roath

Presuming that you are not an expert on matrimonial law in whatever country your wife was married, the easiest solution is to get a lawyer in the country in which she was married

 

It is possible to get a divorce in Thailand even if married abroad, but usually that is done where there is consent of the parties involved. Whether you can register the marriage here unilaterally and then apply for a divorce from the Thai courts (which most countries would accept as a valid divorce) is something that a Thai lawyer familiar with family law should be able to advise you on.

 

Bear in mind that some countries have archaic marriage laws so don't permit divorce without consent of both parties, or have rules such as 5 year separation without consent (i.e. you would have to wait another 2 years to divorce unilaterally) etc. Without knowing which country is involved or the type of marriage involved (different countries have different customs for wedding ceremonies, and not all are valid for these purposes), it is impossible to even do basic research on what is required. 

 

The poster suggesting you get married in Thailand regardless isn't completely wrong. You can get what is referred to a temple wedding where you basically get a public blessing as a couple which gives some legitimacy to the relationship and a public ceremony to which she can invite her (and your) family etc. but don't register the marriage at the Amphur as this could cause problems for one or both of you down the line as of course registering the 'legal' marriage would be technically a criminal offence as being bigamous and would be legally void if it ever came to it.  

On 2/8/2020 at 11:08 AM, ThomasThBKK said:

 

No??? Just because ownership changes or is supposed to change doesn't make any valid lease agreements invalid. It's the foreigners place and no one except him has the right to enter, if you do it's obviously against the law.

 

The foreigner has nothing to do with you and your ex, absolutely nothing. You have to go after here.

 

 

Correct. 

 

Even if the property had been rented out after the ex wife was supposed to transfer, that would not necessarily invalidate the lease agreement 

 

If your wife won't agree to meet you at the land office with your son to do the transfer, then you really have to get a lawyer involved to get a court order adding your son to the Chanote

 

possibly she may be in contempt of court for failing to comply with a court order which may mean that other sanctions apply (e.g. criminal charges) but a Thai lawyer should know the law/procedure about this 

 

 

 

2 hours ago, RBOP said:

This is good to know. Is the desk in the little building to the left before stamping immigration booth or after the stamping?

Best to take a photo with you for the form. I don't recall there being any photo booths nearby, but maybe someone who has been through recently can confirm

16 hours ago, BritTim said:

Is there a chance that immigration would then object that you do not have a policy for the whole period of your extension (you would not be covered from (09:00-23:59 on the last day)? If they want to be stupid, are there any limits?

Just looking at my car policies and they both start at 1630pm so seems to be a common start time for Thai policies. In the UK, typically, the policy would start at 0000am so no confusion as to dates etc. 

The consent of the parent is irrelevant as to the ability to lodge a claim.

 

The issue is proving the identity of the father and citizenship. Most applications fail because the father wasn't registered on the birth certificate (which you can overcome if the father consents e.g. DNA test) or because the mother doesn't have the identity of the father (e.g. his name was John Smith from England).

 

Child support would be available if the mother were living in the UK but not from abroad. Thailand doesn't have any such laws

17 hours ago, ubonjoe said:

You can request they don't use the re-entry permit.

Showing your ticket out of the country the next day should eliminate any problems.

Technically, you should have a letter from your school confirming you completed the course and should have cancelled the ed visa after completion (which doesn't cancel teh extension already granted but prevents you from obtaining a further extension) before leaving the country. There is as likely to be an issue with why you aren't at school as why you aren't speaking Thai, as if you are on holiday from school, it is recommended again to have a letter from the school saying that there is a recess or that there is some other reason why you aren't at school. So better to avoid any of these issues by going for VEE as Ubonjoe has suggested

The 20k requirement is only for tourists. If you have a valid non immigrant visa or retirement extension, you don't need to show funds (you have already done that in order to get the visa/extension). Likewise, you don't need to show proof of onward travel or a hotel booking, which again are only for tourists. The only thing you need to show is your passport with the appropriate visa/extension and reentry permit. That's it. 

On 9/5/2019 at 11:15 AM, Anagami said:

It is of course possible that my friend has been abusing the system that I don't know about, but I doubt it. He lives in a jungle hut in an isolated monastery in Isaan close to Laos border. He is thin as a needle, completely serious about his spiritual practice, and seems to be living as a monk 100% whenever I come to visit him.

 

Sorry, Cambodians and other neighbors do receive different treatment than farangs. And that's a fact, not an opinion.

 

Also, 'last month' is sometimes very old news in Thailand. Things, especially those pertaining to Thai Immigration, can change in a flash.

