12 Month Extension Grandfather Rights?

[Generalchaos]

Hi,

just curious, but about the time I came to stay here, the immigration changed the criteria for the 12 month extension based on marriage, from a joint bank account with 250K Baht to a joint bank account with 400K Baht, which has been changed again to a sole account with 400K Baht.

 

Is there anyone still staying here these days that still have "Grandfather" rights and can still get the marriage extension based on a joint account with 250K Baht?

 

When I applied for extension they insisted on a joint account, and they would accept my wife's earnings at the time to meet the 400K, obviously it has changed a bit since then but would be interested to know if some old timers are still on the 250K.

 

Cheers.

[evadgib]

Joint accounts went out in my neck of the woods (Samui) more than a decade ago.

 

HTH

[Generalchaos]

15 minutes ago, evadgib said:

Joint accounts went out in my neck of the woods (Samui) more than a decade ago.

 

HTH

Up Here too, but what about the 250K that was needed before they upped it to 400K? Is anyone still able to get an extension on 250K?

 

I couldn't understand at first why they went from the joint account to the sole account, as to anyone with any sense the joint account sort of indicated a relationship of sorts. (along with the declaration you had to sign at the Amphur when buying land to make sure that you had no claim to the land as part of the marriage)

 

In fact, if I remember correctly, when we were first looking to settle back here (mid 1990's) , a Thai lady, if she married a foreigner had to give up any land that was in her name.

 

However, the single account makes it impossible for the foreigner to use any income generated by the spouse to be included in the finances for the extension.

 

When I first came here, they took the 400K as a given, being in the bank. However, they then questioned my wife about her earnings (We grew fruit trees) They even hyped the earnings up to almost twice what we actually made and wrote it into the extension application...like some sort of additional guarantee!

 

How things have changed eh!

Edited November 26, 2016 by Generalchaos

[dentonian]

I don't know where you get the figure of 250k baht from.

 

A friend of mine, been here over 21 years, gets his grandfathered extension based on retirement using the income method of 20,000 baht per month. I believe it's only 200,00 if using funds in a bank account.

[Thaidream]

My memory is the same- I don;t remember anything other than a 20K/200K for a one year extension under the Immigration Act of 2522 until for marriage it went to 40K/400K  and eventually  to 500K and 800 K for retirement It appears when the requirements changed everyone who was here on the old requirements were grandfathered/ However to keep the old level one must keep extending on a continuous basis without breaking the chain of extensions.

[moe666]

15 minutes ago, dentonian said:

I don't know where you get the figure of 250k baht from.

 

A friend of mine, been here over 21 years, gets his grandfathered extension based on retirement using the income method of 20,000 baht per month. I believe it's only 200,00 if using funds in a bank account.

He is asking about a extension of stay based on marriage

[ubonjoe]

On 11/26/2016 at 10:15 PM, Generalchaos said:

Up Here too, but what about the 250K that was needed before they upped it to 400K? Is anyone still able to get an extension on 250K?

 

I couldn't understand at first why they went from the joint account to the sole account, as to anyone with any sense the joint account sort of indicated a relationship of sorts. (along with the declaration you had to sign at the Amphur when buying land to make sure that you had no claim to the land as part of the marriage)

 

In fact, if I remember correctly, when we were first looking to settle back here (mid 1990's) , a Thai lady, if she married a foreigner had to give up any land that was in her name.

 

However, the single account makes it impossible for the foreigner to use any income generated by the spouse to be included in the finances for the extension.

 

When I first came here, they took the 400K as a given, being in the bank. However, they then questioned my wife about her earnings (We grew fruit trees) They even hyped the earnings up to almost twice what we actually made and wrote it into the extension application...like some sort of additional guarantee!

 

How things have changed eh!

There was no grandfathered clause when they increased it from 250k baht to 400k baht for extensions based upon marriage. There may of been a grace period for the first year when they raised it.

It was not until 2006 that they allowed a wife's income or a mixture of the husband and wife's income and joint bank accounts. Then in 2008 they went back to only the husbands income and no joint accounts.

