New Law On Renewal Of The Investment Visa?

[Potter]

So it is about time to renew my investment visa. I have bought some government bonds. But not yet the full 10m. Because when buying government bonds, it is usually allowed to purchase only 1m at a time. Therefor I have a mix between government bonds and money on my bank accounts. When I went to do my last 90 day report, I wanted to make sure I had the right documents for my renewal. They told me I could no longer do a mix between government bonds and money on my bank account. It must be either 10m in the bank or 10m in government bonds. That does not make much sense to me, because usually when the bank of thailand issues government bonds, they allow for a maximum of 1m purchase. They showed me some Thai law from 2553. I showed them my copies of the law. Obviously they trusted their own documents more. I went to Mae Sai immigration office, and also asked in Chiang Mai. Both places sais it must be either 10m in one, and a mix is not allowed. I mean, is this some trick for people not to be able to renew their investment visas?

I have tried to google.

1) Can anobody confirm or deny this new law on the renewal of the investment visa? All places I can find they say a combination is allowed. Fx. here http://www.sunbeltlegaladvisors.com/Thailand-Investment-Visa.php#

2) Does anybody have a link or pdf file for the law of 2553? I am interested in both the english and thai version.

Time is short. My visa expires on monday.

Thanks

Potter

Police Order 2008(1).pdf

[lopburi3]

The responsibility for investment extensions were given to Immigration to set standards or even stop so the requirement will be whatever immigration says AFAIK. Below is what police order 777/2551 said.

B. In case of an investment of not less than 10 million baht.

(1) The alien has obtained a temporary visa (NON-IM)

(2) Proof of money transfer to Thailand of not less than 10 million

baht.

(3) Proof of investment to purchase or rent for a period not less

than 3 years of unit in a condominium from an agency or

government agency concerned at a price of not less than 10

million baht.

(4) Proof of investment in the form of a fixed deposit of not less

than 10 million baht with a bank registered in Thailand with Thai

shareholders comprising more than 50% of its shareholders.

(5) Proof of investment to purchase government or state enterprise

bonds with a value of not less than 10 million baht or

(6) Proof of combined investments as set out in clauses (3),(4)

Or (5) having a total value of not less than 10 million baht.

[Mario2008]

As the documents shows, a combination is allowed.

A Thai version can be found here: http://www.immigration.go.th/nov2004/doc/temporarystay/policy777-2551_th.pdf

[lopburi3]

However that does not mean Immigration may not have changed the criteria as this is a special category and believe they have full control to alter/eliminate at any time. If they showed him a provision from 2553 it likely amended the requirements.

[Mario2008]

I couldn't find any change on the Board of Investment website, maybe the OP could contact the immigration hotline, who can tell him if there has indeed be a change or not.

Tel 1111 or 1178.

[lopburi3]

BOI gave control to Immigration some years ago I believe to do with it as they desired so believe totally an immigration issue now. Poster might want to phone Bangkok to see if they agree - if not perhaps it is a local office misreading of some memo and can be corrected.

[wpcoe]

And, regardless what pieces of legal paper say, if an Immigrations office wants to set down their own requirements, they do, right, wrong or indifferent.

Witness Hua Hin (and other) locations that require 3-month seasoning of funds for retirement extensions when using combination of savings + income. Written police order indicates no seasoning required, most Immigrations offices apply it that way, but other offices make their own rules and do what they want. Laws, schmaws.

(Jeez. Just re-read that, and I must have gotten up on the wrong side of bed! Regardless, the point I'm trying to make remains valid. They do what they want, with apparent immunity to repercussions.)

[Potter]

I phoned 1178. It is an answering and is referring to other numbers and speaking fast. Not sure which one I should try or try later. On 1111 they picked up the phone quite fast. They checked the law on the internet and said they read the same as me. I told them my story about Mae Sai. They adviced me to contact with the head office in Bangkok, and gave me the number to there, because there might be other reasons to why Mae Sai immigration would not issue my visa on my documents. On number 021417887 they told me to call 021417890. The last number nobody picks up. I found some other posts in here with people having documents, and local immigration still denied renewing their visas. It all makes me feel paranoid and uncomfortable.

[wpcoe]

@Potter, I played a very similar wild goose chase on the phones when I wanted to challenge Hua Hin's interpretation/application of three-month seasoning of funds, and met the same results. In fact, it all started while I was seated at the Immigrations officer's desk -- he gave me the original 4-digit phone number to call. I never did get through to anybody helpful/useful in Bangkok on the phone, I just gave up. They win, as they always do! <sigh...>

[Potter]

For the short happy message. I got my 1 year visa extension today. I will go in details further down for those interested in what happened. In short it was in the category of miss reading. I am thank full for all the nice advice I have gotten in this thread.

I have phoned bangkok many times. Most of the times, they did not pick up the phone. And when I finally got to speak with somebody, they gave me an other number. They were numbers such as 0214178xx. The last 2 numbers change a lot. I had even googled every telephone number, and had found some other threads on other topics with people having weird problems with the immigration requesting documents.

On number 1111 I was adviced to print the law and bring to the immigration office. I had alrady done this.Then he said, that the immigration might have a reason not to issue my visa. And adviced me to call the head quarter in Bangkok. It seemed like they never picked up the phone. And when I get through, the give me an other number to call. We tried to let my girlfriend call and speak in thai and only ask about what the law was. He read up from some document. It later turned out this is (almost) similar to the one the local immigration had shown me. But at that time, we did not know it. http://immigration.go.th/FAQs/faq01/sv_stay2.5.html It is available only in Thai under frequently asked questions. We later found this document and printed it. It is exactly point number 6 that says it allows me to the visa the way I want to do it. This document might have been updated on December 17. Therefor, the documents that I was shown in Mae sai, the first time, might not have had point number 6 on it. Because last time, my GF said, point number 6 was not on the document.

This morning we went to Mae sai. We had spoken with a local high in society. He had instructed my girlfriend how to speak. And to request a copy of their law, if we were declined the visa. We were declined the visa. I asked for a copy of the law. My GF said she had talked with immigration in Bangkok and they had said yes, and confirmed it was the same law all around Thailand. We were speaking with the local head of immigration. I asked what about point number 6 in her papers. She read point number 6. Immidiately she turned around and told the other person what it said. I was then requested all the documents it says I must provide. I had them all prepared. I got my 1 year visa extension.

[Mario2008]

Congratulations.

By the look of it, the Thai document exactly says what the Thai police order 777/2551 says since Nov. 2008. Seems it was just a faulty (incomplete) summary of the police order they were using.

[Potter]

Bangkok confirmed it was police order 777 that was currently in use. Just weird they turned my documents down so quick. Weird their document was the same document as what we read under frequently asked questions. Weird that Chiang Mai told me the same as Mae Sai. Any clue if there might have been information written under my passport in their computers, so they look at the same information when I go to an other immigration office?

Good it is all cleared now.

[Maestro]

Potter's experience gives us a little insight into how they work at immigration. From the look of it, the immigration head office gives the regional offices these notes, like a quick guide, with all the criteria and requirements for individual types of extension. Perhaps a mistake was made when the text for the quick guide was typed based on Police Order 777/2551 and Immigration Bureau Order 305/2551

His experience also shows that, contrary to what some posts stated, with some perseverance one can get an immigration officer to change his mind and receive an extension of stay in line with the official requirements.