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johnny1966

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Posts posted by johnny1966


  1. 33 minutes ago, BritTim said:

    Non O (marriage and parent) is potentially tough. The Thai authorities might decide to make conditions tough for visas, but ease slightly the requirements for extensions. The objective would be to facilitate families staying together without the need to travel. That would still create a difficult situation for some families who have limited financial means. That would be additional to others who ought (in my view) to qualify for family visas that do not currently qualify for extensions or visas. Examples are those in same sex relationships and those supporting children that are not their own.

     

    The fact is that life is not always fair. The current crisis is undoubtedly going to end up hurting some other than merely financially.

    In saying this, do you think that the days of the multiple entry non o visa may be numbered?

    • Haha 1

  2. Non O Multi, permission to stay expired 14th April, visa valid until June 25th. Questions; Am I covered under the Amnesty without overstay until July 31st and, if I can border bounce prior to June 25th will I be stamped into Thailand for a further 3 months, or, can I do a 60 day extension prior to June 25th?


  3. 5 hours ago, steven100 said:

    As far as I know you are ok to travel, there are limited flights to Udon Thani, Vietjet & Nok I think. 

    Ubonjoe may confirm this further.

     

    The flight should be no problem. I'm more concerned about the road trip from Udon Thani to Nong Bua lamphu, albeit a short journey.


  4. 2 hours ago, brewsterbudgen said:

    I disagree, but if you're right they will just have to extend the amnesty again.  I think borders with Laos, Cambodia, Malaysia will be slowly opening from 1 May, and this should enable the border runners to do their runs.  Flights to US and UK have never been completely suspended, so there's no reason why they won't increase in frequency in May/June.  If Australia continues to be hardcore and not admitting their own citizens, I guess Aussies stranded here will have to get a letter from their Embassy which will enable Immigration to extend their stay past 31 July.

    Australia are admitting their own citizens. 14 day quarantine applies of course.


  5. 5 hours ago, bbi1 said:

    31st July is way too short. They should've given the amnesty until at least 31st December 2020.

     

    Doubt borders will open in 3 months. Australia said December at the earliest, if not in 2021. Aussies are stuck here in Thailanduntil the end of this year, at least.

     

     

    What do mean "Aussies are stuck here until the end of this year?" Aussies can fly back to Australia now if they want, quarantine conditions apply.

    • Like 1

  6. 7 hours ago, ubonjoe said:

    That is certainly not a requirement at the embassy or the consulate in Sydney. One of the honorary consulates might ask for it.

    No mention of it here. http://www.thaiembassy.org/sydney/en/other/96010-NON-IMMIGRANT-VISA.html

    Edit: Same here for Melrourne: 

    https://static1.squarespace.com/static/564565b4e4b03880a2ff050f/t/5d50dd7f65aed9000156cbfc/1565580676061/Spouse_12082019.pdf

    One of the requirements for non o Melbourne application according to the form above is "copy of visa, work permit, of a spouse or parent currently working in Thailand". Does this mean a visa or work permit of my wife? If she isn't working?


  7. On 3/11/2020 at 10:29 AM, AussieBob18 said:

    Last first - yes they deliberately provide vaque information that is not too specific, because each claim/case is assessed based on its own merits, because everyone has different circumstances.  That is the official reason - but the real reason is so that they can minimise your payments and/or reject your claim.  Unlike the ATO who provide legal and binding information (to all people) and have official sanctioned/qualified advisers (accountants etc.), CLink will not give definitive information - either over phone, in writing, or on via their web site. CLink advice is always informal - you have to lodge a claim - then you get definitive advice.  So therefore my advice is the same as any official qualified CLink adviser - and there is none 🙂

     

    1.  The proceeds from selling your house in Australia do not affect your income or asset amounts, which as you should know determine how much pension you are entitled to receive, if you commit to CLink that you are going to purchase a new home and you do that within 12 months.  BUT - does this apply if you are going to be purchasing a 'main residence' overseas - I do not know and have never got an answer - several phone calls - lots of web searches. 

