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Marriage/Retirement - Interpretations explained.


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On 2/11/2019 at 6:10 PM, brommers said:

I have no problem with meeting the requirements but would love to know why they freeze 400k in your account. It achieves nothing for Immigration purposes and could be inconvenient for some. Has anyone heard any cogent reason for this?

The answer is "because they can".

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1 minute ago, sgoodes said:

I thought embassies were no longer issuing income letters so as far as 2. is concerned, how would you get around that.

Only the UK, US, Aus and Danish Embassies are no longer issuing income letters, for the rest it's business as usual.

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17 minutes ago, elviajero said:

I think he’s referring to the 800/400 min balance periods. Which would be 5/7/2: 5 @ 800K; 7 @ 400K; 2 @ 800K prior to the second year application.

I think you might also be confusing people, there isn't a 7 month period at any time.

 

As I understand it:

 

For somebody's first and initial extension application:

 

For TWO months prior to the application - you must have 800k baht in a Thai bank

 

For 3 months after the extension is granted - 800k baht must remain in the bank

 

For the next 6 months - 400k baht must remain in the bank, the other 400k can be used.

 

That completes the qualifying cycle for the first year's extension and you should have three months remaining on that extension.

 

it's an eleven-month cycle.

 

BUT, you must start the process to qualify for the second year extension straight away because:

 

 For THREE months prior to the application - you must have 800k baht in a Thai bank

 

For 3 months after the extension is granted - 800k baht must remain in the bank

 

For the next 6 months - 400k baht must remain in the bank, the other 400k can be used.

 

That completes the qualifying cycle for the second year's extension and you should again have three months remaining on that extension.

 

It's now a twelve-month cycle.

 

For all subsequent extensions follow the year two cycle.

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35 minutes ago, Tanoshi said:
46 minutes ago, elviajero said:

I think he’s referring to the 800/400 min balance periods. Which would be 5/7/2: 5 @ 800K; 7 @ 400K; 2 @ 800K prior to the second year application.

But that would be over a 14 month period, not a 12 month period.

I was counting the original 2 months before the first extension and assuming the second year application was made last minute.

 

If applying 1 month early, the IO would need to see an 11 month history of 3@800, 6@400, 2@800. OR 3@800, 5@400, 3@800 if the rules for the second year change again.

 

Quote

Second year application would be 3 anyway.

Until published in a police order that isn’t certain.

 

There is a meeting of immigration hierarchy happening in Bangkok sometime this week to clarify all the changes. Hopefully - wishful thinking - the various offices will start quoting the same rules following that. But this next year or so is going to throw up some frustrating ‘local rules’!

Edited by elviajero
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4 minutes ago, wobalt said:

Obviously the money for the visa application must come from overseas but for PR you are requested to work in Thailand? Make no sense!

For PR you must have worked and paid taxes into Thailand's economy and tested on the language.

You still keep the PR even after ceasing work and retire.

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34 minutes ago, Samyan said:

My extension is also not due until the end of January 2020. Which bank do have your account with and is it necessary to provide a bank statement, or would a passbook be sufficient?

Passbook and letter from your bank.

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32 minutes ago, wobalt said:
43 minutes ago, Tanoshi said:
To the minority of expats.

The Chinese embassy not issue the letter?

How many Chinese do you reckon apply for the types of extensions reliant on embassy letters?

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2 minutes ago, Tanoshi said:

For PR you must have worked and paid taxes into Thailand's economy ...

Working recycles Thai money from Thai paychecks, albeit with a deduction of income-taxes.  But non-working expats bring in foreign-sourced money which is a direct capital-transfer to the country.

 

I can see no reason that after a number of years retired or married, and not having problems with the law, PR could not be extended - except for the fact that some in power would prefer we were not here at all, and to the degree they tolerate us, wish to keep us on a short leash.

 

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3 minutes ago, elviajero said:

If applying 1 month early, the IO would need to see an 11 month history of 3@800, 6@400, 2@800. OR 3@800, 5@400, 3@800 if the rules for the second year change again.

Anyone can juggle the figures, but extension are annual.

IMHO if people are going to quote figures they should keep it to within the annual period.

