Suan Plu Experience Today

[opalhort]

Hi,

here is my experience I had today at Suan Plu, but first the basic background:

I'm on a Non-Imm-O issued in 1997 and had annual extensions of stay based on Thai Wife using the bank deposit route since it was offered. The account was a combined account and held well above the minimum required. My renewal due date is 07.May.2009

Since the rules changed and combined account was no longer an option I closed that account and opened a new one (in my name only) on 12.Feb.09, well in time (more than 2 months) for my application today.

Was told that since I've been using this route in the past the money has to be seasoned for at least 3 months as under the old rules!! Two months only applies to persons who use this option for the first time!!!!

This was re-confirmed to us by the higher-up officer in room 101.

Copies of the old account did not help because there was no transaction shown within the 'missing 2 weeks'. They explained that they need evidence that the funds did not go below the required 400K over the period of the past 3 months.

I applied under Para. 2.18(6)

I should also point out that the old and new accounts are fixed deposits, but this was no problem with them.

So now I ended up with an on the spot 60 days extension under Para. 2.24 to give me time to 'season' the funds in the new account.

The officer even suggested that I do something for a few days which I refused flat-out - it would result in having an ugly stamp in the PP (and fine) and could get me in trouble.

In hindsight now I think I could have got a 1yr using child support since there appears to be no funds seasoning clause under 2.18(5) but I'm not sure how easy it would be in the future to revert back to 2.18(6)

Was also told that there is no problem with the current 60 days extension about working under my current valid WP. Hope it's true

opalhort

[ubonjoe]

That is certainly a new twist to the rules.

There is no mention in the rules about grandfathering other than a general statement at the beginning of the police order.

Your work permit is not a problem because it is an extension of a non immigrant entry you made years ago. I have even read reports of people getting a work permit issued with a 60 day extension.

[opalhort]

That is certainly a new twist to the rules.

There is no mention in the rules about grandfathering other than a general statement at the beginning of the police order.

Well, looking back it makes some sort of 'Thai' sense:

I used this option when available, then it was no longer offered to new applicants but I was 'grandfathered' under the old rules. Now this option has been reinstated with new conditions (2 vs 3 months) but I am still 'grandfathered' under old rules which required the 3 months.

I just wish somebody could have figured this out on TV earlier.

We did see some reports on TV that 3 months are required rather than the new rule 2 months. It was attributed to different Imm offices have different rules, but it may well be that the posters may fall in the same catagorie as me (grandfathered under the old rules).

opalhort

[ubonjoe]

The old police order was abolished when the new police order was issued.

This is the only grandfather clause there is now.

6. If an alien who has entered Thailand before this order came into force and has been

continuously granted temporary stay as clause 2.18(6), in case the marriage with Thai lady, is

found to lack the qualifications as prescribed in this order, the Commissioner of the

Immigration Bureau or competent official shall consider and decide on the particular case

based on the prevailing reasons and circumstances within 1 year from the effective date

hereof.

[opalhort]

The old police order was abolished when the new police order was issued.

Yes, you are correct as far as the written rules go.

The info I got today came first from the officer lady attending to us and was confirmed by an other 'higher-up' lady (3 stars on the shoulder - no idea what that rank is) who spoke very good English and also my wife and me spoke Thai - no misunderstanding there!

So there appear to be some un-written rules regarding grandfathering.

opalhort

edit: should point out that I showed a print-out of the current order in Thai and pointed out 2.18.(6) to make sure they know what I was talking about.

[Thanyaburi Mac]

The old police order was abolished when the new police order was issued.

This is the only grandfather clause there is now.

6. If an alien who has entered Thailand before this order came into force and has been

continuously granted temporary stay as clause 2.18(6), in case the marriage with Thai lady, is

found to lack the qualifications as prescribed in this order, the Commissioner of the

Immigration Bureau or competent official shall consider and decide on the particular case

based on the prevailing reasons and circumstances within 1 year from the effective date

hereof.

xxxxxxxxxxxxx

Joe, altho not related to marriage extension, some retirees are also grandfathered:

Section 2.22

(6) For an alien who entered Thailand before October 21,

1998 and continuously allowed to stay in the Kingdom as a

retiree, the following shall apply:

(a) He/she must be 60 years of age or over and has regular

income. His/her bank account deposit shall not be less than Baht

200,000 a year and evidence of the account deposit for the

previous 3 months must be shown; or he/she has a monthly

income of not less than Baht 20,000.

( If he/she is under 60 years of age but not less than 55,

the alien shall have regular income with a bank account deposit

of not less than Baht 500,000 a year and evidence of the

account deposit for the previous 3 months must be shown, or

he/she has a monthly income of not less than 50,000 baht

xxxxxxxxx

Happily I got my first extension in May 1998. Problem is, tho, to find one of the "new" Immigration gal who knows this rule. They usually squirm and ask for bank book, embassy letter, etc, to see if I qualify on some other rule, which I've managed to do in the past.

Mac

[ubonjoe]

I have read that. And I am sure you have run into problems because somebody did not know the rules.

I it is just part of the frustration factor you have to live with when dealing with any bureaucracy.

[jamesjdaly]

Sorry to hear of your misfortunte, Opalhort. I hope things will work out for you soon. People laugh at me because I am always asking questions about an extension and documents needed and so on. I always cross my t's and dot my i's and leave nothing to chance, but there's always the hidden, unexpected pitfalls when dealing with Thai Immigration.

[opalhort]

Something that just came into my mind:

At the end of the current 60 days can I continue using the Thai wife option based on my previous extensions or do I have to leave TH to get a new visa and start all over?

opalhort

[ubonjoe]

You don't even have to wait the 60 days. I would do it as early as possible.

No problem jsut go back and get your extension.

[opalhort]

I am aware that I can apply for extensiion 30 or less days before expiry and I will certainly do that !!

My question now is:

Has this 60 days approval changed/cancelled my previous approvals based on my original visa or can I just continue as before, or do I have to get a new visa from abroad?

opalhort

[ubonjoe]

Nothing has changed you are on the same permit to stay you started with long ago.

The only thing that has changed iis the reason for the extension.