     

    1A - The amount of pension you get is determined by your assets and income.  If you own a home the assets limit is $XXX AUD and if you dont own a home the assets limit is $YYY AUD.  Many assets that are not your home are considered to be a 'financial asset' and they are 'deemed' - CLink determines an arbitrary rate of interest and that amount is added to your annual income.  My read of all the possible scenarios is that you want to have a lot more assets than you do income - it is much easier to go over the income limits if the $value of your home becomes a financial asset than it is to go over the assets limits for that same amoutn of $value - for most people.   

     

    2. Yes - if you get married and advise CLink then you will be paid at the married rate.  Most Expats overseas dont 'officially' get married (via Embassy) for that reason, and because any relationship in Thailand is not official unless you do officially get married. Most Expats stay single as far as their advice to CLink and they dont say they are living with anyone long term either.  But if they do live with sdomeone and get 'caught' they plead ignorance and say they thought because it was not a marriage as it is not legal in Thaland (unlike in Aust). 

     

    If you have been living in Australia for 10 years prior to getting pension you can take it overseas - you should call CLink before you leave to make sure you have 'portability' (before you even buy a ticket etc) - but dont tell them you are going to do it - say you are thinking about it in a few years and would like to know.

     

    You will get 100% of age pension (minus a few small items) when overseas if you have been in Aust for 35+ years prior to applying - lesser amounts down to 10/35 for 10 yrs - nil if less than 10 years if you go overseas. If you tell CLink that you are going and never coming back, they will immediately reduce the payment to wehatever percentage based on the number of years in country, and also remove some small payments (electricity bonus etc.).  If you say you are going and probably coming back after 3-6 months (you dont know), they will automatically reduce it after 26 weeks if you are still overseas - best to tell them if you have decided to stay after about 5 months - especially if you were living in Australia for less than 35 years.

     

    Great insight. So, if I lived in Australia from birth till 34yo, then in Thailand from 34 to 60, then Australia till pension age, Im not entitled. Is that right?


  8. 23 hours ago, scorecard said:

    Your birthdate for Age Pension       Age Date to claim 

     

    1 January 1954 to 30 June 1955      66 years old 

    1 July 1955 to 31 December 1956    66 years and 6 months old

    On or after 1 January 1957             67 years old 

     

    Australian Working Life Residence (AWLR). A person is able to continue receiving the full amount overseas that they are eligible for within Australia if they have an AWLR of 35 years of more.

     

    It's not calculated by how many years tax has been paid.

     

    It's calculated by years a citizen was in Australia from 16th birthday.  

     

    The applicant must have the classification of 'resident' to be able to apply, and must physically be in Australia on the date of lodging the application.

     

    For people born outside of Australia these rules can be a bit different especially if the person lived in another country and then migrated to Australia and that person is entitled to some form of pension/allowance from the other country. See the Centrelink website for more details. 

     

    Centrelink has a permanent live link to Australian Immigration which means they have an ongoing continuously building file on your movements every time you leave and return to Australia but they don't know where you go when your out of Australia.

     

    If you achieve 'portability' they will pay you the full basic pension and they will transfer the funds to a bank outside of Australia every 4 weeks (every second fortnight). But you don't receive other allowances like the electricity allowance. The bank account you nominate outside of Australia can be an account in your name or it can be a joint account, you and another person.  

    Thanks for the detailed advice. So, according to what you've stated, if I lived in Australia from birth till 34 years old, and have been living abroad ever since, (I'm now 53) I will not be eligible for the pension, even if I move back to Australia. Correct?


  9. Apologies if this has already been answered, but does anyone know the exact number of years one has to have lived in Australia, and, how long one has to have paid tax in Australia, as an Australian resident in order to be eligible for the old age pension?


  10. The Australian government has allowed Australian residents early access to superannuation, maximum amount $10,000 tax free. Applications open 20th April. I will be applying for it as I am now unemployed. I was employed by a Thai company in November 2019, work permit etc, however during the period November 2019 to March 2020 when the company made me redundant my taxable income was never more than 25,000 baht per month. I'm wondering my obligations in regard to the ATO, what information will be collected by them from Thailand and, if I open an Australian bank account (currently I do not have one) should I notify the Australian bank about this 5 month period of paying tax in Thailand?


  11. 8 hours ago, ubonjoe said:

    Many border crossing will not let you leave with a long overstay. If they let you leave, paid the fine and your overstay was 90 days or less there would be no ban.