 

 

In order to get a monk visa, you need to be sponsored by a temple with a certain standing so it is possible that his temple is too small or not connected enough to sponsor the visa. It is also not uncommon for temples to be reluctant to sponsor foreign monks for a number of reasons, including xenophobia, reluctance to get involved in Thai bureaucracy, lack of knowledge of the system etc. even if the foreign monks are serious and long-standing. I know of one monk who has regular issues, despite living in a large temple in BKK and having been a monk for over a decade. 

23 hours ago, scorecard said:

Not sure about that, many TV members have shared they have used the card as an ID at airline check-in and/or at the boarding gate.

 

Here in CM I'm aware of 3 TV members who produced the card at check-in and it wasn't accepted and after some discussion an airline supervisor appeared and explained that the pink card could not be accepted because it says clearly, on the back, that the holder is not allowed to move more than 35 (that number needs checking) kilometers away from the place of issue.

 

The airline supervisor also said that knowing the card holder was about to travel a lot further than the 35? K mentioned on the card the airline was concerned that it might be accused by the authorities of accepting something which is not appropriate as an ID for longer distance travel.  

 

It seems that this explanation has been given several times. 

 

Some TV members have said the back of their pink card doesn't say anything about travel being restricted to a specific number of kilometers away from the place of issue. I have PR and I have a pink card (issued at the main amphur office for muang Chiang Mai).  and it does mention that the holder cannot travel more than 35? away from the place of issue.

 

In Bkk I know a Thai lawyer who is very knowledgeable about such matters, he has checked with the ministry involved who say the wording on the back is absolutely standard for all pink cards.  He's also mentioned that the ministry knows that the pink card currently used for foreigners needs to be revised on several points.

 

 

The problem is to do with the fact that the ID is only in Thai script. There is no English translation, so it cannot be used for flights, which I understand require an English language name (check out Thai national's ticket, which is printed in English even though they are using a Thai National ID card). If the Pink card had Thai and English language, then it could be used as ID for flights. 

If you go to SCG (Siam Cement Group) store, they have installers who will recommend what you need and come and install for you.

 

There is a 2,000 charge for the inspection which can be set against any order made. They are probably a bit more expensive than a contractor but they are trained on how to install and offer a guarantee. Installation was about 5,000 baht for me for a 90 sq m attic (36 rolls of RT38). 

 

I also had roof vents installed. 

 

I've only just had it done, so I can't say whether it has made any difference as yet

2 hours ago, Tanoshi said:

And your qualifications are what exactly!

I'm quoting from personal experience of living in 2 different Provinces at 4 different addresses and filing TM28's and TM30's accordingly.

 

I use the term permanent address as the one registered with Immigration.

It has nothing to do with having a Yellow Tabien Baan, which are issued under the Civil Registration Act, not the Immigration Act.

 

I disagree and so does my IO.

Section 37. The provision of ( 3 ) and ( 4 ) shall not apply to any cases under Section 34 by any conditions as prescribed by the Director General.

I entered Thailand under clause 15 of section 34, therefore clause 3 and 4 of section 37, do not apply in my case according to my IO.

 

Filing a new TM28 only applies in my case under section 37 (2).

2. Shall stay at the place as indicated to the competent official. Where there is proper reason
that he cannot stay at the place as indicated to the competent official, he shall notify the competent official of the change in residence , within 24 hours from the time of removing to said place.

 

That according to my IO is the place registered to Immigration as your permanent place of residency, until such time as you change to another place of permanent residency, which you notify by TM28.

You are not required to file a new TM28 when staying at a temporary different address to the one registered with Immigration.

 

The TM30 is something entirely different.

My qualifications are a law degree and several professional legal qualifications. You?

 

I fully understand what you are saying, but it remains the case that it is semantically and legally wrong (and unhelpful) to use the term permanent address for the address registered for the TM30 as it denotes something which isn't the case. One of the problems with people asking for and giving advice is the incorrect use of terminology which is why many people get confused. It is correct to say that the yellow books has nothing to do with the immigration act per se, but as a matter of fact and law, it is proof of registration of a permanent address with the Thai authorities. The registration of an address with immigration on a TM28/TM30 is neither de facto nor actual proof of 'permanent' address. It is respectfully (far) better to simply use the term the address registered with immigration for the TM30 which needs to be updated with a TM28 if you change address which also explains why the TM30 doesn't (or shouldn't) need to be updated if you stay somewhere else without changing your registered address with a TM28

 

Even if you had popped down to immigration to ask 'your' IO about the interpretation of the immigration act, respectfully, what is the case in one office is not necessarily the same in another as we all know so 'quoting' an unnamed and unreferenced IO is somewhat facile and disingenuous. In any event, if you read my post, I made clear that the law and the application of the law are not the same, so trying to argue that Immigration doesn't require x y and z isn't the point is, within the context of this discussion, pretty much irrelevant. I was pointing out that many people, including yourself, give misleading and subjective opinions based on a narrow understanding of the law, the rules and the general and specific application of the rules from one office to another. Your point about your post is based on your experience is simply proving my point. I am not saying that you are wrong about the requirements, simply about the terminology you are using as well as your assertion that simply because something was based on your personal experience means that that is the case throughout every office and in every situation which is clearly not the case. 

