Visa Options - Non-Immigrant O-A expires soon

[Tanoshi]

24 minutes ago, ragabob said:

The info came from The Thaiexaminer.com see attachment. Unfortunately I could not find a link

The key word being 'currently' seeking access to Thailand.

Indeed there are requirements already in place.

 

For the future, nobody knows.

The more regulations and requirements they put in place for foreigners then the less chance of restoring tourists figures. They may apply certain regulations for Countries on their 'high risk' list, but for Counties that pose less of a threat, Cambodia, Lao, Vietnam, the majority of local Countries long term expats use for border runs, or obtaining new Visas, I believe any entry requirements will at most be a temperature test and perhaps Insurance cover for Covid19.

 

Insurance to cover Covid19 is already readily available in Thailand, with 100,000 BHT medical cover and 1,000,000 BHT in the event of death, for as little as an annual premium of 850 BHT. 

[Peter Denis]

6 minutes ago, Tanoshi said:

@ragabob

I have a slightly different opinion to Peter with regards to b).

I'd dispute your in an overstay position.

Financial evidence is always given from the previous 12 month period, to meet the financial qualification for the following years extension.

 

This year lots of foreigners being refused annual extension because they don't meet the financial requirements, particularly monthly bank transfers not complying with proof of being from overseas.

There are no reports that any of these have been accused of overstaying for violation of the financial requirements during their period of granted stay.

The only repercussion is having their current application for the following yearly extension refused on the basis of not meeting the financial requirement, which would be the same in your situation.

 

Assuming you follow Peter's advice to obtain a Non O and get rid of your Non O-A, then it's completely irrelevant to Immigration that you previously withdrew down below the minimum 400K requirement, because you'll be submitting a completely new application based on a Non O Visa, which will be treated as a 'first' application' and therefore provided the 800K has been seasoned for 2 months, you comply with the financial requirements.

Hi Tanoshi,

If that would be the case I would recommend everybody to ignore the 800K/400K bank-balance once they get their 1-year extension of stay stamp.

And do a border-run at the end of their permission to stay and apply for a new Visa and subsequent extension of stay.  Once the 1-year permission to stay is secured again - do the same game of withdrawing all the funds.

I am exagerating of course, but am not so sure whether deliberately withdrawing the funds would be without consequences from IO-side.  Having slipped once by accident under the tresshold or not being able to provide proof of foreign origin of a monthly transfer, is imo of a different order than withdrawing the funds.  Knowing that IO does not even provide leniency for such slips and will often force you to exit the country to apply for a new visa in such cases, makes me not very confident that they will be compassionate when they find out you withdrew the funds that were the condition for your 1-year permission to stay.

 

 

[Tanoshi]

8 minutes ago, Peter Denis said:

Hi Tanoshi,

If that would be the case I would recommend everybody to ignore the 800K/400K bank-balance once they get their 1-year extension of stay stamp.

And do a border-run at the end of their permission to stay and apply for a new Visa and subsequent extension of stay.  Once the 1-year permission to stay is secured again - do the same game of withdrawing all the funds.

Hi Peter,

I think there is a clear distinction between those on a O-A type Visa, who understandably change their Visa type to a Non O, in order to avoid the absolutely overpriced, useless Thai Health Insurance requirement, as opposed to renewing a Non O Visa each year, rather than applying for the regular annual extension, just to avoid the financial requirements.

 

Apart from the fact that leaving/re-entering every 15 months, to either obtain a new Non O from a Thai Embassy/Consulate, or re-entering Visa exempt and going through the conversion process at your local IO, would not only be a time consuming but costly process.

You may get away with it once or twice, but your IO will soon start to ask the reasons and then realising your actions are just to try and circumvent the yearly financial requirements for extensions based on retirement they could well refuse your application.

I certainly wouldn't recommend anyone to obtain a new Non O every year, just to circumvent the financial requirements for retirement extensions.

 

One exception could be someone who regularly visits their home Country, which is a valid reason for obtaining a new Non O for re-entry.

[Peter Denis]

4 minutes ago, Tanoshi said:

Hi Peter,

I think there is a clear distinction between those on a O-A type Visa, who understandably change their Visa type to a Non O, in order to avoid the absolutely overpriced, useless Thai Health Insurance requirement, as opposed to renewing a Non O Visa each year, rather than applying for the regular annual extension, just to avoid the financial requirements.

 

Apart from the fact that leaving/re-entering every 15 months, to either obtain a new Non O from a Thai Embassy/Consulate, or re-entering Visa exempt and going through the conversion process at your local IO, would not only be a time consuming but costly process.

You may get away with it once or twice, but your IO will soon start to ask the reasons and then realising your actions are just to try and circumvent the yearly financial requirements for extensions based on retirement they could well refuse your application.

I certainly wouldn't recommend anyone to obtain a new Non O every year, just to circumvent the financial requirements for retirement extensions.

 

One exception could be someone who regularly visits their home Country, which is a valid reason for obtaining a new Non O for re-entry.

Hi Tanoshi,

Are you saying that IO does not mind that you withdraw the 800K/400K required funds from your bank-balance when it is your intention to switch to a new Visa?

I agree that normally they would never know this (and that probably also being the reason for the 90-day bank-balance check introduced at Jomtien and UdonThani).  And obviously if you do this consecutively at the same IO, your 15-monthly new Visa-applications will raise suspicion and will ultimately lead to your 1-year extension application being denied (or worse).

I agree that if you withdraw your 800K/400K funds months before switching to a new Visa, it will probably go undetected (and surely if you also switched to a new bank-account for your new application).  And indeed I never heard of a case where Immigration sanctioned someone for doing so (the fact that you have to leave the country is not a sanction, as that was your intent in the first place).

But I am not so sure that when Immigration find sout that you did not keep the required 800K/400K funds which is the condition on which your present permission to stay is issued, that it will not have any consequences.  Anyway, the above is only speculation because normally IO will never find out that you did withdraw the funds.

 

[Tanoshi]

8 minutes ago, Peter Denis said:

Are you saying that IO does not mind that you withdraw the 800K/400K required funds from your bank-balance when it is your intention to switch to a new Visa?

Hi Peter,

It's immaterial as when you leave the Country on permission of stay granted by an annual extension without a re-entry permit, your permission of stay is automatically cancelled along with any conditions.

Immigration have advised those on extensions from Non O-A Visas to actually do exactly that and obtain a Non O Visa to remove the Health Insurance requirement.

Breaking the cycle of continued extensions of permission of stay, means starting the procedure all over again.

 

Whether you enter on a new Non O or VE and convert to a Non O, it's a new first time application from a Non O Visa. Any financial requirements for previous extensions are nil and void.

Only the financial requirement for a new first extension application apply from an Non O Visa, that being 800K seasoned for 2 months in a Thai bank prior to the date of application, or 2 x 65K monthly overseas transfers to a Thai bank prior to the date of application, or an Embassy Income letter if applicable.

 

Whatever your financial status prior to this first extension application from a new Non O is immaterial.

Immigration only concern is that you meet the 2 month financial qualifying period to grant the new extension.

 

Indeed there are foreigners who have current permissions of stay, but unfortunately due to the Virus situation are stuck overseas and unable to return before their extensions expire.

And the advice we give is, obtain a new Non O and start from scratch again, which means providing two months of financials to qualify for a new first time extension application from a Non O.