whats the deal if your overstayed whilst waiting for your extension of stay to be approved ?
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TLDR : Answer Summary
If you overstay your visa while waiting for an extension of stay in Thailand, the outcome largely depends on the discretion of the immigration office handling your application. Generally, being on overstay means you are technically in the country without permission. Although you may have submitted your extension paperwork, it's crucial to communicate directly with immigration. They might charge a daily fine for the overstay (typically 500 Baht per day) but can still grant you an extension. However, if your visa application is under consideration, it's advised to avoid leaving the country, as this could invalidate your application, requiring a fresh visa application process.
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As a rule IF you have to leave while you have an under consideration stamp in your passport you need a re-entry permit BUT it will ONLY be valid for the under consideration period and you'd have to come back before that stamp expired.
Unfortunately for you, your current under consideration stamp is ALREADY expired (not a problem IF you can wait until they get the paperwork back at the immigration office you applied at).
However IF you were to leave the country now, you'd be charged for overstay AND you would cancel the entire process meaning you'd have to start all over with a new Non-O visa and then apply for the yearly extension.
Just be patient, wait it out, believe me IF you bail out of the country while you're still "under consideration" (especially now seeing as the stamp IN your passport is expired) you're gonna cancel everything and have to start all over from scratch with first a Non-O visa and then a new yearly extension of stay.
wonder what would happen if he is stopped by police and they see it's expired.
Reply to
David ************
Reply
Tod *********
Okay, now I know exactly what you're talking about.
First off you're NOT going to be on overstay
Secondly, I've seen it take up to 6 weeks to get the results back (especially if you're using an immigration office that has to send it to a division headquarter to get the results)
Third, believe it or not, when you DO go get the extension inked into your passport it will be dated a year from the date you applied for the extension. The 30 day under consideration stamp IS the first month of your new extension
Lance *********
ORIGINAL POSTER
the paperwork has been in for over a month - getting told by the IO mai pen rai wait but their not offering an extension of stay or any other stamp
I had that as well been overstay for 2 weeks no issue since they have the paperwork and your application
Lance *********
ORIGINAL POSTER
sorry Tod - My wife and I submitted the paperwork for an 1 year extension based on marriage the 1 month extension (under consideration) finished yesterday - I went on friday and got told it was not yet returned - my wife called them today and got the same answer - wait
Tod *********
the paperwork for WHAT? Give a little explanation okay?
Reply to
Tod *********
Reply
Tod *********
How about you actually outline, WHO is saying wait wait, and what the situation actually IS concerning your questioning how serious overstay is and can you get an extension on overstay?
and believe it or not it's totally up to the immigration office if they sell you the extension OR sell you the 7 day extension denied stamp OR charge you for overstay and say GTF out of the country today. :O
Barry ******
you can get an extension on overstay. You just pay for the fine and get either the extension or a 1 week get out stamp
Reply to
Barry ******
Reply
Tod *********
Okay that is going to be totally up to the immigration office you're dealing with for your extension.
BY rights (and the way the law is written) you don't get an extension while on overstay because you don't have ANY permission to be in the country (seeing as you're on an illegal overstay).
They CAN (at their discretion) decide to charge you 500baht a day for the overstay and then give you an extension after that for 1900baht which would be dated from the date your original permission to stay expired.
Barry ******
How is that possible, you drop off your passport and copies of visa at immigration along with docs. They process it and give your extension back the same day.
If you’re using another method I would say it’s your responsibility to plan better or pay the fine for poor planning
Lance *********
ORIGINAL POSTER
their saying wait wait but I need to leave to visit family
Aha ok i had to go to court and travel so i went down there and they gave me extra days in the passport . But normally you not need it. If he is stopped he have to refer to the immigration officer.