Marriage Visa Grandfathering Rule Only Until October 2007?

[Sunny Valentine]

Went to Pattaya Immigration today to extend my Visa (married with a Thai, O Extension since 2005). As I have a Work Permit now, my lawyer prepared the way to extend based on Work Income (50000 for me, plus 7000 for wife). Seems they have changed the rules again, as the application was turned down on the base that I started working only 4 month ago, and could produce 4 month of tax payment. They wanted to see a record of 1 Year tax payment. As there was not enough time left for my lawyer to prepare the missing documents and pay the tax for the Year in advance, we took the Bank Book approach. Had a Bank Book in my name with 450000 Baht, got the bank letter, and I reapplied. This time it was accepted, and according to both my lawyer and wife the Interview and documentation looked good, so I might get the extension (hopefully).

But I have been pointed to a sheet of paper in Thaiglish on the officer's desk, where it mentioned (sorry, was really bad Thaiglish, and I can't remember the exact wording) that the grandfathering rule will be available only until October this Year, after that only income???

Was also quite surprised that the (highr ranking) lady that did the Interview told me I can apply for retirment with 800000 in the bank next year and still keep my work permit???

New rule of the day? Or are they all clueless?

Sunny

[Lite Beer]

They really do seem to be pushing everyone elligable towards the retirement route as it means a lot less work for them. When I went last week he said You do retirement, more easy. Money in fixed account. No problem. Not in bank for 3 months. No problem. Went back a few days later , in and out in 30 minutes. No problem.

[Maestro]

But I have been pointed to a sheet of paper in Thaiglish on the officer's desk, where it mentioned (sorry, was really bad Thaiglish, and I can't remember the exact wording) that the grandfathering rule will be available only until October this Year, after that only income???

I suspect this was not with reference to the so-called “grandfather” rule, but to to the transitory provision of Police Order 606/2006 (see pinned topic “Thai Immigration Laws..."):

Transitory Provisions

13. If an alien who has entered Thailand before this Order came into force and has been

continuously granted temporary stay is found to lack the qualifications as prescribed in this

Order, the Commissioner of the Immigration Bureau or competent official shall consider

and decide on the particular case based on the prevailing reasons and circumstances within 1

year from the effective date hereof.

.

...extend my Visa (married with a Thai, O Extension since 2005). As I have a Work Permit now, my lawyer prepared the way to extend based on Work Income (50000 for me, plus 7000 for wife).

I guess you see an advantage in changing your annual extension from “live with Thai wife” to “employment” but please be aware that once you make this change you cannot go back to the marriage extension with 400k in the bank, i.e. you lose your grandfathering option.

--

Maestro

[Sunny Valentine]

But I have been pointed to a sheet of paper in Thaiglish on the officer's desk, where it mentioned (sorry, was really bad Thaiglish, and I can't remember the exact wording) that the grandfathering rule will be available only until October this Year, after that only income???

I suspect this was not with reference to the so-called “grandfather” rule, but to to the transitory provision of Police Order 606/2006 (see pinned topic “Thai Immigration Laws..."):

Again, was really bad English, so your guess is as good as mine ..... But isn't this grandfathering stated somewhere else in the new regulations? And why would they point to it especially in the marriage cases?

(Ok, looking for a reason in Thai bureaucrazy isn't considered a valid approach, point taken.)

Transitory Provisions

13. If an alien who has entered Thailand before this Order came into force and has been

continuously granted temporary stay is found to lack the qualifications as prescribed in this

Order, the Commissioner of the Immigration Bureau or competent official shall consider

and decide on the particular case based on the prevailing reasons and circumstances within 1

year from the effective date hereof.

.

...extend my Visa (married with a Thai, O Extension since 2005). As I have a Work Permit now, my lawyer prepared the way to extend based on Work Income (50000 for me, plus 7000 for wife).

I guess you see an advantage in changing your annual extension from “live with Thai wife” to “employment” but please be aware that once you make this change you cannot go back to the marriage extension with 400k in the bank, i.e. you lose your grandfathering option.

