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What is my legal position regarding overstaying while my visa application is in process in Thailand?

Visa Overstay Thailand Immigration Visa Application Process Under Consideration Stamp Visa Extension Expat Issues in Thailand

Sep 23, 2020

4 years ago

ORIGINAL POSTER

Hi, does anyone know my legal position with regards to overstay if my visa application is in process but not yet processed (I still have my passport as I am waiting to be informed that they need my passport) ? Thanks

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TLDR : Answer Summary

The user is inquiring about their legal position concerning overstaying in Thailand while their visa application is pending. Comments suggest that if they have received an 'under consideration' stamp from immigration, they are not considered to be overstaying. They should visit immigration on the date indicated by the stamp to receive any additional necessary approvals. If no stamp has been issued, they may risk overstaying their visa and should proactively follow up on the status of their application.

Canice ******

Continue chase them. Good luck!

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Andy **********

You have to spend 1 year in prison and do meth with ladyboys.... so really not that bad

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James *******

ORIGINAL POSTER

What's my loss? I'm going for the meth and ladyboy option.

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Andy **********

my mistake bro... atts muh boy!

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Andy **********

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James *******

ORIGINAL POSTER

Sweet, I don't think I will chase them up in this case.

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Andy **********

your loss bro. Your loss

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Andy **********

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James *******

ORIGINAL POSTER

I did'nt get a "stamp" as all ive done is go to immigration with the school rep and signed a load of forms as they wanted original signatures. they didn't take my passport. i called the school on Monday and she just said yeah we expect it this week. Hence my alarm bells. Thanks for the input guys. I will chase them.

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Kool *******

If you are talking about getting a visa through an agent, then as of Saturday you will be on overstay if your passport has not been stamped in some manner by immigration, either with an under consideration stamp, or a visa extension. Any application submitted to immigration only takes that same day for them to put some kind of stamp in your passport so you do not overstay until they are finished, and put your actual extension stamp in your passport. If you are using an agent, like it sounds, and you do not have an immigration stamp of some kind in your passport by Saturday at the latest, then you should serious start worrying, as you will be on overstay, and then no legal extension will be issued without leaving the country.

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Maxim ***********

Kool Breez, if the agent says yes to take your passport, you will get the stamp no matter what. Agents are working hand and hand with some IO's. The deadline to transfer from Amnesty to Non-O via agent was around September 17-18, if you submitted after that you can only get Medical Visa due to lack of time. Agents know how long the process is.

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James *******

ORIGINAL POSTER

what i read previous to my submission was they generally take/need 14 days to "assess " your paper work on an ed visa.

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Kool *******

. They never did when I got mine directly from immigration, but that was years ago. You are obviously using an agent, so be extremely worried if you have no stamp in your passport by Saturday, because that is what immigration agents, the police, and anyone in authority goes by when they determine if you should be arrested for overstay and deported.. And, as soon as you are on overstay you can not legally be extended. It doesn't look like an actual school is doing this, as they simply give you the official paperwork to take to immigration within two days after you pay them for classes, and usually that same day. There is no 14 day assessment. Agents have been using a corrupt immigration official to give ED extensions, with some agents even using fake immigration stamps. Be very worried if there is no immigration stamp by Saturday. And, hopefully it isn't fake when you do your first 90 day address report.

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James *******

ORIGINAL POSTER

cheers, no i was in immigration with the school. to pass through the papers. the school said they would let me know when passport was required for for the stamp run. i will pop in to school on the morrow and possible pack bags there after lol

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Kool *******

, strange, very strange.

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James *******

ORIGINAL POSTER

not in their interests to shaft me either

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Kool *******

, good luck, and keep us informed how it comes out. Oh, did you pay the school fees yet?

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Kool *******

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Stuart *********

As Daniel said you probably have a “under consideration” stamp. If so you are not on overstay. On the date stamped go back to immigration and you’ll (almost certainly) get the remaining days stamped into your passport. Given that amnesty extensions are from September 27th it should be until October 26th.

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Daniel ************

well, usually you get an under consideration stamp - until a date .... what does it says ?

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Daniel ************

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