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007 RED

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Posts posted by 007 RED

  1. 46 minutes ago, elviajero said:

    .......No one is privy to all the orders and instructions that border IO's work to......

    I totally agree with this part of your post. 

     

    All too often people quote the Immigration Act (B.E. 2522) as being the gospel.  Unfortunately, more often than not they are either not aware, or they tend to forget, that there are a plethora of Ministerial Regulation and Orders that have been attached to the Act since it came into force each of which can impact on the decisions made by the IO.

     

    The problem for us plebs is that although notification of the Ministerial Regulations are published in the Royal Gazetteer, it is very rare that the actual contents are made public.

     

    However, if you go to the Immigration website https://www.immigration.go.th/order you will see listed some 76 Immigration Regulations that are available to IOs and no doubt there are quite a few more hidden away.  Just one slight problem, they are all (with one exception) in Thai. Maybe someone with a little time on their hands could provide a complete translation to enlighten us all.

    • Like 1
  2. 22 hours ago, JackThompson said:

    In the USA and some other countries, the IOs have wide-leeway to wreck people's plans without any reasonable cause. 
    Thai rules are different, so they can only deny those With A Visa for a few very specific reasons.  Some Thai IOs (some airports and the Poipet/Aranya crossing) seem to resent these restrictions, and have been reported to make up imaginary rules to deny entry to those with Tourist Visas, then stamp something different in the victim's passport.

     

    But when it comes to visa-exempt entry, Thai IOs do have a wider legal latitude to deny entry, so for those staying for longer periods, visa-exempt entries are best made not at all, or only at a land border (other than Poipet/Aranya).  Personally, I never entered by air, even with a Tourist Visa and 20K Baht in cash, after I had a longer series of stays here.  Why risk it?

     

    Jack… Whist I basically agree with your comment that those arriving with a visa are less likely to be hassled by an IO, as opposed to those who wish to avail themselves of a visa exempt (possibly after having obtained a number of them during a relatively short period of time).

     

    However, regarding your comment above concerning a visa holder being denied entry "for only for a few very specific reasons", I would draw your attention to the Ministry of Foreign Affairs website – Thailand Visa Information http://www.mfa.go.th/main/en/services/4908/15405-General-information.html   In particular to Section 10, which states:

     

    “Royal Thai Embassies and Royal Thai Consulates-General have the authority to issue visas to foreigners for travel to Thailand.  The authority to permit entry and stay in Thailand, however, is with the immigration officers.  In some cases, the immigration officer may not permit foreigner holding a valid visa entry into Thailand should the immigration officer find reason to believe that he or she falls into the category of aliens prohibited from entering Thailand under the Immigration Act B.E. 2522 (1979)”.

     

    The next section, Section 11, then lists the 11 reasons for possibly being refused entry as per B.E.2522 Section 12.

     

    I think that you will find that these reasons for refusal are the same as those that are applied to those hoping for visa exempt.  I would however qualify that by saying that much depends upon the IO and his/her interpretation of the situation at the time.

  3. It appears that the credit/debit card payment authorisation form has been recently modified.  The previous version asked basically the same questions about the card but asked for the "Cardholder's tel. No:"

     

    The OP, and some others, are right to be confused as many people think that payee is the person making the payment, when in fact it is the person/organisation receiving the payment.

     

    I've sent my contact at the Embassy an email pointing out the error and suggesting that 'in the interest of good customer service' they correct their form asap.  I'm holding my breath :saai:

  4. 13 hours ago, Maestro said:

     

    Thank you for posting this link.

     

    Some salient points in the context of this topic:

     

    1. The ICAO (International Civil Aviation Organization) decides on the standard for the biometric information on the passport chip.

     

    2. The ICAO decides what minimum information must be stored on the chip and must be accessible to airlines and immigration officials.

     

    3. Each country issuing biometric passports is free to store whatever additional information they want on the chip and what of that information they want to make accessible to third parties equipped with apposite readers.

    You are quite correct in your summary of the salient points of the ICAO document 9303 Part 9.  However, a couple of point need to be taken into consideration before quoting these as being ‘gospel’.

     

    Firstly, this is the 7th edition of the 9303 document which is in 12 parts.  The part that is being quoted is from Part 9.  In order to make actual sense of the this part of the document I would respectfully suggest that it is necessary to read the other 11 parts so as to put Part 9 into actual context.