 

Equally quoting (or misquoting) specific sections of the immigration act with respect to your specific circumstances means that you should only be giving advice in circumstances where the OP matches your specific circumstance or else qualify your post by saying this is what happened to me at my immigration office etc. Quoting the provisions of (part of) the Immigration Act is unhelpful as a) it is not the entirety of the Act or the regulations applicable b) Thai law is written in Thai with 'unofficial' translations which sometimes can be helpful and c) in either case, Thai law is notoriously (and mostly deliberately) opaque which gives significant scope for interpretation and variation. There is of course always d) which is that many immigration offices simply apply the rules according to their own requirements, interpretation or simply how they want to.

 

The TM30 isn't entirely different to the TM28 as they both deal with registration of foreigners in Thailand. As I have said (twice now) how they are applied in practice isn't necessarily the same as the strict letter of the law and in practice the TM28 is subsumed into the TM30 for all intents and purposes save in specific situations (such as you have detailed).

 

 

 

23 hours ago, Tanoshi said:

The TM28 is for registering a permanent change of address to Immigration.

The TM30 is a report of you arriving/returning at the registered address.

 

The problem with these forums is that a significant number of people have a limited amount of knowledge based on their own experience, and give advice based on that, and/or their own (limited) circumstance, which somebody else then reads and gets confused over because their experience doesn't match

 

Your assertion as to what the forms are for are incorrect on both counts as you fail to give any qualification to your bald statement of fact. What you say is correct ONLY within the context of an established expat with a registered address (by which I mean, and presumably you mean is an address registered in person with immigration for a TM30).

 

The title of the forms (according to the translation given by Thai immigration) are:

 

TM28 - Form for Aliens to Notify their Change of Address or Stay in a Province for more than 24 hours

TM30 - Notification Form for House Master, Owner or the Possessor of the Residence where Aliens have stayed

Equally, talking about a 'permanent address' is misleading as this term only applies to those with yellow books.

According to the law, you are required to file a TM28 when you stay somewhere for more than 24 hours. The fact that immigration currently does not enforce this does not mean that that is not what the law says or requires

 

Equally, every time you stay somewhere for more than 24 hours, the owner etc of the place where you stay is required to report your stay (on a TM30).

 

The fact is that the law and these forms were not really designed for foreigners living in Thailand on a permanent basis which is why there is such a massive mismatch between the law/forms and reality, and why there is so much confusion. 

 

 

 

1 hour ago, Peterw42 said:

TM30 isnt reporting where you stayed, its reporting a return to your house.

That's wrong. It is completely reporting where you stay.

 

If for example you stay at a friend's house, technically, your friend should report you on TM30 and when you return home you report on another TM30 (i.e. every time you stay somewhere overnight, you are meant to report your stay).

 

The fact is however that many immigration offices don't bother at all or simply require an initial report (for permanent residents), which is then changed if you leave the country or move house

 

As for reporting yourself to immigration this is actually done on a TM28, but as that is (mostly) duplicated by the Tm30 and for other reasons (such as the completely impractical nature of the form which requires all foreigners, including tourists to report themselves independently of the TM30) can pretty much be ignored, but it is lurking in the background

 

Simple change banks[emoji848]

Very helpful....

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I only use FCD Stirling account at Kbank for a retirement visa in CM due to the state of the pound get them to print a letter and take your passbook job done[emoji848]

The point of my post is that KRUNGSRI don't issue a passbook, only an ATM card

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2 hours ago, scubascuba3 said:

6 hours ago, roath said:

 

I can't answer your question but, do you get any interest on the account?

I believe it's nominal...0.10 per cent or something

I am currently on a Retirement Extension and in previous years, I have used the British Embassy Certificate of Income, but with the removal of that facility, I am looking at the alternatives.

 

Although Immigration are meant to be applying some leniency this year I have seen reports from some Immigration offices where they have for example refused to accept the combination method of bank funds and have required an amount in excess of 65K to be transferred every single month, not simply an aggregate over the course of the year, which I will fall foul of as I haven't transferred consistently this year so far (as the new rules only came in after I had already renewed for last year).

