Extension Of Stay Based On Retirement Problem

[Boatman37210]

I'm using monthly income plus bank deposit to qualify for first extension of stay based on retirement. I have read several places on the internet where if using income plus bank deposit the bank deposit is not required to be in the bank for any specific length of time.

Today my Thai wife called the local immigration office to double check a few items and she was told the bank deposit has to be there 3 months even if using monthly income and bank deposit to qualify. My original one year stay is up Dec 3. We are talking little money, but I did not transfer to my Thai bank account until this week. I keep my money in the US and draw out with ATM as needed.

Has anyone encountered immigration requiring the 3 months on the bank deposit when using monthly income and cash?

I am thinking about asking immigration to wave the 3 months for this first extension and telling them I will make sure it is there next time. We are talking about very little money. If they refuse, I guess I have to go extension based on marriage and from what I understand it is a pain to do.

Any advice is greatly appreciated.

Thanks.

[TommoPhysicist]

Extension based on marriage is easy to do, don't worry.

More work for immigration officials, but then they should be grateful for you keeping them fully employed.

[lopburi3]

The requirement is two months (not 3 months) for first application even when only using money. Have them read the law - they have no basis to require and should remove such demand. Have seen several reports and it has been removed or 'do next year'. If indeed they do not want or you want to avoid issue they should be willing to provide a 60 day extension of current entry on basis of visiting Thai wife.

[Thai Chi]

@ Boatman37210 any chance of mentioning which office (assuming its allowed)

I am due for extension early next year and my office has already told at least one person the same.

[Boatman37210]

Samut Sakhon immigration office

[gamini]

Problem is. How much Income and how much deposit. Presently I am on 800k deposit for my retirement visa. . I would like to do my visa as income and deposit. But my pension is very small at 200k a year. So if there really is no time requirement for money on deposit then I could put Bt600,000 in the bank just for on week???

[Jingthing]

Problem is. How much Income and how much deposit. Presently I am on 800k deposit for my retirement visa. . I would like to do my visa as income and deposit. But my pension is very small at 200k a year. So if there really is no time requirement for money on deposit then I could put Bt600,000 in the bank just for on week???

Under the written law: absolutely yes. One day even.

Answering the OP, sadly, yes there have been reports over the years of a few provincial offices that are INCORRECTLY applying the law and incorrectly requiring money seasoning on combination (income plus bank account) applications.

I have a comment about the OP though. Just "calling" an office doesn't mean you're getting the best information. Did she speak to the actual officer than processes retirement extensions? If not, I would be skeptical of the information about incorrect enforcement that you did get. It is the easy thing for a non expert to just say seasoning is always required there. Doesn't necessary mean that will be applied there upon application.

Edited November 20, 2012 by Jingthing

[Boatman37210]

I have a comment about the OP though. Just "calling" an office doesn't mean you're getting the best information. Did she speak to the actual officer than processes retirement extensions? If not, I would be skeptical of the information about incorrect enforcement that you did get. It is the easy thing for a non expert to just say seasoning is always required there. Doesn't necessary mean that will be applied there upon application.

That's what I'm hoping for. I just have to go there and see what happens. Per my 90 day reporting experiences the people there are very nice and helpful. It's always packed with people, but they have always put me to the front of the line at least so far. I'm always the only non-Asian there, so maybe that has something to do with it.

The way the law reads there is no seasoning requirement for the combo method, but I wonder if that was the intent. Hard for me to believe that someone with say 50,000 baht annual pension income can get by not seasoning the 750,000 baht bank deposit. The guy who has no pension has to season his 800,000, but the guy with 750,000 does not just because he has a 50,000 pension? Just my thoughts.

I have no problem seasoning. It's just that I need to know the rules. I thought I had this covered because of all the web sites that said no seasoning required. I'm going to immigration this week, so I'll find out and will know what to do in the future. But that doesn't help me now. I'll just hope for the best and plan for the worse.

Thanks everyone for the input.

[Jingthing]

The written rules are clear. There is no minimum amount of money needed for the income portion if using the combo method that would impact the lack of need to season the bank account portion. The intention really isn't relevant. They are there to enforce written laws. Of course officers can always question the validity of the income stated in the embassy letter and ask for more evidence but they usually don't. Under the law they really don't have the legal authority to enforce money seasoning in cases when the law doesn't require it. They would be making up laws that don't exist. So such cases could be challenged and taken to a higher level, but of course you'd need to be very diplomatic. Some officers enforcing it this way be just be ignorant of the law, and the last they want to hear is a foreigner teaching them about laws that is their job to enforce.

Edited November 20, 2012 by Jingthing

[ThaidDown]

As said no seasoning time required suggest go with wife and let her point out the error of their ways, ( only suggesting wife do it as she can do it gently but forcibly in a Thai way, well my wife does)

If that fails then, as lopburi3 said go for the 60 day extension to visit wife. At the end of this period the money will be seasoned for a first yearly extension, which could be for marriage or for retirement as you wish.

[wpcoe]

To rehash an old anecdote of mine: One time when I attempted to extend for retirement using the combo (income+savings) method, the Immigrations Officer at an upcountry location told me I didn't qualify because the money wasn't seasoned for 90 days. He offered me an alternative method costing B4000 where I could return after the money was seasoned.

After a civilized back-and-forth discussion, including using the English translation he provided which backed my point, he simply then proceeded to process my extension. Without the money being seasoned.

Draw your own conclusions. I did.

[lungbing]

In October last year and again this year when I applied for my retirement extension the immigration officer checked that the amount I had in the bank, being the difference between my yearly pension income and the required 800,000 baht, had been there for 60 days. This was in Khon Kaen office.

As from early next year I shall be in receipt of enough pension income not to need anything in the bank, but of course will have.

[lopburi3]

Actually if using money in bank the requirement is 60 days the first time and 3 month after that so it seems they were not even using the correct bank deposit method.

[lungbing]

Which surprises me not at all!

[Boatman37210]

Update. Went to immigration today. They gave me the same answer that I received over the phone requiring the money be there 3 months. I took a copy of the law in English, but they would not look at it. Tried to explain through my wife that it was not required, but they would not budge. However, since this was my first extension they approved it, but in the future said I must do the 3 months seasoning. Anyway, some offices are requiring seasoning even when using the pension and bank deposit method.

How do you convince an office they are applying the law incorrectly? Or, do you just say forget about it.

[Mario2008]

If an officer appears not to apply the rules correctly you can contact the goevrnment information line at 1111 and they will connect you with an English speaking immigration official who can tell you the rules.

If need be they will contact the office in question and tell them how to proceed. Of course one would not make friends at that immigration office. And always make sure first you understand everything. Not seldom is one of the opinion to be in the right, but when asked for details it turns out that the officer was indeed right. (This is just a general comment, not directed to you).