     

    Secondly, although the document was published towards the end of 2015 and has been approved by the Secretary General of the ICAO, it has not yet been ratified by the Council.  To that end the document is still subject to further consultations and amendments by the Council Members.  My understanding is that the document is likely to be ratified later this year but it may be another few years before member states are required to fully comply with the mandatory requirement.

     

    If you do read the full document you will note that Part 8 is currently left intentionally blank.  This part of the document will eventually give details of the implementation timescales.

     

    As at this point in time the only information which held on the biometric chip embedded in the passport of over 160 issuing countries is the same as the passport holder’s biographical information (including the photograph) that is given on the page containing the holder’s photograph.  This is as per the ICAO recommendations in their document 9303 5th Edition.

    • Like 2
  5. 17 hours ago, Russell17au said:

    It is nice to hear all about it from a professional immigration officer. I will have to contact the boys back in Australia and tell them that they have been doing it all wrong and that they better contact you to find how it should be done correctly

    Sorry to once again correct you, but I am not a professional immigration officer and never have been.  If you had read my earlier post you would have gathered that I either worked for the NSA or GCHQ.  If you don't know what these are I suggest that you Google them in order to enlighten yourself as to what these organisations do.  I will leave it to you which one I worked for, for over 40 years.

     

    Please feel free to contact your Department of Home Affairs and tell them that they are “doing it all wrong”.  No doubt we will hear their laughter here in Thailand.  However, before contacting the DHA may I again suggest that you Google ‘Australian Passports’ to find out for what information is embedded on the chip.  You will no doubt be surprised to find that the information currently held on the chip is identical to that contained on the coloured page containing the passport holder’s biographical details and photograph.

    • Like 2
  6. OP… be prepared for a (very) shock.

     

    Sorry, but if you’re on an Ed Visa you will not qualify for importing your personal possessions duty free into Thailand.

     

    FYI… Thai Customs Officers are paid a basic salary, plus a percentage of the duty that they collect – call it an incentive scheme, so it’s in their interest to ‘screw’ you for as much as they can.  Regardless of the value that you, or the shipping company, may put down on the weighbill, Thai Customs will always work on the as new list price of the items, or their best estimate (which is always high) if the items are not in their database.

     

    Thailand import duty of computer items is currently charged at the rate of 40% based upon Cost + Insurance + Freight (CIF).

     

    You have indicated in your post that your set up is valued at 800K Baht to cover in case of loss/damage for insurance purposes.

     

    Let’s assume your insurance cost is say 10K Baht, and your freight cost is say 50K Baht.

     

    Import Duty payable:  (800,000 + 10,000 + 50,000) @ 40% = 344,000 Baht

     

    On top of the Import Duty you will need to pay a Transaction Fee currently 1,550 Baht

     

    You will also have to pay Value Added Tax (VAT) @ 7% on the Import Duty + Transaction Fee.

     

    VAT:  (344,000 + 1,550) @ 7% = 24,188 Baht.

     

    Total Duty payable:  Import Duty + Transaction Fee + VAT = 369,738 Baht.  OUCH!!!

     

    Good Luck

    • Sad 1
  7. 14 hours ago, cyrenius90 said:

    ..... But, the help I need is do I get the notarized stamp at the MFA headquarters or at the Consular building as the above post as stated.

     

    FYI - The Ministry of Foreign Affairs (MFA) headquarters are located Thanon Si Ayutthaya near the centre of Bangkok.  Do not go there as they are the diplomatic headquarters and will not be able to deal with your request.  You will need to go to the MFA Department of Consular Affairs (Legalisation Division) building to get your document(s) 'certified'.  This is located on the Chang Watthana Road on the outskirts of Bangkok.

     

    I would endorse Ubonjoe's comments and information that he provided above (post #17).  It can be done by post, or by personal attendance.  If you want to DIY in one day you will need to submit your documents before 09:30am to be able to collect after 2.00pm  The building opens at 7:00am although they wont let you up to the Legalisation Department until 08:30am.  This will mean a long wait but there is a food hall and coffee shops to while away the hours.  Alternative is to submit documents and get them to post them back to you by EMS at a small extra cost - they will arrive back in a couple of days.

     

    Good luck. 

  8. 1 hour ago, ubonjoe said:

    Some airlines are not using Thailand's APIS yet.

    He could ask them if they can do a check before buying the ticket.

    FYI :–

    All international airlines flying into Thailand must now provide Advanced Passenger Information prior to the passenger boarding the flight.

