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

[cleopatra2]

4 minutes ago, Khaeng Mak said:

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)?

Your current permission of stay can only be revoked by the Director General, who would be required to give you written notice of the revocation. 

Obviously the current law may alter in the future.

[OJAS]

1 hour 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. 

Even with the latest changes, I really don't think that any negative treatment which retirees may experience at the hands of their local immigration office here in LOS is anywhere near on a par with the formidable roadblocks which the powers-that-be back in our home countries have chosen to place in the way of our Thai spouses being granted the necessary visas so that they can grace their hallowed turf in our company on even relatively short trips back to the motherland!

Edited February 1, 2019 by OJAS

[ukrules]

20 minutes ago, OJAS said:

Even with the latest changes, I really don't think that any negative treatment which retirees may experience at the hands of their local immigration office here in LOS is anywhere near on a par with the formidable roadblocks which the powers-that-be back in our home countries have chosen to place in the way of our Thai spouses being granted the necessary visas so that they can grace their hallowed turf in our company on even relatively short trips back to the motherland!

The difference being that once they get a residency, etc there is a clear and open road to citizenship and of course they can already own land / buildings.

[2tall]

how difficult is it transfer 800K out of a Thai bank to a foreign bank?

[NanLaew]

41 minutes ago, 2tall said:

how difficult is it transfer 800K out of a Thai bank to a foreign bank?

Unless the 800 k in question is income earned within Thailand, it is not easy.

[Khaeng Mak]

9 minutes ago, NanLaew said:

Unless the 800 k in question is income earned within Thailand, it is not easy.

That's not true. I have done it dozens of times without problem. And I have never worked in Thailand. And never had a work permit.

[JackThompson]

On 1/31/2019 at 11:09 PM, trd said:

On 1/31/2019 at 11:05 PM, Khaeng Mak said:

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?

For extensions after March 1st, you could do what those on work-extensions do when their job ends - leave that day, or apply for a "denied" extension which grants 7 days to get out.  And if you spend it at a hospital, come out of your coma long enough to get them working on the medical-extension pronto.

[Patriot1066]

On 1/31/2019 at 4:48 PM, Jingthing said:

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 

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

They do need to clamp down on the illegal ways people get their visas with no funds. If they are in fact breaking the rules then they should not be able to stay in Thailand as not fair on those that follow the rules fully.  In other words actually have the available funds to stay.

 

It is not hard for them (immigration) to monitor bank accounts and have an alert if the funds drop. And they could check in a retrospective manner. However, what will they do if you reduced below 400k, but paid in the minimum amount each month to meet the overall yearly amount. Or change banks?

 

Your right this does raise a lot of questions yet to be answered and hard to guess how it will work in practice.

[champers]

4 minutes ago, Patriot1066 said:

They do need to clamp down on the illegal ways people get their visas with no funds. If they are in fact breaking the rules then they should not be able to stay in Thailand as not fair on those that follow the rules fully.  In other words actually have the available funds to stay.

 

It is not hard for them (immigration) to monitor bank accounts and have an alert if the funds drop. And they could check in a retrospective manner. However, what will they do if you reduced below 400k, but paid in the minimum amount each month to meet the overall yearly amount. Or change banks?

 

Your right this does raise a lot of questions yet to be answered and hard to guess how it will work in practice.

Immigration officers and visa agents collude to allow people with insufficient funds to stay. How can you stop police corruption that is ingrained in Thai society?

[Khaeng Mak]

30 minutes ago, champers said:

Immigration officers and visa agents collude to allow people with insufficient funds to stay. How can you stop police corruption that is ingrained in Thai society?

Yeah.  It's tantamount to locking customers out of a bank so that the tellers can't steal from them.

[farangx]

On 1/31/2019 at 3:48 PM, 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.

You are scaring him.   He has a valid extension so he can't be overstaying. ????

