Thai lawyer shares experience how he helped a Filipino who overstayed his visa

Thai lawyer shares experience how he helped a Filipino on visa overstay


A Thai lawyer shared on Facebook his post from last year about his unforgettable experience in dealing with a case involving a Filipino arrested in Kanchanaburi on visa overstay.

Part of Mr. Patcharapon’s caption of the reshared story reads: “It’s been a year. The Filipino arrested that day is now in Chiang Mai. We are still talking on Facebook. Friendship happened that day.”

In his original post dated 19 November 2018, Mr. Patcharapon (Thai Lawyer) narrated the story on how he was informed of the situation, what he did to help, and what happened after.

The timeline of the event is as follows as posted on Mr. Patcharapon’s (Thai lawyer) Facebook:

1. Thursday night, November 15th at 4 PM, I got a call from a Filipino, (assumed name Mr. A), saying that his friend (Mr. B) was arrested and is now in the police station’s cell.

2. Mr. A stated that on Wednesday, November 14, Mr. B was arrested by police at Kanchanaburi immigration checkpoint for visa overstay. He was then transported to the police station.

3. Mr. A knows that Mr. B is locked up on Wednesday, November 14th. The police allowed Mr. B to contact his relatives and he contacted Mr. A, which is his best friend. After contacting Mr. A, the police didn’t allow Mr. B to use the phone again. Fortunately, Mr. A knows now where Mr. B is being detained.

4. After knowing the whole story from Mr. A, I called the police immediately and, with good luck, the police answered at around 3 pm. (Thursday, November 15th).

5. The police explained Mr. B’s offense. They also informed me that he couldn’t communicate in the Thai language, but the immigration checkpoint has a translator. Mr. B knows his fault. (I realized later that Mr. B didn’t understand entirely what was happening – that he can post bail on the day he was arrested. But he was in the police station’s cell since that day.)

6. After I finished talking to the police, I called Mr. A back and told him that I will go see Mr. B at the police station on Friday morning, November 16th, immediately.

7. From Ratchaburi to Kanchanaburi on Friday, November 16th, I arrived at the police station, met the police, and saw Mr. B’s passport (I haven’t been able to meet Mr. B at that time). I found out that Mr. B is 24 years old and used to be an English teacher in a province. He has a working permit but he overstayed his visa for 72 days

8. Friday, November 16th at 11:00 pm, Mr. B was transported to the provincial court of Kanchanaburi. Today is the day the court will pass the judgment, so I followed the court and went to meet Mr. B at court’s prison cell and reported to the police that I am the lawyer of Mr. B. as well as the interpreter

9. I’ve entered the cell and met Mr. B for the first time. He was in a very pale condition. I’ve introduced myself and told him the whole story as to how his situation came to light. He listened to me intently. He felt so glad. I felt glad too. We talked for minutes more until the visiting time was over.

10. Mr. B confessed and the possible imprisonment of 4 months, as well as a fine of 4,000 baht, is looming. As his translator, I prepared the details and some information from last night. When we appeared in court, the charges said 3,000 baht fine because he was locked up for already two days (500 baht per day less).

11. But Mr. B had to be sent back to the police station and was locked up for another 2 days. It was weekend (Saturday 17 and Sunday 18) so he can’t be sent back to the immigration checkpoint because the time, which was 16.00, limits my capacity to offer more help.

12. Mr. B was imprisoned and without any contact from the outside. But he will be released on Monday, November 19th.

13. Monday, November 19th, I’ve arrived back at the police station to see Mr. B again.
He was released from jail and was then transported to the immigration checkpoint of Kanchanaburi province.

14. The fact is, there aren’t so many cases of Filipino people being arrested at Kanchanaburi immigration checkpoint. Normal cases involve Laotian and Cambodian.

15. Today, Mr. B will be staying at the Kanchanaburi immigration checkpoint for 1 more day and will be transported to the immigration checkpoint in Bangkok for his deportation to the Philippines.

16. The new law stipulates that foreigners arrested in Thailand due to visa overstay will have to pay a fine. However, if they overstay for more than 90 days then it is a serious offense and the result will be deportation and will be banned from visiting again. Mr. B overstayed not more than 90 days. Therefore, he just incurred a fine, but he needs to get a new visa.

17. Everything went well 🙏 but on the way, I knew that something touched me.

18. This is an experience I will never forget.


2 Types of Visa Overstay

1. If foreigners are arrested by metropolitan, provincial or Immigration police, they will be:
– Deported and will be banned from entering Thailand for 5 years

2. In case of surrendering at any Immigration checkpoint or immigration office
– If the period of overstay is under 90 days, they will be fined 500 baht per day but not exceeding 20,000 baht.

Note: Posted with permission from the Thai lawyer himself Mr. Patcharapon (Thai name: ทนายพี พัชรพล).


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