Refused marriage extension monthly income and WP

[Panwilai82]

Hi, I have just been refused a marriage extension for the second year at Nakhon Ratchasima Immigration. I have a Non O visa issued at Savannakhet by way of marriage. I work for a company in Thailand, pay tax and social security on 40,000b p/m.  Last year and today they told me the 40,000b must come from overseas, not Thailand. Can anyone confirm this or provide up to date info on the documents needed?

 

Thanks in advance

[ubonjoe]

You can use the income from working legally in the country to prove the 40k baht income.

You have to have a work permit to prove you are working legally. You will need to show at least 3 months of tax payments to prove your income and you annual tax return.

From clause 2.18 of Immigration Bureau Order 138/2557  documents for extension of stay.

Quote

5. Only for Criteria (5) paragraph 1 and (6), the applicant must attach a funds deposit certificate issued by a bank in Thailand and a copy of a bankbook, or attach documents proving that the parents or alien husband earns an average monthly income of no less than Baht 40,000 throughout the year, such as any particular individual income tax return together with payment receipt, evidence of receiving retirement pension, evidence of receiving interest from funds deposit, or evidence of having other funds issued by the relevant agency.

If needed here is the order in Thai. Immigration Bureau Order 138/2557

Many people have used their income from working to meet the financial requirements.

[Panwilai82]

I told then this but they insisted it has to come from overseas. Thanks for the advice. Will try again!

[Maestro]

If you get refused again, ask to talk to a superior official.

[connda]

Would it be worthwhile to lodge a complaint the the government via the 1111 telephone hotline?

[Boon Mee]

I have never been asked if the money in my account was was from overseas. Immigration just wanted to make sure that the funds were in 3 months before applying to renew the extension. 

 

That and a letter from the bank ? verifying said funds were indeed in the account. 

[alanrchase]

33 minutes ago, Boon Mee said:

I have never been asked if the money in my account was was from overseas. Immigration just wanted to make sure that the funds were in 3 months before applying to renew the extension. 

 

That and a letter from the bank ? verifying said funds were indeed in the account. 

 

Read his post. He is not using the money in the bank method he is using monthly income.

[meatboy]

25 minutes ago, alanrchase said:

 

Read his post. He is not using the money in the bank method he is using monthly income.

yes that's correct,but he still has to show the proof.

[pearciderman]

13 hours ago, Maestro said:

If you get refused again, ask to talk to a superior official.

 

I think you mean a "senior" official.

 

:-)

[ThaiLawOnline]

I did that for many years: using my Thai salary of 40,000 baht from Thailand to get my yearly extension based on (edited-marriage). Never had a problem but lots of documents are required.

 

Last 3 months social security, your last fiscal year must be paid of personal income tax, audit report for company, map of company, list of workers in the company, work permit, etc.

 

They recently added even more documents.

Check clause 2.18 here (Police order 327/2557)

==========

 

2.18 In the case of being a family member of a Thai national (applicable only to parents, spouse, children, adopted children, or spouse’s children): Each permission shall be granted for no more than one year.

 

1. Application form

2. Copy of applicant’s passport

3. Copy of documents proving relationship, such as a marriage certificate, a birth certificate, registration of child legitimization, household registration certificate, child adoption registration certificate, or other evidence from the government or relevant agency

4. Copy of evidence proving the Thai nationality of the spouse, parents, children, or adopted children, such as a national ID card, copy of household registration certificate, or other evidence issued by the government or relevant agency

 

5. Only for Criteria (5) paragraph 1 and (6), the applicant must attach a funds deposit certificate issued by a bank in Thailand and a copy of a bankbook, or attach documents proving that the parents or alien husband earns an average monthly income of no less than Baht 40,000 throughout the year, such as any particular individual income tax return together with payment receipt, evidence of receiving retirement pension, evidence of receiving interest from funds deposit, or evidence of having other funds issued by the relevant agency. An affidavit must also be submitted confirming the alien’s marital or parental status with a Thai national.

 

 

Edited October 4, 2017 by Isaanlawyers

[Mattd]

2 minutes ago, Isaanlawyers said:

I did that for many years: using my Thai salary of 40,000 baht from Thailand to get my yearly extension based on retirement.

Assume you mean based on Marriage?

[ThaiLawOnline]

Yes, marriage.

[Cranky]

If you are working here and paying tax you must have a work permit?  If so, why bother with a marriage visa?

[GarryP]

3 minutes ago, Cranky said:

If you are working here and paying tax you must have a work permit?  If so, why bother with a marriage visa?

I used the marriage visa avenue for about 22 years. I started doing it before they introduced the one stop service and the company I work for suggested that I continue extending based on marriage rather than work. I should not have listened to them as based on work is so much easier. The only difference is that if based on marriage, if you become unemployed you can stay until your extension expires, whereas based on work you have to leave the country in 1 or 2 days of your last day of employment.

 

Luckily all that is now behind me now. 

[ubonjoe]

3 minutes ago, Cranky said:

If you are working here and paying tax you must have a work permit?  If so, why bother with a marriage visa?

A work permit does not allow you to stay in the country. It still requires getting a multiple entry visa or an extension stay.

A extension of stay based upon working requires a lot more paperwork and in most cases has a higher salary requirement than the 40k baht needed for an extension of stay based upon marriage. Also an extension of stay based upon working ends on the date you lose your job whereas one based upon marriage does not.