Can I Get Arrested for Overstay if I don't have 800K in the bank?

[Khaeng Mak]

So I have 800K in the bank and a valid retirement extension in my passport.

 

But what if I am fed up with Thai immigration and decide to move to Vietnam.

 

And therefore transfer my 800K back to my bank in my home country.

 

And then grab a taxi to the airport to leave Thailand once and for all.

 

Can I get arrested for overstay at the airport and put in the IDC because my extension is no longer valid (Because I don't have 800K or even 400K in a Thai bank).

[trd]

You don't have to keep the 800k in your bank after you have renewed your retirement extension. You can take it all out if you want and then put it in again 3 months before the extension is due to be renewed the following year. How can you be on an overstay if you've just got a years visa?

[Khaeng Mak]

You obviously haven't read the latest:

 

 

Edited January 31, 2019 by Khaeng Mak

[jackdd]

4 minutes ago, trd said:

You don't have to keep the 800k in your bank after you have renewed your retirement extension. You can take it all out if you want and then put it in again 3 months before the extension is due to be renewed the following year. How can you be on an overstay if you've just got a years visa?

You should have a look at the big new thread currently running ????

 

@OP:

I would say it currently looks like this would be the case. The moment your bank accounts drops below 800k/400k you do not fullfill the requirements and your permit to stay would become invalid (same as with somebody who quits his job). But probably for this day you would be good, but would have to leave before midnight.

Edited January 31, 2019 by jackdd

[trd]

You obviously haven't read the latest:

 

 

Thanks I just clocked it. But that doesn't change the fact that the OP can take all his money out and leave the country.

 

[jackdd]

Another "interesting" thing:

The day your account balance drops below the required amount your permit to stay becomes invalid.

Let's say somebody doesn't notice this, or just isn't aware of this new rule... Maybe 6 months later he shows up for his next extension, provides his documents.

The IO notices that 6 months ago the evil foreigner didn't have 400k in his bank account.

Into IDC it goes and banned from Thailand for 5 years for being 6 months on overstay.

Edited January 31, 2019 by jackdd

[sumrit]

20 minutes ago, Khaeng Mak said:

Can I get arrested for overstay at the airport and put in the IDC because my extension is no longer valid (Because I don't have 800K or even 400K in a Thai bank).

The 800k baht was needed for you to qualify for your existing extension, it's not required in the bank to maintain its validity. Your current extension is valid until its expiry date in your passport, regardless of what you do with your 800k.

 

Be aware though that the changes, announced today, in the rules regarding the 800k baht in the bank must be adhered to in order to qualify for your next/future extension.

Edited January 31, 2019 by sumrit

[jackdd]

9 minutes ago, sumrit said:

The 800k baht was needed for you to qualify for your existing extension, it's not required in the bank to maintain its validity. Your current extension is valid until its expiry date in your passport, regardless of what you do with your 800k.

  

Be aware though that the changes, announced today, in the rules regarding the 800k baht in the bank must be adhered to in order to qualify for your next/future extension. 

No, that's not what it says

Quote

(4) At least 2 months prior to filing date, and at least 3 months after being granted permission, the alien must have fund deposited in a bank in Thailand of no less than THB 800,000. The alien can withdraw the fund 3 months after being granted permission and the remaining balance must be no less than THB 400,00 or;

The way it's written it means that if you should drop below this amount your extension would become invalid.

To apply for an extension in the next year you would just have to satisfy the "2 months prior to filing date" (but if you didn't satisfy the requirements in the previous year and show up for your next extension you might be arrested for being on overstay)

Let's see if the translation turns out to be correct and how it will be handled in practice.

Edited January 31, 2019 by jackdd

[Khaeng Mak]

15 minutes ago, trd said:

Thanks I just clocked it. But that doesn't change the fact that the OP can take all his money out and leave the country.

 

I can't leave the country if I am arrested for overstay.

[trd]

I can't leave the country if I am arrested for overstay.

Do you really think that if you transfer your money out and then go to the airport, that bank transaction will show up on the immigration desk as you show your passport on the way out?

