Answered8 years ago

What should I do if I've overstayed my visa in Thailand due to incorrect information from my employer?

Thailand visa overstay immigration work permit visa extension expat advice

Hannah *********

asked Nov 29, 2018

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Hello, has anyone had any experience with having an overstay on the basis of being given wrong information. Our employers told us that we had been given 30 days extension by immigration after our old work permits expired without being charged overstay (see picture below) However, today our company told us that due to a problem with our paperwork (that our degree’s aren’t certified by our home country) that this 30 day period has now been cancelled by immigration, we have to leave the country and we have already overstayed by 9 days. Our employer has offered to pay for the fines but I am not happy about having an overstay recorded in my passport when we were told incorrect information.  

I called immigration but they didn’t understand the situation. I plan to go in tomorrow and ask for this to be waived but I just wondered if anyone had a similar experience? Thanks.

Answer summary

An expat described a situation where they were misinformed by their employer about a 30-day extension on their work visa following its expiration. They learned that due to unresolved paperwork issues regarding their degree, the extension was voided, leading to an overstay of 9 days. The employer is willing to pay the fines, but the expat is concerned about the consequences of having an overstay recorded in their passport. Community members advised that overstays are typically the responsibility of the individual, and emphasized the importance of confirming visa statuses personally. They suggested several options to resolve the issue, including paying fines and obtaining a new visa.

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Tod *********

Like I said, it's hardly the end of the world BUT you're gonna wanna get it sorted out sooner rather than later ;)

AND until you either get to the border to stamp out, or to the immigration office to pay the overstay fine and get an extension you don't wanna get caught out by the police while you're on an overstay. So keep a low profile and get yourselves sorted out.

8 years ago

Hannah *********

@Jackie *****

thank you, yes I think I’ll try there. Thanks for everyone’s comments and help! Much appreciated

8 years ago

Jackie ******

@Hannah ********

Vientine is your easiest choice unless travel there is a problem.

8 years ago

Hannah *********

@Tod ********

shit I was going to go there 😂 I’ll have to try somewhere else

8 years ago

Tod *********

@Hannah ********

IF you're in the south of thailand and thinking of going to Penang for a tourist visa you might wanna re-think that plan :/

There are reports that the thai consulate in Penang will NOT issue a tourist visa to someone with an overstay stamp in their passport.

Right now they're the ONLY thai consulate that has that policy BUT that means you can't use them for your tourist visa :( you're gonna hafta pick a different one.

8 years ago

Hannah *********

@Tod ********

yep I’m leaving as soon as possible to get a 60 day tourist visa. I’m guessing I’ll just pay the fine on the way out! Thanks for your help

8 years ago

Tod *********

Sadly, it's exactly as Robert outlined. Whether you were given wrong information or not IF you end up on overstay it's on you :/

I take it you didn't go to the immigration office to get the 30 day extension on your own? Did you look at your passports after the school said they got them for you? Was there a 30 day extension stamped in it?

If not, again, that's on you..

I would say in the grand scheme of things it's not the end of the world and the school IS saying they'll pay the 4500baht overstay fine.

Your choices are

go to the immigration office, pay the overstay fine of 500baht a day and apply for the 30 day extension you evidently never got for 1900baht.

OR

Go to the border, pay your overstay fine, stamp out of the country, stamp in&out of another country and stamp right back into thailand to get a new 30 day visa exempt entry stamp.

OR

Go to a thai consulate and get a single entry tourist visa that will get you stamped in for 60 days when you come back.

8 years ago

Hannah *********

@Tod ********

thanks for this. Nope we were told that since the paper work is ‘in process’ there was no overstay and we were still here legally. We asked about getting our passports stamped and they said there was no need. but yes you’re right we should not have taken their word for it!

8 years ago

Tod *********

Just a note; the second option I mentioned will ONLY work if you don't have TWO 30 day visa exempt entries by land this year :O There is a limit of two by land in a calendar year (Jan 1 - Dec 31). If you haven't done two so far, you're fine. IF you have you only have option 1 or 3 ;)

8 years ago

Robert ********

Immigration never waives the overstay penalty.

8 years ago

Robert *******

You are responsible to have an Admitted to Stay period in your passport. Only you are responsible to follow the rules of Immigration, you can not blaim a school for wrong information. And as nice as it seems, Immigration do not allow you to stay 30 days longer without giving you a stamp in your passport after you pay for the Extension of Stay.

8 years ago