KamnanT

Without commenting on the wisdom of exiting Thailand on a passport that the UK IPS has electronically cancelled, I will comment on whether or not Thai immigration computers somehow communicate with those in the UK in real-time as UK nationals enter and leave Thailand. The short answer is no. Surprisingly, there are very few real-time data exchanges going on between national immigration authorities anywhere in the world. There are, of course, flag lists that are passed around on a periodic basis (e.g. Interpol) but for the most part each nation maintains its own list of undesirables and its own database of issued, valid and cancelled passports for nationals of that country.

All rather surprising in this post-9/11 age --- one would think that some international agency would have coordinated a real-time network to link all of these disparate computer systems together. If such a system were in place, counterfeit passports would be a thing of the past, as every immigration officer in every country could check your passport details against your home country's national passport database and see immediately if any details had been altered or if the photo or biometrics were of a different person. The fact that immigration officers still need to examine your passport carefully for signs of alteration or counterfeiting must mean they have no real-time access to your country's database.

I believe there are some exceptions, however - Canada and the US do share information in real-time and the Schengen zone countries have a single, shared database of entry and exit details, although I don't know if this extends to real-time information sharing of details on all passports issued by Schengen zone member states.

The address of both the employee and the employer are shown in the work permit, the former on Page 4 and the latter on Page 6. When I needed to update my residential address, I did it through my employer who filed the appropriate paperwork with the Labour Department. The change was entered as an amendment on Page 21 on the permit using a rubber stamp impression titled "Change of Residence", which to my mind indicates that the Labour Department expects to be notified when work permit holders move house.

In the first instance, ask your employer to do it. If they won't, try visiting the Labour Department yourself and explaining the situation.

If she holds a valid Green Card ( I - 551) then she does not need a visa to travel to Canada.

But, interestingly, the reverse is not true - permanent residents (landed immigrants) of Canada still require a visa to travel to the United States unless they are citizens of a visa waiver country or are otherwise exempted.

The only change I had heard of recently (June) with the French Schengen process was that the application center was being stricter about enforcing the rules around which Schengen member state an applicant submits his/her application to. If your travel plans include visits to multiple Schengen states, the guideline has always been that you must apply for a visa from (1) the state where you are planning to spend the most time or (2) if you are spending equal time in two or more states, the state of your first entry into the Schengen zone.

In the past, the TLScontact application centre has been flexible on the interpretation of these guidelines, e.g. they have accepted applications where France was the first state of entry but the majority of the visit was being spent in another Schengen state. In June, I was told of one applicant who had been advised by the center not to submit her application as her itinerary indicated that she would be spending more time in Italy than in France (17 nights vs. 15 nights). The TLS advisor said that the French Embassy had begun rejecting applications where the proposed itinerary didn't strictly meet the guidelines.

However, if you are an EU citizen, your wife is not required to answer a number of questions on the visa application form, including the one that asks for details of hotels/temporary accomodation for every night of the proposed stay (i.e. the itinerary). She simply needs to state her proposed entry and exit dates from the Schengen zone. She should also be exempt from Schengen visa fees.

I forgot to mention that if your friend doesn't wish to travel to Bangkok, Tourist Visa applications can be submitted through an agent in Phuket for an additional charge. Details on the VFS website under "courier applications".

It's difficult to answer your questions without knowing your current immigration status in Thailand. I'm guessing that you are in Thailand on a Tourist Visa with a 60-day permission to stay? And that you are looking to extend for a further 30 days? If so, then yes, the "old" Soi Suanphlu immigration office is temporarily processing visa extensions for tourists and for foreign residents of Bangkok, Ayuthaya, Pathum Thani and Nonthaburi provinces.

For a visit of up to 3 months, the US citizen will require an Electronic Travel Authority (ETA), which can be obtained online or via a travel agent for a service charge of A$20. Apply at least two weeks before travel.

The Thai citizen will require a Tourist Visa (subclass 676), which should be applied for at the VFS Australian Visa Application centre, Thai CC Tower, 34th floor, 889 South Sathorn Road, Bangkok. Processing times vary but consider applying at least 3 weeks before your intended travel date. The visa fee is A$110 (currently converted to THB 3,650), plus a THB 600 service fee to VFS. Cashier's Cheque, Bank Draft or cash - no credit cards accepted. You will need to provide an application form and supporting documentation as described on the the VFS web site (http://www.vfs-au.net/visitor.html). The process is no different to that for an Australian citizen wanting to bring a Thai GF to Australia.

As for all travel where visas are required, don't purchase non-refundable travel or accomodation before you have a positive result.

The 6000 baht is taxable but you should not have to pay any taxes.

Not taxable. I receive 8000 Baht housing allowance from the university and it is not taxed nor required to be declared.

As a general rule, payments made in cash, whether termed salary or allowances, are all considered taxable income. Even payments "in kind" (e.g. rent-free housing) are subject to income tax on their fair value.

