Nightmare At Samui Immigration

[parallaxtech]

Help please! I have been on a non-imm 0-A retirement visa for five years. My extension expires 9 May 2010. I went in to Nathon today with my bank books and bank letters like I always do. I have 2MB in an interest bearing account that can be withdrawn in one day (fund book) and 400KB in a regular account. They told me that the new rule is that you can't be earning any interest on your money, so only the 400kB is relevant. I got my lawyer to speak to them and they just arrogantly told us to get out and for me to go back to the US.

I am wondering if I can try Bangkok Immigration on Monday. My lawyer says they are easier to deal with. Someone also suggested that I leave and go to a Thai consulate and renew my visa.

Any suggestions?

Thanks,

Mike

Edited May 7, 2010 by parallaxtech

[Rooo]

Moved to Visa section ,for more specific replies.

[lopburi3]

A "fund book" is what exactly? The deposit needs to be in cash, either a savings account or fixed deposit account. If by "fund book" you mean bonds/stocks and such do not believe any office should accept. As for Bangkok that would not be an option as it must be done where you live - all Bangkok could do is instruct the local office if they had the rules wrong.

You can not "renew" a visa and the only place you could obtain a new non immigrant OA visa would be your home country.

There can be no such rule that you can earn no interest that I have ever seen mentioned - even a normal passbook account earns interest.

[Rooo]

How about crossing the border, get a new O visa, leave the money in the bank for 2 months then get a new OA?

[Lite Beer]

How about crossing the border, get a new O visa, leave the money in the bank for 2 months then get a new OA?

An O-A Visa can only be applied for in his own country.

If applying for a 12 month extension 800,000 Baht needs to be in the bank for 3 months if using the bank method.

As Lopburi said the bank account needs to be a cash account not a bond account.

Also as he said the Op can only apply at Samui Immigration.

[parallaxtech]

A fund book is a cash account that earns .75% interest and all money can be withdrawn the next day -- has nothing to do with stocks or bonds.

[Lite Beer]

If you are talking about a fixed interest account that is usually accepted.

[Rooo]

How about crossing the border, get a new O visa, leave the money in the bank for 2 months then get a new OA?

An O-A Visa can only be applied for in his own country.

If applying for a 12 month extension 800,000 Baht needs to be in the bank for 3 months if using the bank method.

As Lopburi said the bank account needs to be a cash account not a bond account.

Also as he said the Op can only apply at Samui Immigration.

Where do you apply for an O then LB ? My neighbour had an O , also several people I know & they had it changed into OA here on Samui. They had to have the money in for 2 months.

[parallaxtech]

Moved to Visa section ,for more specific replies.

Roo, thanks! Do I need to notify Immigration that I am leaving or just let the non-imm o-a expire? I thought one has to go back to their home country to get a new non-imm o-a returement visa?

[parallaxtech]

I got my o-A visa at the Thai Embassy in Washington, DC in 2005. I have renewed it each year in Nathon showing the same bank books. I want to avoid Samui Imm if possible in the future as I've never seen a nastier group of people in my life!

[theoldgit]

I suspect that the IO has made a mistake but having made the "go back to the US" remark I doubt if he would be mindful to rectify his error. Probably he didn't take kindly to your lawyer putting him right.

[Rooo]

Moved to Visa section ,for more specific replies.

Roo, thanks! Do I need to notify Immigration that I am leaving or just let the non-imm o-a expire? I thought one has to go back to their home country to get a new non-imm o-a returement visa?

As LB & Lopburi said, yes you have to go to home country for OA . But O is different, I can stand corrected, but it is also for 12 months, but you have to a border run every 3 months & can be obtained from one of the neighbouring consulates.

[parallaxtech]

[LB: Yes, fixed interest and they have accepted it for the last five years, but now they won't.

[Rooo]

Only other way, have a talk to Herbert across the road.Might be able to smooth things for you.

