What should I do about my visa overstay in Thailand after losing my passport and getting a new one?

November 10, 2022
2 years ago
Chas *********
ORIGINAL POSTER
Hi, I was on covid extensions for the duration, about 2 years. Lost my passport and had to apply for a new one via VFS Bangkok. Result is I have been on overstay for two months. My new passport should arrive any day now. The plan was to go to Savannakhet and get a visa but I have been advised that I may have a problem paying the overstay fine at the land border. Would it be best to exit at Suvhannabumi to Vietnam, stay a week and return?
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TLDR : Answer Summary
The user has experienced a two-month overstay in Thailand due to earlier COVID extensions and a lost passport, now being processed through VFS Bangkok. They are considering whether to exit Thailand to Vietnam and return or address the overstay at Suvarnabhumi Airport. Comments suggest that addressing the overstay directly at the land border in Savannakhet could be more favorable than the potential complications of exiting to Vietnam.
Tod *********
and I think the O/P has an idea of what their course of action should be and what options they have
Robert *******
Already more than 2 months overstay, you are aware that with a few more days you will hit the 90 days and that will save your worries to get back into Thailand for at least 1 year.

The emergency travel document and back to UK was the best option.
Todd *********
@Robert ******
is this accurate at present? One year ban for 90 day overstay?
Wannikea *********
@Todd ********
actually it's 1 year ban for the 91st day.
Todd *********
@Wannikea ********
the best value then for someone is the 3 year deal. Keep it one day under 5 years and it’s for one for one. Fair deal
Ulrik *********
@Todd ********
to the best of my knowledge the rules have not changed since introduced in 2016. I could be wrong, but don't think so πŸ™‚
Ana ************************
Somebody I know from Germany got arrested and deported with same story..be careful
Chas *********
ORIGINAL POSTER
@Robert ******
Yes, I know, but I have enough leeway, just.
Chas *********
ORIGINAL POSTER
Many thanks for your input. Much appreciated.
Chas *********
ORIGINAL POSTER
Been looking over my shoulder for a while now.
Robert *******
@Chas ********
Keep far away from any police check point and hide to avoid arrest is not leeway.
Tod *********
2 years of covid extensions, a lost passport and now 2 months of overstay are gonna be tough to explain away no matter where you go to stamp out. πŸ˜•

I'd say you have a far better chance of paying the overstay, stamping out and going to the thai consulate in Savannakhet to get a tourist visa than you do flying to Vietnam for a week then comin' in visa exempt by air πŸ˜• <- There's a near 100% chance you'll be pulled aside for your extensive stay history, grilled, and/or denied entry and either sent back to Vietnam or back to your country of passport origin.

Who advised you that you might have a problem clearing the overstay by land?
Ulrik *********
@Tod ********
I might be wrong, but don't you need an entry stamp in the passport, before being able to leave the country ?
John **********
@Ulrik ********
which would mean he needs to get stamps transferred from old passport to new passport before heading to the border. I know he's lost his passport but his history will all be in the immigration database.
Ulrik *********
@John *********
my thoughts exactly, and the reason I mentioned it. πŸ™‚
Chas *********
ORIGINAL POSTER
@Ulrik ********
Yes, I think you are right Ulrik.
Chas *********
ORIGINAL POSTER
@Ulrik ********
Not sure Ulrik, but is the TM 6 suspended at the moment?
Ulrik *********
@Chas ********
as far as I'm aware it is only suspended if you arrive on a flight. If you cross over a landborder it is still used.
Chas *********
ORIGINAL POSTER
Yes, but I have no ties in the UK, and a wife and child in Thailand. All not helped by the UK Passport service taking 16 weeks to renew a passport. Cannot get an extension of stay without one.
Brian **********
@Chas ********
is an extension of stay due to child still an avenue?
Chas *********
ORIGINAL POSTER
@Brian *********
Yes Brian, I have birth cert. Marriage cert. Thai I. D. card, housebook, Khor ror2, etc, only need
*****
0 baht in bank for one day.
Brian **********
@Chas ********
so why can't your thai wife call your local immigration office, explain the situation and ask if they can fix this based on marriage or child?
Chas *********
ORIGINAL POSTER
@Brian *********
Brian, I think you have to go through the process, 3 month extension, 1 year non O, then the child extension of stay. Not sure about that though, but surely you need a basic extension of stay to work on.?
Darren *******
@Chas ********
hopefully you'll get a proper visa then once this escapade has been sorted out.
Chas *********
ORIGINAL POSTER
@Darren ******
Yes, that was always my intention Darren. I have everything except
*****
0 baht, which I will have access to next month.
Eze ********
@Chas ********
Why don't you apply for the single or multiple entry Non-O visa based on marriage or visiting a Thai family member in Laos?