There is no reason the wife's income could not be deposited in the husbands account to have the 400k baht in the bank. The 400k baht could even be left in the bank untouched and the family could live on the wife's income or income from a family business.

[Thaidream]

At one point there was no difference in the requirements for 1 year extensions for marriage  or retirement 20K/200K. When the  Act of 2522 was revised they created different requirements for marriage and retirement as well as investment/

[Thaidream]

I will bow to UbonJoe on this one- my post waas based on memory but I just don't remember a 250K level.  I tried to pull the Immigration Act of 2522 but it doesn't give many details. I believe the 400K level has remained constant since it came into effect and the other changes were made to retirement which they grandfathered.

[Thaidream]

Just an addendum - when the 400K level was established for marriage it  did not have to be grandfathered after that because it has not changed and I hope doesn't change.

anyone have a link to the old requirements prior to 2006.

[ubonjoe]

23 minutes ago, Thaidream said:

I will bow to UbonJoe on this one- my post waas based on memory but I just don't remember a 250K level.  I tried to pull the Immigration Act of 2522 but it doesn't give many details. I believe the 400K level has remained constant since it came into effect and the other changes were made to retirement which they grandfathered.

The immigration act does not list the basis for extensions or the funds needed for it. It only has different categories they can fall under. The requirements and basis for extensions are done in police orders.

They raised the requirements for retirement and marriage extensions in 2003.

Marriage went to 400k baht from 250k and the income went from 25k to 40k baht. They raised them to adjust for the devaluation of the baht. Using the exchange rate of 25 baht to the dollar prior to the devaluation and rate in 2003 of around 40 baht you can see the adjustment. It was $1000 to reach 250k baht and they changed it to to 400k baht which at 40 baht is also $1000.

The grandfathering for retirement has different levels dependent on age and etc. From clause 2.22 of the current police order.

Quote

(6) An alien who entered the Kingdom before October 21, 1998 and has been
consecutively permitted to stay in the Kingdom for retirement shall be subject to the
following criteria:
(a) Must be 60 years of age or over and have an annual fixed income with fluids
maintained in a bank account for the past three months of no less than Baht 200,000 or
have a monthly income of no less than Baht 20,000
(b) If less than 60 years of age but not less than 55 years of age, must have an
annual fixed income with funds maintained in a bank account for the past three months
of no less than Baht 500,000 or have a monthly income of no less than Baht 50,000

 

[Thaidream]

UJ- thanks for that- your post refreshed my memory and as usual you were right on the money- prior marriage increase was due to exchange rate as a result of the 1997/1998 economic meltdown in Asia. I was working at the time and didn't need the marriage extension so I had forgotten the exact level. Let's hope the current level stays the same. 

[Farang99]

17 hours ago, ubonjoe said:

The immigration act does not list the basis for extensions or the funds needed for it. It only has different categories they can fall under. The requirements and basis for extensions are done in police orders.

They raised the requirements for retirement and marriage extensions in 2003.

Marriage went to 400k baht from 250k and the income went from 25k to 40k baht. They raised them to adjust for the devaluation of the baht. Using the exchange rate of 25 baht to the dollar prior to the devaluation and rate in 2003 of around 40 baht you can see the adjustment. It was $1000 to reach 250k baht and they changed it to to 400k baht which at 40 baht is also $1000.

The grandfathering for retirement has different levels dependent on age and etc. From clause 2.22 of the current police order.

 

 

I entered the kingdom on 20 October 1998 aged 63 and was given a year's retirement visa based on 400,000 in the bank. However, when the level was raised to 800,000 I was required to follow that - no grandfathering for me. Any chance I can get them to do it retrospectively - after all, I inadvertently beat the deadline by one day?

[dentonian]

4 hours ago, Farang99 said:

 

I entered the kingdom on 20 October 1998 aged 63 and was given a year's retirement visa based on 400,000 in the bank. However, when the level was raised to 800,000 I was required to follow that - no grandfathering for me. Any chance I can get them to do it retrospectively - after all, I inadvertently beat the deadline by one day?

 

Provided you have continually continued to obtain extensions based on retirement since your entry, I'd say you have a case.