[lopburi3]

You do not have an OA visa and what you get from immigration is never an OA visa - so yes you can just leave at any time before your current extension of stay expires and apply for a single entry non immigrant O visa at a nearby Consulate and return for a 90 day stay on that and extend at the end of that for a normal one year for retirement.

I would take 400k out now and put with your passbook account (or more if you need to use) and keep that over 800k for 2 (or 3 if they will not treat as first extension) and apply for new extension near end of new 90 day entry. If you do transfer before your current extension ends you should be safe for both 2 or 3 month requirement. And expect having a lawyer is not a good idea as retirement is a very simple process and policy often do not appreciate, or suspect something amiss, when a lawyer appears.

[parallaxtech]

[As LB & Lopburi said, yes you have to go to home country for OA . But O is different, I can stand corrected, but it is also for 12 months, but you have to a border run every 3 months & can be obtained from one of the neighbouring consulates.

Thanks, Roo. So my options are as follows:

1. Go back to the US and apply for a new o-a visa and then face the hassle with Samui Imm again next year when they come up with a new rule.

2. Do a border run and get an o visa. What is required for an o visa?

[FarangBuddha]

Why are you (or anyone else) bothering with these crap O-A visas? As you seem to have plenty of the folding stuff, why not just put the minimum necessary in an ordinary Thai bank savings account (I guess it's still 800k like most other retired expats who use the bank deposit scheme) and couple that with an ordinary Non-Imm O visa from Penang or back in USA? Seems much easier than keeping over 2.5M baht in your various bank accounts and still getting the stiff-arm from the immigration folks. [As an aside, the fact that you even had that much money to begin with probably pisses off the lowly paid civil servants at immigration to no end and they either figure by making it difficult for you will earn them a "donation" to make it all go smoothly or they just want to give you a hard time because you've got so much more money than they do.]

Of course, the other super easy way is to just get the pension letter from the US Embassy in Bangkok (about B1000) and use that (along with a few hundred thousand baht in a local bank) to extend your "retirement" visa

Edited May 7, 2010 by FarangBuddha

[Rooo]

Thanks, Roo. So my options are as follows:

1. Go back to the US and apply for a new o-a visa and then face the hassle with Samui Imm again next year when they come up with a new rule.

2. Do a border run and get an o visa. What is required for an o visa?

Read Loburi's post # 15. As requirement? Don't know sorry.

[Robby nz]

I had a similar problem a year or so back at Hua hin. I had more than the required 800k but in two seperate accounts one an intrest bearing Acc and they said the money had to be in only one acc (not what their rules say) This was before the change that said the money had to be in the bank for 2 months before due date

I had not left renewal to till the last day so was able to transfer the money to the one non interest acc and apply again. However they would only give me a 6 month extention to the retirement visa and I had to go through the process again in 6 months.

Now you have the added complication of having to apply in the area where you live and having left it till the last day no possibility of a quick change of address

[Lite Beer]

When I lived in Samui they always accepted a fixed account.

You can always try asking to speak to the Immigration Office Captain.

If that fails make sure that 800,000 is in an account that they will accept.

Visit a neighbouring Thai Consulate and get a single entry Non Imm O Visa.

Once the money has been in the bank for 3 months (they may accept 2)

apply again for a 12 month extension.

Maybe Lopburi has another idea.

I personally think they they should accept your current bank account.

[lopburi3]

Just being over age 50 should allow a local Consulate to issue a single entry non immigrant O visa. But few will issue a multi entry anymore unless married. The US will only issue non immigrant OA visa (no O types) if your reason is retirement - but the multi entry non immigrant OA covers you for almost two years stay in Thailand as you get one year on every entry so if you enter just before it expires you have another year. You would have to obtain re-entry permit for travel during that second year to keep it alive (just as with any extension of stay).

[parallaxtech]

You do not have an OA visa and what you get from immigration is never an OA visa - so yes you can just leave at any time before your current extension of stay expires and apply for a single entry non immigrant O visa at a nearby Consulate and return for a 90 day stay on that and extend at the end of that for a normal one year for retirement.

