Should I apply for my "O" retirement visa in Australia or Thailand?

Sep 10, 2018
6 years ago
Dave *******
ORIGINAL POSTER
Sorry if this has been asked a lot before. I'm an Australian aged 57, in the last 12 months have been in Thailand for a total of about 3 months. Have rented a house in Phuket and about to start the process of applying for an "O" retirement visa. I have all of the necessary criteria already except medical certificate, but would prefer not to transfer the 800k to a Thai bank account if avoidable. My question is about whether to apply for the visa in Australia or Thailand. I've been told that if I apply in Australia, I can provide a statutory declaration that I intend to transfer the 800k and provide evidence of the funds in an Australian bank account. Firstly, is this the case, and secondly, is it possible to do this in Thailand also? Does anyone have recent experience about this? I'd like to avoid using lawyers in Thailand and do this myself. Thanks in advance.
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TLDR : Answer Summary
An Australian expat aged 57 is seeking advice on applying for an "O" retirement visa in Thailand. He prefers not to transfer 800,000 baht to a Thai bank account and wonders if he can provide documentation from his Australian bank when applying for the visa, both in Australia and Thailand. Community responses suggest that he can use an Australian bank account to demonstrate financial stability when applying in Australia. Several members clarify the options between applying inside Thailand or at the Thai embassy in Australia, stressing the necessity of proof of funds and the difference between the types of retirement visas.
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Scott *******
Dave I have messaged you on messenger
Dave *******
ORIGINAL POSTER
@Robert ******
You are correct of course but this was his own personal experience which he perhaps didn’t want to share publicly. It’s all good, the information provided by everyone has given me exactly what I needed to make a decision. I’ll apply in Australia for O-A
Robert *******
This group is the help and advice other members, we do this in this group so all members can read and learn from this advice. As we see many times incorrect information, there is no check what is written in private messages, it could be good information or incorrect. Be very careful in what you get offered in private messages.
Tod *********
I think you need to read this, understand the differences in the things commonly called a retirement visa and decide what way you're wanting to go (inside the country or outside the country)

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Robin *******
A divergent view for you...

If you do it in Thailand you can obtain a statutory declaration from the Australian office here in which you state you have a monthly income of an amount that exceeds the 65,000 baht limit...

It does not require you to state that it is from a pension or super fund...

You could just be planning to send yourself that money monthly from your bank account and that would satisfy the requirement that you have the necessary income coming to Thailand to support yourself...

And you would not have sworn an incorrect statutory declaration...
Dave *******
ORIGINAL POSTER
@Michael *******
no I didn't say that at all. Please re-read my comments, I actually warned NOT to lie on a stat dec. The distinction I was trying to identify was whether a stat dec of total savings was adequate in lieu of stat dec declaring a regular income of 65K per month. I could choose to pay myself monthly but fund myself differently in around four lump sums into my Thai account when the exchange rate suits. I don't presently have a monthly income, although if I amortised my lump sums it would be around the equivalent of $65k. We've probably dissected the question more than is necessary and all the comments have been valuable. I've decided on balance to apply in Australia in November for an A-O using the lump sum requirements. Please don't think or suggest that I'd advocate lying on a statutory declaration. There are better things to go to prison over
Michael ********
Yes exactly Robin. I know tou are not saying to lie. But Dave does NOT have such an income and is trying to get approval to write a stat dec to say that he has one without sending 800k to Thailand.
Stephen *******
Just to reiterate, the Stat Dec must from an Australian embassy or consulate inside Thailand.
Robin *******
@Michael *******
no, I am not saying to lie.

My personal situation is that I draw an indeterminate amount of income from my Australian self managed super fund, which is essentially an Australian bank account and transfer that as required into Thailand. I have records of that with me when I see the consulate here should they wish to check the evidence, which thus far they have not chosen to do.
Dave *******
ORIGINAL POSTER
@Michael *******
in fairness to Robin I thought he was saying he legitimately had the monthly income so his stat dec was legit. I have a different income stream that is not a defined 65k per month so I can only show the 800k. It’s all good now, all perspectives have helped me understand what has to be done and I’m back in Iz often enough to apply there and also avoid 90 day reporting
Michael ********
@Robin ******
That was kind of my point. As Dave says... If you say that you have a 65k per month income when you don't you are lying on the stat dec. Just because you have 800k in the bank in Oz does NOT mean you have ANY income of any kind. You can't just promise to send over 65 a month. By saying that you do when you don't you are bypassing the system.
Dave *******
ORIGINAL POSTER
Thanks
@T**
. That settles it for me, will do it in Oz when I go back in November. Thanks for the advice
Tod *********
@Dave ******
You cannot use a stat dec from anywhere byt the australian consulate here to meet the financial requirements of income from abroad (65K baht or the equivalent per month in income) You also cannot put down a bulk amount, you need to put down an amount that equals 65K baht a month. You have three ways to meet the financial requirements INSIDE the country at the immigration office

bank 800K in a thai bank account in your name only before you applying for your 90 day Non-O visa application

OR

use a notarized stat dec from the australian consulate here stating you get 65K baht in income a month.

