
BritTim
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Everything posted by BritTim
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It is often possible, but a high risk strategy. I do not recommend it unless you are experienced in sizing up officials. For the future, have the phone number of an immigration lawyer in Phuket. If denied entry state that you wish to contact your lawyer to issue an appeal pursuant to Section 22 of the Immigration Act using form TM11. Just saying that might be sufficient for them to reverse their decision. If necessary, call the lawyer and explain the situation.
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He could. If so, avoid the road crossing at Pedang Besar. Expect an uncomfortable ride from the officials entering at Sadao, but likely to be ultimately successful. In his situation, I would be extremely risk averse at this stage. A second denied entry stamp looks really bad.
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Yes, it will. They will be aware of the denied entry. Depending on the reason they cited under Section 12, take evidence that what they stated was false, and enter somewhere that is strict in following the law. I already suggested the safest route (fly Air Asia to Vientiane and enter via the Friendship Bridge to Nong Khai). You can then fly back to Phuket from Udon Thani airport (the domestic flight does not involve immigration).
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He is probably in Penang, and you will not find a Thai immigration office there. Any appeal, to have any practical meaning, has to be made at the airport immediately after the airport immigration official states his decision. You are not told of your right of appeal.
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You can return immediately, with the SETV you already hold, if entering through an entry point that follows the law. Airport immigration has absolutely no business overruling the decision of Penang consular officials to issue you a tourist visa. By the way, your denial of entry stamp contains a "reason" under Section 12 of the Immigration Act for the denied entry. They use Thai numerals, but if you have a Thai who can tell you which reason they cited, that would be interesting. In most cases in the past, they claim that you have no visible means of support for your stay in Thailand (code for they believe, without evidence, that you are working here without a work permit). They tell you the real reason, but this is not a valid justification for the denied entry.
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Your understanding of what should happen is correct. Once you have a visa, the airport officials should only deny entry based on the reasons specified in Section 12 of the Immigration Act (which they probably pretended they did). There were sporadic reports of improper denial of entry with a visa at some airports (especially pre Covid) including at Phuket and the two Bangkok airports.
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Like many who use agents, you do not understand the stamps in your passport. You are currently in Thailand on a one-year temporary extension of your permission to stay based on retirement. The 90-day reports are a completely separate issue from your permission to stay. You must ensure that your permission to stay is extended again prior to its expiry. Separate from that, continue to do your 90-day reports (that are not directly connected to your permission to stay).
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Fly to Vientiane and enter immediately by land using the valid visa. Phuket immigration had no business denying your entry with a valid visa on those grounds. The denied entry stamp might cause you grief in the future, but it does not stop you from immediately trying to enter again.
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I would not worry. They probably have assigned your case low priority as it is a long time until you actually need the visa. Since you applied from home country, it will not matter if you are actually elsewhere when they finally get around to emailing you the visa.
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As is often the case in Thailand, officials will try to avoid doing work. The fact is that essential stamp transfer can be done at any airport, land crossing or immigration office, in general, if this is a prerequisite for some other immediate action. What they should not do is transfer stamps that were not issued by them, and which remain valid in the old passport (though that can often also be arranged if the officials agree). The rules on this are complicated, and immigration's computer system will sometimes try to prevent actions that, in theory, should be allowed.
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I do not think you will get that stamp terminating the previous work extension without some cooperation from your old employer. Immigration will want to verify that you left the country when your previous employment ended. Many people assume that they can stay on a work extension until it expires without being employed, but that is not the case. If your relationship with the old school is good, explain the situation to them, and try to get a letter from them specifying the date you left Thailand as the last day working for them. You may also want to ask the local Labour office (I mean local to your old school) for advice on resolving this.
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800000 BHT for immigration
BritTim replied to fulhamboy's topic in Thai Visas, Residency, and Work Permits
If you think about it, the "immediate" cancellation of the permission to stay does not occur when you drop below those limits. If it did, then people who accidentally had their account drop short (and had their next extension refused) would be regarded as on overstay, subject to a 500 baht per day fine, and blacklisted from Thailand. We know that, thankfully, that does not happen. -
That does seem rather long. What date did you specify as your intended day of arrival in Thailand?
