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geovalin

Grandfather Clause

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Hello

First of all I would like to apologize if this topic is treated already.

On Feb 08, Thaivisa published the text below on this page:

http://www.thaivisa.com/extensions/grandfather-clause.html

Grandfather clause PDF Print E-mail

Thursday, 08 February 2007

The grandfather clause

Do the new rules since 1st Oct affect you ?

Since Oct 1st October 2006 new rules have been put in place that affect applications for extensions on Non Immigrant “O” visas .

However, these changes have a grandfather clause included. The grandfather clause “is an exception which allows something pre-existing to remain as it is, despite a change to the contrary in the rules applied to newer situations.”

In laymans terms this means that nif you were previously granted an extension before October 1st 2006, then you will continue to be able to obtain an extension under the same rules as you did previous to October 1st 2006

However, if you make a change to the reason for extension (ie change from based on marriage to retirement ) then the grandfather clause will no longer apply with any subsequent application, even if you revert to the original reason.

Anyone applying for an extension after Oct 1st will need to comply with the new rules as they are.

There is some confusion regarding this, one example is that people who were married, but have not obtained an extension previous to Oct 1st 2006 will still be able to be grandfathered in under the old rules. This is not true, the grandfathering only applies to those that have obtained the extension before Oct 1st 2006

Last Updated ( Thursday, 08 February 2007 )

I know that a lot of people under this case had good experience. I mean that people needing to renew their extension had been able to do so under the last year rules. My question is "Had anyone a bad experience?" I mean: do you know someone wanting to renew his extension under the old rules -having received 800 Kb during the year but not keeping 800 Kb during 3 months on the bank account- who had his extension renewal refused by Suan Phlu immigration officers?

Thank you

Geo

(not sure my wording is correct, sorry)

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To date we have not heard of anyone who was under retirement extension of stay using 800k prior to the new 3 month policy being refused because they did not have 3 months to show at renewal. No new applications are accepted without meeting the new requirements but for those that probably have not heard about the change Immigration has not made it a requirement yet. At some point that is likely to change so it is always wise to plan the three months into your future as soon as possible.

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op the link you posted does not work

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On 2/12/2007 at 7:29 PM, geovalin said:

Do the new rules since 1st Oct affect you ?

They are not new rules. They have been in every police order since 1998. It is just that nobody has noticed them before because they never looked at clause in 2.22 in the last 2 police orders (2008 and 2014) or 7.21 in the one done in 2006.

There were no changes to (6} of 2.22 in the police order 32/2562.

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12 hours ago, tgeezer said:


I have just noticed that this post is from 2007! We haven’t used Suan Plu for ages, How did you find it?


Sent from my iPad using Thailand Forum - Thaivisa mobile app

dont know it was just there, and due to grandfather rights being in the limelite, with the changes, i  assumed it was current

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