What should I do if my passport is held by a visa agent for months and my visa has expired?

January 7, 2022
3 years ago
Rodolphe **********
ORIGINAL POSTER
Hey everyone, my passport has been kept by an agent for 8 months and would really appreciate some advice. In last May I decided to use the service of a (well known) agent in Bangkok to renew my marriage visa. I didn't get my passport back after 8 months (the visa expired in August 2021). The agent won't say anything about the situation other than very vague stuff and she keeps pushing the date back. I had used the same agent previously without problems (other than an already long delay but it was ok).

I'm a bit desperate at this point and was wondering if anyone had a similar experience? I'm a French citizen if that matters. I'm considering reporting the agent to the police and getting a new passport. Thanks!
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TLDR : Answer Summary
A user reports that their passport has been held by a visa agent in Bangkok for eight months while their marriage visa expired. They seek advice on how to retrieve their passport and manage the immigration consequences of their overstay. Respondents suggest contacting the embassy for a new passport and filing a police report while cautioning about the severe implications of overstaying a visa in Thailand. Multiple comments emphasize the risks associated with using unregulated visa agents.
Mark **********
Should have taken it to the police before you visa expired
John-Paul ******
Which agent? Would be helpful to know.... so others might have had a similar situation with said agent.
Janin ******
And still people use unreliable agents….🤔🤔
Brad ***********
Im sorry to say but your passport is your golden ticket to anywhere and you are the sole person who is responsible for being able to present that whenever necessary. The fact this dumbass agent still has your passport after 8 months is of little concern to anyone of importance and it is your responsibility solely to get it back asap. Let me guess... Bangkok Buddy?
Dan ***********
Demand passport be returned on the spot and go to another agent probably one within a law firm in Bangkok right away. Don’t look back.
Maxim ***********
What are your criterias for "well-known" agent?
Kool *******
@Maxim **********
any agent that does not take you with to immigration to get your actual extension is questionable, as you are required to go in person to get any visa extension. All an agent does is help you getting the required documents, and stand in the long queue in your place, calling you of when to be there. My wife works with ligitimate agents where she works, for a Chinese company.
Maxim ***********
@Kool ******
You are not required to go "in-person" to get a visa, even less an extension. It's been like this forever. Maybe one day it's gonna change, but it hasn't yet. What you are referring to is still agent-related but not exclusively what agents do. There is a distinction between legality and legitimacy that you do not understand. I will give you a simple example: the black market for lotto tickets is illegal in Thailand, yet nobody gives a damn and if you win, you are getting paid which makes it legitimate. It's the same for a reputable agent. I asked OP about his definition of a "well-known" agent because I know most "well-known" agent in Thailand and none of them would do something like this.
Peter ******
French embassy is going to love this one.

Was short of cash, sold his PP, now claims that left 8 months ago with dodgy agent.

Wants us to issue ETD without police report because he sold original and does not want to stop in Hilton.

Right mess .. What was wrong with approaching Immigration in first place?
Dava ********
Report lost there taking the piss simple
Ken ******
perhaps it is useful to give some hints on the agent's name so.that others can avoid falling into same trap?
Jonas *****************
Not the same but similar, i send my work permit in march 2021 and still haven't got it back so haven't been able to work even tho i have a wp.. Amazing thailand
Martin ****************
And you should maybe give us a hint who that agent is so that other people won't get into the same trap as you.
Martin *********
Up shit creek with out a paddle.

Visa expires in August.

Can't really go to the police and say it was stolen now.

If you do, there will be issues.

Why oh why do people fuk about with their Visas...😶

Years back could have sorted but the game has changed.
Brahim ******
Your passport is long gone. You waited too long. Get the police involved and expect to pay a huge overstay.
Dav *****
As mentioned by many other people, the first and major risk right now is related to immigration (lack of visa, illegal stay) and the consequences.

I would URGENTLY make an appointment with the French embassy for lost passport AND also explain to them the whole situation (scaming agent, expired visa, etc) to see what they suggest to you first, before making any move towards the Thai authorities.

