he said it is not Thailand stopping him from entering Laos or Cambodia but these other neighbours due to the fact he had broken Immigration laws here.  Is this correct?

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22 minutes ago, ThaiFelix said:

What I am curious about is the officer telling him he could not go to a neighbouring country, such as Laos or Cambodia etc, but must return home to Europe? 

Being banned from Thailand for a year might cause someone problems entering any other country. I think it’s ‘might be denied entry’ rather than “could not go”.

 

They wouldn’t be allowed to exit/cross by land border. Laos airlines have been reported as not allowing people to fly.

 

If the person is escorted to the airport they will almost certainly by forced to buy a ticket to their home country.

Edited by elviajero
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26 minutes ago, ThaiFelix said:

What I am curious about is the officer telling him he could not go to a neighbouring country, such as Laos or Cambodia etc, but must return home to Europe?

He could have problems traveling to Laos by air.

To Cambodia and Malaysia it should not be a problem by air. Since he will not have a deportation stamp.

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Ok thanks for that.  I didnt realise you could have problems in other countries due to you breaking immigration laws in Thailand.  No talk of deportation today, they just told him he had to go home and within two days, plus fine of course.  Feel sorry for his wife, dont know how she will get on because he "said" he didnt have any money, not even for his own air fare.

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1 hour ago, ubonjoe said:

What do mean by that.

He would still be fined and banned for a year from entering the country on departure from the country.

Flight to KUL, flight to Philippines or wherever else.

If he hasn't been arrested and escorted to the plane and deported, he won't have a problem elsewhere.

Certainly not in PI.

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The missing part from the OP's post is, was the guy allowed to leave the office after the conversation or was he 'escorted/taken' somewhere.

If he was allowed to leave then what happens when he turns up at the airport with the overstay still in his passport and how long was his overstay?

Edit.

Just noticed 5 months overstay.

Edited by overherebc
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So it appears he was allowed to leave the office and told to go to the airport with a ticket to his own country.

If he turns up at the airport with a ticket to somewhere else as EVJ says it looks like banged up in the airport until he gets a ticket home and a 12 month ban on re-entry.

Maybe IDC is full.

Edited by overherebc
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8 minutes ago, overherebc said:

The missing part from the OP's post is, was the guy allowed to leave the office after the conversation or was he 'escorted/taken' somewhere.

If he was allowed to leave then what happens when he turns up at the airport with the overstay still in his passport and how long was his overstay?

 

He was allowed to leave the office.  I gathered from the conversation he came to the office to extend the visa he thought he still had.  The officer, after checking his passport, noticed he was on overstay to which the guy pleaded ignorance, saying he had never heard of a re-entry permit.     I imagine that because he wasnt actually "caught" on overstay but came to the office voluntarily he was allowed to leave but was warned that he must pay the fine and leave the country within two days.  I believe he had to pay the fine at the airport on his way out.

 

How long was his overstay?  The first sentence in my original post states 5 months.  He says he came back into the country in September.  He reckoned the Imm. Officer upon his arrival never said anything about his 12 month visa being void because he had no re-entry permit, he never noticed the 30 days visa on arrival stamps in his passport nor was he advised he was overstayed when he did his 90 day reports???  

 

The immigration officer was very sympathetic and patient spending well over an hour explaining the situation because the guy could barely speak any English and did not understand any Thai.

 

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6 minutes ago, ThaiFelix said:

He was allowed to leave the office.  I gathered from the conversation he came to the office to extend the visa he thought he still had.  The officer, after checking his passport, noticed he was on overstay to which the guy pleaded ignorance, saying he had never heard of a re-entry permit.     I imagine that because he wasnt actually "caught" on overstay but came to the office voluntarily he was allowed to leave but was warned that he must pay the fine and leave the country within two days.  I believe he had to pay the fine at the airport on his way out.

 

How long was his overstay?  The first sentence in my original post states 5 months.  He says he came back into the country in September.  He reckoned the Imm. Officer upon his arrival never said anything about his 12 month visa being void because he had no re-entry permit, he never noticed the 30 days visa on arrival stamps in his passport nor was he advised he was overstayed when he did his 90 day reports???  

 

The immigration officer was very sympathetic and patient spending well over an hour explaining the situation because the guy could barely speak any English and did not understand any Thai.

 

I did edit about the 5 months.

Hope the IO at the airport is as understanding.

Still reckon he's got to go home.

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3 minutes ago, overherebc said:

I did edit about the 5 months.

Hope the IO at the airport is as understanding.

Still reckon he's got to go home.

Sorry you must have been editing while I was writing.