 

I do have a Foreign Currency Deposit Account with Krungsri (the yellow bank) in GBP Sterling, which has an amount more than sufficient to cover the 800K baht requirement for my extension on its own without the combination method (even if there is a further drop in the pound), but the concern I have with this is that Krungrsi do not issue a passbook for this account, only a plastic ATM style card. Krungsri told me that they are happy to provide a letter for immigration to confirm the balance but I am concerned that Chiang Mai immigration will not accept the bank letter in support of the extension without an actual bank passbook. Does anyone have any knowledge about this?

 

My extension is in November so I have plenty of time to resolve the issue and get 3 months seasoning, but if I can I would rather avoid transferring funds into THB at the moment if I can avoid it. Thanks 

 

 

52 minutes ago, jackdd said:

If the income is in THB they could never legally use this income for their extension of stay, so no changes for them

Only for those on retirement visas, although in theory, it's possible that you could obtain that level of income from interest in a Thai account, or from dividends from investments in Thai companies, neither of which avenues would require a work permit

5 hours ago, elviajero said:

No you’re not. I argued that point for years. It was a convenient, for some, loophole that is now closed to anyone not using the embassy certification.

 

 

Lots of people without either a legal or accounting background making assumptions as to what should and shouldn't constitute income. If the Thai government wanted people to declare net income (after tax and deductions) they were always quite capable of doing so. They didn't so it wasn't a loophole. It was simply complying with their requirements.

 

If you are self-employed, for example, your net income will vary from period to period and will only anyway be capable of calculation after two years when the tax return is filed and income is calculated at that point. It's not as simple for everyone as people think (and I suspect that those people will have had normal jobs where they were paid monthly and paid tax monthly). 

 

Even saying after tax isn't always helpful as some taxes (e.g. National Insurance in the UK) isn't actually compulsory (the additional payments anyway) so should that be included or not.

 

Likewise, even establishing (if you are self-employed) what is your actual income as opposed to income declared for tax (i.e.; after deductions) could vary significantly

 

so lots of keyboard warriors saying that other people were cheating when it simply (in many cases) exposed their narrow mindedness (as to what other people do) and ignorance (as to law, modes of taxation, and accounting etc)

 

The new system has at least a simplicity in that you either transfer 65K a month into Thailand or you don't. It would just be useful to know if a) that is a minimum monthly figure (e.g. so if you transfer 820k baht a year into your account, but not in equal amounts, that won't qualify) and b) confirmation that the combination method is still available (it seems it will as it hasn't been removed, but as always, clarification is better than supposition)

 

 

 

 

5 hours ago, sumrit said:

You say a pink ID card is 'not in any way an official, national ID for foreigners' but the vehicle licence office recognise and accept it as ID instead of a passport, and the yellow Tabien Baan instead of a residence Certificate, when renewing a Thai Driving  Licence, I did mine just last month at the local Chonburi Office. I have my ID Number on the licence instead of my passport number.

Out of interest, did they issue you with another 5 year licence on renewal with Pink ID card, or just two years? Someone posted that when they changed their DL from their passport number to national ID number, they would only renew with temporary rather than permanent DL status. I am in the same position, and am reluctant to lose the 5 year 'permanent' DL 

1 hour ago, dick dasterdly said:

For those using the income route for retirement 'visas', this sounds like good news?

 

i.e. "For retirement extensions of no more than 1 year evidence of average monthly income of B65,000 is required."

 

So a miscalculation due to exchange rates can be compensated another month.

 

Presumably all Thai banks will set up a way to provide a letter and statements confirming the international transfers - although there's no way they'll be able to confirm it's pension income.

 

i.e. "Letter of certification from a Thai bank supported by bank statements showing a pension being transferred to the pensioner’s bank account every month for at least 12 months."

 

The main problem that I can see, is if they are saying the pension income must be paid directly into a Thai bank account?

Hopefully, they are using the term pension funds interchangeably with income.

 

I am not retired and won't get a private pension for another 3 years or state pension for another 14 years

 

Retirement extensions haven't previously required proof of being retired only proof of income once over 50

 

Legally this.doesn't.make.sense unless they.are.using.the.term.pension funds.as.meaning the funds supporting the.retirement.extension

You don't

So why say I wasn't correct and why did you just try to use your pink ID without your yellow book?

Anyway....

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If you have a yellow book you shouldn't need a residence certificate

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Not true, my useless pink card was not accepted as proof of residency in khon Kaen when renewing my driver's license.

The Pink card is proof of ID.

The yellow book is proof of residence

You need to take both with you for renewal


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correct. no RC required

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to clarify pink id card and yellow book are.accepted. pink card is proof of id yellow book is proof of (legal) residence

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