But the fact that you have let it go that long without really taking this seriously enough makes your case look dodgy (like if you're not telling the whole truth) or makes you look lazy, naive, stupid, careless.

Your current passport is probably lost anyway (or sold)
Paul ********
How Crazy?...Do things properly in the future i would suggest...
Burnard ************
Yes, you should have gotten a new Passport upon it's expiration. And before you applied for a Visa.

It's been 8 months and it expired 4 months ago. So it only had 2 months of validity.

Immigration won't give a Visa with less than 6 months validity.

I don't know what is going on with your agent but rather than turning on her, why don't you admit you made a mistake and get a new Visa and see if she can do it again for free. Likely, it was confiscated or lost at some point and your agent does not want to tell you.

Stop waiting for a Visa on a Passport that expired 4 months ago.
Daniel **********
No, that is not what happened. The passport hasn't expired. The visa has.
Burnard ************
@Dan *********
Oh, I see, the VISA expired in August. Then yes, you need to get that back. ASAP.

I am afraid that if you report her, they may arrest you on the expired VISA.

Thailand Immigration isn't normally interested if you have a valid excuse.

You could be in a Thai Prison until the matter is sorted.

You might want to talk to a lawyer. Or pay the 20,000 Baht fine if you turn yourself in.

Maybe another post here can help you

Sorry for the misunderstanding.
Alessandro **********
Why have you been waiting all this long ffs. You should have been of reported the agent after 3 days ergo you should have been done the hard way and not using any agents at all. However you can report him now but that doesn't change the fact you're on overstay (troubles coming)
Michael ********
I would get your affairs in order no matter how unfair, you are likely to be deported and banned.

There was one guy in Phuket had similar thing, he has commented he has a lawsuit against the agent. But he was deported and banned from entering for a year.

Also one guy in Chiang Mai same same
Steven *********
Overstay more than 40 days = 20,000 baht. You should have reported to the immigration about what happened to your passport long time ago. You probably won't find much sympathy now when you report to Immigration but the longer you wait the more trouble you'll find.
Native ****************
@Michael *******
Yah I must admit to being a bit surprised one would let it slide this long, specially if there was a risk of falling Out of Status = Huge No no. One of the last things a traveller wants to mess with is His passport, so this is very serious and I totally agree with Micheal... You risk the chance of being deported and banned... And let's not forget the hefty fine that comes with it. Wish you the best, but I would get in this first thing Monday and get the Police in on it and make a case with photos and letters/ emails attempting to reach the agent, because you will need to present your case at one point and I suggest, you better have some evidence to back up your story or you will be jailed on the spot specially if you are over 20 days Overstay.
Jim **********
@Native ***************
no idea, where you get that idea from - a good mate of mine was jailed for overstay, and kept inside until deported.
Benjamin ******
@Native ***************
>you better have some evidence to back up your story or you will be jailed on the spot specially

There is absolutely no jail time for being on overstay. The absolutely worse that would happen is that they would go to the Immigration Detention Center, and stay there until they can catch the next flight out. I believe the Immigration Detention Center costs 500THB a day or something like that.

>if you are over 20 days Overstay.

A person doesn't get blacklisted until they are 90 days overstay.
Kool *******
Be aware that as soon as you go to the police, or immigration you will be arrested immediately if in the computer system you do not have a current visa extension, and they will check. I am on a marriage extension, and for it to be issued you personally have to be there, with your wife. Any other way involves bribery and you will be deported and blacklisted for a minimum of 5 years, because you are not booked on a flight and leaving the country. If you were the blacklisting would only be for 1 year. You are also looking at a bt20,000 overstay fine, that must be paid before you can leave immigration jail. You are in serious trouble if the agent did not get your extension. You need to immediately contact your embassy using their emergency number so they can cancel your passport, and issue you an emergency one so you can leave the country, because you will have to leave if you do not have an extension. If you used this agent because you did not meet the financial requirement, then an attorney won't even be able to help you. If you don't have the extension you are leaving Thailand, and forcibly at your expense.
Benjamin ******
@Kool ******
>You are also looking at a bt20,000 overstay fine, that must be paid before you can leave immigration jail.

