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Liquorice

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Everything posted by Liquorice

  1. Not from Thai Immigration. I gave you links to the law and the 3 options available to legitimise yourself as the child's Father. The rest is up to you.
  2. You'd need evidence of 12 x monthly overseas transfers of 65K THB to change to the income method for a 1-year extension, the same being required changing from Tourist to Non Imm (Non O) status using the monthly income method.
  3. You'll have to extend your stay based on retirement, you cannot extend based on Thai child for reasons already explained, unless the Amphoe will allow you to register as the legal Father, or you obtain a Court order legalising you as the legal Father of the child. Simply being named on the birth certificate does not give you any parental rights and does not mean you are the legal Father of the child.
  4. He isn't married, the child was born out of wedlock, therefore under Thai law he isn't recognised as the legal Father, even if his name appears on the birth certificate. Immigration do not accept being named on the birth certificate as evidence of being the Father when not married to the Mother. When a child is born, it is clear who the mother is. Who the father is remains the question. If the mother is married, the law will assume that the husband is the father of the child. It doesn't matter who makes the registration. However, if the mother is not married, the law makes no such assumption and the father being named on the birth certificate is not enough. After all, anyone can be named on the birth certificate as the father, without that person knowing, let alone agreeing. In that case, the father has to legitimize the child, with which he acknowledges before the law that he is the father of the child. CM Immigration are correct to refuse his extension application based on Thai child. 3. Parental Rights in Thailand a) If the parents are not married In Thailand, only the mother will have parental rights under section 1546 of the TCCC unless the father does one of the 3 steps written in the following clause, 1547. We strongly suggest to a father that is not married to the mother to legitimate his rights as father by asking the court to do it. The court will normally accept unless the other party can prove that it is NOT in the best interest of the child. https://thailawonline.com/family-law-in-thailand/ TCCC = Thailands Civil and Commercial Codes. https://www.samuiforsale.com/law-texts/thailand-civil-code-part-3.html#1535 Section 1546. A child born of a woman who is not married to a man is deemed to be the legitimate child of such woman. Section 1547. A child born of the parents who are not married to each other is legitimate by the subsequent marriage of the parents, or by the registration made on application by the father, or by a judgment of the Court. Section 1548. When legitimation is applied for by the father, the child and the mother must give consent to the applicant. In case where the child and the mother do not appear before the Registrar for giving the consent, the Registrar shall notify the child and the mother of the father’s application for registration. If the child or the mother raises no objection or does not give the consent within sixty days after the acceptance of the notification by the child or mother, it is presumed that the child or the mother does not give consent. The period of time shall be extended to one hundred and eighty days in case where the child or the mother has been outside Thailand. In case where the child or the mother raises an objection that the applicant is not the father, or does not give the consent, or is unable to give the consent, the registration for legitimation must be effected by a judgment of the Court. After the Court had pronounced a judgment effecting the registration of the legitimation and the judgment has been produced to the registrar for registration, the Registrar shall effect the registration.
  5. He isn't applying for an extension, he's already been granted a 30-day extension from entry on a Tourist Visa. Read the topic header. Converting from tourist visa extension to a Non Imm O retirement That was the question, and answered by @Dr Jack.
  6. Possible, but he'd have to file a TM30 for an address in that Province. Then there is also the question of producing a rental agreement and receipt. The procedure and requirements are here: VE-TV to Non O Retirement.pdf
  7. The OP enquired about obtaining the Non O. He entered on a Tourist visa, then extended his stay for a further 30 days. @DrJack54 is perfectly correct with his information.
  8. You're commenting on an agent obtaining a temporary extension of stay based on Thai spouse from Thai Immigration, which is a permit, not a visa. The topic is about obtaining a Non Imm O ME visa based on Thai spouse from a Thai Embassy or Consulate, which are only based in other Countries.
  9. https://image.mfa.go.th/mfa/0/3fsjzRYZ2e/VISA_FORM/NON-IMMIGRANT_VISA_(O)_FOR_DEPENDANT.pdf My understanding is that Penang will only issue a Non O (dependant) visa, when the independent foreigner is the main applicant and then only for Non B, Non ED or Non O-A visa types.
