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Will my husband be allowed back into Thailand after an overstay of exactly 90 days?
Jun 22, 2023
3 years ago
Lily ********
ORIGINAL POSTERRanting post and seeking for advice :
Hi all, I’m Thai. My 52 year old Scandinavian husband and I are legally married for 12 years. He’s been living in Thailand in the past 15 years with his work permits. We never talk about his visa situations.
But now we do!
As far as I know since the start of the pandemic , he couldn’t renew his work permit so he has been staying in Thailand with the extension stamps and visa runs.
▪️A few days ago…
My husband just told me “Oh! I just calculated my overstay period, today is exactly 90 days. I need to go to Pedang Besar immigration and pay 20,000 fine. Sure, I financed his trip and gave him the money for the fine, go ahead and sort it out.
▪️At Pedang Besar immigration,
He paid the ฿20,000 fine. A friendly officer recommended him to stay in Malaysia near the border for two nights and return to Thailand. He was relieved.
▪️This morning…
My husband went to the immigration meeting the same officer who told him that “I’m sorry we made a mistake, your overstay is exactly 90 days so we can’t let you cross the border here. You should fly back to Thailand instead.
▪️Now he is staying in a hotel near Penang airport checking his best options, contacting a legal advisor before taking any action.
🔴Questions:
- Is he really going to be allowed back to Thailand at Suvanabhumi airport if he decides to fly in tomorrow?
- Is it more likely that he will be ban for one year?
Has anyone ever overstayed for 90 days and returned to Thailand shortly after? Can you please share your experience.
🫄🏻We are expecting the second baby in September and now I’m so furious at him that he can be such an ignorant and let his visa situation come to this point!!!
I hope I will not have to take care of the new born baby and a 6 year old on my own here.😫
Any suggestions or legal help recommendations will be appreciated.🙏🏻
Hi all, I’m Thai. My 52 year old Scandinavian husband and I are legally married for 12 years. He’s been living in Thailand in the past 15 years with his work permits. We never talk about his visa situations.
But now we do!
As far as I know since the start of the pandemic , he couldn’t renew his work permit so he has been staying in Thailand with the extension stamps and visa runs.
▪️A few days ago…
My husband just told me “Oh! I just calculated my overstay period, today is exactly 90 days. I need to go to Pedang Besar immigration and pay 20,000 fine. Sure, I financed his trip and gave him the money for the fine, go ahead and sort it out.
▪️At Pedang Besar immigration,
He paid the ฿20,000 fine. A friendly officer recommended him to stay in Malaysia near the border for two nights and return to Thailand. He was relieved.
▪️This morning…
My husband went to the immigration meeting the same officer who told him that “I’m sorry we made a mistake, your overstay is exactly 90 days so we can’t let you cross the border here. You should fly back to Thailand instead.
▪️Now he is staying in a hotel near Penang airport checking his best options, contacting a legal advisor before taking any action.
🔴Questions:
- Is he really going to be allowed back to Thailand at Suvanabhumi airport if he decides to fly in tomorrow?
- Is it more likely that he will be ban for one year?
Has anyone ever overstayed for 90 days and returned to Thailand shortly after? Can you please share your experience.
🫄🏻We are expecting the second baby in September and now I’m so furious at him that he can be such an ignorant and let his visa situation come to this point!!!
I hope I will not have to take care of the new born baby and a 6 year old on my own here.😫
Any suggestions or legal help recommendations will be appreciated.🙏🏻
TLDR : Answer Summary
A Thai woman discusses her husband's recent visa troubles after he overstayed in Thailand for 90 days. Despite paying a fine at the Malaysian border, immigration later informed him he can't re-enter Thailand through that border and should fly back instead. She is anxious about the potential for a re-entry ban and seeks advice, sharing her frustration with her husband's negligence regarding visa regulations. Commenters provide insight into possible outcomes, previous experiences, and suggestions for obtaining a non-O visa or using a visa agent for assistance.
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Torben **********
You can do that at the Thai consulate in Penang. It takes 1 working day if you full fill the requirements
Nongnuch ********
is this an update? This happened last year 🤔
Pertti *************
Updates?