From http://www.rd.go.th/publish/6045.0.html:

2.1 Assessable Income

Income chargeable to the PIT is called “assessable income”. The term covers income both in cash and in kind. Therefore, any benefits provided by an employer or other persons, such as a rent-free house or the amount of tax paid by the employer on behalf of the employee, is also treated as assessable income of the employee for the purpose of PIT.

I received housing, transportation and child tuition allowances from my employer for many years - all were subject to personal income tax.

Out of curiosity, did the interviews take place in your office or did the 4 Thai staff have to take the morning off work and troop down to Immigration?

I'll do you the favour of not commenting on the wisdom of entering into an arranged marriage of convenience for the purpose of assisting your "spouse" to falsely obtain immigration status in Australia. Clearly, establishing whether or not you were ever legally married would be a good first step - the NSW Registry of Births, Deaths and Marriages will supply a Marriage Certificate to the bride or groom on application. You need to provide 3 current forms of identification with the application, so if your marriage was in your "old" name, you may have difficulty unless you can also provide proof of your name change (ie. deed poll). They can search a range of years if you are not sure of the exact marriage date. Two searches will, indeed, require two fees.

Assuming you were legally married, the next question is whether or not you were ever divorced - the marriage certificate will not include any indication whether or not the marriage was subsequently ended. In NSW, sole divorce without proof that the respondent has been properly served is complicated, so unless you remember being served with divorce papers, it is likely you are still married. If your "spouse" couldn't/didn't want to locate you, she could have applied for either "substituted service" (where the divorce papers are served upon a friend or relative whom the court could be reasonably certain would inform you of the divorce proceedings) or "dispensation of service" (where your spouse satisfied the court that all reasonable attempts were made to locate you but were unsuccessful). If the former, then most likely your friend or relative would have mentioned it to you. The latter, dispensation of service, has a very high burden of proof - your "ex" would have to demonstrate that she attempted to contact you via just about every channel available, including family, friends, past employers, schools, etc. Again, unlikely that this kind of search would not have come to your attention.

If I had to place a bet, I would say that if you were legally married and you have never been served with divorce papers, then you are most likely still married.

In your case I think the simplest way would be to obtain a 90 day Non-Immigrant Tourist visa in the U.S.

To clarify, there is no "90-day Non-Immigrant Tourist visa". There is a Tourist visa on which you will be granted permission to stay for 60 days and which can be extended at Immigration in Thailand for a further 30 days. You may be able to obtain a Tourist visa that permits 2 or 3 entries (thus enabling 2 or 3 90 day stays). There are various classes of Non-Immigrant visa on which you will be granted permission to stay of 90 days on each entry, which can be extended up to one year if you meet the relevant criteria. As you are not yet married, it will be difficult to obtain a Non-Immigrant "O" type visa, the type normally issued to dependents/spouses of Thai nationals.

Use ericthai's advice to obtain a Non-Immigrant "B" (business) visa or use RayongMike's advice to get Tourist visa if you intend on marrying soon after arriving in Thailand. Once married, you can change your visa class to a Non-Immigrant "O" type. If your marriage plans are less firm, a multi-entry Non-Immigrant "B" visa would allow you to stay for 15 months if you exit and re-enter Thailand every 90 days or potentially indefinitely if your fiance's company successfully applies for one-year extensions of stay based on employment. Note that for an extension of stay, the company will need to provide evidence that they have adequate capital, at least 4 Thai employees and are making income tax and social security payments on your behalf.

Using Tourist visas to remain in Thailand long term is possible but is becoming more problematic as many embassies and consulates in Asia are limiting the number of consecutive Tourist visas they will issue. The pinned threads have recent anecdotes on experiences at consulates in the region.

You used to be able to do postal applications however I think they may well need to apply in person. But it will also depend on what visas they both currently hold.They could have to return to Thailand to apply but please check.

Postal applications are permitted in limited circumstances:

"You may apply by post:

1. If you are a spouse of an EU or German national or
2. If you have had a Schengen visa from the German Embassy in London issued within the past 12 months or
3. If you have had at least 2 used Schengen visa from any Schengen Embassy issued within the past 24 months or
4. If you have had a one-year or multiple-year Schengen visa within the last 24 months and have used it."

As the OP states that the applicants are "living and working legally in the UK", then they will be in possession of temporary entry clearance permitting employment, FLR or ILR. Any of these allows them to apply at the German Embassy in London rather than having to return to Thailand.

I live in the middle east, and go to USA once a year for about a month.

I take it that as you live in the Middle East, you have no history of long-term residence in Thailand (no Non-Immigrant visas in your passport)? Much of the anecdotal evidence appears to indicate that Thai partners stand a better chance of approval if their relationship is with someone who resides and works in Thailand, as this is considered a stronger reason to return than cash in the bank or family ties.

They will both need Schengen visas to visit Germany. If Germany is the only Schengen zone destination on their itinerary then they will need to apply at the German Embassy in London (23 Belgrave Square). They will need travel insurance with a minimum GBP 20,000 cover for medical treatment/hospitalisation.