  10. Yes, to be clear, I was giving advice on the OP's requirements for an extension application, not his spouse. The agent appeared to provide him with details of an extension based on Thai spouse (400K) which is not applicable in his case. He will require an extension based on retirement, which his wife can then piggyback as a foreign spouse.
  11. The option of applying for an extension based on marriage only applies where the spouse is Thai, therefore that option doesn't apply to your predicament, as your spouse is from the Philippines. You're restricted to applying for an extension based on retirement. There are 4 financial options available, the requirements are in brief; 2. Embassy Income letters: - no longer available to UK, US or Australian citizens. 1. Funds method: 800K THB deposited in a Thai bank account (your sole name) for 2 months prior to the application. The 800K funds must remain in the account for 3 months after the extension is granted. You may then withdraw up to half, but the remaining 400K THB must remain in the account. Repeat the following year. 2. Income method: Monthly overseas transfers of 65K THB transferred to a Thai bank account (your sole name). Immigration will request proof of 12 x 65K transfers. 3. Combination method: A combination of both funds deposited in a Thai bank and overseas transfers totalling no less than 800K THB for the year. In each and every case of Immigration Orders, sections 2.18 list the criteria for extensions of stay based on Thai spouse/family. Sections 2.22 list the criteria for extensions of stay based on retirement. Therefore, you are only interested in section 2.22 of Immigration Orders. 327-2557 (2014) - Criteria for extension ENG.pdf Original criteria order. (2014). 138-2557 (2014) Docs for extensions - ENG.pdf Original document order (2014). Amend 138-2557 (2018 ) clause 2.18-2.22 for Thai bank income ENG.pdf This order amended the original order of 138/2557 after certain Embassies ceased issuance of Income letters, allowing documentary evidence of income from monthly overseas transfers into a Thai bank to be acceptable to Immigration.
  12. Not so. If you're using the transfer of income method, according to Immigration Order 138/2557, clause 2.22 (retirement) it states documentary evidence. 138-2557 (2014) Docs for extensions - ENG.pdf 3. Evidence of income such as a retirement pension, interest or dividends; and/or 4. Funds deposit certificate issued by a bank in Thailand and a copy of a bankbook Although clause 3 to me merely gives an example of proof of income, certain Immigration offices will only accept income from pensions, interest and dividend payments as proof of income and request documentary evidence such as statements to prove such. They will dismiss overseas transfers where part of the income comes from Savings. That was the experience @Kalasin Jo encountered.
  13. Immigration wouldn't accept the Investment amount, only the interest amount from such Investments, with proof of such to be considered as income. If you had Investments, that paid sufficient monthly interest to meet the difference between the basic UK state pension amount to 40K per month, then I'd cash in some Investments and transfer the 400K.
  14. To piggyback your 1-year temporary permission of stay, your dependant must initially have a Non Imm O visa. 327-2557 (2014) - Criteria for extension ENG.pdf Clause 2.20 Thai Embassy Vientiane or Thai Consulate Savannahket are the first obvious choices to make enquiries on obtaining a Non O for your spouse. Information on a commercial website can be misleading. It is possible to enter TV and change status to Non Imm at Immigration, but only in the case where the applicant's family (you) have a residency permit to reside in Thailand. You do not have PR status, you will have temporary permission of stay for 1 year. TV to Non O Dependant.pdf
  15. It's standard practice, when refusing a 1-year extension application, to give a 7-day extension to allow you to pack up and put any affairs in order before you leave the Country.
  16. If an Immigration officer request funds to cover his expenses for a home visit, it's a scam. Even if they use a private vehicle, their expenses are covered by Immigration. The cost of meals is not included in their contracts, nor should it be covered by foreigners. If you want to be courteous, offer them a coffee and biscuits, as you may any other visitors.