OR

use a combination of banked money in a thai account and the stat dec to hit 800K baht for the year.
Dave *******
ORIGINAL POSTER
@Michael *******
it’s a pretty serious crime to knowingly lie in a stat dec, but I suppose you could if you wanted to try your luck. In my case I have the bank statement to prove it so not an issue
Michael ********
So Robin you are saying that people could have no money and just sign a stat dec to say they do? They didn't ask for any proof of said income?
Dave *******
ORIGINAL POSTER
Thanks
@Ro***
, I have police check and medical anyway but agreed, yet another advantage of doing it here. I don't have a monthly income, but of course do meet the lump sum requirement, so in your view would a stat dec to state that have a successful result? Having them signed in Australia is an advantage as it won't cost me $71 a page for the privelege
Robin *******
Dave Brown if you do it here you don't need medical or police check...
Robin *******
I had no need to do anything in Australia...

I got my first extension of stay based on retirement here in Thailand, with a stat dec from the Australian consulate in Phuket...

It merely stated I had an income monthly exceeding the required level (the amount was stated specifically in the document)...

And I repeated this last month at Phuket with another yearly extension...
Dave *******
ORIGINAL POSTER
Thanks Robin, this is actually what I'd heard from two sources. The stat dec has to state that "it is my intention to transfer the necessary funds...". Do you know for certain this is possible? I can get a stat dec signed in Australia in two weeks (and all documents notarised) when I return for a few days, unfortunately not there long enough to get the visa as I have to be back in BKK within a few days. This would greatly assist
Peter *********
In Australia you provide the Royal Thai Embassy Canberra with all the required documentation including proof of income by Super fund, bank account and bank letter or whatever, that you have means that meet 800,000. You do not need to have a Thai bank account or transfer money to Thailand. Leave it in Australia if this suits.

Have everything notarised via a JP then send to the Embassy via certified mail.

All the steps to do this are available on Canberra's web site.

Simple process. Do it properly and you will receive your Visa (OA or O ?) within 7 days.
Joe ***********
The 'Retirement Visa' obtained in one's Home country at a Thai Embassy or Consulate is a Non Immigrant O-A Visa (notice the 'A'), 800,000 Equivalent Thai Baht in your Home Country's currancy in your Home Country Bank.. be age 50 or over, plus a Criminal Background Check - plus a Medical Certificate both obtained in your Home Country. It has nothing to do with being in Thailand at the time.. Nor does it have anything to do with having money in a Thai bank at the time of application
Dave *******
ORIGINAL POSTER
Thanks Joe, yes understood that. It would be easier for me to lodge in Thailand but as Robert says, I'd need to have the 800k in the bank here which I don't want to do. So I'll apply in Australia when I return shortly :)
Stephanie **********
As far as I am aware you are able to obtain a retirement visa from the Thai Embassy in Canberra provided you have the equivalent of 800,000 THB in an Australian bank account. The lady I spoke too said there is no need to have a Thai bank account prior to getting the visa. Costs A$275.

Give them a call, they were very helpful
Dave *******
ORIGINAL POSTER
@Robert ******
OK, will have to look into the preference. Have previously held an O-A but that cost too much and a trip to a certain hotel in Penang
Robert *******
All three are multiple entry. Difference is that the Non Immigrant O is only valid for 1 year and gives you on entry 90 days of stay, the Non Immigrant O-A visa is valid for 1 year but gives you on entry 1 year of stay and the Non Immigrant O-X visa gives you on entry 5 years of stay. Big difference, but all called retirement visa.
Dave *******
ORIGINAL POSTER
Robert it will have to be multiple entry as I travel back to Australia quite frequently
Robert *******
And what kind of retirement visa is this: The Non Immigrant O visa, the Non Immigrant O-A visa or the Non Immigrant O-X visa. Three choices, three different requirements.
Dave *******
ORIGINAL POSTER
Thanks Stephanie. I actually have the Thai bank account, house lease but sounds like I'll apply in Australia after the comments.
Robert *******
If you apply inside Thailand you need the 800.000 Thb on a Thai bank account or the minimum 65.000 Thb monthly income certified by your embassy or a combination of both not less than 800.000 Thb.
Dave *******
ORIGINAL POSTER
Cheers Tod, this is why I asked. On paper this appears to be the case but Robin posted earlier that he has actually done so. Or have I misunderstood?
Tod *********
@Dave ******
NO, you cannot use a stat dec from the australian consulate here to get the year-long, multi-entry Non-O-A visa in australia :/

IF you're going the Non-O-A visa from the consulate in Australia you show them bank statements from your bank accounts there.

IF you're going for the Non-O visa (and then the yearly extension) you either bank 800K baht OR you get a stat dec from the Oz consulate HERE in thailand and use that to show immigrations you have the money.
Robert *******
Yes, If you apply in Australia you just provide proof of funds, not need to be in Thai bank
Dave *******
ORIGINAL POSTER
Thanks Robert. So if I apply in Australia I can just provide the stat dec to show sufficient funds?
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