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stgrhe

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Posts posted by stgrhe

  1. The house can be sold but the new owner must honor the lease. Of course the lease could be broken if you reach an agreement.

    This is incorrect. The house is owned in full by the land owner unless a proper procedure has taken place in which the owneship of the land and the house have legally been separated and registered at the land office. A contract stating the ownership of the house in not good enough.

    This is a common misunderstanding by many Westerners who have 'bought' a house in Thailand with leased land.

    • Like 1
  2. khunPer wrote: "You cannot to my knowledge get any other legal documentation of ownership for a new house, whilst when buying a second hand house you may be able to register it at the Land Office."

    Actually, legal separation of the house from the land requires also a registration at the land office when it is a new build. However, there is no formal deed for the house like the chanot is for the land. One needs also to pay a fee.

    Also worth noting, when legally married to a Thai lady when pruchasing the land and / or building the house it really is no point of going through land and house separation as both the land and the house are regarded as sin somros, and thus equally owned irrespectively of whos name the deed or contract is in.

    Hence, despite that we foriegners, except in a few very special circumstances, cannot own land, we can legally own half of its value.

    • Like 1
  3. You can buy land in the name of a minor child. Guardian will be responsible, but are normally not allowed any transactions against the good for the child. Usufruct may not always be possible to obtain from a minor land owner, in such case make the usufruct agreement before land is transferred to the name of the child – not even sure if a wife can grant a husband usufruct, as that will be contract between the married couple. Check with an experienced lawyer – perhaps also some other TV-forum members may know…
    Wish you good luck. smile.png

    Good post, however, I would recommend a superficies (in you name) over a usufruct if the house construction will commence after the land is transferred to your child. You can then legally apply for the building permit in your name, which is to your advantage if you plan to legally separate the ownership of the land and the dwelling(s).

    • Like 1
  4. The tenancy agreement should contain a clause about allowing reasonable access with advance notice.

    This is not needed since the provision for reasonable access is law, and a law allways take precedence over any contract clause.

    Please check the Commercial and Civil Code of Thailand, Book 3, Title IV - Hire of Property, Section 555, "The hirer is bound to allow the letter or his agents to inspect the property hired at reasonable times."

    http://www.thailawonline.com/en/thai-laws/civil-code.html

    • Like 2
  5. After one of you receives the extension of stay then the other person applies for a extension of stay as a dependent no need for money but will have to show a marriage certificate to confirm relationship. The 90 day report as above only for people in country longer than 90 days if you leave it resets the calendar. On an extension of stay you both will need re-entry permits obtainable at immigration or at the airport.

    There is, however, a risk with this alternative that needs to be addressed. Should anything happen to the main residence holder, e.g. a sudden death, the spouse would immediately loose its permit and need to leave the country or face overstay.

  6. Your questions OP with my answers in blue text

    "

    1. Questions relating to my husband:

    Are the following understandings correct?

    1. During his Non-O-A visa valid period, April 2014 to April 2015, he doesn’t need to obtain a re-entry form for any oversea visit as long as he returns before April 2015?

    That is correct provided his visa is for multiple entries.

    1. If he leaves and returns say in March 2015 before his current visa expires, he will get another one year stay permit stamp from March 2015 to March 2016, which means he can almost get two years of stay out of his current Non-O-A visa.

    That is correct but after the visa has expiried, and he is on an extention of stay permit, he needs a re-entry permit to maintain his status.

    1. As for the 90 days reporting period, from all discussions on the forum, I understand that it is for every foreigner who has been staying in Thailand continuously for 90 days irrelevant to whatever visa he holds. 90 days reporting requires TM47 form and some places need copy of passport and TM6 departure card.

    Thai is correct.

    In order fo him to obtain extension of stay in the future, under the current legislation, what conditions and documents does he have to meet and produce? I understand that he needs to have 800,000 baht in his bank account three months before stay permit expires. I remember that I read somewhere on TV and would like to clarify that if he puts just a bit more than 800,000, is it true there is no requirement for the deposit time issue?

    He has an option of having had a minimum of 800,000 baht in his own Thai bank account for two months (applicable for the first application, thereafter it is three months) OR he can show proof of a monthly income of minimum 65,000 baht (verified by your British embassy or consulate) OR a combination of money in the bank and regular income.

    1. Questions relating to me:

    I understand that I can apply for an extension of stay for one year within the 45 days before my 90 days stay permit expires. What conditions and documents do I need to meet and submit? Is it correct that an immigration office can issue to me a Non-O multiply visa for one year and stamp in my passport the stay permit for one year as long as I meet the conditions? Do I need to have 400,000 baht in my own bank account for two months before my permit expires or as long as my husband has 800,000 baht in his own bank account, it will be sufficient? When I applied for my Non-O visa in Singapore, the Thai embassy there accepted my husband’s bank account statement and did not request me to hold 400,000 baht under my own bank account. Also, our marriage certificate was issued in the UK and do we need to get it translated in Thai? Overall, I’d like to know all procedures and documents required for me to apply for extension of stay. "

    No, an immigration officer cannot issue a visa for you but he can give you a temporary extention of stay. You have two options: 1) Apply as a spouse to your husband (you need to verify the marrige) and with this alternative you need not show any money of your own. However, should anything happen to you husband, e.g. a sudden death, you would immediately loose you permit and need to leave the country or face overstay. 2) Apply as an independent and in this case you also need the same amount in an own bank account or proof of regular income. The 400,000 you are mentioned applies only for foreig men married to Thai women.

  7. OP, let's clear up some misunderstandings first. 1) The 30 days "visa" you referred to is actually a visa exempt entry as there are no such visas; 2) A Non-Immigrant Visa can only be obtaine abroard at a Thai embassy or consulate. What you are referring to is an temporary permission of stay in Thailand based on being married to a Thai; 3) The 400,000 baht you are referring to need to be in your own Thai bank account fro two months, not three months.

    As paz is mentioning above in another posting, you could apply for a 60 days temporary permission of stay. You need to bring your wife with you.

    When applying for a one year temporary permission of stay you could either use the 'money in the bank' methode OR show proof of a minimum monthly income of 40,000 baht, verified by your local embassy or consulate. Another condition is tht you must be able to prove that you actually are living with your wife.

    Good luck!

  8. OP, there has been no official changes to the Non-Immigrant ED visas. However, the changes that will commence on the 29th this month, apply to those who seak a temporary extension of stay at the Immigration Bureau based on studies in a 'non-formal' school.

    Visas are handled by the Ministry of Foreign Affairs while permission of stays are under Immigration rules. The two government bodies are under different legislations.

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