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On 6/27/2020 at 8:03 AM, Peter Denis said:

Hi Kalasin Jo,

 

It doesn't matter that you have been before on a 90-day Non Imm O marriage Visa and subsequent 1-year extensions.

When you did let the permission to stay of such previous Non Imm O marriage Visa and extension expire, by exiting Thailand and apply for the 1-year MultipleEntry Non Imm O marriage Visa in Savannakhet you are here on a NEW Visa.

You already used the 60-day extension of stay for reason of visiting your wife, but of course you can apply for a 1-year extension of stay from that new Savannakhet obtained Non Imm O marriage Visa.

 

Since it is a NEW Visa from which you apply (and not an already running 1-year extension of stay), you are NOT required to show 12 months of +40K income-transfers when using the monthly-income transfer method to prove your financials.

There are 4 methods which you can use when applying for that new 1-year extension:

a) the money-in-bank method > Showing evidence that you kept 400K for at least 2 months on your thai bank-account at the moment of application for the 1-year extension (some offices incorrectly require 3 months seasoning);

b) the monthly-income transfer method > Showing evidence that you transfered at least 2 (some offices require 3) monthly transfers of +40K at the moment of application;

c) using an Embassy issued income statement, stating that your foreign monthly income is +40K.

d) the combination method, using a mix of a/b (some offices do not accept this method).

 

In your case you have insufficient time left before end of July to meet the 2 month seasoning requirement, so if you didn't have +400K in your personal bank-account end of May and kept it there, method a and d are not possible anymore.

But you would still be able to transfer +40K this month (it should have arrived on your personal bank-account in month of June), and then do an additional one in July, thus meeting the minimum of 2 monthly transfers.

As a citizen of France, you can also use the Embassy issued income statement.  You simply need to fill in an Affidavit-form in which you declare on word of honor your annual and monthly foreign income.  No evidence required, as the Embassy stamp/signature only confirms that it was you who signed the Affidavit-form.

However, the problem you might face when using method b) or c) that the Immigration officer handling your application has the discretionary right to ask for evidence of the SOURCE of your foreign income.  That will probably be no issue for you, but some IOs ONLY accept a pension-statement as proof of foreign income.

 

I think that in your case, the officer handling your case is just doing difficult (because normally they do not request to provide evidence of the SOURCE of your foreign income).  IOs prefer that you use method a) or d), because that means less paperwork for them (and yourself) and does not need divisional approval of your application, which is required when using the monthly-income transfer method (and means the local officer's handling of your application is being checked).

The officer handling your case also seems a bit confused, because in your case there is no need for 12 months of income-transfers when using the monthly-income transfer method.  So might be useful to politely request talking to a senior officer at your Kallasin IO to plead your case.

 

Thanks again Peter. I'm resident in France but British so the wonderful French Declaration Sur L'Honneur isn't available. Use it for wife's Schengen visas and many other things, along with the equally wonderful Attestation! I guess big trouble if caught out though!

 

I think the IO advising has got confused, her superior too. I haven't yet made the formal application, I was seeking advice and clarification of initial advice as to what they needed on both occasions. 

 

I now have a letter concerning and confirming the source of the payments in to my UK account covering the last 12 months, a last 6 months BBL bank statement ( a 12 month one takes a working week to get) and can print off as many UK monthly bank statements as they want ( tempting to drown them in paper now!). Still need bank letter confirming the account is mine and open and to update passbook for last week or so of movements.

 

If you are right I'm good to go..and argue with them politely over 2 or 12 months but now because we will then have to wait the month of under consideration ( yes for all marriage based methods I agree) and my wife's visa for France expires soon, as my wife she can enter even under the current restrictions I've checked, so I think we'll be off rather than mess around further here although unsatisfactory as I'd rather have had a visa or extension/ re entry permit  in place before leaving. Now who knows how I'll get back in, might not be easy for my wife either, but we're talking  towards the end of October or much  later if over there we are successful in getting her a 1 year permission to stay in France on this trip. Another carousel of paper and proof fun with French authorities, also decentralised, with plenty of interpretation latitude. But my prefecture where this is fine are efficient, effective and best of all polite! At least I speak good enough French too, which wows them.  So, It isn't just here, believe me, although many on TVF seem to think Thailand is exceptionally awkward. They should try UK Home Office if they want awkward!

 

 

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26 minutes ago, Kalasin Jo said:

Thanks again Peter. I'm resident in France but British so the wonderful French Declaration Sur L'Honneur isn't available. Use it for wife's Schengen visas and many other things, along with the equally wonderful Attestation! I guess big trouble if caught out though!

 

I think the IO advising has got confused, her superior too. I haven't yet made the formal application, I was seeking advice and clarification of initial advice as to what they needed on both occasions. 

 

I now have a letter concerning and confirming the source of the payments in to my UK account covering the last 12 months, a last 6 months BBL bank statement ( a 12 month one takes a working week to get) and can print off as many UK monthly bank statements as they want ( tempting to drown them in paper now!). Still need bank letter confirming the account is mine and open and to update passbook for last week or so of movements.

 

If you are right I'm good to go..and argue with them politely over 2 or 12 months but now because we will then have to wait the month of under consideration ( yes for all marriage based methods I agree) and my wife's visa for France expires soon, as my wife she can enter even under the current restrictions I've checked, so I think we'll be off rather than mess around further here although unsatisfactory as I'd rather have had a visa or extension/ re entry permit  in place before leaving. Now who knows how I'll get back in, might not be easy for my wife either, but we're talking  towards the end of October or much  later if over there we are successful in getting her a 1 year permission to stay in France on this trip. Another carousel of paper and proof fun with French authorities, also decentralised, with plenty of interpretation latitude. But my prefecture where this is fine are efficient, effective and best of all polite! At least I speak good enough French too, which wows them.  So, It isn't just here, believe me, although many on TVF seem to think Thailand is exceptionally awkward. They should try UK Home Office if they want awkward!

Yes, since you would be applying for a marriage Visa or 1-year extension of stay, you would be confronted with the 'under consideration' period for such application and approval might be just before or after your planned flight back to France.

So in your case, it would be best to let it go and simply fly back to France by end of July.

As mentioned in another thread the EU has now opened its borders for arrivals from non-risk countries, Thailand being on that list, so that should pose no problem.  But it is probable that many Amnesty-stayers will want (or be forced) to fly back to their home-country, so better start looking already for somewhat affordable and not fully-booked flights in the window of your choice.  

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