Immigration officer complaining about my visa exemption

[Pink Mist]

As long as he is 50 or older he can apply for a Non O visa based upon Retirement and then obtain extensions as long as he has the funds in the bank.

[Bangkok Barry]

On 6/10/2023 at 9:32 AM, Regyai said:

Do what I did - ignore the "next time you will get a visa" bitching and carry on regardless . Subsequent two trips exempt stamps done with a smile by obliging 'XY' chromosome versions.

Risky, when we don't know what was entered into the database by the IO. My advice would be to go to a country where they welcome people, rather than threaten them.

[animalmagic]

53 minutes ago, DrJack54 said:

You do not need to be retired to obtain visa such as non O based on retirement and extensions from that visa based on retirement 

By the same logic, why does he need to be a tourist to continue getting the tourist visa exempt entry?

Would the Immigration officer at the airport be able to question his 'retirement' status as he is obviously travelling overseas to work and is not retired?

I am not criticising your posts, simply pointing out the irony of the situation.

[bigt3116]

1 hour ago, DrJack54 said:

You do not need to be retired to obtain visa such as non O based on retirement and extensions from that visa based on retirement 

That is because the visa and subsequent extensions have NOTHING to do with retirement, as you said, but you still keep on using the word "retirement". They are based on being over 50 years of age.

[DrJack54]

6 minutes ago, animalmagic said:

By the same logic, why does he need to be a tourist to continue getting the tourist visa exempt entry?

Would the Immigration officer at the airport be able to question his 'retirement' status as he is obviously travelling overseas to work and is not retired?

I am not criticising your posts, simply pointing out the irony of the situation.

Thai immigration refer to obtain "appropriate visa" .

 

10 years back I was obtaining triple entry tourist visas to Thailand from Saigon  as I was traveling to Saigon every month at that time.

 

I was over 50.

The immigration officer at Thai consulate told me that I should have a retirement visa because I live Thailand. (shown by pp stamps) .

 

Since visa exempt entries via air have no limit you could argue that I could live in Thailand visiting Vietnam every month.

It won't work. 

[DrJack54]

Just now, bigt3116 said:

That is because the visa and subsequent extensions have NOTHING to do with retirement, as you said, but you still keep on using the word "retirement". They are based on being over 50 years of age.

Read all immigration guidelines.

The various visas such as non O attach a "based on" 

For non O there are various tags.

Common ones are "based on retirement " and "based on marriage".

Even the "based on marriage" is shorthand.

Based on "over 50" is not mentioned.

The over 50 is a requirement same as financials. 

[bigt3116]

3 minutes ago, DrJack54 said:

Based on "over 50" is not mentioned.

For the OA it certainly IS mentioned

 

https://www.mfa.go.th/en/page/non-immigrant-visa-o-a?menu=5e1ff71bc4281a00c812e8e2

 

 

[bigt3116]

5 minutes ago, DrJack54 said:

Even the "based on marriage" is shorthand.

Shorthand for what ?

 

[BritTim]

11 minutes ago, bigt3116 said:

Shorthand for what ?

 

Based on marriage to a Thai of the opposite gender.

[DrJack54]

16 minutes ago, bigt3116 said:

Shorthand for what ?

 

Google "non O extensions Thailand"

Select "mfa.go.ta" 

All the various non O visas are listed.

For "marriage" and "retirement" think they are #18 and 20.

The term marriage is lot referred to.

Retirement is. 

Check it out.

 

Regards your non O-A post and link earlier. ....in the context of this thread the OP would not be applying for a non O-A.

Off topic.

Edited June 13, 2023 by DrJack54

[bigt3116]

2 minutes ago, BritTim said:

Based on marriage to a Thai of the opposite gender.

Nope, sorry, but that is wrong, because same sex marriage is not legal in Thailand, there is ZERO reason to stipulate that it is to a person of the opposite gender, and that is why it is not mentioned.

[bigt3116]

Just now, DrJack54 said:

Regards your non O-A post a d link earlier. ....in the context of this thread the OP would not be applying for a non O-A.

