ED Visa for dual national (non Thal) 9 yr old on overstay then 327/2557 Cases 2.9/2.11 for Child/Dad

[digitalchromakey]

A good friend of mine has a number of relatively complex visa plus extension of permission to stay issues that he needs to resolve over the next few months.

 

Firstly he works off shore in the North Sea, but not on a 28:28 cycle and up to now has been using Non Immigrant ‘b’ visas for convenience. He does not currently have a Thai Work Permit (he used to work in Thailand so has had numerous WPs in the past).

 

He two daughters aged 11, 9 who are European/Asian (not Thai) dual nationals; both were born in Thailand and have lived here all their lives.

 

Now his eldest daughter is already on a 777/2551 Case 2.9 extension and his wife is on a 777/2551 Case 2.11 extension.

 

With the current changes to overstay regulations/penalties he has decided to also get his second daughter onto a 2.9 extension and for convenience to get a 2.11 extension for himself.

 

Family is based in Phuket, but he plans to enter Thailand via BKK next week to hopefully offset any possibility of being asked to show a WP that he doesn’t have. He will also bring copies of European work contracts, etc.  I don’t think that this will be an issue.

 

Plan is to travel by land to Penang before the 29^th  August, clearing his child’s overstay at the border (no cost, just paperwork), to then get a Single entry 90 ED visa for his nine year old; they already have all the correct papers from her school for this.

She will then travel back to Phuket with her Mum and Sister, he will then fly direct back to work in Europe.

 

So his nine year old’s 90 day non immigrant 'ED' entry will start say Sept 1 and she will thus be eligible to apply for a 2.9 extension after the 1^st November which should be granted running from around the 1^st December onwards.

 

Can the money be in Mum's account or does it have to be in his?

 

It's not clear from 327/2557 Case 2.11 which states:

 

In the case of parents, funds must be deposited in a bank in Thailand, under the

father's or the mother's name, of no less than Baht 500,000 for the past three months. For the

first year only, the applicant must have proof of a deposit account in which said amount of

funds has been maintained for no less than 30 days prior to the filing date

 

 

He plans to travel to Phuket via BKK in mid October and enter again on his multiple Entry non ‘b’ (Use before date is mid November).

 

My main question is this, can he apply for a 327/2557 Case 2.11 extension at the same time as his daughter applies for her 327/2557 Case 2.9 extension after the 1^st November, even though he will only have been in Thailand for a couple of weeks at this point, since his application would be based on his daughter’s eligibility (this is assuming the 500k has already been in the bank for a month)? Also if he gets the extension at this time, will the expiry dates be the same for both of them?

 

I am aware that the Dad will also need to be in Phuket on 1st January to pick up the balance of the 12 month 2.11 extension.  

 

He will also need to get a single re-entry permit to preserve the conditional approval whilst he is back at work.

[ubonjoe]

It seems he has a good plan.

The 500k needs to be in an account in his own name for 30 days for the first extension. The clause is written with OR because only one parent can get the extension it does not refer to the funds directly. It thus means the parent applying for the extension would need their own funds.

He should get a re-entry permit for his 90 entry so that entry will be within the last thirty days of it when he returns. If he comes in and a new 90 day entry he will not be able to apply for the extension.

 

[digitalchromakey]

It seems he has a good plan.

The 500k needs to be in an account in his own name for 30 days for the first extension. The clause is written with OR because only one parent can get the extension it does not refer to the funds directly. It thus means the parent applying for the extension would need their own funds.

He should get a re-entry permit for his 90 entry so that entry will be within the last thirty days of it when he returns. If he comes in and a new 90 day entry he will not be able to apply for the extension.

 

Thanks - the re-entry permit on the August 90 day entry was a piece of the puzzle that I had missed - much better.

 

Just for reference when his wife did the 777/2551 Case 2.11 Extension last year she got her non 'o' visa 90 day entry just days before just before they both went to immigration for an extension at the same time. I am told that Phuket Immigration did both extensions straight away, but didn't understand how this could be, hence my question.

[ubonjoe]

Some off topic and abusive posts have been removed. FYI the OP is known to me as a regular poster on this forum I can assure you he is asking for a friend.