Non Imm O Renewal 08

[RusT]

I've just submitted the application for the renewal of my non-immigrant o visa and it's on it's way to getting sent to Bangkok for processing. So that's great and a big relief as it seems to be all but in the bag.

Now I'm starting to think ahead to next year. Assuming the govt insists after Oct 07 that every applicant needs to prove they have monthly income of 40k am I best to set up a standing order now for a 40k transfer each month from my home country in order to satisfy immigration come this time next year? Or is that too simplistic? While it will be taxed at the full witholding rate on interest earned (I am a non resident for tax purposes) it is not generated from a pension or business. In fact, the ridiculous thing about this is that I would essentially be moving 500k or so from here in Thailand back to my home country to set up a standing order. Absurd I know but then so is the new law in my opinion. Afterall, what's the difference between having 480k in the bank here for a year and sending 40k in each month? Essentially it's the same thing.

Any thoughts from those in the know would be highly appreciated so I can either continue with this line of thought or drop the idea completely.

[Lite Beer]

I've just submitted the application for the renewal of my non-immigrant o visa and it's on it's way to getting sent to Bangkok for processing. So that's great and a big relief as it seems to be all but in the bag.

Now I'm starting to think ahead to next year. Assuming the govt insists after Oct 07 that every applicant needs to prove they have monthly income of 40k am I best to set up a standing order now for a 40k transfer each month from my home country in order to satisfy immigration come this time next year? Or is that too simplistic? While it will be taxed at the full witholding rate on interest earned (I am a non resident for tax purposes) it is not generated from a pension or business. In fact, the ridiculous thing about this is that I would essentially be moving 500k or so from here in Thailand back to my home country to set up a standing order. Absurd I know but then so is the new law in my opinion. Afterall, what's the difference between having 480k in the bank here for a year and sending 40k in each month? Essentially it's the same thing.

Any thoughts from those in the know would be highly appreciated so I can either continue with this line of thought or drop the idea completely.

Wild rumour and speculation. If this is ever brought in your plan would not work as you need proof of earnings, not regular payments into a bank. You would need to prove to your embassy that you have the income and they supply you with a letter confirming this. Or your Thai wife can earn it and pay tax on it.

At the moment it is all unfounded speculation so dont worry until it actually happens, if it in fact does.

[RusT]

Thing is Lite Beer while it is all speculation at the moment and there is probably a good chance of a policy flip flop at some point I would hate to get caught out somehow come this time next year. As it's just a matter of esentially moving money from one pocket to another and therefore not going to provide any burden to me personally I just wonder whether it might be worth setting it up.

As for the letter from the embassy, the Australian Embassy requires no evidence for income as it is a statutory declaration.

Even though I applied for renewal this year and my original non-imm o was issued before oct 06 my local immigration office insisted that I show evidence of 40k monthly income and refused to accept that renewals with visa issued before oct 06 are exempt from this law. They were quite happy to accept the stat dec though without any backup evidence.

Sometimes I feel like a character in the novel catch-22 when trying to sort out the absurdities of this process. There probably isn't two immigration officers anywhere in this country who have the same understanding of the law.

[Krub]

Thing is Lite Beer while it is all speculation at the moment and there is probably a good chance of a policy flip flop at some point I would hate to get caught out somehow come this time next year. As it's just a matter of esentially moving money from one pocket to another and therefore not going to provide any burden to me personally I just wonder whether it might be worth setting it up.

As for the letter from the embassy, the Australian Embassy requires no evidence for income as it is a statutory declaration.

Even though I applied for renewal this year and my original non-imm o was issued before oct 06 my local immigration office insisted that I show evidence of 40k monthly income and refused to accept that renewals with visa issued before oct 06 are exempt from this law. They were quite happy to accept the stat dec though without any backup evidence.

Sometimes I feel like a character in the novel catch-22 when trying to sort out the absurdities of this process. There probably isn't two immigration officers anywhere in this country who have the same understanding of the law.

If the letter of income from Embassy worked this year, it should work next year. Sending yourself to yourself 40k would not satisfy the term income.

Which immigration offcie was that (insisting on 400k AND 40k income) ?

[wolfmanjack]

I've just submitted the application for the renewal of my non-immigrant o visa and it's on it's way to getting sent to Bangkok for processing. So that's great and a big relief as it seems to be all but in the bag.

Now I'm starting to think ahead to next year. Assuming the govt insists after Oct 07 that every applicant needs to prove they have monthly income of 40k am I best to set up a standing order now for a 40k transfer each month from my home country in order to satisfy immigration come this time next year? Or is that too simplistic? While it will be taxed at the full witholding rate on interest earned (I am a non resident for tax purposes) it is not generated from a pension or business. In fact, the ridiculous thing about this is that I would essentially be moving 500k or so from here in Thailand back to my home country to set up a standing order. Absurd I know but then so is the new law in my opinion. Afterall, what's the difference between having 480k in the bank here for a year and sending 40k in each month? Essentially it's the same thing.

Any thoughts from those in the know would be highly appreciated so I can either continue with this line of thought or drop the idea completely.

I have not worked out the numbers but it might be easier and less costly to have your wife file income tax with an income of 480,000 per year. From what I understand that sunbelt posted before you can show thai tax receipts for you and or your wife showing 480,000 per year income. Not sure what you tax payments would be after deductions.

