No More Dependent Extension Of Stay If The Host Foreigner Has A Retirement Extension
No More Dependent Extension Of Stay If The Host Foreigner Has A Retirement Extension Of Stay Permit
and
Map requiredIf a foreigner has been granted a extension of stay based on retirement, until now as per 7.19 of the Royal Police Office Order 606/2006 his or her foreign dependent ( Wife or husband, child, father, mother) could get a extension of stay by being a dependent. As of Sept 1st, no more dependent extension of stay permits will be issued if the foreigner has a extension of stay based on retirement. This includes any “grandfather” cases where the dependent applicant had the extension of stay before Sept 1st 2007.
Example. A foreigner husband is 53 years old and has a extension of stay based on retirement. His wife is Japanese and they live together in Thailand. She is 43 years old and now cannot get a extension of stay as a dependent. Even if she was 51 years old, she does not qualify. She must meet her own set of criteria and not piggyback off her husbands retirement extension of stay permit. If she is over 50 years old, she can get a extension of stay based on retirement but must have her own 800K sent from outside the country to her bank account or qualify by having a pension of 65K per month.
Example: A foreigner has two children that are not Thai nationals. They are 16 years old and 12 years old. They can no longer be a dependent to obtain a extension of stay permit by having a father who is over 50 years old. They possibly can get a extension of stay permit or visa on a different criteria. Perhaps they will qualify as a educational extension of stay permit.
This National Police Order will be dated Sept 1st 2007 and will be published in the Gazette in the next 10 days. However this order is effective immediately.
This could be a U-turn next week but the odds are very high, this will continued to be the new law and interpretation.
If you are applying for the extension of stay based on retirement. You now need to provide a map from Immigration to your house.
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2 Responses to “No More Dependent Extension Of Stay If The Host Foreigner Has A Retirement Extension”
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Rules in the consideration in case of being the member of family of the foreigner
Who is permitted to stay temporarily in case of retirement
Here is the contradiction with the National Police Order 606/2006 and the Ministerial Regulations B.E.2545 which has created a conflict.
The Royal Thai Police Headquarters issued the Order No.606/2006 in Oct 2006,
Rules and Conditions in the consideration of Alien applications for temporary stay in the
Kingdom of Thailand.
Clause 7.19 In case of a member of a family member of an alien who has been
permitted temporary stay under clause 7.21of this Order (applicable only to parents,
spouse, child, adopted child, or child of his/her spouse) : Permission will be granted for a
period of not more than 1 year at a time.
Clause 7.21 is in regards to retirement
See
National Police Order No. 606/ 2006
However…
This conflicts with to the Ministerial Regulation of 2002 in the subject of Criteria, Procedures and Conditions in Verification, Exemption and Change of Visa B.E.2545, item 5 and 14, which is the law in the superior level.
As the Ministerial Regulation is superior to the National Police Order, the Bangkok Immigration is no longer issuing extension of stay based as a dependent if the foreigner has a retirement permit.
Here is the excerpt from the Ministerial Regulation. Not to be confused with the National Police Order. Please note Section 34 of the Ministrerial Regulations and that retirement is not on this list from (1) to (14) .
The regulation issued by using the authority in accordance of the Immigration Act B.E.2522 which permit the alien to stay temporary in section 34 as follow,
Section 34 Aliens entering into the kingdom for a temporary stay may enter for the below listed activities;
(1) Diplomatic or consular missions
(2) Performance of official duties
(3) Touring
(4) Sporting
(5) Business
(6) Investing under the concurrence of the Ministries and Departments concerned
(7) Investing or other activities relating to investing subject to the provisions of the law on investment promotion
(8) Transit journey
(9) Being the person in charge of the crew of a conveyance coming to port, station, or area in the Kingdom
(10) Study or observation
(11) Mass media
(12) Missionary work under the concurrence of the Ministries and departments
concerned
(13) Scientific research or training or teach in a Research Institute in the Kingdom
(14) The practice of skilled handicraft or as a specialist
(15) Other activities as prescribed in the Ministerial Regulations
The other activities as prescribed in the Ministerial Regulation as the above section 34(15) of the Immigration Act B.E.2522 have been described in Item 15 of the Ministerial Regulation in the subject of Criteria, Procedures and Conditions in Verification, Exemption and Change of Visa as follow,
Here is subsection 34 ( 15) Other activities as prescribed in the Ministerial Regulations
Please note that retirement is present on this list but pay special attention to subsection (1) which is the order pertaining to dependent extension of stay permits.
Retirement is not listed( subsection 34 (1-14) in subsection (1) below which technically disqualifies National Police Order 606/2006 Clause 7.19
Aliens entering into the Kingdom for a temporary stay according to Section 34 (15) shall be limited to the below listed activities;
(1) Performing duty or mission in a family of the foreigner entering into the Kingdom for the activities listed in Section 34 (1) (2) (5) (6) (7) (10) (11) (12) (13) and (14), who is the father, mother, or children under patronage or being a part of the household of such foreigner’s family or be private servant according to Section 15 (7).
(2) Providing patronage to any Thai Citizen or to receive the patronage from any Thai Citizen or person who has the residence in the Kingdom by being the father, mother, spouse or children under patronage or being a part of the household of such person.
(3) A person performing duties or missions for any state enterprises or any charity and public interest organizations.
(4) Elderly person entering to use retirement life.
(5) Person who previously held Thai Nationality enters to visit its relatives or request to relocate to live in the Kingdom.
(6) Person who enters into the Kingdom to receive the medical treatments.
(7) Person who enters to perform sport coaching or training according to the requirement of any Government sectors.
(8) Person who enters into the Kingdom as the parties in a lawsuit or to act as a witness in the court.
For the above reason and the jurisprudence which does not permit the family member of a
Foreigner who is permitted to stay temporarily on the basis of retirement, Immigration in Bangkok has suspended the National Police Order 606/2549 clause 7.19 in favour of the superior law because it’s contrary to the Ministerial Regulation. This is why no grandfathering is being allowed as no one, in their opinion, should have been granted a extension of stay in the first place based on being a dependent of a family member who was granted a retirement extension.
The Police Commander has been notified of the conflict. Immigration in Bangkok states that they do not need a new written Police Order as it has already been stated in the Ministerial regulations. However they are expecting a new Police order to be written and published in the Royal Gazette.
http://www.sunbeltasiagroup.com
Everything is status quo as before Sept 1st 2007 at Bangkok Immigration. The higherups had a meeting yesterday and as no new Police Order has been issued in the Royal Gazette, they’ll abide with the National Police Order 606 starting as of today.
Good news for the extension of stay dependents based on retirement as of today. Possibly bad news for parents under 50 years old, because everything is the same until a new police Order comes out( if it ever will ) As of today the window is back open for applicants of dependents and Bkk Immigration is going to follow Police Order 606 even if it is in conflict with the Immigration Act and Ministerial Regulations.
http://www.sunbeltasiagroup.com