What should I do if my Thailand Elite visa expires but my permission to stay stamp is still valid?

Feb 8, 2020
5 years ago
Andrew *******
ORIGINAL POSTER
Hi all, I am a new member and would be very grateful for any advice on the following scenario:

I have a 5 year Thailand Elite visa that expires in 10 days, but my one year permission to stay stamp does not expire until July 2020, when I last entered Thailand.

Ideally I don’t want to leave Thailand again until May, for when I already have a flight booked back to my native UK. I plan to rejoin Thailand Elite again at the end of this year when I am in funds.

A couple of days ago I got an email from TE that scuppers my plan to next leave Thailand in May; the email states I need to leave or renew when the visa expires, not when the stamp expires.

Before posting my question here I located previous Thai visa advice posts on this subject where there were inconclusive debates about which of the two dates determines by when a TE member has to leave in reality and whether TE is perhaps trying to get us to renew sooner than we have to.

I spoke to TE yesterday to collect my passport after a successful 90 day report and I put the matter to a senior member of their staff. I was told I could leave the country in May and that whether I not I will have a problem will depend on the particular immigration officer that happens to view my passport. I was hoping for more certainty.

Perhaps this informal answer from TE is the highest level of certainty I can get before I decide to either a)risk exposing a possible overstay in May or b) take an unwanted trip abroad now for a single entry tourist visa.

Does anyone have any direct or vicarious experience of leaving Thailand after their TE visa expired but before the permission to stay stamp expired?

Provided this all comes to the fore at the airport itself on travel day what is the worst that can happen do you think: a ฿20,000 fine, an airport delay while its being dealt with, and a 70 day overdraft stamp in passport that does not affect most future visa applications?
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TLDR : Answer Summary
The user is seeking advice on the implications of having an expired Thailand Elite visa while still holding a valid permission to stay stamp. They express concerns over the differing interpretations of expiry dates by Thailand Elite and immigration officials. Various community members provide input, suggesting that the entry stamp remains valid even after the visa expires and discussing potential risks and penalties associated with overstaying.
Tod *********
and I still say that they're blowing smoke up your asses with their "you'll be on overstay after the visa runs out" bull shit.

One last time, visas and entry stamps are TWO completely different things.

A visa let's you ask to get in and if you're allowed in you get an entry stamp for the time that visa allows.

In the Elite visa case it's for a year every entry. You get a year entry stamp whether the visa runs out during the year or not, (that's because it's the rule for that visa to ALWAYS give you a year entry stamp).

Now the elite people might not like it, but they sure as hell can't write what ever visa rules they want to.

Even the elite visa has to follow the same rules as all the other types of visas out there.

However all I can see is this continuing to go around in circles so I would say we're done.

Good Luck, thank you all for the contributions AND thank you for keeping it on topic too
David ********
I have the 5 year visa that expires in July this year. My current stamp is until December but I recently received an email from TE saying I have to leave when my visa expires in July or I will be overstaying, regardless of what the stamp says
Andrew *******
ORIGINAL POSTER
We are in exactly the same boat David from this point of view.

But it does seem to me now, from helpful comments here, that what TE classifies as over staying (staying on post visa expiry but pre stamp expiry) is in fact nothing more than a TE sales strategy designed to rush us into renewing now.

And that this is not classified as over staying by the people that count.

And that if we wait until our stamp expires before renewing there will in fact be zero consequences to us, other than missing out on a possible TE renewal discount.

If I don’t get offered a discount by TE tempting me to renew now, I intend to test the theory and live under just the stamp for a period.

I’ll happily report back to let anyone interested know what happens, both at the airport when I leave Thailand, and when I re-approach TE when I am ready to renew.
Ellie *******
Did you read Tod's comment above?
David ********
This is what they wrote: "We are pleased to inform you that your current membership with Thailand Privilege Card Company Limited will be expired in the near future. Subsequently, the validity of Thailand Elite Visa and the length of your stay will also be terminated at the same time due to the expiration of the Thailand Elite Member Status, regardless of the date stated on the entry stamp from Immigration Bureau is beyond the validity period or expiry date of Thailand Elite Card.