Last I heard he was talking about going to Imm head office in Bangkok to argue the case but I think you are correct....he's going home.

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He will need to leave Thailand, paying the fine and receiving the one-year blacklisting from returning to Thailand. He is not being deported, so there is no rule that airlines or countries he flies to be informed in advance. It is probable that he would be prevented from checking in for a flight to Laos, but checking in to go elsewhere should not be a problem. On arrival at his destination (if not his home country) the immigration of that third country could decide to deny him entry based on seeing the stamps documenting his overstay and blacklisting. In most cases, though, as long as he is compliant with the rules for entry,, that country will admit him normally. The question is whether he would be in a position to stay there for a year while waiting for his ban from Thailand to expire. I would guess going to home country would actually be the most practical solution the majority of the time.

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9 hours ago, BritTim said:

He will need to leave Thailand, paying the fine and receiving the one-year blacklisting from returning to Thailand. He is not being deported, so there is no rule that airlines or countries he flies to be informed in advance. It is probable that he would be prevented from checking in for a flight to Laos, but checking in to go elsewhere should not be a problem. On arrival at his destination (if not his home country) the immigration of that third country could decide to deny him entry based on seeing the stamps documenting his overstay and blacklisting. In most cases, though, as long as he is compliant with the rules for entry,, that country will admit him normally. The question is whether he would be in a position to stay there for a year while waiting for his ban from Thailand to expire. I would guess going to home country would actually be the most practical solution the majority of the time.

He is indeed being deported for overstay and therefore must return to his native country on the flight out.

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10 hours ago, overherebc said:

So it appears he was allowed to leave the office and told to go to the airport with a ticket to his own country.

If he turns up at the airport with a ticket to somewhere else as EVJ says it looks like banged up in the airport until he gets a ticket home and a 12 month ban on re-entry.

He can show up at the airport with a ticket to anywhere.

Pay the overstay fine of 20k baht get banned for a year for an overstay of more than 90 day and then leave the country.

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5 minutes ago, bangkoken said:

He is indeed being deported for overstay and therefore must return to his native country on the flight out.

He has not been detained for an overstay so there is not deportation procedures involved.

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Sounds like the friend just made an unintentional mistake but unfortunately he'll have to live with the consequences; however, it continues to amaze me that some people don't bother to ever look at or read the stamps in their passport (either the red ink below an annual extension that tells you about the re-entry stamp...or the actual entry stamp listing your length of stay after you re-enter the country).  

Edited by CMBob
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15 hours ago, MaeJoMTB said:

Flight to KUL, flight to Philippines or wherever else.

If he hasn't been arrested and escorted to the plane and deported, he won't have a problem elsewhere.

Certainly not in PI.

At the moment he comes at immigration at the airport, he will get deported.

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3 minutes ago, FritsSikkink said:

At the moment he comes at immigration at the airport, he will get deported.

Wrong

He will not be deported since he will be voluntarily  reporting to departure immigration at the airport to pay his fine. 

Only those that are caught with an overstay are deported,

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7 minutes ago, FritsSikkink said:

At the moment he comes at immigration at the airport, he will get deported.

I also once went to the airport when on overstay, and guess what... i didn't get deported, just got a stamp because i overstayed and then was free to board my flight which could have been to anywhere ;)

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5 minutes ago, FritsSikkink said:

he will be banned though

But that is not the same as being deported. The ban will be for one year and is not the same type of banning that is given for a criminal offense.

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I was in immigration getting a re-entry stamp two days ago and the guy in front of me had overstayed.

The immigration gal said he would have to pay a fine and leave, he said he didn't have any money and could not pay.

They went back and forth for a while and then she told him to go to the Laos border crossing and he might be able to solve the problem.

She called her supervisor over, they talked and he got up and walked out. No one said a word. 

 

I was in Su-ngai Kolok, went to the crossing there on the river and saw people crossing with no visa by the boat loads.  I love that area and used to go yearly. Honestly if anyone was ever black listed,  it would be very easy to enter, and live their entire  life under the radar IMO.

 

Not that I would try it,  but I think no problem what so ever.

 

Edited by garyk
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11 minutes ago, FritsSikkink said:

he will be banned though

That was clearly stated in the OP.  However he wouldnt be deported if he showed up at the airport (as he did yesterday to the Imm office) within two days as instructed by immigration.  That is seen as voluntarily handing himself in.  However if he doesnt show up in two days and they have to go find him, or if somebody in authority happens to check his passport in the street and sees he is overstayed, that is not "voluntarily handing himself in" so he will be deported.

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