 

[farangx]

On 1/31/2019 at 4:48 PM, Jingthing said:

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 

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

Don't scare yourself silly, what do you think the bank is going to do, set an alert for each farang account and text the IO to come knocking on your door.  Go read the police order again and reduce/manage/curb your panic/fear mongering. ????

 

[farangx]

1 hour ago, JackThompson said:

For extensions after March 1st, you could do what those on work-extensions do when their job ends - leave that day, or apply for a "denied" extension which grants 7 days to get out.  And if you spend it at a hospital, come out of your coma long enough to get them working on the medical-extension pronto.

Why not keep it simple, say you apply for an extension next week and they reject it. Are you not given time to pack your stuff and leave the country? Or they send a police van to your home, watch you pack, maybe even help you pack and drive you to the airport, stamp your passport and place you in a holding area while you wait for your flight out? ????

 

[dcnx]

On 1/31/2019 at 11:09 PM, trd said:

On 1/31/2019 at 11:05 PM, Khaeng Mak said:

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?

Agreed. That’s not going to happen. They won’t be that well connected and synced in our lifetime.

[jacko45k]

On 1/31/2019 at 10:49 PM, 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.

 

Yes but the question stands, once the money is removed is the extension revoked immediately? You get 7 days to leave for most other situations but need to get a stamp from immigration. Similar to the extension based on marriage and you get a divorce. 

Edited February 1, 2019 by jacko45k

[ubonjoe]

1 hour ago, jacko45k said:

Yes but the question stands, once the money is removed is the extension revoked immediately? You get 7 days to leave for most other situations but need to get a stamp from immigration.

How would immigration know you took money out of the bank? Do you really think immigration will be calling banks to confirm it still there?

It would not be a problem until you went to apply for your next extension and saw that you had not left 400k baht in bank. They would then not accept your application and you would then have to leave the country.

[jacko45k]

9 minutes ago, ubonjoe said:

How would immigration know you took money out of the bank? Do you really think immigration will be calling banks to confirm it still there?

It would not be a problem until you went to apply for your next extension and saw that you had not left 400k baht in bank. They would then not accept your application and you would then have to leave the country.

The only answer I have is one that was directed at me. That banks may be required to alert immigration, on accounts used for Extensions, when they fall below 400k. I really don't see that happening.

Your comment wrt next extension, is one I also made, amounting to a complex 12 month seasoning requirement, 800k for 2 months, preceded by 7 months of 400k, and that preceded by 3 months of 800k again. Bewildering.

Edited February 2, 2019 by jacko45k

[unamazedloso]

would love to hear peoples experience with sending all the money back to there home countries. Never had an easy time transfering money anywhere from thailand banks. My advice is move and never look back. Wish i was in a situation to do the same....

[roo860]

You are scaring him.   He has a valid extension so he can't be overstaying. [emoji3]  

 

At this rate there's not going to be enough balconies in Thailand for people to jump off!! Frightening themselves to death, get a grip people !!![emoji23]

Nobody knows 100% yet what's going on!!!!

 

 

 

Sent from my SM-G920F using Thailand Forum - Thaivisa mobile app

 

 

 

 

[JackThompson]

12 hours ago, Patriot1066 said:

They do need to clamp down on the illegal ways people get their visas with no funds. If they are in fact breaking the rules then they should not be able to stay in Thailand as not fair on those that follow the rules fully.  In other words actually have the available funds to stay.

That process could be fully accomplished without changing a single rule, by busting the corrupt IOs who don't check seasoning on agent-applications.  The rest of us should be left alone.

 

11 hours ago, farangx said:

Why not keep it simple, say you apply for an extension next week and they reject it. Are you not given time to pack your stuff and leave the country? Or they send a police van to your home, watch you pack, maybe even help you pack and drive you to the airport, stamp your passport and place you in a holding area while you wait for your flight out? ????

Better apply at least 30-days early, so you can make some emergency preparations. 

 

Of course, at some offices, they like to string you along with "extra requirements" until the last minute, hoping to get that agent-fee out of you.  So, I suppose, the real "insurance policy" is to have the agent-fee ready to pay when your honest-application is blocked.  If you have ticked off your local office by trying to do things the honest-way (some of them really hate that), you might also need to move.