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At a land crossing, you must actually enter the other country before returning to Thailand. At some crossings (notably all those with Laos and Myanmar) you can turn around and return immediately. At others, you are supposed to stay at least one night, but can often pay a bribe to be allowed to return the same day. By air, you also should enter the other country officially before returning to Thailand. However, when faced with a late arrival of my flight from Thailand (and worried I would miss my booked return flight) I have gone through the line for connecting flights, and returned to Bangkok without being hauled up for this. I think it is not supposed to be allowed, but is tolerated in practice. If you have a multiple entry Non O visa, you should have no problems using this an unlimited number of times without gaps in between. The only exception is when using the rogue land crossing from Poipet to Aranyaprathet. With a multiple entry tourist visa, it is prudent to enter by land (not at Poipet/Aran, of course). Although I recall no recent reports, historically, there have been some denied entries at some airports where the immigration officials disagreed with an embassy's decision to issue you a tourist visa.
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change marriage visa after divorce
BritTim replied to tingtong's topic in Thai Visas, Residency, and Work Permits
If willing to stay officially married, but not wanting to live together, only a bit less convenient is multiple entry Non O visas from Savannakhet. There is no requirement, when using these, for you to cohabit with your wife. -
If leaving by air, allow extra time at the airport. You will need both your new and old passports. The officials will transfer some information from the old passport and stamp you out. If you have an existing permission to stay that you want to protect, in addition, you will need a re-entry permit if you do not have one in your old passport. You can purchase a re-entry permit at the airport. If not leaving via Suvarnabhumi, ensure you have a photo for the re-entry permit application.
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Would you care to explain the purpose of the very official TM87 and TM86 forms specifically designed to apply for a visa at an immigration office? You can go to almost all immigration offices in Thailand and use those forms. Perhaps, you believe that these were simply created by corrupt immigration officials, and the under consideration period (where your application is scrutinised at Division headquarters) is simply a clever scam to allow the corrupt agents and officials to extract more money. They very cleverly also have an official price list which lists the visa at 2,000 baht, and produce a very official looking receipt. To me, that nationwide conspiracy looks like a great deal of effort to go to for a measly 2,000 baht each time.
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O-A retirement medical insurance
BritTim replied to Jai Dee 962's topic in Thai Visas, Residency, and Work Permits
Most immigration offices impose the insurance requirement if you entered on a Non O-A visa, regardless of when the entry was made. Phuket is one of the few offices that does not. -
change marriage visa after divorce
BritTim replied to tingtong's topic in Thai Visas, Residency, and Work Permits
According to my reading of Reason 2.18 in the Police Order on extensions of temporary stay, both 2.18 (4) and 2.18 (5) apply. If so, you can only use a Thai son as the reason to stay if your son is under age 20, and you are staying in the same household. You also need to show 400,000 baht in the bank on the date of application. However, others disagree with me vehemently, and believe a Thai child living with the alien (in 2.18 (4)) was a scrivener's error with the real intended meaning is an alien child living with a Thai parent. They presumably believe you can be living anywhere, and the age of the child is irrelevant. Here is the whole of Reason 2.18 (which everyone seems to agree is the relevant Section: You could read it carefully and see what you think it means. Note that the "or" between 2.18 (4) and 2.18 (5) is not implied in the original Thai version. I think the translator erroneously added that. 2.18 (5) adds conditions for some who qualify under 2.18 (4) and 2.18 (6) adds conditions for 2.18 (3) In the end, it will be the interpretation of the Thai officials reading the Thai version which counts. You need to ask them. Meanwhile, is there any member who has successfully applied for a one-year extension of stay (not a visa at a consulate, or 60-day extension to visit) based on being the parent of a child over 20. I have not, though I know of two cases where an elderly foreign father successfully received an extension to be under the care of an adult Thai child. -
change marriage visa after divorce
BritTim replied to tingtong's topic in Thai Visas, Residency, and Work Permits
If you have an extension of stay based on marriage, this is correct. Your permission to stay based on marriage ends on the day your divorce is finalised. However, the rules with a Non O visa from an embassy/consulate are different. An entry using a single or multiple entry Non O visa issued while you were still married is still permitted, and gives you a 90-day stay. -
Extension of Stay just after trip abroad.
BritTim replied to edwinchester's topic in Thai Visas, Residency, and Work Permits
If your extension was based on retirement, you could do it before you left. Because of the "under consideration" period associated with a marriage extension, this would be too risky. Get a single entry re-entry permit and do the extension after your return. -
It is only necessary if you cannot satisfy all the rules now needed to open a bank account normally in Thailand. For those working and with a work permit, it is easy. Otherwise, you probably cannot meet the official requirements, and need to sweeten the deal by agreeing to purchase the insurance (where the bank employees get a small commission). Even then, only a few branches will play.