  17. Not so Tim. Dependent on the bank, passbook entries do not necessarily confirm transfers were from overseas. All overseas transfers go through the HQ before being forwarded to your branch. Only the HQ have a SWIFT code, branches are identified by the account number. As an example, an overseas transfer to Bangkok bank will be coded as FTT in a passbook (Foreign Telex Transfer), whereas an overseas transfer to Kasikorn bank will be coded as a 'local' or 'domestic' transfer. Bangkok bank is the only bank that notify the branch where the funds originated. However, a statement from the HQ office of either bank will code the transfer as 'International'. The other issue with passbooks is if you don't regularly update and use the ATM's, which cannot automatically flip the page, it will update restricting entries to fit the page. The answer to this is to update at the counter. From Immigrations point of view, trying to identify the odd overseas credits amongst long lines of withdrawals in-between can be tedious, whereas a statement is separated into columns of debit, credit and balance making it far more obvious, as they only need to verify a single column of entries. Local branches, as with internet banking, can only print a 6-month statement, hence for Immigration purposes a 12-month statement has to be ordered from HQ. The exception being if your account is at the HQ branch.
  18. According to the senior IO at my Immigration office, the powers above requested several months ago more random house visits for those applying for extensions based on retirement. He has also instructed his staff that all applications for a change of status from Tourist to Non Immigrant regardless of being based on marriage or retirement must have a compulsory house visit to confirm their addresses.
  19. Misleading. You apply to extend your current permission of stay based on marriage. A visa cannot be extended.
  20. What documents are you uploading? Your wife can file the TM30 as the 'house master', however as your wife rents the Condo her registered address in her house book will be different. You should upload copies of your landlords Tabien Baan and ID card for the Condo address, or the Chanute if he/she is registered elsewhere.
  21. That was the result of cessation of Income letters. It's no different from using the 400/800K funds method, where the funds come from savings after post tax. Immigration loath going through statements to confirm 12 monthly overseas transfers, against an Embassy Income letter. It's caused them unnecessary work (their words, not mine). Heavens, they've had to educate themselves how to use a calculator since!
  22. You miss the point. Immigration were requesting 'validation' of such documents, rather than them being taken at face value, to eliminate forgery. The UK Embassy had suspected for some time that Immigration assumed all Embassies 'authenticated' submitted documents, when in fact all Embassies were merely 'certifying' their letters, as per Immigration Orders. During the course of several meetings over several months between the UK, US and Australian Embassies with Thai Immigration, it became apparent that the Thais didn't understand the difference between 'certified' and 'verified' and the almost impossible task of verifying documents due to Data Protection laws. The 3 Embassies became frustrated with Thai Immigration and thus elected to withdraw the service of issuing 'Income letters' under the false pretence that all submitted documents of income had been 'verified'. This action took Thai Immigration by surprise and as a result they were forced to introduce a new Immigration Order amending Order 138/2557, allowing proof of income for extension applications via monthly overseas transfers to a Thai bank account as an alternative to Embassy Income letters. What surprised everyone was that the amended order, when Immigration had the opportunity to change the requirement to 'verified' income, chose instead to stick with the term 'certified' Embassy Income letters. Had they requested 'verified' incomes in the amended order, then all Embassies would have ceased the service. As it is, most Embassies continue the service by complying with the requirement to 'certify' their Income letters. I know for fact that Thai Immigration expected the UK, US and Australian Embassies to resume their service after publication of the new order, but after months of negotiations, and frustrations with Thai Immigration, planning redeployment of staff months in advance, that wasn't about to happen. Thai Immigration shot themselves in the foot, and the 3 Embassies want nothing more to do with Thai Immigration.
  23. Firstly, most Government state pensions come nowhere near meeting the financial requirement of 65K per month. The current UK state pension equates to the equivalent of 39,338 baht per month. The shortfall comes from private or company pensions in order to meet the financial requirements. 'Verification' does not mean production of pension documents, but authenticating the information given on such documents. Only your individual pension provider can verify your income, and that information is restricted due to Data Protection Acts. Your pension provider will only deal with you as the recipient of the pension, after providing security details already on file to confirm your identity. Only by providing a form of 'authorisation' to grant another 'named person' (not organisation), will your pension provider provide information or deal with that other named person.
  24. ???? So, you've both obtained affidavits of freedom to marry, Embassy certified copies of Passport, all documents translated and legalised by the MFA to present to the Amphoe in order to marry in Thailand.
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