Off topic.

To be fair, that post was in response to one that said "over 50" is not mentioned, when it clearly is. Also, there is nothing to stop the OP from applying for an O-A in his circumstances.

[Nong Khai Man]

On 6/10/2023 at 11:14 AM, patman30 said:

not disagreeing
but a 6 months a year tourist is borderline taxable resident

So Maybe The OP Doesn't Want to Pay it !! I'm Sure he can afford to being in The Oil Industry !!

[BritTim]

23 minutes ago, bigt3116 said:

Nope, sorry, but that is wrong, because same sex marriage is not legal in Thailand, there is ZERO reason to stipulate that it is to a person of the opposite gender, and that is why it is not mentioned.

OK, then how about "married to a Thai to someone who was, or could be, married under Thai law". Obviously, it is not good enough to say someone is married. As you point out, many people who are married are not eligible for a Non O visa based on marriage.

[bigt3116]

2 minutes ago, BritTim said:

many people who are married are not eligible for a Non O visa based on marriage.

Who? Are you talking about 2 legally married foreigners? 

[BritTim]

26 minutes ago, bigt3116 said:

Also, there is nothing to stop the OP from applying for an O-A in his circumstances.

Nothing except the need to travel back to his home country, and stay there for a couple of weeks while making the application. This would need to be repeated every couple of years. It is understandable if he wishes a less onerous solution.

[Yellowtail]

I think the issue is that if one is working four weeks on and four weeks off, you at some point be trying to enter the county visa exempt, but the duration of the exemption would allow you to exceed the ninety days allowed in country per six month period. 

 

I do not believe that Thailand taxes you for income that is earned from outside Thailand, while outside Thailand. 

 

[BritTim]

1 minute ago, bigt3116 said:

Who? Are you talking about 2 legally married foreigners? 

You can be married abroad to a Thai and still not eligible for a Non O visa. The most obvious example is same sex marriage, but polygamous marriages (legal, for example for Muslims, in some countries) would also not qualify. 

[BritTim]

1 minute ago, Yellowtail said:

I think the issue is that if one is working four weeks on and four weeks off, you at some point be trying to enter the county visa exempt, but the duration of the exemption would allow you to exceed the ninety days allowed in country per six month period. 

Immigration officials might take that into account, but there was only a clearcut 90 days in six-month period on visa exemptions rule for a very short period many years ago. No such rule exists today.

[SAFETY FIRST]

On 6/10/2023 at 9:11 AM, Yewbzee said:

work in the oil industry and do a regular 4 weeks on 4 weeks off rota and enter Thailand every other month on a visa exemption

You're lucky you are over 50yo, just get yourself another retirement visa, little bit of money (800k baht) in the bank needed or see an agent. 

 

I work offshore on a 28/28 day rotation, when I was in my forties I was doing what you are doing, the IO always questioning me. I ended up carrying a copy of my children's birth certificates to show at Survarnabhumi. 

[bigt3116]

1 minute ago, BritTim said:

The most obvious example is same sex marriage,

That is not a LEGAL marriage in Thailand so your point is irrelevant.

 

3 minutes ago, BritTim said:

polygamous marriages

As long as one of those wives was Thai and you were LEGALLY married, yes you could apply for a Non-O based on marriage.

[DrJack54]

5 minutes ago, SAFETY FIRST said:

I ended up carrying a copy of my children's birth certificates to show at Survarnabhumi. 

That should have been answered by the io with "get appropriate visa" 

In your case parent of Thai child.

Visa exempt entries every month would now be problematic especially when you had option for a suitable visa

Edited June 13, 2023 by DrJack54

[Yellowtail]

1 minute ago, BritTim said:

Immigration officials might take that into account, but there was only a clearcut 90 days in six-month period on visa exemptions rule for a very short period many years ago. No such rule exists today.