     

    The airline is not able to check if a prospective passenger will be given a denied boarding feedback code by the APIS before they book the flight.  The system does not have a facility for the airline to submit a ‘dummy passenger’ test.

     

    Unfortunately the only way the person will know if the Thai immigration database is still showing that they are banned, is when they check in and the APIS either gives an OK to board or a deny boarding feedback code to the check-in clerk.

    • Thanks 1
  9. 1 hour ago, poanoi said:

    ...... for the rest of the world, its required a statement from home bank,

    controlled and double stamped at both embassy and a place in Bkk,

    Sorry this is not correct so far as the British Embassy is concerned. 

     

    I have been obtaining a letter confirming my income (pension) in the UK for the past six years.  The process has recently been revised and now everything can be done via email.  I just complete a simple form indicating where my income originates from and the amount I receive each month.  I also provide a PDF copy of the online payslip(s), make payment by credit card and few days later the Embassy letter arrives at my home via EMS.

  10. 1 hour ago, Isaanman said:

    We have a Thai friend whose son is a lawyer in the Pattaya area. Her son told us today by phone there must be a record in my Thai bank account passbook that I have at least 65,000 THB coming into the account each month for at least three months prior to applying for this extension. I have not read about this in this forum or anywhere else. Is this true?

    I would concur with ubonjoe’s response (post #6) that the information that you have been given by your friend’s son (lawyer) is totally incorrect.

     

    I have been obtaining extensions based upon retirement for the past 6 years using an income letter from my Embassy (British) and never once been asked to show a passbook to prove that my UK income has been coming into Thailand.

     

    FYI - A couple of years ago I was informed by the IO whilst doing my 90 day reporting that when I did my next extension they (the IO) wanted the signature on the income letter certifying by the Ministry of Foreign Affairs (MFA).  This was a bit of a pain, but not a major problem.  The funny thing was that the same IO did my next extension a few months later and didn’t even look at the MFA certification sticker on the rear of the income letter.  It appeared that this 'special' requirement was unique to only a few immigration offices and has since been dropped.

  11. 12 minutes ago, Tofer said:

    Wouldn't the simplist solution be to visit your local Thai Embassy and get them to sort it out, as they would be the ones issuing your next visa, unless you plan anther VOA.

     

    They can check your passport, travel history and verify you are there and, presumably, provide written verification.

    Unfortunately Thai Embassies/Consulates will be of little, if any, help/assistance to the OP.

     

    Firstly, they do not have access to the Thai Immigration database so they will be unable to verify that the system shows whether the OP is still in the Kingdom or if he exited in May 2017.

     

    Secondly, any documents that a Thai Embassy/Consulate might provide regarding the OP’s predicament will not override immigration.  The decision to allow the OP to enter the Kingdom again, or to refuse entry, is at the discretion of the IO at the point of entry.

    • Like 1
  12. 9 minutes ago, Spinman said:

     

    The GF asked for proof, and he said that she would have to contact Immigration in BKK.  (Chaeng Wantanna)

    She will go to Sisaket Immigration with the documentation and ask them for their help.  She feels they'll be more responsive face-to-face than a phone call to Gov't House in Bangkok.

     

     

    OP.... FYI Immigration HQ is located at Soi Suan Plu, Sathorn in down town Bangkok.   Their IT department is also based there.  Your GF could give them a call  (0-2287-3101) and explain the situation.  They are normally quite accommodating.  They may well ask for copies of your passport etc. and they will correct any error fairly quickly.

    • Like 2
  13. Spinman…. Your concerns are understandable in so far as suddenly having the police turning up at your GF’s home and asking your whereabouts.   The trouble is it is all to easy to jump to the wrong conclusions like arresting you for overstaying.

     

    That said, in yesterday’s TVF News there was a report that the Tourist Police in Hua Hin have been making house calls to check on the status of foreigners who may be overstaying.  According to the report it appears that those that they visited all had their paperwork up to date and nobody was arrested.

     

    As has been subsequently commented, it seems strange that immigration are just doing random checks and that they haven’t request their central IT department do an simple database query to pull out the details of those persons who according to their computer system have overstayed their permission to stay and follow up on just those.

     

     

    I think that this may be a similar situation in your case in so far that the local immigration are some considerable distance from your home, so they requested the local police to do a check.