    As I wrote before at this time you can stay in the country until the emergency situation is over. When it is over is when the border crossings will open again.

    Let's hope that when land borders reopen the io understands the Amnesty clearly and doesn't start slapping people with overstay fines where they're not due.


  12. 5 hours ago, ubonjoe said:

    It should not be a big problem to extend the ministerial order when the emergency decree is extended since the authority for it is under the emergency decree. They could even include it the order to extend the emergency decree.

     

    You are, as I am fairly confident it will be extended. Always a chance that it will not be extended past 30th April but slim.


  13. On 4/9/2020 at 1:11 PM, Tanoshi said:

    My guess is the amnesty will extend slightly beyond borders opening and flights resuming to allow those who need to leave, do a border run, or obtain a new Visa, to do so.

    Keep an eye out for further announcements on the situation.

    It'll be interesting to see when the Amnesty is extended to. I'd say May 30th if I had to guess.  Does this process require the pm's signature, publishing in the gazette etc?


  14. Following confirmation from two immigration officers at cw today that non o multi holders whose 90 day permission to stay expires after march 26 ARE covered under the Amnesty, I personally will not be doing a 60 day extension with the Mrs until the Amnesty ends. What I don't know, and perhaps of minor importance, is do I need to go there and submit an updated tm30 now or can this wait until I do the extension at the end of the Amnesty?


  15. 2 hours ago, sateuk said:

    I have a non o visa already extended by 60 days at immigration which runs out on 18th april as borders are shut im covered till the 30th as already used up my 60 day extension, I think if you on a non o via marriage like me and you haven't extended yet by 60 days at your local immigration office you are not covered by the amnesty but if like me you have done that already you are covered as there is no other options to extend as uk embassy no longer issuing letters as not needed thats my take on it anyway

    "Your take on it "is why there is confusion. Everyone has "their take on it" As ubonjoe stated, a 60 day extension is not mandatory and therefore those who have not done a 60 day extension are still covered. Non immigrant O multi entry holders who do 90 day border bounces are covered under the Amnesty. This is the take from two CW immigration officers this morning.

    • Thanks 1

  16. 4 hours ago, Peter Denis said:

    Hi Johnny,

    Indeed that's a legitimate concern.

    If the interpretation by border-immigration or your local IO is different than the intended meaning of the ambiguously formulated amnesty announcement, you can find yourself in trouble.

    It seems to be the perpetual dilemma when staying longer term in Thailand to first decypher what the rules/regulations actually mean, and then to hope the immigration officer that crosses your way interprets it in the same way.

    Also note that if you do go to your local IO for an extension of stay and they say 'no need' to do so, that border-immigration might still interpret it differently (claiming that your particular Visa-situation was not eligible for the amnesty in spite of what your local IO told you) and slam you with an overstay fine.

    For VisaExempt and Tourist Visa entries there can be no doubt > they are eligible for the amnesty.  But those on 90-day permissions of stay from a Non Imm O Visa are somewhat in the twilight zone, even though they are also eligible for the amnesty.

       

    Precisely. Thus the dilemma as to whether or not do the 60 day extension prior to expiry of permission to stay. No-one I believe can categorically answer the above. 


  17. 49 minutes ago, Peter Denis said:

    Yes, that's correct.

    Thank you Peter. I suppose many readers main concern is that at the end of the Amnesty period an io whether it be at a border crossing or immigration office says " you should have gone to immigration to extend 60 days before your permission to stay expired, you had that opportunity but you didn't go" and proceeds to slap an ugly overstay fine. There seems to be an uncertainty among immigration offices (and I would imagine border posts when they reopen), as to the above. This uncertainty is of course reported by posters on this and other forums, not directly from the horses mouth.


  18. 8 minutes ago, Peter Denis said:

    When you are on a 1-year Multi-Entry Non Imm O Visa you are only provided (short-stay) 90 days permissions to stay on entering Thailand, after which you are expected to leave the country again.  So those on that Visa type are eligible for the Amnesty (since they are not able to leave the country).

     

    Thanks Peter. This is even though those holders have the option of extending 60 days or 1 year and can use this option under the current environment? Amnesty still covers such holders correct?

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