Moreover, the list of all terminated members due to the membership expiration will be reported to the Immigration Bureau for record purposes. In the event of all illegal stays, arrivals/departures, at/from the Kingdom of Thailand are found, the individual will be promptly liable to legal action. Therefore, we would like to kindly inform all our valued members on this matter to prevent such as incident from occurring in the future.

"
Tullio *******
There was an interesting thread on thaivisa exactly on this subject

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Andrew *******
ORIGINAL POSTER
Very helpful - Thankyou Tullio
Andrew *******
ORIGINAL POSTER
Agreed Tod
Tod *********
unless you're prepared to really push it up the chain of command at the elite company I wouldn't trust one of the lackeys word about it. They are in the visa SELLING business NOT in the business of helping you maximize the time you can get to stay in thailand OUT of the visa.

Don't take a single person's explanation about it.
Phil ******
@Tod ********
maybe he needs to do a dreaded visit to chanwattana
Tod *********
And as you can see
@And***
it's clear as mud :O :P
Andrew *******
ORIGINAL POSTER
I really appreciate your help guys - Thankyou very much
Ron *******
If you don't renew as your membership is expiring, it's a complete new application
Andrew *******
ORIGINAL POSTER
I’ll put that question to TE. As it relates to their own policies they surely should be able to answer with certainty.

I can’t see them wanting to turn away my cash if the decision is in their power
Ron *******
I don't think they would though. It's not TE that refuses the visa when somebody has had overstay. It's immigration themselves that check the system before inserting the visa.

It's weird that even during the application, any overstay doesn't appear to be checked.

Thats why TE state in the t&C that if you don't tell them when you apply, immigration will pick it up on the day you go to get the visa.
Tod *********
BUT would the elite company count the days you stayed on the valid entry stamp past the visa itself expiring as "overstay" even though thai immigration's wouldn't ?
Tod *********
now, whether you'll have any issues with the thai elite company re-joining at the end of the year (when you have the funds) after using the last entry stamp past the date the visa was good for is between you and the thai elite visa company.

I am telling you with 100% certainty how that visa and the entry stamps OFF that visa work.
Tod *********
The elite visa works like ALL visas to thailand. IT is a stamp or sticker that allows you to request to enter the country and IF you are allowed in on it you get stamped in for the number of days that visa allows. AND even if the VISA expires the entry stamp you got from it does NOT expire.

That's how visas work and the thai elite visa works that same way no matter how much they try to scare you into thinking you're gonna have a problem when you stamp out.

NOW remember ALL your thai elite visa perks and services STOP when your visa runs out (actually usually a little before that because those things start not when they stick the visa in your passport but when your payment goes thru :P )
Ron *******
If you intend to renew and can do it before your actual membership ends, you will get a sizeable discount
Andrew *******
ORIGINAL POSTER
Will do Ron, Thankyou
Ron *******
The normal discount was 5%. Some have said they were offered 10% on the 1 and 2 million baht visas.

5% is 25,000 baht discount on a 500,000 baht 5 year visa though isn't to be sniffed at if your renewing anyway.
Andrew *******
ORIGINAL POSTER
Ron, that’s very interesting and might well be true given the inconsistency of information I sometimes encounter in Thailand, but when I was at the TE office yesterday I was told by staff that there is no discount for existing members and that 500,000 is the renewal cost for my easy access visa
James ********
Try
@Tod ********
advice with a border run and see what time period you are stamped in...do it sooner than later..like NOW.
Tod *********
okay, this has come up over and over AND the real answer is that elite visa is good for unlimited entries for the validity of the visa and EVERY entry gets you stamped in for a whole year's entry stamp.

The fact that the VISA itself expires (and you lose your elite privileges) does NOT negate an entry stamp you got FROM the visa while it was valid.

You will have NO problem leaving the country on the stamp you have which is valid until July 2020 AND in fact IF you were to exit/re-enter the country before your actual VISA expires on the 18th of Feb (you said 10 days) you would get stamped in until Feb 2021 AND that stamp would be valid for the whole time.

I know that elite tries to scare their members into re-upping right away, telling them they could have problems blah-blah-blah BUT it is total b/s.
James ********
And dont forget you never can obtain a Thai Elite Visa in the future with even a one day overstay.
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