Jump to content

Elite visa status during a legal tussle


Recommended Posts

I've read on here of Elite visa being cancelled after someone gets accused -- not convicted -- of a crime.

 

Do they typically get re-instated if the person is let off? If not, the ease of Elite visa cancellation without recourse seems like quite a fragile situation. Anyone who doesn't like you could report you for anything and potentially have you deported.

Edited by Hal65
  • Confused 1
  • Sad 1
  • Haha 2
Link to comment
Share on other sites

I don't remember, I think it was a serious one though. I think he was ultimately not convicted.

 

What disturbed me most was the timing of the Visa cancellation which I believe happened right after charges were filed against him.

Edited by Hal65
  • Confused 1
Link to comment
Share on other sites

<removed>

<removed>  Only if you are convicted will there be a possibility of the visa either being canceled or expiring if you were imprisioned. If you are accused in a civil or criminal case your visa will not be canceled. 

 

If you are convicted of a crime.. Say 5 years for drug dealing, your visa whatever it is will be allowed to expire. You cannot renew once imprisioned as you do not satisfy the extension conditions for obvious reasons. When released you will be deported, probably pay 20k for being on overstay, and blacklisted. 

Edited by ubonjoe
removed quote of a removed post and a comment about it
  • Like 1
  • Thanks 1
Link to comment
Share on other sites

45 minutes ago, jonclark said:

Only if you are convicted will there be a possibility of the visa either being canceled or expiring if you were imprisioned. If you are accused in a civil or criminal case your visa will not be canceled. 

This is not correct. Over the years i've seen multiple news where the permission to stay of a person was cancelled even though the person was just charged and not convicted. So even if the person would be found to be not guilty they would be deported and banned for being on overstay.

Here the first example which i could find:

 

It wouldn't matter if you had an Elite visa or any other visa, if they cancel your permission to stay and you are still in the country after this you will be banned, even if you are later found to be not guilty.

Edited by jackdd
Link to comment
Share on other sites

57 minutes ago, jonclark said:

To put you statements into context. Only if you are convicted will there be a possibility of the visa either being canceled or expiring if you were imprisioned. If you are accused in a civil or criminal case your visa will not be canceled. 

Nope, a guy was accused of handcuffing a Thai lady in his room.

His Elite VISA was cancelled within 24hrs of his arrest by the police.

It was a big story in TV.

Link to comment
Share on other sites

this is interesting, about 3 years ago my wife was taken to court for defamation by a thai loan shark who took over a villa in our development due to non payment of loan, he was then looking for every way possible to screw all the other 7 farang owners an decided to pick on my wife, because he took civil and criminal cases the court took my wife's passport and when her retirement visa came up for renewal during the year long of court proceedings they would not issue her retirement visa but monthly stays for the court and after a year of fighting all accusations it was all kicked out by the  judge as false accusations just a bunch of lies trying to extort money from us.. costly affair but it didnt matter, when we went back to immigration to seek reinstatement of my wife's retirement visa they said she had 7 days to leave the country and reapply overseas i told them this is a joke it was all false and thrown out by the courts why cant you just reissue, now they said again, so we rang Thai Elite and asked how quick to get the visa lady told me a few hours approval then you pay which we did and my wife flew to Bangkok the next day and was issued with her Thai Elite visa. this obviously doesnt answer your question but i would have assumed they wont do anything unless there is a guilty verdict against you then they may cancel a TE visa... i dont know this is just my view.... good luck..

  • Like 1
Link to comment
Share on other sites

1 hour ago, jackdd said:

This is not correct. Over the years i've seen multiple news where the permission to stay of a person was cancelled even though the person was just charged and not convicted. So even if the person would be found to be not guilty they would be deported and banned for being on overstay.

Here the first example which i could find:

 

It wouldn't matter if you had an Elite visa or any other visa, if they cancel your permission to stay and you are still in the country after this you will be banned, even if you are later found to be not guilty.

Not sure of the details of the case you posted. But it did appear on the surface that the person was wanted on charges in his own country. So canceling his visa and returning him to his own country was the standard procedure. 

Link to comment
Share on other sites

2 hours ago, jackdd said:

This is not correct. Over the years i've seen multiple news where the permission to stay of a person was cancelled even though the person was just charged and not convicted. So even if the person would be found to be not guilty they would be deported and banned for being on overstay.

Here the first example which i could find:

 

It wouldn't matter if you had an Elite visa or any other visa, if they cancel your permission to stay and you are still in the country after this you will be banned, even if you are later found to be not guilty.