[David Walden]

Having applied for and received my retirement visa in Australia and being able to show that Bt800,000 surrender value of my retirement was adequate.  In a general discussion with the Thai lady at the Embassy who handled my application about the Bt 800.000 requirement she commented and said: "The Bt800,000 is required as it proves you have enough money to live comfortably in Thailand for a year at about Bt65,000p/m." and will not be a problem to Thailand.

   This now appears as though it will be standard practice to get a retirement visa in Thailand or in your home country.  It figures that if Thai Immigrations expects you to have this money in a bank account when you apply, it should also expect that you are required to withdraw funds to Bt 65,000 each month during the period of the visa to live on, that's what it is for.  Thai immigration could easily use their influence to have all Thai banks provide accounts so this could happen.  Thus avoiding all the confusion and rubbish and corruption around retirement Visa applications...or would that be just too simple and too easy?

   You may have to beg steal or borrow or take the money from your own bank account.  But how you get the money, well that is another story.

Edited February 2, 2019 by David Walden

[jacko45k]

20 minutes ago, JackThompson said:

That process could be fully accomplished without changing a single rule, by busting the corrupt IOs who don't check seasoning on agent-applications.  The rest of us should be left alone.

Or insisting all extension applications are done in person. 

[farangx]

6 hours ago, jacko45k said:

The only answer I have is one that was directed at me. That banks may be required to alert immigration, on accounts used for Extensions, when they fall below 400k. I really don't see that happening.

Your comment wrt next extension, is one I also made, amounting to a complex 12 month seasoning requirement, 800k for 2 months, preceded by 7 months of 400k, and that preceded by 3 months of 800k again. Bewildering.

Nothing to be bewildered about.  For all those using the 800K method from March onward, their applications for an extension will be rejected, they have to seek alternate means to stay here, at least until next March.  After next Feb, a bank letter with all the different minimum bank balances for the prior 12 months is the way to go. A letter with different seasonings, parsley, sage, rosemary & maybe thyme.

 

Edited February 2, 2019 by farangx
typo

[JackThompson]

16 minutes ago, jacko45k said:

Or insisting all extension applications are done in person. 

Some agents take you in "in person" for the picture, but the rest stays the same.  They have to enforce the seasoning, or this is all just targeting the honest (which is exactly what it is, since the agent-money appears to be paid up the chain multi-level-marketing style).

Edited February 2, 2019 by JackThompson

[Chassa]

Part of the problem is the 65000 baht guys who put 65000 baht from overseas into their Thai bank then send a percentage back again to their home country. These guys can live on 20-30000 baht a month. I know a few. Just keep using basically the same money for their monthly deposit.

[bkkcanuck8]

On 1/31/2019 at 10:48 PM, 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.

The devil is in the enforcement (like pretty much all immigration regulations), the outcome would likely be that if you withdraw all your money you are terminating your visa - and would more than likely have a grace period of a number of days to exit the country to leave or enter on a different visa.

[peterb17]

As they say - you think too much 

[jimn]

On 1/31/2019 at 10:48 PM, Khaeng Mak said:

You obviously haven't read the latest:

 

 

You are obviously a born worrier The new regs dont start until March and as far as I can see will only be checked when you go to renew your extension. Not 3 monthly or with the 90 day reports as some have suggested. Enjoy your time here and stop worrying.

[roo860]

https://thethaiger.com/news/national/immigration-officials-push-back-against-the-new-retirement-visa-guidelines
Seems if true a few more people are confused.

Sent from my SM-G920F using Thailand Forum - Thaivisa mobile app

[Sheryl]

On 2/1/2019 at 5:11 AM, 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.

 

 Or more likely, widely different practice sand interpretations by different IOs.

 

I don't think it is just the translation that is badly worded, suspect the original in Thai is no better. For some reason, Thai government bulletins/edicts seem to favor vague wording.  Causes all manner of problems.