Lily ********
ORIGINAL POSTER@Pertti ************
Hi! My husband went to get a non-O visa based on marriage from Suvannakhet. Then he flew to meet me and my son in Tokyo while we were on holiday and we flew back to Bangkok together. All went well. Thank you for the tips from @Brandon ***********
🙏Reply to
Lily ********
Reply
Nabila ****
+
Robert *********
You guys are legally married. The glaring question that comes to my mind is why he did not apply for the spouse visa in those 12 years?? 🤷♂️Maybe now will be a good time to do it!
Robert *********
I also have a buddy that’s over 50! Once he got divorced from his Thai wife he lost his spouse visa, so I admit he had to “game” the system there for a short time and bide his time until he reached the minimum retirement age of 50 for the retirement visa. He’s now on that and living Very happy in Bangkok. This Scandi guy is 52, he could do the very same thing, and again not have all these problems but noooooooooo these dodgy ex-pats in Siam NEVERRRRRR think things forward and never anticipate the future. Oh well!🤷♂️
Garrett ***********
@Robert ********
Why should he have?Robert *********
@Garrett **********
are you seriously gonna ask that question?? After all the hell and jumping around and trying to game the Thailand visa system as he’s been doing??! You seriously didn’t just ask me that, bro!🤷♂️Garrett ***********
If your reading skills were on par with your eating skills, you wouldn't be arguing with me.
Robert *********
@Garrett **********
haha. Oooooh really got me there. I’m pointing out exactly what is in the article and you’re choosing to intentionally ignore it. Whatever.Robert *********
Find it laughable how you intentionally keep deflecting. My main point and the total point is: Had he had a spouse visa he would’ve not had any of these problems. Duh.
Garrett ***********
@Robert ********
She said he had a work permit for the last 15 years he was here, so I assume he was on a Non-B. Why wouldn't he stay on his Non-B? Gaming the system?Robert *********
@Garrett **********
“couldn’t renew work permit, so he had to make visa extensions and border runs.” Did you even read the article completely??! Sounds a lot like gaming the system to me…🙄Robert *********
@Garrett **********
ahem…..”visa border runs” do not indicate that he had legal visa status otherwise he would not have to make those runs. Are you intentionally being obtuse??!Robert *********
No, no, you’re absolutely right. He should continue to fly by the wire and game the immigration system and get on the blacklist all because it’s not necessary for him to get spouse visa because he’s married to a Thai person. I don’t know anything, sorry!
Reply to
Robert *********
Reply
Barrie *********
The fact that you are married and have children surely counts for a lot ..they can’t separate a family for this ..it’s illegal
Lily ********
ORIGINAL POSTER@Barrie ********
Thank you for your comment.Reply to
Lily ********
Reply
Paul ********
He surrendered and paid the fine. If you get caught overstaying, its a huge problem. I have a buddy currently in IDC cos he forgot about his visa. Good luck.
Paul ********
He should be OK.
Daniel **********
So have a bad stamp in his passport and he stay in Malaysia right ???? ...Go right to Police and declare LOST passport.......then ask a new passport in the Ambassy .......will take some time of course.......But he will come in Thailand whit a CLEAN passport - i dont believe he is Blacklisted for 90 days overstay....The law say Over 90 days ..... Good luck to him and you familly .
Mike ********
Sorry about the situation. It will be sorted out, but not without the anxiety. Too many post on this forum for overstays....blows me away. Put the dumbass farang on indentured servitude status for life after this is behind you
Thomas *******
Oh, the irony is palatable
Pascal *****
run.... 🤣😭🏃😂
Anna ********
Seems he made it just in time, praise The Lord! Was not more than 90 days!
Maxim ***********
90 days+ = ban for 1 year. BUT... it's exactly 90 days so he might get lucky at the airport. BUT... he need to avoid Suvanabhumi airport, as they are ruthless with cases like your husband. I suggest that he fly to Phuket and you meet him there and you try to talk to officer yourself and explain the situation with the kids, etc. You might have to beg... but you have to do what you have to do...
Brandon ************
@Maxim **********
Phuket is just as bad as Bangkok. I don't think they're going to let him in as a tourist in any case. Excuse or not. He needs to get a non-OMaxim ***********
@Brandon ***********
Non-O won't change anything in BKK airport, they are annoying af with cases like OP. He could land entry from Laos, very easy on visa exempt entry. I think if he was over 90 days they would have said so upon leaving, so he probably got lucky.Brandon ************
@Maxim **********
non-O means you have permission to live in Thailand. They might give him a hard time but the chances of being denied entry are almost 0Maxim ***********
@Brandon ***********
I haven't try BKK entry since 2016. I'm not messing around with that airport. +, we don't know if the work permit he usually got was with an agent or not.Reply to
Maxim ***********
Reply
Stefan ************
I had bad experience at Pdg. Besar before, even with a valid visa.