When was the change? From the Thai MFA website:

 

From the US Embassy in Thailand website:

[BritTim]

13 minutes ago, Yellowtail said:

When was the change? From the Thai MFA website:

 

From the US Embassy in Thailand website:

The rule was in force for less than six months in, as far as I remember, 2008. It proved totally impracticable to enforce (especially at land crossings where visa exempt entries were for only 15 days, and it could take several minutes for the official to scan your passport and add up the number of days you had been in Thailand on visa exemptions).

 

I am aware that this rule is still often cited in web pages, but it went away about 15 years ago. This 11-year-old thread talks about these oft cited 90 days in six months and 180-day per year rules closer to the time when they had been abolished: https://aseannow.com/topic/534748-180-day-rule-and-90-days-within-180-days-rule-explained/

[bg53]

On 6/11/2023 at 7:03 PM, BritTim said:

Financial proof in the form of 800k THB equivalent, preferably in a Thai bank account, but probably acceptable in an overseas account, is required. Fairly recent bank statements showing the funds have been in the bank for at least a month or two are probably the best evidence. The cost of the multiple entry Non O visa is 5,000 THB.

So one could obtain a non O (based on retirement) at Savannakhet? How are the procedural requirements different from getting one inside Thailand? The consulate website only has information for non O-A.

[BritTim]

6 minutes ago, bg53 said:

So one could obtain a non O (based on retirement) at Savannakhet? How are the procedural requirements different from getting one inside Thailand? The consulate website only has information for non O-A.

Biggest procedural difference: at Savannakhet you receive the visa the next day; if applying at Immigration, it is taken under consideration and takes about a month.

[SAFETY FIRST]

45 minutes ago, DrJack54 said:

50 minutes ago, SAFETY FIRST said:

I ended up carrying a copy of my children's birth certificates to show at Survarnabhumi. 

That should have been answered by the io with "get appropriate visa" 

In your case parent of Thai child.

Visa exempt entries every month would now be problematic especially when you had option for a suitable visa

You're solution too difficult. 

 

I was always allowed entry once IO saw birth certificates. 

 

[Yellowtail]

22 minutes ago, BritTim said:

The rule was in force for less than six months in, as far as I remember, 2008. It proved totally impracticable to enforce (especially at land crossings where visa exempt entries were for only 15 days, and it could take several minutes for the official to scan your passport and add up the number of days you had been in Thailand on visa exemptions).

 

I am aware that this rule is still often cited in web pages, but it went away about 15 years ago. This 11-year-old thread talks about these oft cited 90 days in six months and 180-day per year rules closer to the time when they had been abolished: https://aseannow.com/topic/534748-180-day-rule-and-90-days-within-180-days-rule-explained/

While it is likely impractical to enforce, and for that reason generally ignored, I doubt very much the rules were changed. 

 

Do have anything that supports that? I find it unlikely (albeit not impossible) to believe that neither the Thai nor the US websites have been updated since 2008. 

 

So are you saying people can stay six-months and a visa-exempt entry? 

[bg53]

10 minutes ago, BritTim said:

Biggest procedural difference: at Savannakhet you receive the visa the next day; if applying at Immigration, it is taken under consideration and takes about a month.

This for all nationalities? Wow, good to know, thanks.

[animalmagic]

2 hours ago, DrJack54 said:

Thai immigration refer to obtain "appropriate visa" .

 

10 years back I was obtaining triple entry tourist visas to Thailand from Saigon  as I was traveling to Saigon every month at that time.

 

I was over 50.

The immigration officer at Thai consulate told me that I should have a retirement visa because I live Thailand. (shown by pp stamps) .

 

Since visa exempt entries via air have no limit you could argue that I could live in Thailand visiting Vietnam every month.

It won't work. 

I take your point.  I don't think (hope not anyway) Immigration would query a retirement visa in the way I mentioned.

As a holder of an APEC Business Travel Card, which is a pre-approved multiple entry for stays up to 90 days for a 5-year period, I was recently told I need to get a 'long stay (marriage or retirement) visa to keep coming back.  Quite sad that the airport lot can ignore the actions of the Ministry of Foreign Affairs that issued the pre-approval in the first place.