In my experience, the 20K THB is almost always waived if they go in front of a judge and agree to the blacklist.
Prashant **********
You have two issues in hand passport ( simple process you contact you embassy and check their regulation and provide documentation you get your passport) where as the bigger issue is visa , two ways talk to another good agent and take his opinion secondly Keep all line records as screen shorts ( if in English ) get them translated to Thai and file a police complaint with a help of a lawyer , in that case you have some chance immigration can waive your overstay or help . Do not try file police report your self as this report need legal terms . Understand of you a proof you have chance . And don't panic as it will make your situation bad .
Benjamin ******
@Prashant *********
>, in that case you have some chance immigration can waive your overstay or help .

Why would an immigration office do that?
Prashant **********
Benjamin hays that will happens if you can prove that the cause of you visa overstay is due to a result of some fraud , false pretenses . I said some chance not 100 percent depand on police and lawyer how they make your case .
Benjamin ******
@Prashant *********
Got any proof that this has happened before?
Phill ****
Does her name start with a T?
Yuv *****
go to the police quietly. tell them everything. show them a video/ call recording. call her from police station to reconfirm. lodge official complaint. take the police with you to her place only after complaint is lodged. keep a local with you to understand whats being discussed.
Benjamin ******
@Yuv ****
I completely disagree. 1. Agents are almost always a backdoor to a bribe. 2. The police, IF they want, could say that he's in Thailand illegally, and they captured him, which would be a 5 year ban (
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Neal *******
Je comprends pas. Tu va là-bas tu prend ton passport et basta? Pas de passport police. Je comprends pas sérieux.
Andy *********
Who is the agent?
Benjamin ******
@Andy ********
Naming and shaming is illegal in Thailand. The truth is NOT a valid defense to slander or defamation of character, and a corrupt agent would have no problems filing charges against the poster.
Stan *******
@Benjamin *****
yeah, that’d stand up in court after she’s been prosecuted for fraud. And yes, I know the truth is not a defence in Thailand.
Peter *********
You have someone else same identity you now
Dimitri ********
@Peter ********
But also without valid visa and on overstay 😆
Andrew ********
Police.
Jesse *****
@Benjamin *****
no, I'll leave the know it alls to know it all and spout their negative crap another day, so hopefully if they're ever in a bad situation they can help themselves. I certainly won't be giving them any assistance.
Benjamin ******
@Andrew *******
A police report may be required for him to get a new passport. However, the police will do nothing to try and get the passport back; agents are almost always a backdoor to a bribe, which is TECHNICALLY illegal in Thailand.
Jesse *****
@Benjamin *****
it's not required.
Bobby ********
Andrew Murphy. The police will say "Why the f**k did you GIVE your passport to a non-authorised person?" and will laugh in your face.
Jesse *****
Pack of geniuses you lot. Even a basic boi would know a good agent can clear up any length of overstay once hes reported his passport lost to his embassy and requested an emergency replacement. It's simply a matter of how much its going to cost.
Benjamin ******
@Jesse ****
>would know a good agent can clear up any length of overstay once hes reported his passport lost to his embassy and requested an emergency replacement.