Jaap ************************
@Jeremy *******
he didn’t overstay more than 90 days..‘just’ 1 day (now maybe 2 or 3). So a ban for 1 year is not in placeAri **********
@Jaap ***********************
, if catch outside airport, one day is 5 years banJeremy ********
@Jaap ***********************
I guess I read her bullet different than you... This morning…My husband went to the immigration meeting the same officer who told him that “I’m sorry we made a mistake, your overstay is exactly 90 days so we can’t let you cross the border here. You should fly back to Thailand instead.
Reply to
Jeremy ********
Reply
Robin *******
@Srini *****
It states what happens for “less than 90 days”, and what happens for “more than 90 days”, but leaves what happens for “exactly 90 days” overstay as being unspecified.Srini ******
@Robin ******
Probably since over 90 is a ban for a year maybe anything under or equal to 90 is not subject to a ban. But that's too logical.Robin *******
@Srini *****
One needs to see and read the Thai original. Could well be a less than perfect translation…Reply to
Robin *******
Reply
Lye **********
Just curious. How does he renew his work permit for the past 15 years if he didn't renew his business visa? And if he did renew his business visa, why would he needs Covid extension and visa run? Hahaha. Are you sure he's been working the past 15 years?
Peter *********
1 year ban Thailand 🇹🇭 I am afraid stupid falang
Mark ********
@Peter ********
No ban for 90 days and under unless arrested and deportedPeter *********
@Mark *******
exactly 90 days if you read post ?Mark ********
@Peter ********
90 days and under....no banReply to
Mark ********
Reply
Peter *********
@Mark *******
yesReply to
Peter *********
Reply
Thomas *********
I let my Thai wife manage my visa situation. I don't do a thing. Good luck.
Martin *****
Probably the only solution is a visa agency to help him out. Probably not cheap but he caused the problem himself with the overstay. Good luck with this situation
Frank **********
I would be mad at him too. He sounds like an idiot.
Thomas *********
@Frank *********
fark offFrank **********
@Thomas ********
never heard of a farkReply to
Frank **********
Reply
Miles ***********
I'm sorry to hear. But how could he do this to you.
Thomas *******
Thomas *********
@Miles **********
stop putting sh1t on peopleReply to
Thomas *********
Reply
Alex *******
Normally when one is blacklisted due to an overstay the immigration officer has to go through a procedure to add the person to the blacklist and give him a paper w the notice of overstay and a ban of X amount of time. I would suggest trying a different land border before attempting using the airport.
Mark ********
@Alex ******
No ban under 90 days unless arrested and deportedReply to
Mark ********
Reply
Patrick ********
I was questioned by a “supervisor” at Suvarnabhumi for previously holding an ED visa and a few tourist exemption stamps - never overstayed, but I can’t see any immigration officer just happily stamping that one in 😐 Brandon’s advice above seems the best option โชคดีนะครับผมหวังว่าเขาจะกลับมา 🙏🏻
Ari **********
Anglothailegal.com
Just tell you situation in contact form. They answer first without cashing
Just tell you situation in contact form. They answer first without cashing
Lily ********
ORIGINAL POSTER@Ari *********
Thanks a lot for your recommendation Ari.🙏🏻Reply to
Lily ********
Reply
Us *****
Wait a minute! You're Thai and you financed and gave a farang 20k. Now I have heard everything in Thailand.
Antanas *************
@Us ****
yeaa it’s not your business man it’s personal it was very rude from you …Antanas *************
We can’t judge we don’t know it’s a personal life. We weren’t live with those people. We just can help about woman question if we can that’s it Bro …
Milan *******************
@Antanas ************
I think it’s a normal question. Entrepreneur or not, if you can’t afford 20,000 how can you afford a good life for your 2 kids and wife. Just saying..Reply to
Milan *******************
Reply
Phil ******
@Us ****
my wife and I regularly do thisLily ********
ORIGINAL POSTER@Us ****
Sure, my husband is an entrepreneur with irregular income and so am I. We are family so we take each other for better or for worse, for richer and poorer, don’t we?Neal *********
@Lily *******
@Us ****
is a grade A loser. He has nothing constructive to say on here about anyone All he does is mock people be sarcastic and not offer any good advice.Reply to
Neal *********
Reply
Brandon ************
If he actually overstayed for exactly 90 days he shouldn't receive a ban. They would have done that when he exited the country I believe.
