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Answered4 years ago

What should my husband do about overstaying his visa in Thailand while waiting for a new Ed visa?

Bennett ********
asked Dec 23, 2022
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Visa overstay question My husband, a researcher with a major university in Bangkok, inadvertently violated his Ed visa by leaving Thailand without a re-entry permit, & is now on visa-on-arrival expiring December 26. (Taiwan passport.) The school is aware & now arranging a new Ed visa. My question: Would overstaying a few days & paying a fine until the new Ed visa is completed be a huge problem in the future as far as re-entering Thailand? We’re concerned that flying out now & re-entering with a new visa will require the school to start the whole Ed visa process over again. (He’s asked the school to hurry, but obviously it’s now Friday & his visa expires on Monday.) Thanks for any advice!
Answer summary
The user is concerned about their husband overstaying his visa in Thailand while waiting for the processing of a new Ed visa. He mistakenly left Thailand without a re-entry permit, which invalidated his previous Ed visa, and is now on a visa-on-arrival expiring December 26. The comments suggest he should avoid overstaying, as even a couple of days could complicate future visa applications. The best course of action is to leave Thailand and then reapply for a new Ed visa, as extensions or renewals cannot be done while overstaying. A border bounce is suggested, although it may restart the Ed visa process. They emphasize the importance of inquiring with the school about specific processing times for a new Ed visa.
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Jittima *******************
Jittima *******************
Hi Bennent,

I would recommend you to check with school first of how long their process would be as it’s could take time especially during the new year holiday.

If the process of your school are confirm between 1-3 weeks and you are ok with the overstay fee of 500 bth per day. It’s should be best to remain and pay for overstay and school can remain using the current documents they have already prepared for you.

However, if the process is unsure of how many day/week to be able to obtain your new visa due to preparation and approval of visa documents. It’s would be best to leave country and back with visa on arrival or even tourist visa then changes it here in Thailand. This will give you and school enough time at least 4-8 weeks with an extension of maximum 30 days to process all documents/approval necessary

Please be note that you can only apply for visa on arrival or VOA for maximum 4 times per calendar year

However, in general for changes of visa type in Thailand - you would require to have at least 15 days of remaining current visa. Also, non immigrant to non immigrant visa can’t be changes in the country.

Good luck 🍀
Eric *******
Eric *******
Your situation is actually very simple :

1. As you got out of the country without a re-entry permit, the former ED visa is now OVER and you can't get back on it.

2. There is NO renewal possible from the former visa IN the country, the main reason being that you CANNIOT have 2 ED visa back to back in the country. There MUST be an EXIT (or another type of visa) in between two consecutive ED Visas.

3. As you are already overstaying, you cannot just go to your school and have them do the process again for a new ED visa without you leaving the country. Any potential short term extension to "let you breathe" , would be meant to have you leaving the country not staying there to then jump on something else AT ALL.

Side note: When you're not in an overstay situation and you renew an ED visa, your school always make you apply for it (through them) via another country (usually Malaysia, in Penang), that's an EXIT.

4. Therefore, your ONLY OPTION is to leave the country (asap, to avoid the bad look in regards to your future new ED application) and come back on a visa exemption (or another short term visa), then go back to your school and re-apply for a totally new ED visa through them..

It takes 3 weeks of a procedure to a school to get you an ED visa, so don't waste time once you come back to Thailand.

I've had 3 "consecutive" ED visas myself.

If you have any questions, just hit me up.

Take care.
Dan ********
Dan ********
Eric Speed ED visas currently 5-6 weeks processing time, I am told this week by two schools. The 90 days renewals are done IN COUNTRY at local immigration, maybe this changed due to covid.

In my opinion, you should look to take a border bounce tour (out/in same-day) with an agent, getting 45 days currently on visa exempt, and get a new visa application in asap (but first I'd make an enquiry to confirm your current application will be cancelled)
James ***************
James ***************
When my cambodian fiancé applied for ED visa a few years back she could only apply from outwith Thailand. Came to Thialand on 60 day tourist visa and the school supplied all the necessary paperwork to apply for her ED visa at Thai consulate in Phnom Penh. Not sure if actially ok now to apply from within thailand or is yet another income stream for certain establishments.
Dan ********
Dan ********
@James **************
this changed during covid, I guess to keep the schools in business and teachers/admin in jobs, and certainly does provide a new income stream for all establishments involved.
James ***************
James ***************
@Dan *******
- yeah thats understandable and a good move. Lets hope they keep it that way.
Mart ******
Mart ******
You sure he's a researcher?
เจสัน ******
เจสัน ******
I sincerely hope you get this awful mess sorted out ASAP.

It can't be good to have an adverse stamp of any kind in one's passport.

It only costs, I believe 3k (THB), for a multi entry permit?

However one can renew a "visa" on the day of "expiry" (as it doesn't cease until midnight).

Maybe encourage your partner to set a reminder in his mobile phone calender to prevent this happening again?