Care to give a name of an agent so the poster can call that agent in the morning?
Jesse *****
@Benjamin *****
sure, I'll PM him
Benjamin ******
@Jesse ****
How about giving the name of the agent in the group, so everyone would know?
Bobby ********
Jesse Pye. You're living in some kind of a dream world man. Keep smoking whatever it is your smoking
Andrew ********
@Bobby *******
they will need a police report for a passport renewal.
Bobby ********
Andrew Murphy. I guess so, but I think it's deportation and a one year ban for overstay
Benjamin ******
@Bobby *******
No, it'll be 5 years ban for being on overstay for less then one year and being caught (which is what *may* happen, depending on the police office).
Bob **********
@Andrew *******
don't think they'll to much
Bobby ********
I just shake my head at the sheer 100% stupidity of people who use visa agents.
Bob **********
@Bobby *******
and to wait 8 months????
Bobby ********
Bob D'Andrea. I just shake my head! I would not hand over my passport to any lowlife agent for five minutes, never mind eight months. Stupidity knows no boundaries
Peter *******************
there is a probability the passport is long gone, either lost or sold… report agent to police, report passport stolen and acquire a new passport
Bobby ********
Peter A. S. Moelgaard. That's all good, but immigration don't give a stuff. He's got a big fine and several years ban coming up
Benjamin ******
@Peter ******************
And then what? He still has the 8 month overstay to deal with 😮
Kool *******
@Benjamin *****
it is actually only a five month overstay, as he said his current extension expires in August, but in this situation a three month difference makes no difference
Peter *******************
@Benjamin *****
there is nothing to do about that, and that is his design, so nothing really to do about that
Benjamin ******
@Peter ******************
If a person is on an 8 month overstay, they would be blacklisted for a year. If they are on a overstay for greater then one year, they would be blacklisted for three years. If he is caught, it's a 5 year ban if he overstayed for less then a year, and a 10 year ban if he's overstay for more then one year.

Source:
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Peter *******************
@Benjamin *****
well, waiting 8 months was voluntary, so by o.p.’s own design, I would imagine something can be done if turned into a legal case, there are some pretty advanced laws in Thailand which could be utilised, but will require to lawyer up and file a criminal case against the agency for conspiracy, intimidation, unlawlful handling of foreign identify documents, fraud, document forgery, etc. and possibly a few others…
Benjamin ******
@Peter ******************
Quite bluntly, your information is completely wrong and incorrect.
Peter *******************
@Benjamin *****
1) what can be done about the overstay within the law ?

2) why is this not a possible criminal case ?
Peter *******************
@Benjamin *****
what is wrong and incorrect ?
Benjamin ******
@Peter ******************
The poster used an agent. The agent was trying to get an extension of stay using a backdoor bribe. There are no licensing requirements for someone to become an agent in Thailand, and regulations do not exist.

>file a criminal case against the agency for conspiracy, intimidation, unlawlful handling of foreign identify documents, fraud, document forgery, etc. and possibly a few others…

There's no basis at all for a criminal case against the agent in the slightest, and the police will not press charges. If the poster wants to submit a civil case, it will take years to go through the court system.
Peter *******************
@Benjamin *****
Im assuming something would have transpired between the agent and the op., some “vague” messaging could be interpreted in many ways, but yeah, purely speculative, however several situations similar have found resolve to my knowledge through interaction with a lawyer using the full extend available, I remember elements such as intimidation and something about unlawlfull handing of identify documents, however, I guess when pressured, my information is a bit vague too 🤣
Jeff *********
That's scary
Benjamin ******
@Jeff ********
Yep! And that's why I advise people to never, ever use agents (and why in some groups mentioning or discussing agents are banned)
Jeff *********
@Benjamin *****
I understand guys being nervous with immigration and not wanting to deal with the hassle, but using a agent has risk too.
Benjamin ******
@Jeff ********
I'm always curious about why people are scared to go to the immigration office. What's so scary about it?
Jeff *********
@Benjamin *****
I'm curious, because I'm not nervous. If you have everything in order shouldn't be a problem.
Bob **********
Just file for a lost passport then you'll have the visa issue to deal with
Benjamin ******
@Bob *********
He *MAY* also have the 8 month overstay problem to deal with too 🙁
Bob **********
@Benjamin *****
yes that's what I was getting at
Benjamin ******
Agents are not regulated in Thailand, and are almost always used as a backdoor bribe to an immigration office.

I would immediately contact the visa agent and try to get a screen shot of your valid extension of stay as proof that it's been submitted, and the passport wasn't lost or stolen.

IF they can't do that, I would assume they did not acquire the one year extension of stay based on marriage, and you are on overstay for about 8 months. I recommend contacting your embassy and get a new emergency passport. If you aren't scared about contacting agents (which you aren't), start contacting agents, let them know your situation, and see if there's any way for them to remove the one year ban for being on an 8 month overstay. I would expect a lot of money to be required though to prevent that one year blacklist (100K THB or thereabouts?)

See
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for the overstay regulations
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