[Khaeng Mak]

15 minutes ago, jackdd said:

Another "interesting" thing:

The day your account balance drops below the required amount your permit to stay becomes invalid.

Let's say somebody doesn't notice this, or just isn't aware of this new rule... Maybe 6 months later he shows up for his next extension, provides his documents.

The IO notices that 6 months ago the evil foreigner didn't have 400k in his bank account.

Into IDC it goes and banned from Thailand for 5 years for being 6 months on overstay.

Very good point also.  Wow this is going to be a great new earner for immigration.

[rott]

Many loose ends and points that need clarification.

[Jingthing]

56 minutes ago, trd said:

Thanks I just clocked it. But that doesn't change the fact that the OP can take all his money out and leave the country.

 

You don't know that.

It's a valid question.

For all we know immigration is going to cooperate directly with banks and report people 

53 minutes ago, jackdd said:

Another "interesting" thing:

The day your account balance drops below the required amount your permit to stay becomes invalid.

Let's say somebody doesn't notice this, or just isn't aware of this new rule... Maybe 6 months later he shows up for his next extension, provides his documents.

The IO notices that 6 months ago the evil foreigner didn't have 400k in his bank account.

Into IDC it goes and banned from Thailand for 5 years for being 6 months on overstay.

Potentially a concern based on the recent announcement. We don't have all the technical details yet. The recent HORRIFIC announcement. 

[inThailand]

We are witnessing first hand visa history in LOS. No doubt this will be discussed for years maybe decades, if this new requirement actually is implemented. 

 

It was more fun when the most popular threads were about beer price increases. Maybe the three biggies will be the expats savior by making a fuss expat beer sales are down, or they may just raise beer prices to make up for the short fall, which will cause even more expats to depart. 

 

These changes are going to create a huge domino affect, which may result in these changes not being enforced. 

[Jingthing]

12 minutes ago, inThailand said:

We are witnessing first hand visa history in LOS. No doubt this will be discussed for years maybe decades, if this new requirement actually is implemented. 

 

It was more fun when the most popular threads were about beer price increases. Maybe the three biggies will be the expats savior by making a fuss expat beer sales are down, or they may just raise beer prices to make up for the short fall, which will cause even more expats to depart. 

 

These changes are going to create a huge domino affect, which may result in these changes not being enforced. 

I agree. This is historic. Black Thursday? 

[ukrules]

I suspect that the translation is both badly worded and therefore being badly interpreted and that there will be a certain degree of clarification and perhaps backpedalling on this.

 

With a potential change of government very shortly anything can happen.

[wpcoe]

I'm curious how they decided to make the B800k requirement to be two months prior and three months after the extension.  It currently is three months prior (except for the very first extension) so they consciously made an effort to reduce it but then added on the new "after" period to be three months.  A before & after period of two months would have been adequate, no?  Actually, I'm surprised it's not three months before and after.

[steve187]

8 hours ago, jackdd said:

You should have a look at the big new thread currently running ????

 

@OP:

I would say it currently looks like this would be the case. The moment your bank accounts drops below 800k/400k you do not fullfill the requirements and your permit to stay would become invalid (same as with somebody who quits his job). But probably for this day you would be good, but would have to leave before midnight.

speculation

[DrTuner]

Out of curiosity, what do the banks require for one to be able to send 800k back outside of Thailand?

[Khaeng Mak]

48 minutes ago, DrTuner said:

Out of curiosity, what do the banks require for one to be able to send 800k back outside of Thailand?

Nothing other than me filling out the transfer form and ticking the savings option.  Just did a transfer, see my other topic. However, who knows, with the new 400K permanently in your account requirement looks like the government and banks are now viewing my money as their money.

[Khaeng Mak]

I'm sorry.  There are some people on this thread who are asking about further information on my particular circumstances. However, it is now clear that immigration view long stay expats like me (and you) as the enemy.  And so in that sort of environment, posting here on Thai Visa is now, in my view, counter productive at best, and dangerous at worst. Immigration obviously monitor our posts looking for ways they can create the next hammer blow to our lives, families and well being. So I will not be posting any more of my information on this thread.  Again sorry to those members who asked.