 

7 minutes ago, elviajero said:

Until published in a police order that isn’t certain.

It's always been 3 months seasoning for other than the first application.

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Every bank can provide documentation verifying that your monthly wire transfers are coming from your home country.  Every month the day after my monthly wire transfer posts to my account I go to my local bank branch once a month just down the street and I first have them update my pass book and then I ask them to print out what’s called a Credit Advice which shows everything.  The document is basically a statement print out that shows your name,  local Thai address, the bank in the States where your wire transfer originated from which is the important thing or whatever country you’re from, it shows your Thai bank account number and bank name that your wire transfer went into, and of course the amount of each wire transfer in Thai Baht.  Those are great I get them printed at the bank every month the day after my wire transfer posts to my account and I get my pass book updated the same day.  When it comes time for me to get my next marriage visa extension next year I’ll probably still need a more official letter from my Thai bank as well which shouldn’t be a problem according to my local SCB branch.  I use both Bangkok Bank and SCB now pretty much just SCB but they are both able to print statements verifying that your monthly wire transfers originated from your bank in your home country it actually shows the originating bank and the country your money came from, your name and your local Thai address, the amount of your wire transfer in Thai Baht, and the account number for your local Thai bank account and the Thai bank name and it shows your name on the account.  Plus the Thai bank account number on the print out will match your pass book.  So yes the banks around here can easily verify that your monthly wire transfers are coming from your home country and even narrow it down to your home country bank account.  SCB told me that if I also need an official letter from them eventually that it would be no problem.  

 

Also make sure the Thai bank account is in your name only.  I don’t know why but apparently Immigration wants the account in your name only.  I think just to prove that it’s actually your money and not your wife’s money or something I don’t know.  I originally had a joint bank account at Bangkok Bank in my name and my wife’s name but then I heard from a very reliable source that it probably has to be in my name only and that Immigration MIGHT NOT accept a joint bank account.  

 

So I opened up a Thai Bank Account in my name only at my local Siam Commercial Bank (SCB) branch which turned out to be MUCH BETTER THAN Bangkok Bank.  I went to SCB because Bangkok Bank wanted a bunch of documents that would’ve been out of my way to get and gave me a hard time about it so I went to SCB and opened my own account in my name only in about 30 minutes.  They just needed to see the original Tambien Baan, lease agreement, marriage certificate, my wife’s Thai ID with her present BUT THE ACCOUNT IS STILL IN MY NAME ONLY, they made copies of all our documents and I had to sign each copy.  I even had to fill out IRS forms and provide my US Social Security Number on the forms so I guess the banks here have an agreement with the FTC in the United States, it’s a Thai bank account NOT a Swiss Bank Account so if you owe back taxes in the States the IRS can still reach out and touch you even here in Thailand.  So anyway at SCB I had to show a lot of documents but it was only documents that I had readily available and I had to fill out a lot of paperwork but I was able to open my own personal savings account in my name only at SCB and it was relatively painless.  And they can provide official letters and statement print outs verifying where your monthly wire transfers are coming from so SCB is great. I have great online banking I have a Master Card Debit Card and it is all easy.  A LOT EASIER THAN DRIVING ALL THE WAY DOWN TO BANGKOK TO GET THAT STUPID EMBASSY LETTER ONCE A YEAR!  And I’m actually saving money by using a Thai bank account regardless of the exchange rate because there are no ATM fees.  Before I was just using my US ATM Card and paying 220 Baht ATM fees every time I used the ATM.  Now I pay no ATM fees.  So overall I love the new rules it’s gonna make everything easier and the extension process easier for me.  And it should be easier for everyone else as well as long as you do make the minimum required monthly income and transfer it into a Thai bank account every month for the entire year between extensions or have enough money saved in a Thai bank account.  My pension is between $4 and $5,000 US dollars a month so I wire transfer at least half of my monthly pension payments into my Thai bank account every month so I’m well above the minimum monthly income requirement.  I still leave at least some of my monthly pension payments in my bank in the States but most of it is going into my Thai bank account which works fine for me.  