That being said, I don't see him getting in at the airport. They're going to see his history of living in Thailand without a long term visa and his overstay and know he's up to no good and likely to overstay again.
I'd say you have 2 options. Have him apply for a non-O visa based on being married to a Thai at a Thai consulate before he returns, or have him contact an agent that offers VIP entry at the airport. The agent will ask for his entire history and if they can get him in they will say what the price will be. The price varies based on the past history.
I believe Savannakhet in Laos offers the 1 year multiple entry non-O for people married to Thais if you don't want to do the in country extension showing 400,000 baht in the bank. It just requires a border bounce every 90 days.
If you want to try the VIP entry to give yourself time figure out a plan, contact Thai Visa Centre - visa agent and they can advise if possible and the price.
That being said, I don't see him getting in at the airport. They're going to see his history of living in Thailand without a long term visa and his overstay and know he's up to no good and likely to overstay again.
I'd say you have 2 options. Have him apply for a non-O visa based on being married to a Thai at a Thai consulate before he returns, or have him contact an agent that offers VIP entry at the airport. The agent will ask for his entire history and if they can get him in they will say what the price will be. The price varies based on the past history.
I believe Savannakhet in Laos offers the 1 year multiple entry non-O for people married to Thais if you don't want to do the in country extension showing 400,000 baht in the bank. It just requires a border bounce every 90 days.
If you want to try the VIP entry to give yourself time figure out a plan, contact Thai Visa Centre - visa agent and they can advise if possible and the price.
Lily ********
ORIGINAL POSTER@Brandon ***********
Dear Brandon, May I ask you a question regarding this matter?We are going on to Tokyo next week. (This trip was booked months ago). My husband is still in Penang now, and he will buy a new ticket to meet us in Japan.
We are considering the possibility for his return to Thailand:
▪️Option 1. After the Tokyo trip, he gets a new ticket Tokyo-Laos to get the non-O based on marriage from Suvannkhet. Then back to Thailand by himself.
▪️Option 2. Return to Thailand together as a family with tickets we bought originally. My husband will try to enter without the non-O visa. Then once in the country, we process the marriage visa. Would the immigration officer seeing us together helps the matter?
I was wondering which option would be best for our situation.
Brandon ************
@Lily *******
I doubt seeing you together will make a difference. You just need to decide if you want to take the risk of trying to enter without a non-O if you want to try option 2.
The risks are he could be denied entry and get a stamp saying so in his passport. This could effect him when trying to enter Thailand in the future or trying to enter other countries also. So that would be another bad stamp in addition to the overstay stamp he already has.
If he's denied entry they can also force him to fly back to his passport country at his expense. If they let him fly elsewhere is up to the immigration officer. They can require whatever they want as part of denying him entry.
Lily ********
ORIGINAL POSTER@Brandon ***********
Thank you so much Brandon for your helpful advice. I’m sorry for having to trouble you with another question. Once he gets the non-O based on marriage from Suvannakhet and come back to Thailand, can we deposit 400K and leave it in his account for 2 months then apply for his visa extension right away so he doesn’t need to keep bouncing every 90 days for one year? It would be inconvenient to travel often after the birth of the second baby.
Brandon ************
@Lily *******
yes you can do that. If that's your plan it's best to just apply for the single entry non-O visa instead of the multiple entry one.Reply to
Brandon ************
Reply
Lily ********
ORIGINAL POSTER@Brandon ***********
I appreciate your helpful advice. Thank you.🙏🏻Nick *******
@Lily *******
let him fly to Laos indeed Savannakhet. Get him the one year Non-O based on marriage. For all the required documents visit the website of the Royal Thai Embassy in Savannakhet. After that he can just do the border cross with Mukdahan. This is by far the safest option if he wants to avoid getting interviewed or denied entry by immigration at BKK airport.Lily ********
ORIGINAL POSTER@Nick ******
I already passed your advice to him. Thanks a lot Nick. 🙏🏻Reply to
Lily ********
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