[NanLaew]

12 hours ago, Jingthing said:

I agree. This is historic. Black Thursday? 

Historic? Hardly.

 

Histrionic maybe.

[Jingthing]

Just now, NanLaew said:

Historic? Hardly.

 

Histrionic maybe.

I disagree. I think the bigger picture is that word is going to get out all over the world that Thai immigration is MASSIVELY unfriendly to retired expats. It was going in that direction for a long time, but this seals the deal. 

[Khaeng Mak]

10 minutes ago, Jingthing said:

I disagree. I think the bigger picture is that word is going to get out all over the world that Thai immigration is MASSIVELY unfriendly to retired expats. It was going in that direction for a long time, but this seals the deal. 

Jing Thing.  For me it is more than that.  It is now clear we are viewed as the enemy. And in a war we have to do what is best to protect our families. That is why I just posted this:

 

I would welcome your comments as I can see you are a long term member on this forum and I have only just joined.

Edited February 1, 2019 by Khaeng Mak

[Jingthing]

2 minutes ago, Khaeng Mak said:

Jing Thing.  For me it is more than that.  It is now clear we are viewed as the enemy. And in a war we have to do what is best to protect our families. That is why I just posted this:

 

I would welcome your comments.

I'm sympathetic to your POV but if this is a war, and we're the enemy, we have already lost. Yes I would strongly advise people that have not retired here yet to NOT DO IT. Also if you're already here and still feel smug and untouched by the recent mess that is going to adversely impact a large number of legit people, I suggest don't be so smug. You may be next. 

[Khaeng Mak]

4 minutes ago, Jingthing said:

I'm sympathetic to your POV but if this is a war, and we're the enemy, we have already lost. Yes I would strongly advise people that have not retired here yet to NOT DO IT. Also if you're already here and still feel smug and untouched by the recent mess that is going to adversely impact a large number of legit people, I suggest don't be so smug. You may be next. 

If the war is lost, then I, and my family are now refugees.  Why all the hate.  Why do they want to tear me from my family? I just don't get it? Why am I the enemy?

Edited February 1, 2019 by Khaeng Mak

[OJAS]

9 hours ago, ukrules said:

I suspect that the translation is both badly worded and therefore being badly interpreted and that there will be a certain degree of clarification and perhaps backpedalling on this.

Maybe someone au fait with the Thai language could give us their take on what the original Police Order (linked below) says?

 

https://www.immigration.go.th/read?content_id=5c515d0a753d2c5d3589c929

 

[ubonjoe]

8 minutes ago, OJAS said:

Maybe someone au fait with the Thai language could give us their take on what the original Police Order (linked below) says?

 

https://www.immigration.go.th/read?content_id=5c515d0a753d2c5d3589c929

 

The translation of it is in this topic.

https://forum.thaivisa.com/topic/1081671-foreigners-now-need-to-keep-800k-in-thai-bank-for-three-months-after-retirement-extension-is-granted/

 

[Khaeng Mak]

5 minutes ago, ubonjoe said:

The translation of it is in this topic.

https://forum.thaivisa.com/topic/1081671-foreigners-now-need-to-keep-800k-in-thai-bank-for-three-months-after-retirement-extension-is-granted/

 

Ubon Joe. 

 

I have read that.  I have just done my extension and then transferred my money back out of my account. Do I have to transfer the equivalent of 400K back in to the account before 1 March.

 

Also if I don't is my current extension then invalid (same as a non B who loses his job or a marriage extension who gets divorced)?

[ubonjoe]

2 minutes ago, Khaeng Mak said:

I have read that.  I have just done my extension and then transferred my money back out of my account. Do I have to transfer the equivalent of 400K back in to the account before 1 March.

No you don't since you got your extension before order goes into effect.

2 minutes ago, Khaeng Mak said:

Also if I don't is my current extension then invalid (same as a non B who loses his job or a marriage extension who gets divorced)?

No