I was applying based on Thai wife and income originally. It was rather by chance that I have the requested 400000 in Bank now, did not look too good for that until 2 or 3 weeks ago. My understanding (this has been confirmed by Sunbelt earlier on another thread) was and is, that as being grandfathered I could revert to Bank book at a later stage, as I still apply for extension based on marriage. Extension based on business isn't possible for me this time, as the company did not make the necessary revenue in the first Year (which was only 5 or 6 month of doing business ....)

--

Maestro

Edited February 22, 2007 by Sunny Valentine

[soundman]

But I have been pointed to a sheet of paper in Thaiglish on the officer's desk, where it mentioned (sorry, was really bad Thaiglish, and I can't remember the exact wording) that the grandfathering rule will be available only until October this Year, after that only income???

I suspect this was not with reference to the so-called “grandfather” rule, but to to the transitory provision of Police Order 606/2006 (see pinned topic “Thai Immigration Laws..."):

Again, was really bad English, so your guess is as good as mine ..... But isn't this grandfathering stated somewhere else in the new regulations? And why would they point to it especially in the marriage cases?

(Ok, looking for a reason in Thai bureaucrazy isn't considered a valid approach, point taken.)

Transitory Provisions

13. If an alien who has entered Thailand before this Order came into force and has been

continuously granted temporary stay is found to lack the qualifications as prescribed in this

Order, the Commissioner of the Immigration Bureau or competent official shall consider

and decide on the particular case based on the prevailing reasons and circumstances within 1

year from the effective date hereof.

.

...extend my Visa (married with a Thai, O Extension since 2005). As I have a Work Permit now, my lawyer prepared the way to extend based on Work Income (50000 for me, plus 7000 for wife).

I guess you see an advantage in changing your annual extension from “live with Thai wife” to “employment” but please be aware that once you make this change you cannot go back to the marriage extension with 400k in the bank, i.e. you lose your grandfathering option.

I was applying based on Thai wife and income originally. It was rather by chance that I have the requested 400000 in Bank now, did not look too good for that until 2 or 3 weeks ago. My understanding (this has been confirmed by Sunbelt earlier on another thread) was and is, that as being grandfathered I could revert to Bank book at a later stage, as I still apply for extension based on marriage. Extension based on business isn't possible for me this time, as the company did not make the necessary revenue in the first Year (which was only 5 or 6 month of doing business ....)

--

Maestro

May I ask if your 400K was in the bank for 3 months? If it wasn't - did the immigration people ask any questions? I only ask cos I'll be applying for 1 year extension in april, & putting the 400k in the day before. (I am grandfathered..)

Cheers,

Soundman.

[Lite Beer]

The rule says 3 months. Why push your luck.

Good luck anyway.

[Sunny Valentine]

May I ask if your 400K was in the bank for 3 months? If it wasn't - did the immigration people ask any questions? I only ask cos I'll be applying for 1 year extension in april, & putting the 400k in the day before. (I am grandfathered..)

No, it just came some ten days ago. They were mentioning it, I told them I did not know about this, and also, whats the fuzz, last year I had to keep it in the bank for 4 month until I was approved, so I told them no problem money can stay 3 month now. "But we have new regulation!" she said. I said, I learned about it two weeks ago when I talked the details of my extension over with the lawyer. I also suggested they could print a little paper with these news and give to all who come for the 90 day reports. (I did not nose her, my speech was humble and with respect ....). In all honesty, all these rules are published in such a amateurish way they cannot expect anyone to know them until they apply.

Sunny

[Fred Sanford]

Nothing surprises me anymore

[Maestro]

But isn't this grandfathering stated somewhere else in the new regulations?

The “grandfather” clause is part of 7.17(6) [marriage] and 7.21 [retirement] of National Police Order 606/2006.

It is not mentioned but I understand at present nevertheless tacitly applied to unmarried fathers who previously had an annual extension for supporting a Thai child, and for persons who had an extension based on investment.

--

Maestro