90-Day Entry Ban for Overstay during Amnesty?

[Kalasin Jo]

As usual not clear! I had a non O multi based on marriage. It expired shortly after I entered and got 90 day permission. That expired. Just before permission expiry I got 60 day extension which expired 9 June. Kalasin IO have now confirmed twice that I do not qualify for a 1 year extension financially, neither on income nor on money in bank. They did suggest I stick 400k in the bank now but then agreed it would have to season for 2 months before I could apply, so assuming (?) the amnesty does apply to me and is not extended I will be on overstay even if I did that( or may be I already am if it does not?). Kalasin IO were vague on that. Very keen I stuck money in the bank though. But unless seasoning rule is exceptionally relaxed for people in my position if I am on overstay before I can apply the IO could then simply say sorry too late and then I would have to leave, get fined and have put 400k in the bank for nothing!

[OJAS]

11 hours ago, essox essox said:

read the start of the original post.....ANY WAY I COULD NOT GIVE A **it about anyone else....all I know is that i DO NOT have to go sign in again until 14 days before 8th September....THIS IS ALL I NEED TO KNOW.......!!!

So if you already know what you need to know and don't give a toss about anyone else, what purpose do you think you are serving by "enlightening" us all with your "pearls of wisdom" which are completely irrelevant to this particular thread?

Edited June 22, 2020 by OJAS

[ubonjoe]

9 hours ago, drbeach said:

OK. I am a dual citizen and luckily the passport I am in Thailand on, is not one of the 3 embassies you mentioned (one of the others, is). I believe the country who's passport I am using is issuing these letters and have resumed normal embassy services since June 15, according to an email I received from them. I guess I would need to transfer some more funds before the end of this month and then sometime next month, and go to the embassy for this letter (or request it via email if they allow it) prior to going in for the extension.

If you have proof of income from your embassy you do not need to show transfers into the country. What is needed at your embassy depends upon what they require. Some may not ask for any proof while others want proof your income from your home country.

 

9 hours ago, drbeach said:

Although, just to confirm once and for all...I could go for the 60-day extension without financials first (in late July) no matter that my original stamp in date expired June 4 and this 60 day extension would take me from say July 29 or 30 (the date I intend to apply for it, assuming the amnesty isn't extended) to late September (Sep 27 ish), prior to which I would need to ensure I have the financial documents ready to apply for the 1-year extension? If so, that means I would be able to show several months of income statements totalling at least 40,000 a month to my embassy, and could wait until mid-September to do that.

If you had the letter from your embassy today you could possibley apply for the one year extension today.

You should contact your local immigration office to find out what they will require. I may insist you apply for the 60 day extension first so that you have a valid permit to stay stamp.

[Peter Denis]

9 hours ago, drbeach said:

OK. I am a dual citizen and luckily the passport I am in Thailand on, is not one of the 3 embassies you mentioned (one of the others, is). I believe the country who's passport I am using is issuing these letters and have resumed normal embassy services since June 15, according to an email I received from them. I guess I would need to transfer some more funds before the end of this month and then sometime next month, and go to the embassy for this letter (or request it via email if they allow it) prior to going in for the extension.

The Embassy income-statement is just a form that you filled in yourself stating your annual/monthly foreign income.  The Embassy does not ask for proof that your statement is correct.  It is a statement 'on honor' and providing a false statement can evoke juridicial consequences.  The Embassy by signing and stamping the form, simply confirms that it is you that made the statement and witnessed you signing it.

As UJ said most offices will simply accept that Embassy income-statement.  But it is at the discretion of the officer handling your application to ask for evidence that proves the SOURCE of your foreign income (and some rogue IOs only accept a foreign pension-statement as proof of that source).

[drbeach]

3 hours ago, Peter Denis said:

The Embassy income-statement is just a form that you filled in yourself stating your annual/monthly foreign income.  The Embassy does not ask for proof that your statement is correct.  It is a statement 'on honor' and providing a false statement can evoke juridicial consequences.  The Embassy by signing and stamping the form, simply confirms that it is you that made the statement and witnessed you signing it.

