Warning re Account Balance During "Under Consideration" Period.

[ubonjoe]

1 hour ago, konaboy said:

thanks-I am no longer married, but have a legal Thai son, 11. Can I get a retirement visa that way?

Where would you be applying for the non-o visa based upon retirement? Or do you mean a extension of stay?

You could get a non-o visa and then a extension of stay based upon being the parent of a Thai. You would only need 400k baht in a Thai bank or proof of 40k baht income to apply for the extension of stay.

[skatewash]

1 hour ago, konaboy said:

thanks-I am no longer married, but have a legal Thai son, 11. Can I get a retirement visa that way?

The requirement for a retirement visa is being age 50 or over and meeting the financial requirements (800,000 lump sum deposit in a bank, 65,000 monthly income certified by an embassy, or 65,000 monthly deposit in a Thai bank). 

You could possibly apply for an extension as the custodian of a Thai child (age 20 or younger) but you must have sole custody of the child.  The requirements for the custodian of a Thai child extension in Phuket:

http://piv-phuket.com/long-stay-extensions/custodian-to-thai-child/

[ubonjoe]

29 minutes ago, skatewash said:

You could possibly apply for an extension as the custodian of a Thai child (age 20 or younger) but you must have sole custody of the child. 

In reality it is a extension based upon being the parent of a Thai and there is no age limit for the child in the immigration order for extensions. Custodian in not mentioned any immigration order.

Form clause 2.18 of immigration order 327/2557.

"(5) In the case of parents, the father or mother must maintain an average annual income of no less than Baht 40,000 per month throughout the year or must have deposited funds of no less than Baht 400,000 to cover expenses for one year."

 

[Tanoshi]

12 minutes ago, ubonjoe said:

In reality it is a extension based upon being the parent of a Thai and there is no age limit for the child in the immigration order for extensions.

They don't have to state an age because at 20 years old, or marriage before 20 they are no longer subject to parental control, being classed as an adult under Thai law.

Therefore your regarded a 'child' up to age 20, or before by marriage.

20 minutes ago, ubonjoe said:

Custodian in not mentioned any immigration order.

By Custodian I'm sure they mean having parental rights and taking care of the child.

[ubonjoe]

17 minutes ago, Tanoshi said:

They don't have to state an age because at 20 years old, or marriage before 20 they are no longer subject to parental control, being classed as an adult under Thai law.

Therefore your regarded a 'child' up to age 20, or before by marriage.

That does not matter when being the parent of a Thai.

A parent can be supported by their Thai child if over 50. I don't think a child less than 21 would be able to support them.

This from the immigration order. "In case the father of mother requests to be under maintenance of children, the age of father or mother must be 50 years of age or over."

 

24 minutes ago, Tanoshi said:

By Custodian I'm sure they mean having parental rights and taking care of the child.

Custodian is not mentioned anywhere in the rules for extensions or visas. Dependent is also not mentioned. The wording used is family member that is used for extensions based upon a persons extension. Parent is also used in the orders.

[Tanoshi]

20 minutes ago, ubonjoe said:

That does not matter when being the parent of a Thai.

A parent can be supported by their Thai child if over 50. I don't think a child less than 21 would be able to support them.

He's not applying for an extension based on his Thai child supporting him, he's applying based on him supporting his Thai child.

 

20 minutes ago, ubonjoe said:

Custodian is not mentioned anywhere in the rules for extensions or visas. Dependent is also not mentioned. The wording used is family member that is used for extensions based upon a persons extension. Parent is also used in the orders.

You know as well as I do, to be classed as a parent, the Father must have parental rights either through marriage to the Thai mother when the child was conceived, or through a Court order granting the Father parental control if the child was born out of wedlock.

 

Edited June 4, 2021 by Tanoshi

[ubonjoe]

6 minutes ago, Tanoshi said:

He's not applying for an extension based on his Thai child supporting him, he's applying based on him supporting his Thai child.

That was to support the wrong info about the maximum age of 20 when applying for an extension based upon being the parent of a Thai.

It is an extension for being a parent not to support the child. Full custody is not mandatory. If divorced immigration has accepted joint custody.

[Tanoshi]

6 minutes ago, ubonjoe said:

That was to support the wrong info about the maximum age of 20 when applying for an extension based upon being the parent of a Thai.

What wrong info, mine?

Clause 19 of the Commercial and Civil Code says that children become SUI JURIS (adults) at 20 years of age.

8 minutes ago, ubonjoe said:

It is an extension for being a parent not to support the child. Full custody is not mandatory. If divorced immigration has accepted joint custody.

It hasn't been established if he was married and divorced, or the son was born out of wedlock.

Nobody asked that question, assumptions have just been made.

 

Royal Thai Police Orders are primarily to enforce the law, but their use should be regulated by domestic law and standards, therefore they don't have to quote any given law (such as at what age is a Thai considered a child or an adult), as these facts are already established under existing law.

 

[ubonjoe]

13 minutes ago, Tanoshi said:

What wrong info, mine?

Clause 19 of the Commercial and Civil Code says that children become SUI JURIS (adults) at 20 years of age.

Immigration

As I wrote before there is no mention of age in the immigration order for being the parent of Thai. The financial proof is not to support them.

You are always the parent of child no matter how old they are.

[Blue Muton]

On 6/3/2021 at 1:22 PM, brianthainess said:

Did you not update your bankbook when you applied?

Yes, the local office had already checked and approved everything, this was a further check to see if I'd taken the balance below the threshold in the intervening time.

[Blue Muton]

On 6/3/2021 at 8:35 AM, peterpop said:

Not new.  I have been aware of this for many years.  Just not often checked.

 

I think you may be confusing pre-application periods with the relatively new post application period requirements, which didn't exist 'many years' ago.