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10 minutes ago, elviajero said:

There is a meeting of immigration hierarchy happening in Bangkok sometime this week to clarify all the changes. Hopefully - wishful thinking - the various offices will start quoting the same rules following that. But this next year or so is going to throw up some frustrating ‘local rules’!

For what it's worth, I think Immigration have completely misinterpreted this new order 35/2562.

For funds method I believe the new order was only changing the requirement of 60 days, to 2 months for the very first application, then confirming thereafter it was 3 months seasoning before the next application.

 

However because of the ambiguously written order that has been interpreted as keeping 800K deposited in a Thai bank for 3 months, directly after the extension is issued.

 

Perhaps this meeting will clarify the order. 

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12 minutes ago, JackThompson said:

I can see no reason that after a number of years retired or married, and not having problems with the law, PR could not be extended

PR is extended for life, every 5 years, even after retirement.

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14 minutes ago, Tanoshi said:
23 minutes ago, elviajero said:

Until published in a police order that isn’t certain.

It's always been 3 months seasoning for other than the first application

Until the last police order was issued, when it changed.

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32 minutes ago, luckyluke said:

In this particularly case, being part of a minority seems to have a rather positive outcome.

They tend to be on Business, Entrepreneur, Investment or Elite Visas.

Nothing to stop you going down that route if you want.

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9 minutes ago, Tanoshi said:

For what it's worth, I think Immigration have completely misinterpreted this new order 35/2562.

For funds method I believe the new order was only changing the requirement of 60 days, to 2 months for the very first application, then confirming thereafter it was 3 months seasoning before the next application.

 

However because of the ambiguously written order that has been interpreted as keeping 800K deposited in a Thai bank for 3 months, directly after the extension is issued.

 

Perhaps this meeting will clarify the order. 

Let’s hope so.

 

I understand the reason for the changes, but they really have over complicated things!

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10 minutes ago, Tanoshi said:

For what it's worth, I think Immigration have completely misinterpreted this new order 35/2562.

For funds method I believe the new order was only changing the requirement of 60 days, to 2 months for the very first application, then confirming thereafter it was 3 months seasoning before the next application.

 

However because of the ambiguously written order that has been interpreted as keeping 800K deposited in a Thai bank for 3 months, directly after the extension is issued.

 

Perhaps this meeting will clarify the order. 

Not so sure on that. I thought the 3 months held in the bank was to stop the agent 1 day in and next day back out again scene.

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1 minute ago, elviajero said:

Until the last police order was issued, when it changed.

Not according to Immigration, although that's what the English translation suggests.

Order 35/22562 hasn't replaced order 327/2557, it's in addition to that order with minor changes and supposed to clarify the process, but appears to have had the opposite effect.

They should be read together as one …….. confusing I know, but, that was the explanation given.

 

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2 minutes ago, Tanoshi said:

Nothing to stop you going down that route if you want.

No thanks, happy with the actual system, which I use since many years.

 

No need to have any amount on a Thai bankbook.

 

Can transfer the amount  I want, when I want.

 

Can even use Transferwise now, without having  to worry how the funds will be indicated on my bankbook.

 

Hope it will continue this way.

 

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That and the 800 has to remain for 3 months after the extension is granted. So basically you have to keep balance of not less than 800k 6 monthso f the year and 400k the other 6 months.
 
Probably better to just make that 800K  year round unless some unforeseen emergency expense  arises.  If you move out the 400K after the 3 months are up you will only have to put it back again 6 months later. The opportunity costs of having 400K in a Thai bank vs otherwise  invested aren't going to be much with only  a 6 month time period in which to do so and you'd incur 2 extra transfer and currency exchange costs. Plus have to be sure to remember when to put the money back in. Likely much more trouble than it is worth.

Guys, thank you so much for your input, it’s a relief to have what thought was right, thank you again. Also noted leaving the 800k in is the best option. That what I had done in the past years . Last year due to circumstances I to use some of the monies . My understanding was the total had be in my Thai account for 2 months . WRONG from there it just turned out a stressful situation, basically caused by me.

Now I was hoping for some feed back on another query . I have a half share in a combo worth about 2 million with my wife , is there a perversion in the act as it stands at present , that I could use that half share as collateral in the future ? Again thank you all for you input.


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