As UJ said most offices will simply accept that Embassy income-statement.  But it is at the discretion of the officer handling your application to ask for evidence that proves the SOURCE of your foreign income (and some rogue IOs only accept a foreign pension-statement as proof of that source).

I see, although I'm not an old fart (no offense, just tongue-in-cheek) so obviously I can't have a pension statement, I'm of working age.

 

What about Bangkok? I understand Bangkok is more reasonable than some of the upcountry offices.

[drbeach]

3 hours ago, ubonjoe said:

If you have proof of income from your embassy you do not need to show transfers into the country. What is needed at your embassy depends upon what they require. Some may not ask for any proof while others want proof your income from your home country.

 

If you had the letter from your embassy today you could possibley apply for the one year extension today.

You should contact your local immigration office to find out what they will require. I may insist you apply for the 60 day extension first so that you have a valid permit to stay stamp.

OK thanks very much Ubonjoe for that response.

 

I think that the 60 day extension seems like a good route to follow first, to give me more time to sort things out. It will be "sabai sabai" meeting the financial requirements, especially through an embassy letter, if the 60 day extension starts from the date I apply, or July 31. That way, I could wait until September to get the letter, showing at least 3, possibly 4 months worth of incoming transfers if that helps. Only in late September, prior to the expiration of the 60-day extension would I thus go down the 1-year extension route.

 

My local immigration office is Bangkok. Any idea what they may require? If not, I can try to find out, or see if anyone on here who uses Bangkok (Chaeng Wattana) can give me some advice.

[drbeach]

3 hours ago, Peter Denis said:

The Embassy income-statement is just a form that you filled in yourself stating your annual/monthly foreign income.  The Embassy does not ask for proof that your statement is correct.  It is a statement 'on honor' and providing a false statement can evoke juridicial consequences.  The Embassy by signing and stamping the form, simply confirms that it is you that made the statement and witnessed you signing it.

As UJ said most offices will simply accept that Embassy income-statement.  But it is at the discretion of the officer handling your application to ask for evidence that proves the SOURCE of your foreign income (and some rogue IOs only accept a foreign pension-statement as proof of that source).

And one more question. With these 40K transfers, am I allowed to use any of these funds, once they've been transferred? Or do they have to be "seasoned" like with the 400K route?

 

For instance, if I made a 40K transfer next Monday, could I take out half the next day, and then make another transfer say the same day the following month, spending the transfer amounts at will?

[ubonjoe]

16 minutes ago, drbeach said:

With these 40K transfers, am I allowed to use any of these funds, once they've been transferred?

You can do whatever you want to with the 40k baht after it is in your bank account.

[Peter Denis]

19 minutes ago, drbeach said:

I see, although I'm not an old fart (no offense, just tongue-in-cheek) so obviously I can't have a pension statement, I'm of working age.

What about Bangkok? I understand Bangkok is more reasonable than some of the upcountry offices.

A couple of weeks ago a Belgian citizen was in exactly the same position as yourself, as his permission to stay was due to expire and he didn't have enough time left to meet the seasoning requirements for the financials.  So he made an appointment at the Belgian Embassy and filled in the Affidavit form which the Embassy provided him.  He did bring all the evidence of the source of his income (no pension), but was not required to show any of that. 

With that Embassy statement he applied at CW for the 1-year extension based on his original Non Imm O-A Visa for reason of retirement. 

The Embassy statement was accepted without any request for evidence of the source of that income (obviously he had that with him, but was not asked for).

Note: As it was a 1-year Non Imm O-A based extension for reason of retirement he did had to meet the thai IO-approved health-insurance policy requirement. 

 

[drbeach]

3 hours ago, ubonjoe said:

You can do whatever you want to with the 40k baht after it is in your bank account.

OK. And does it have to be made in one go, or can I have multiple transfers totalling 40K within that same month?