I could be wrong but if you are awaiting trial on a charge you can apply for a extension on that basis - i'm not sure what the correct name for it is

Link to comment
Share on other sites

11 minutes ago, jonclark said:

Not sure of the details of the case you posted. But it did appear on the surface that the person was wanted on charges in his own country. So canceling his visa and returning him to his own country was the standard procedure. 

I suspect it was his permit to stay that was canceled not a visa. Just usual confusion between a permit stay issued by immigration and a visa. Immigration can easily cancel a permit to stay but for a visa to be canceled it is not that easy.

Link to comment
Share on other sites

7 minutes ago, darrendsd said:

I could be wrong but if you are awaiting trial on a charge you can apply for a extension on that basis - i'm not sure what the correct name for it is

It is an extension issued for this reason "In the case of litigation or court proceedings" under clause 2.26 of the police order that can be issued for up to 90 days at a time. I can recall people getting them for more than a year back to back.

Link to comment
Share on other sites

46 minutes ago, darrendsd said:

I could be wrong but if you are awaiting trial on a charge you can apply for a extension on that basis - i'm not sure what the correct name for it is

This is probably not possible if they cancel your permit to stay, because then there is nothing you could extend.

Also good luck trying to get an extension in case you are sitting in a cell and they confiscated your passport.

Edited by jackdd
Link to comment
Share on other sites

39 minutes ago, ubonjoe said:

It is an extension issued for this reason "In the case of litigation or court proceedings" under clause 2.26 of the police order that can be issued for up to 90 days at a time. I can recall people getting them for more than a year back to back.

Wouldn't that be a great business idea for anyone currently running a language school? Offer to sue foreigners, for a fee, then let the case drag on and eventually withdraw. In the meantime, said foreigners will be able to apply for extensions and don't even need to worry about attending classes or getting tested.

 

And I'm only being half sarcastic here.

Link to comment
Share on other sites

24 minutes ago, jackdd said:

This is probably not possible if they cancel your permit to stay, because then there is nothing you could extend.

Also good luck trying to get an extension in case you are sitting in a cell and they confiscated your passport.

The cancelation of a permit to would only happen for a serious criminal offense or if a person was found to have entered the country and was wanted for a crime outside the country so they could be deported or did not qualify for entry under section 12 of the immigration act.

A person could be on bail while on trial and could get the extension. Some people that have had their passport helt were allowed to get the extensions when their passport being given to their lawyer to do it.

  • Like 2
Link to comment
Share on other sites

2 hours ago, ubonjoe said:

It is an extension issued for this reason "In the case of litigation or court proceedings" under clause 2.26 of the police order that can be issued for up to 90 days at a time. I can recall people getting them for more than a year back to back.

My case was about 1 year ago and all i was getting was 14 or 7 days. After the court and after the bail refund, i had a letter from a judge stating he did not oppose to visa or extension being granted, but even with that letter, all i kept getting was 14 or 7 days each time and each time they kept asking for a letter from court.

 

Eventually, they gave 7 days and on the side advised to go get a new visa as Bangkok will not allow them to extend for a year on visa which had "red flag" record

 

Unsure if its a rule or they were just scared.but could not get 90 days for the full year after the incident.

 

Once year was up, it was as if no red flag was ever recorded so i am assuming its removed or archived

  • Haha 1
Link to comment
Share on other sites

4 hours ago, jackdd said:

This is probably not possible if they cancel your permit to stay, because then there is nothing you could extend.

Also good luck trying to get an extension in case you are sitting in a cell and they confiscated your passport.

I was actually thinking if you were on bail

 

But yes in that scenario it would be difficult

Link to comment
Share on other sites

Here is the fact of the Thailand Elite Visa when charged in a criminal case.

 

1) The Elite visa is simply a multi-entry tourist visa wrapped up in a posh name. It is still a good visa, but it's not really a VIP Visa at all. Don't expect Thailand Elite to push back against incompetent government staff for you.

 

2) If you are charged with a Criminal Case in Thailand where bail must be paid, your Elite Visa WILL be cancelled. As some readers may know, a charge can be made without any real evidence for the purpose of causing severe inconvenience to the person charged.

 

3) Upon winning your case, you must do the paperwork yourself to re-instate your Elite visa. Thailand Elite won't lift a finger to help you.

 

You can then optionally sue anyone involved for the financial damages.

 

 

 

 

 

 

  • Like 1
Link to comment
Share on other sites

8 hours ago, Mas4568 said:

3) Upon winning your case, you must do the paperwork yourself to re-instate your Elite visa. Thailand Elite won't lift a finger to help you.

 

It is unfortunate that it works this way. Where does one even get the paperwork? I assume you'll have to mail it in from out of country?

Link to comment
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
  • Recently Browsing   0 members

    • No registered users viewing this page.




×
×
  • Create New...