I would take 400k out now and put with your passbook account (or more if you need to use) and keep that over 800k for 2 (or 3 if they will not treat as first extension) and apply for new extension near end of new 90 day entry. If you do transfer before your current extension ends you should be safe for both 2 or 3 month requirement. And expect having a lawyer is not a good idea as retirement is a very simple process and policy often do not appreciate, or suspect something amiss, when a lawyer appears.

Thanks, I think I will take this option. So, let me see if this is correct. My extension expires this Sunday so I will leave tomorrow for Malaysia and request an O visa that should be good for three months. I have already transferred the 800KB into a non-interest account so that will be no problem. At the end of three months do I go to Samui Imm and ask them to extend to a normal one year retirement visa?

I took my lawyer with me because each year they ask for a bribe and I don't like dealing under the table when I've done nothing wrong. This year they were just plain mean!

[lopburi3]

I expect the days of bribe may be over and showing in there manner. Yes your plan above should be fine - what you will be doing is asking for an extension of stay for retirement (it is not a visa).

[parallaxtech]

Just being over age 50 should allow a local Consulate to issue a single entry non immigrant O visa. But few will issue a multi entry anymore unless married. The US will only issue non immigrant OA visa (no O types) if your reason is retirement - but the multi entry non immigrant OA covers you for almost two years stay in Thailand as you get one year on every entry so if you enter just before it expires you have another year. You would have to obtain re-entry permit for travel during that second year to keep it alive (just as with any extension of stay).

What if I fly out today or tomorrow and return tomorrow -- extension expires Sunday. Would this give me another year? Will the airport give me a re-entry permit or do I have to go back to the devils at Samui Imm?

[goldfinger]

"""

to the devils at Samui Imm? """"

oh oh....

[Rooo]

Just being over age 50 should allow a local Consulate to issue a single entry non immigrant O visa. But few will issue a multi entry anymore unless married. The US will only issue non immigrant OA visa (no O types) if your reason is retirement - but the multi entry non immigrant OA covers you for almost two years stay in Thailand as you get one year on every entry so if you enter just before it expires you have another year. You would have to obtain re-entry permit for travel during that second year to keep it alive (just as with any extension of stay).

What if I fly out today or tomorrow and return tomorrow -- extension expires Sunday. Would this give me another year? Will the airport give me a re-entry permit or do I have to go back to the devils at Samui Imm?

Only works on your original visa with a multiple entry, not on extensions.

[Lite Beer]

What if I fly out today or tomorrow and return tomorrow -- extension expires Sunday. Would this give me another year? Will the airport give me a re-entry permit or do I have to go back to the devils at Samui Imm?

No. Your extension expires on Sunday. You would only get 30 days when returning.

You need a Visa from a Consulate.

BTW in the future if applying for a Re Entry Permit you would have to apply at Samui Immigration.

[parallaxtech]

Thanks, everyone. You did a good deed for the day and their are some kind hearts on TV.. I will do as several suggested and go on a visa run tomorrow and apply for the O visa. I did go back to my bank and told the bank mgr to advise all farangs that accounts drawing interest would not be acceptable at Immigration. I think they have an obligation to do this as I specifically asked the bank mgr if this account was ok for Immigration

[parallaxtech]

What if I fly out today or tomorrow and return tomorrow -- extension expires Sunday. Would this give me another year? Will the airport give me a re-entry permit or do I have to go back to the devils at Samui Imm?

Only works on your original visa with a multiple entry, not on extensions.

I have a multi-entry non imm o-a. I guess Bangkok Airport would not issue a re-entry permit before leaving to keep my visa alive and then I could return on Sunday and get my 12-mos extension?

[jamesjdaly]

Virtually impossible to get a RE entry permit at BKK airport according to many TV posters. Apparently, they will give you one only in an emergency (whatever that constitutes!!).