[lopburi3]

What Immigration has wanted is the Embassy statement so if you can obtain that with your transfer of funds plan (and it seems you can) the actual deposits would be good for proof to Immigration if they wanted evidence. I would go with that plan myself as it should cover you.

[wolfmanjack]

sorry. slow internet caused me to hit the button twice.

Edited May 16, 2007 by wolfmanjack

[RusT]

To answer your question Krub the immigration office is Koh Samui and they are requesting 40k income evidence from all applications both new and renewing and not the 400k bank letter.

[Lite Beer]

To answer your question Krub the immigration office is Koh Samui.

Ah, the infamous Koh Samui office. They have their own set of rules and fees.

As Astral said , they are wrong.

[yorkie100]

I've just submitted the application for the renewal of my non-immigrant o visa and it's on it's way to getting sent to Bangkok for processing. So that's great and a big relief as it seems to be all but in the bag.

Now I'm starting to think ahead to next year. Assuming the govt insists after Oct 07 that every applicant needs to prove they have monthly income of 40k am I best to set up a standing order now for a 40k transfer each month from my home country in order to satisfy immigration come this time next year? Or is that too simplistic? While it will be taxed at the full witholding rate on interest earned (I am a non resident for tax purposes) it is not generated from a pension or business. In fact, the ridiculous thing about this is that I would essentially be moving 500k or so from here in Thailand back to my home country to set up a standing order. Absurd I know but then so is the new law in my opinion. Afterall, what's the difference between having 480k in the bank here for a year and sending 40k in each month? Essentially it's the same thing.

Any thoughts from those in the know would be highly appreciated so I can either continue with this line of thought or drop the idea completely.

Sorry if I have totally misunderstood, but I was not aware you could renew a non-imm O visa (multiple entry) in any country other than your own and certainly not in Thailand.

I go back to the UK at least once a year and renew my visa in Hull.

I have never been asked for proof of income, nor do I ever have to visit an immigration office ( I live in Samui too), I just have to leave and re-enter Thailand every three months.

[somo]

I have been renewing my marriage visa for the last 5 years in June. Last year and previous years I have just put the 400K in the bank a week before and got my bank letter and the visa extension has been granted. From Sunbelt Asia's response to this the implication is that the money must be in the bank for 3 months prior to the application. Is that really the case? They normally tell you at the time if there any changes coming up for the following year but nothing was said to me last year. Has anyone been asked to prove the money has been in the bank for 3 months?

My next application is in 4 weeks so it may be too late but would be nice to know if i have to start preparing my excuses.

Steve

[lopburi3]

You are using the wrong terms.

You are renewing your extension of stay - not your visa. Your visa died years ago.

The other poster is talking about a multi entry one year visa - not an extension of stay - so is confused.

You should not have to have it in 3 months until the next time - you will be told about it next month.

[astral]

Repost with further details

The relevant document is the National Police Office Order No. 606/2006)

Refer the officer to section 7.17 subsection 6

You can find the full document at link courtesy of Sunbelt

Section 7.17

(6) In case of the applicant who is married to a Thai wife, one of them or both of them need to have the total annual income that is averaged out not less than 40,000 Baht per month. Except for the case that the said foreign national has entered Thailand before this Order is enforced and the foreign national has been permitted to stay in the Kingdom by the result of having married to a Thai wife, then if the applicant does not have the said income, then, the latest 3 months records of the account book of any Bank in Thailand with the account name of either or both parties need to have the amount of money not less than 400,000 Baht

I have underlined the relevant words.

I suggest applicants print it off and take with them when applying

Be prepared to argue your case, politely of course, and ask for the senior officer, if necessary.

[yorkie100]

You are using the wrong terms.

You are renewing your extension of stay - not your visa. Your visa died years ago.

The other poster is talking about a multi entry one year visa - not an extension of stay - so is confused.

You should not have to have it in 3 months until the next time - you will be told about it next month.

If you are referring to me as 'the other poster' Mr. Super Moderator, then maybe you are correct and I am confused, but maybe not.....

The poster states, and I quote "I've just submitted the application for the renewal of my non-immigrant o visa and it's on it's way to getting sent to Bangkok for processing." and I stated that I was unaware that you could renew a NON IMMIGRANT O VISA in Bangkok.

Why do you think I am confused? Can you renew this visa in Bangkok or not?

If you are not refering to me then I apologise but I am confused as you do not state to whom you are referring.

[lopburi3]

Yes you are the other poster and you are talking about visas.

The poster I said was using the wrong term is getting an extension of stay for Thai family and that is approved in Bangkok and requires 40k income or (if grandfathered 800k in bank).

[yorkie100]

Yes you are the other poster and you are talking about visas.

The poster I said was using the wrong term is getting an extension of stay for Thai family and that is approved in Bangkok and requires 40k income or (if grandfathered 800k in bank).

I KNOW I was talking about visas. Exactly WHERE does the poster say he/she is "getting an extension of stay for Thai family"?

I only read non immigrant o visa. Only trying to help.

You must be psychic.

My last words on the subject.

[tahaan]

Somo

I've just received my 5th visa extn (May 8, marriage 400k) from Nonghkai. Money in the bank for about 5 weeks before my application and the extn granted after the first 30 days 'under approval' visit - a first! Passport handed back with a smile and a 'see you next year' from the immigration officer. No comment on future changes.

[astral]

Here is a link to the Thai version of the National Police notice.

It may be worth printing this as well.