 

I have checked my most recent account statement, and indeed the last couple of months have seen well over 40K enter every month BUT not necessarily 40K in one go. One transfer was 35K, then I had like another 9K, and 8K so 52K in that month, although that's just one bank account.

 

Anyway, I am in the process of making arrangements to have 50K+ transferred over before the end of this month. Also, next month.

Edited June 23, 2020 by drbeach

[drbeach]

3 hours ago, Peter Denis said:

A couple of weeks ago a Belgian citizen was in exactly the same position as yourself, as his permission to stay was due to expire and he didn't have enough time left to meet the seasoning requirements for the financials.  So he made an appointment at the Belgian Embassy and filled in the Affidavit form which the Embassy provided him.  He did bring all the evidence of the source of his income (no pension), but was not required to show any of that. 

With that Embassy statement he applied at CW for the 1-year extension based on his original Non Imm O-A Visa for reason of retirement. 

The Embassy statement was accepted without any request for evidence of the source of that income (obviously he had that with him, but was not asked for).

Note: As it was a 1-year Non Imm O-A based extension for reason of retirement he did had to meet the thai IO-approved health-insurance policy requirement. 

 

Thanks for that report.

 

Actually, I'm not quite in that predicament yet because I still have yet to make the 60 day extension. However, I have to get my financials organized now, to smooth things over such that by the time I'm ready for the 1-year extension (in September) it will be smooth sailing.

[Max69xl]

9 minutes ago, drbeach said:

OK. And does it have to be made in one go, or can I have multiple transfers totalling 40K within that same month?

 

I have checked my most recent account statement, and indeed the last couple of months have seen well over 40K enter every month BUT not necessarily 40K in one go. One transfer was 35K, then I had like another 9K, and 8K so 52K in that month, although that's just one bank account.

 

Anyway, I am in the process of making arrangements to have 50K+ transferred over before the end of this month. Also, next month.

I know for sure that some immigration offices don't accept several small amounts even if the total amount is 40k. They want an average income of 40k/month, like 35k one month and 45k one month. But,others do. 

[drbeach]

2 hours ago, Max69xl said:

I know for sure that some immigration offices don't accept several small amounts even if the total amount is 40k. They want an average income of 40k/month, like 35k one month and 45k one month. But,others do. 

OK. Well, my intention is to wire over 50-60K per time for several months running so I will be well above that threshold. The funds are actually from my company based overseas for business expenses but this is a good excuse to make a couple of transfers of this nature in order to satisfy the immigration requirements.

 

Although I'm a bit confused by why an office wouldn't accept several smaller amounts, as long as each month had 40K transferred in total during that month, and the same thing every month. In my case, every recent month has had well over 40K coming in. 40K isn't enough for my expenses and lifestyle anyway.

[Peter Denis]

2 minutes ago, drbeach said:

OK. Well, my intention is to wire over 50-60K per time for several months running so I will be well above that threshold. The funds are actually from my company based overseas for business expenses but this is a good excuse to make a couple of transfers of this nature in order to satisfy the immigration requirements.

 

Although I'm a bit confused by why an office wouldn't accept several smaller amounts, as long as each month had 40K transferred in total during that month, and the same thing every month. In my case, every recent month has had well over 40K coming in. 40K isn't enough for my expenses and lifestyle anyway.

When applying at your local IO for the 1-year extension of stay based on your original Non Imm O Visa for reason of marriage, and using the monthly income transfer method, according to the regulations you only need 2 monthly income transfers of +40K THB with foreign origins proven.

And the officer handling your application has the discretionary power to require that you provide additional evidence of the SOURCE of that monthly income transfer.

Those are the regulations, but local IOs have the authority to impose additional requirements on top of that.

So, some applicants have been refused because their local IO only accepted:

- 3 monthly income transfers of +40K THB;

- single monthly transfers of +40K THB (instead of multiple ones totaling +40K THB);

- transfers done at approx some time of the month;

- only a pension-statement as evidence of the source of your monthly incomel

- any other requirement the officer deems necessary for handling your case.

But the 'normal' offices abide by the rules, so good luck with your application.