Why use a tourist visa if you have all the documentation for a Non-O, especially with your history, unless you want to stretch out the time by getting a tourist visa, then a 30-day extension, then a 90-day Non-O in country, then finally an annual extension? Even then getting a single entry 90-day Non-O then a 60 day family extension then moving to an annual extension would do almost the same job.

As I understand it, you don't need proof of funds at the Savannakhet embassy for a Non-O based on marriage or visiting a Thai family member.

You can get a single entry visa for 2,000 baht (which you can stretch to 5 months with a family extension) or a multiple entry visa for 5,000 baht (which you can stretch to 17 months but you'll need to do multiple border bounces and then get a family extension at the end).

With either of these options you can move straight to an annual extension when you are ready. I don't believe that you have to use the full year of the multiple entry visa first unless you want to but someone can correct me if I'm wrong.

There are a number of posts about obtaining this visa from Savannakhet on this forum. Many of then will be tagged accordingly so they should be easy to find if this sounds like the right option for you.
Chas *********
ORIGINAL POSTER
@Eze *******
Yes, I think the one year Non O at Savannakhet is the favourite, multi entry. I only live about 15 minutes from O Smach Cambodia border, so a border bounce every 3 months is not a problem. Only worry really is getting from Surin to Mukdahan, driving, just in case of checkpoints, though mostly they are in the direction of Bangkok. Possibly a coach might be better.
Eze ********
@Chas ********
Well, you could also just fly out or travel via Cambodia or take a train (or a bus or a coach) to Pakse.

I have no idea about clearing your overstay at any of those land border crossings though. However, you did mention, in a different post, that you could clear the overstay at your local immigration office first (I don't know how that works).
Chas *********
ORIGINAL POSTER
@Tod ********
Hi, someone on another site. Yes, I thought Savannakhet best, I live near Surin. I wondered wether I could go to Surin immigration and pay the fine, then go to Savannakhet, but that would put me on overstay for a day or two again.Yes, UK passport, been taking 16 weeks to renew, πŸ˜•πŸ˜•πŸ˜•
Graham ******
@Chas ********
You will not be on overstay when you exit as they will likely give you the "7 days to leave Thailand" stamp when you pay for your overstay
John **********
@Graham *****
and the likelihood of getting back in with that history and that stamp in the passport is?
Wannikea *********
@Graham *****
nobody "gets" that 7 day stamp, you buy it by applying for an extension that is subsequently denied. He will have till midnight to leave after clearing his overstay.
Graham ******
@Wannikea ********
Ok let me expand, if he were to clear his overstay and apply and pay for an extension the likely worst case scenario is it would be denied the extension and given the 7 day leave Thailand stamp. Leave by midnight is nigh on deportation and would the IO allow him to leave the office under such conditions?
Wannikea *********
@Graham *****
I'd think if he shows he will leave immediately the IO would accept that. The person did come to the office to resolve the matter and has paid the overstay up to and including the current day. You'd hope.
Chas *********
ORIGINAL POSTER
@Wannikea ********
All being well, when I pay the overstay at Friendship bridge, I shall cross over to Savannakhet.
John **********
@Chas ********
in a way that would have been more sensible than running on overstay and risking being locked up and deported
Tod *********
@Chas ********
, just get the passport and get out as fast as you can.

What is the upside in clearing the overstay at the Surin immigration office and then running on overstay to get to Mukdahan to stamp out ?
Chas *********
ORIGINAL POSTER
@Tod ********
Just thinking it might be easier, but probably risky. Think as soon as I get the passport I shall go to Mukdahan /Savannakhet. Pay the money and get a tourist visa. I did go to the Surin immigration after I lost the passport, told them about the waiting times. They just said get an emergency travel document and go to the Uk.
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