I've found that, like most things in Thailand, the rules and procedures vary from bank to bank and even branch to branch. Small amounts (e.g. 6 figure baht sums, not 7 figure) are usually no problem. For larger amounts, Thai banks often ask me for evidence that the money I am transferring out of Thailand is salary from authorised employment. When I've asked why they need this, I've always been told "Bank of Thailand regulations for foreigners", but in 6 years of trying, I've never found the BoT regulations that place limits specifically on foreigners.

My idea is to ask the employer to lower my income by taking 9000 baht per month as a housing allowance. Then we could report income at 46,000 per month and thus a lower bracket.

Housing allowances are considered taxable income, so this wouldn't lower your tax bill.

Assuming you are i) single, ii) paying the maximum 750 baht/month into the Social Security Fund, and iii) have no other deductions, you would have a taxable income of 591,000 and be liable for personal income tax of 53,200 per year or 4,434 per month.

My issue seems more that I am not in the "normal" situation of "I live in AU, have a 9-5 job, wants to bring my Thai GF over for a visit……" that would probably be easy.

Actually, it would probably be harder. The fact that you and your GF have an established relationship, that you reside in Thailand and that all of your assets are here gives your GF a further reason to return after her visit. If you "lived in AU, had a 9-5 job, wanted to bring your Thai GF over for a visit" she would be considered at higher risk of overstaying.

I'd say your chances are pretty good (but still wait until you get the visa before you pay for the tickets).

About 7 or 8 years ago the Bank of Thailand tightened up the regulations for the granting of consumer credit, as there was some alarm at the number of Thais getting themselves underwater with credit cards. They established guidelines for minimum monthly salary (I believe it was 12,000 baht/month) before a credit card could be issued and the maximum amount of credit that could be granted as a percentage of annual salary. Since then, local card issuers (well, in my experieince at least Bangkok Bank and Citibank) have been reluctant to increase credit limits without an explicit request from the cardholder and a salary certification letter from his/her employer.

You can apply for a UK passport from Thailand (by sending the application to HK as you've noted) or you can apply at the Passport Office in the UK. The latter is quite a bit cheaper but you will need to be in the UK for at least 3 weeks OR pay an additional fee for an expedited application. You will also need a UK mailing address. See the "Renewing or applying for your passport while visiting the UK" section on the Directgov site:

http://www.direct.gov.uk/en/TravelAndTransport/Passports/Applicationinformation/DG_183772

I'm not sure that the child can enter the UK on an expired British passport - if not, then he/she will require a UK visa in his/her Thai passport. The additional cost and hassle of obtaining a UK visa might make it more practical to get the new British passport from HK.

I know of at least two people who used an APEC card to reside long term (2+ years) in Thailand. 90 days on each entry, only one instance where an immigration officer questioned the length of time in Thailand. But neither of these people were working in Thailand - as Richard4849 pointed out, working requires a work permit and a work permit requires a Non-Immigrant visa. Despite the fact that your internship is unpaid and of short duration, the law requires your employer to secure a work permit for you.

Only travellers arriving in the US under the Visa Waiver Program are required to obtain authorization under ESTA. Visa nationals, nationals of visa waiver countries who have a visa and visa exempt nationals (e.g. Canadian citizens) are not required to complete the ESTA process. ESTA is essentially a search to determine if the applicant is on one of a number of US government blacklists and visa applicants are subjected to this search at the time of their visa application.

And be aware that once you've got a re-entry permit you HAVE to use it otherwise you are requested to cancel it after it expired before applying for a new one. The cancellation takes approx. 3 days.

It's weird but it's like that.

-B-

This is the first I've heard of this. A re-entry permit is valid until the end of your current permission to stay. It permits you to leave and return without losing that permission to stay. At the end of your permitted stay you must either obtain an extension of stay or you must leave Thailand. If you obtain an extension, then you must also obtain another re-entry permit. I am not aware of any requirement to "cancel" an expired re-entry permit, even if it was not unused.

If the items are 'used' then there would be no duty to pay, isn't this correct?

Not true. Imported items, new or used, are subject to duty and VAT at their purchase value or current value, whichever is greater.. But if a Thai citizen who has been living overseas for at least 12 months returns to Thailand, he/she is permitted to bring in a reasonable quantity of household effects duty free. Foreigners moving to Thailand to take up long term residence (e.g. employment or retirement) are similarly permitted to bring in household effects, but as Mario2008 suggests, putting it all in a Thai spouse's name might be easier if he/she has been living outside Thailand for at least 12 months.

As to what is considered a "reasonable quantity", that's for the OP and Thai Customs to agree. Having a Thai customs broker working on his behalf could help in this respect. If all items are clearly used and of a household nature, I wouldn't expect too much trouble. Certain items (such as vehicles, tobacco and alcohol) are not considered household effects, so the OP should leave his 500 bottle collection of Penfold's Grange Hermitage in Oz.

Interestingly, most radio transmitters are prohibited unless specifically approved by the Thai government. I had a cordless phone set confiscated from my household effects by Customs when I arrived in 2001. It was a nice Sony one, too...I bet the Customs agent is still using it.

If the independent/self-employed passage is true, it sounds like a farily common sense move to get these types of workers normalised and (more importantly for the Thai government) on to the tax rolls.