Good luck to you both, Merry Christmas.
Will ************
Will ************
If he gets caught via a spot check then it’s a 5yr ban.
Bennett ********
Bennett ********
OP
Thank you all! Advice much appreciated!
Ken ********
Ken ********
@Bennett *******
try to ask Todd Daniels, he may know. Not sure if hes in this group or not
Dylan *********
Dylan *********
Overstay should always be avoided. Even for 2 days, it might not be a problem at first hand, however it will bite you over time.
Preeda ****************
Preeda ****************
First, see if immigration will grant extension (30 days, 7 days... whatever may be allowed)

Why can he not do a border bounce and enter on a new VOA tourist visa? Fly out to Phnom Penh... my cheapest option.
Bennett ********
Bennett ********
OP
He's concerned that if he border bounces & obtains a NEW visa on arrival, the school will have to totally restart the Ed visa application. That's the hesitation on flying out.
James ***************
James ***************
@Bennett *******
- ED visa are suspended at the moment.
Bennett ********
Bennett ********
OP
@James **************
He's been working at this university since Jan 2022. This is simply a renewal.
Henry *********
Henry *********
@Bennett *******
The Ed visa extension is finished now, so I don't think he has any choice but for the school to restart the process again. I wouldn't overstay, so he'll probably have to return to Taiwan and apply for a new Ed visa there. Unless the school can somehow do this in-country.
Preeda ****************
Preeda ****************
@Bennett *******
I'm not sure...it's a question to ask immigration.

Is the Ed Visa tied to the VOA?

The other consideration is Effort Expended on new ED Visa vs. Overstay Risk.
Steve ********
Steve ********
@Preeda ***************
A VOA cannot be extended, and the 7-days is a concession to get out of the country. I don't think there's any way a 7-day to leave stamp can be ignored. You must leave
Preeda ****************
Preeda ****************
@Steve *******
Correct. He needs to be careful with the 7 day extension.

Ultimately he needs to ask immigration

Rules change and each passport differs.

**************************************************************************************************************
*******
/thailand-grants-visa-extension-for-tourists-to-stimulate-upcoming-high-season/
Garrett ***********
Garrett ***********
He CAN apply for an extension, it will be denied because VOA are not extendable but he'll be given an extra 7 days.
Steve ********
Steve ********
@Garrett **********
It's "get out of the country in the next seven days". You must leave, irrespective of what's happening with other visas.
Alistair **********
Alistair **********
@Steve *******
that's how I understood it as well, that you couldn't apply for any other visa or extension
Steve ********
Steve ********
@Alistair *********
You're correct. I'm not going to debate with Garrett but a "7 day to leave" stamp is non-negotiable. Also, although the stamp actually means nothing to Thai immigration, it can have adverse effects when applying for visas in other countries, as some view it as some form of visa violation "EXTENSION DENIED. LEAVE THE COUNTRY WITHIN SEVEN DAYS" doesn't look too good in your passport!
Garrett ***********
Garrett ***********
@St***
I understand that's what you've written, but I don't believe that to be correct.
Steve ********
Steve ********
@Garrett **********
The 7 days is to leave the country. It can't be replaced with another visa or extension
Garrett ***********
Garrett ***********
@Steve *******
I don't believe a "7 day extension denied" stamp changes anything related to incountry visa processing.
Greg ******
Greg ******
Obvious thing is to stop traveling outside Thailand until the visa situation is sorted. That’s the price for the mistake. Once he gets his new visa get a re entry permit properly.
Shane ************
Shane ************
@Greg *****
dont be a skinny little b it ch
Marc ********
Marc ********
@Greg *****
You don't say🤡
Richard ******
Richard ******
@Greg *****
I think he wants advice not a lecture
Braulio *********
Braulio *********
@Richard *****
He created his problem. Greg’ advice is well taken.
Richard ******
Richard ******
@Braulio ********
I think he has probably learnt from his mistake.
Bennett ********
Bennett ********
OP
@Greg *****
He inadvertently did not obtain the re-entry permit because he didn't realize it was required. He went to visit his 90-year-old father he hasn't seen in 2 years b/c of covid. So it was a mistake. And he doesn't want to fly out now - only his visa is expiring. It's not idle pleasure travel, he just made a mistake.
Greg ******
Greg ******
@Bennett *******
oh maybe I misread, I thought he was planning to exit the country again while they’re processing his new education visa. That’s why I’m saying don’t leave, let them finish. I am not 100% sure but I’m pretty sure that as long as Thai immigration is aware he’s getting his new visa he can just stay until they finish processing his new one.

Whatever move you make, inform the school first that’s doing the paperwork for him. Don’t leave abruptly or mess with the process until his new visa is 100% done, then if he ever needs to go he can do so with a re entry permit. The school should know if they have enough time and if it’s okay or not, especially if they started the processing already.
Paul ********
Paul ********
@Bennett *******
Unfortunately, no matter how noble the cause, immigration views it the same.
Phil ******
Phil ******
@Bennett *******
doesn't matter. Thai immigration don't really care so he will need a new visa now.
Alistair **********
Alistair **********
Is it a VOA or a Visa Exemption? Has he extended it for 30 days?
Bennett ********
Bennett ********
OP
Alistair **********
Alistair **********
@Bennett *******
overstay stamp
Alistair **********
Alistair **********
@Bennett *******
it's not great to overstay, but the risk is being caught by the police, then you get banned even on one day overstay. If you go to immigration whilst on an overstay, you get a stamp in Thai in your passport, but unless you overstay more than 90 days you don't get banned.

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