More than 100 foreigners have been caught out by the scams, with two companies in Phuket having formal complaints filed against them by victims: Phuket Siam Corporation Company in Koh Kaew and Asia Titan Group on Thepanusorn Rd in Wichit.
A group of the victims were called to a meeting at the main Phuket Immigration Office in Phuket Town so officers could “hear their problems” and explain solutions, one of the attendees told The Phuket News.
“If the victim is under 90 days overstay and they have had their passport returned [from the relevant visa company], they must first file a police report. If the payment was made to Siam Corp, then the police report must be filed in Phuket Town. If the payment was made to the Titan Group, then the report must be filed with Wichit Police,” the group representative explained.
“Then they must take the police report to Phuket Immigration and pay the B500 per day fine, up to the maximum B20,000 for overstay,” she continued.
“They will be given a two-month COVID visa according to their last stamp. This can only be done before July 25 as COVID visa extensions will no longer be issued thereafter,” she added.
“They will not have to travel to cross a border. They will not have any problems with their status when they renew their visa next time.”
However, victims who have not had their passport returned by the visa company will not have the same conditions applied.
“We were told that if you do not have your passport, they cannot put your status on hold even though you have made the reports to both police and immigration,” the representative said.
The explanation given was that without a passport in hand, immigration officers had no passport into which they could enter a stamp.
Foreigners stuck without a passport because the visa company had failed to return them must apply for a new passport, immmigration officers advised.
Foreigners who have applied for a new passport ‒ and have already filed a police report ‒ will not be arrested while on the streets, the representative said the group was told.
Any victims without their passport returned who do not have enough time to apply and be issued a new passport will have to leave the country. Immigration officers advised the foreigners to obtain an Emergency Travel Document from their embassy in order to leave the country.
“They will fall into the 90-day overstay and face the current reality [law] that their names will be entered into the immigration system that they have overstayed and face a one-year blacklist of entering back into Thailand,” the representative said.
Even those who have had their passport returned, without the visa extension as promised by the visa companies, and have overstayed by 90 or more days will also see no mercy.
“Everyone who has overstayed 90 or more days will have to pay the B20,000 fine and will need to leave Thailand,” the representative said.
“They will be blacklisted for one year. If they want to join the lawsuit against the company they must first make the police report, then find someone to represent them in court and be prepared to leave Thailand.
“No time frame has been given before they have to leave Thailand. I assume that according to Thai law they need to leave the same day you pay your overstay,” she added.
PUBLIC SILENCE
At time of press, Phuket Immigration and its superintendent Col Thanet Sukchai had yet to give any public statements or give any advice or explanations to victims about what penalties they may face.
The move to enforce the expulsion from Thailand and blacklist penalties for 90-day overstay is the first time they have been reintroduced since they were suspended during the COVID pandemic, when travel out of Thailand was nigh impossible.
The meeting at the main Phuket Immigration Office in Phuket Town last Friday came after Phuket Immigration issued its sole public notice recognising the situation.
The notice urged any foreigners affected by a visa broker or visa renewal agency, by taking their passports, and their money, but failing to have their visa stays extended on their behalf to contact the Phuket Immigration Help Center at 086-4077763 or 076-221905 ext 10.
The notice asked foreigners to have the following documents prepared before contacting the Help Center:
- Passport or copy of passport
- Evidence of action against the company/agent about the visa
- Evidence of legal proceedings such as documents, reports etc (if any)
- Other related information
“Foreigners may file a formal complaint through the hotline or make an appointment to receive assistance,” the notice read.
While the scale of the problem has been largely ignored while being played out on social media channels in English, the news of the widespread scam has made its way into mainstream Thai-language news.
Of note, ThaiPBS in their report marked that money defrauded from foreigners by the visa companies by not providing the solicited service amounted to as much as B3 million.
STALLING
Phuket City Police Chief Col Sarawut Chuprasit last week vowed to prosecute visa agents who have deceived tourists.
However, as of last Friday (July 1), representatives from the Siam Corp visa company had yet to present themselves at Phuket City Police Station.
Victims were told last Friday that police had to first request the company representatives to present themselves. If the request were ignored, police could then issue a summons for representatives to present themselves. If the summons were ignored, police could then move to have arrest warrants issued.
The delay in action is contributing to the problem, the group representative told The Phuket News.
“Many of the victims are still under 90 days’ overstay. They should be able to sort their problems out and become legal again. But without their passports… [that cannot be done],” she said.
“Despite that over 100 people have filed police reports, the process has not been expedited, so many people who have not had their passports returned have no way of getting them back,” she said.
Kurt | 10 July 2022 - 13:22:32