     

    FYI – When you exit the Kingdom, the IO places the photo page of your passport onto a scanner on his/her desk.  The scanner reads the information at the bottom of the page between <<<< >>>>.  As well as allowing the IO to check your status, the information is automatically uploaded to the immigration database together with the details of your exit (date, time, IO ID No. and Flight No.).  I would think that it is highly unlikely that the IO did not scan your passport or that your data has somehow gone astray.

     

    As has already been pointed out, you have an exit stamp in your passport and that is all the evidence you need should you be unfortunate to be stopped on your next visit.

    • Like 1
    • Thanks 1
  14. ozz1…  FYI – I did a fairly similar post last July with regard to Retirement v Marriage Extension.  There were over 65 responses.  A few contained stupid remarks, but fortunately the vast majority provided some good information/advice which gave me ‘food for thought’.

     

    Some will say the marriage route is a big hassle with lots of extra paperwork, visits to your home by immigration, having to drag neighbours down to immigration, having to wait a month (or more) for approval etc. etc. etc.  Others will say that the additional paperwork is minimal and the visits by immigration were no problem.

     

    As has already been pointed out, there is a difference in the funds that you need to show that you have in order to get either a retirement/marriage visa/extension or that may well be the deciding factor for you.

     

    A couple of other points that were raised when I asked the question:

     

    • With a retirement visa/extension you are prohibited from working.  On the other hand, with a marriage visa/extension you are allowed to work (you’ll still need a work permit).

     

    • If your wife should pass away before you, your marriage visa/extension is still good up until the date that it expires so you’re not going to suddenly be thrown out.  When due for renewal you could then opt for a retirement extension.

     

    • If you and your wife separate for whatever reason, you are still OK on your marriage visa/extension until it needs to be renewed then you may need to get an alternative visa/extension.  However, if you divorce the marriage visa/extension becomes void on the day of the divorce.  If you were unaware of this fact (thinking that you were still OK with the marriage visa/extension until it expires) then you could be in problems with immigration who would have grounds to arrest you as an over stayer and deport you.

    At the end of the day, it boils down to what best suites your particular circumstances.

     

    Best of luck and I hope that you make the right decision for you. 

    • Like 2
  15. 5 minutes ago, JackThompson said:

    It would appear that he paid whatever fine on the way out of his last visit to Ukraine - but it ticked them off that he overstayed even one day, so they have "banned" him for some time.  Other countries have similar "no tolerance" policies. 

     

    What really sucks, is that Ukraine did not reject his boarding the flight to Ukraine, via the passenger pre-check system, which would have avoided this whole mess. 

    Jack... Although the Ukrainian airline is required to provide advance passenger information (API) to many of their destination countries, the Ukrainian authorities do not require API prior to a flight's arrival.  If they had adopted the APIS the problem would not have occurred.

    • Like 2
  16. 11 hours ago, Ditto said:

    Call it what you want its still the MFA

    If you stop a taxi in Bangkok and ask to be take you to the Ministry of Foreign Affairs (MFA), the betting is 10-2-1 that you will end up at the main MFA building located on Thanon Si Ayutthaya near the centre of Bangkok.  The Legalisation Division which is part of the Department Consular Affairs does not ‘live’ there, they ‘live about 25km away on the Chang Watthana Road.

     

    So asking for the MFA could be a waste of time and a costly taxis fare.

    • Like 2
    • Sad 1
  17. 27 minutes ago, BritTim said:

     

    Today, in the case of denied entry, the airline is automatically responsible, and immigration has very little further say in the matter. If the airline cannot discharge its responsibility of removing the person from Thailand within a reasonable period of time, immigration can become involved again (with unpleasant repercussions for the airline).

    Tim... I'm not sure that this is quite correct. I think you will find that under ICAO rules the airline is only responsible to repatriation and costs if they have not exercised due diligence. 

     

    For example:   The airline allowed the PAX to board and fly with an invalid passport or against a do not board message from the APIS.  It is very unlikely that they would accept the cost of repatriation if the refused entry was based on the PAX not having the required 20K BHT in his/her pocket.

     

    As it basically says in the Immigration Act, the PAX may be returned by any conveyance and route that the competent official may decide.

  18. 2 minutes ago, Russell17au said:

    Then before you submit the post check it and edit it so that it is correct because to leave it with the word "deportation" you are sending the wrong information

    It is not for me, or you for that matter, to correct the wording of the Immigration Act.  I only quoted what is there and put the update at the end of the post.

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