E-VISA - AIRB&B

[sidleonard]

I will be applying for a non-immigrant O visa and would like to know if giving  an AirB&B booking is acceptable as proof of resident on the application. I think, but not sure, that as long as the owner files a TM30 form indicating that we are residing there, and we have a booking for at least 28 days it would be acceptable - or would it be best to consider staying only at a hotel, given the somewhat questionable legal status of booking at an AirB&B?

[DrJack54]

Just put the address of the accommodation that you plan to use in Thailand. 

The owner should file a TM30 when you arrive and you can use that for any dealings with immigration.

Do you plan to obtain a 12 month extension?

Is the non O based on retirement or marriage? 

Edited January 10, 2023 by DrJack54

[sandyf]

13 hours ago, sidleonard said:

given the somewhat questionable legal status of booking at an AirB&B?

There is no question over the legal status of AirBnB booking.

It is a myth put about by discontented condo owners. They take the view that if one barman was watering down the beer, then every bar must be breaking the law.

[Tropicalevo]

We manage a number of AirBnb properties and we always enter details on the TM 30 online reporting system.

When guests want to go to immigration for extensions or whatever, we give them a copy of the TM 30 report. It has always been accepted.

However, as always, things like this depend on the immigration officer on the day.

[skatewash]

50 minutes ago, Tropicalevo said:

We manage a number of AirBnb properties and we always enter details on the TM 30 online reporting system.

When guests want to go to immigration for extensions or whatever, we give them a copy of the TM 30 report. It has always been accepted.

However, as always, things like this depend on the immigration officer on the day.

Well, you are doing what you're supposed to do under the law and that is commendable.  You aren't putting your renters in an awkward situation; you're not the problem.

The problem arises in some AirBnb properties where the owner/manager claims ignorance of the law or refuses to do what they are legally required to do putting the renter in a very awkward position.  My recommendation is that a renter discuss with their potential landlord how they will file a TM-30 on their behalf and what evidence they will give the renter that it was successfully filed.  A landlord who doesn't know what that is or who is unwilling to fulfill their legal obligations shouldn't be your landlord.  Look for lodging elsewhere.

Edited January 10, 2023 by skatewash

[sidleonard]

DrJack54, 

It is my intention to apply for a non-immigrant O visa in Los Angeles and apply in Thailand annually for a one year extension based on marriage.  

 

Btw, based on your previous advice, I have decided to meet the financial requirement for a visa extension by opening a personal saving account at Bangkok Bank where my wife and I now have a joint savings account. I recall you suggested that I use the ฿400K in a personal account method vs the more complicated minimum ฿40/month, and you said that I could just transfer the ฿400K from our joint account into my personal account vs the necessity of transferring that amount (via WISE) from our Bank of America joint checking account to my personal saving account at Bangkok Bank; are you still certain that either transfer method would be acceptable to immigration?

 

Thanks for sharing your time and expertise.

 

[likerdup1]

I've been thinking of trying to get an O-A retirement visa from Los Angeles using the eVisa website.. Would really like to find out if you were successful. I've gone through it and some of the document requirements are a bit funny... for instance getting a "health certificate" .. what did you do for this? Would be very interested to find out if you were successful in getting the retirement O-A from Los Angeles while still in the states. thank you

[DrJack54]

3 hours ago, sidleonard said:

are you still certain that either transfer method would be acceptable to immigration?

For extensions to a non O based on retirement or marriage the funds do not need to shown to come from abroad using money in the bank method.

 

The "show funds came from abroad" is required for a non O retirement application made in Thailand.

Note not required for non O marriage application. 

[DrJack54]

2 hours ago, likerdup1 said:

I've been thinking of trying to get an O-A retirement visa from Los Angeles using the eVisa website.

Are you really sure that's it's a non O-A visa that you want. 

 

If you are looking to retire in Thailand then a non O retirement is better option and no insurance requirements.

 

As for health certificate that is not difficult and is discussed in this thread along with few folk suggesting non O-A is not such an attractive option for some.

 

 

Edited January 11, 2023 by DrJack54

[sandyf]

15 hours ago, skatewash said:

Well, you are doing what you're supposed to do under the law and that is commendable.  You aren't putting your renters in an awkward situation; you're not the problem.

The problem arises in some AirBnb properties where the owner/manager claims ignorance of the law or refuses to do what they are legally required to do putting the renter in a very awkward position.  My recommendation is that a renter discuss with their potential landlord how they will file a TM-30 on their behalf and what evidence they will give the renter that it was successfully filed.  A landlord who doesn't know what that is or who is unwilling to fulfill their legal obligations shouldn't be your landlord.  Look for lodging elsewhere.

Why should the behaviour of some landlords make AirBnB illegal,  an idea that many on this forum wish to promote.

Landlords have a legal obligation to AirBnB to abide by local legal requirements, not the renter. If there is a problem it is up to AirBnB to deal with it.

If renters are concerned about TM30 or any other legal issue they should request confirmation from AirBnb before making the booking. Renters have no grounds to challenge landlords, their agreement is with AirBnB. 

[skatewash]

8 minutes ago, sandyf said:

Why should the behaviour of some landlords make AirBnB illegal,  an idea that many on this forum wish to promote.

Landlords have a legal obligation to AirBnB to abide by local legal requirements, not the renter. If there is a problem it is up to AirBnB to deal with it.

If renters are concerned about TM30 or any other legal issue they should request confirmation from AirBnb before making the booking. Renters have no grounds to challenge landlords, their agreement is with AirBnB. 

Aren't AirBnB landlords who rent properties for periods less than one month supposed to have a proper hotel license under Thai law?  Isn't it against some condo rules for a landlord to rent rooms out for a period of less than a month?  How does AirBnb enforce these regulations?  If a landlord refuses to file a TM-30 on behalf of their tenant which is required by Thai law if the tenant is a foreigner, how does AirBnB enforce compliance?

[sandyf]

18 minutes ago, skatewash said:

Aren't AirBnB landlords who rent properties for periods less than one month supposed to have a proper hotel license under Thai law?  Isn't it against some condo rules for a landlord to rent rooms out for a period of less than a month?  How does AirBnb enforce these regulations?  If a landlord refuses to file a TM-30 on behalf of their tenant which is required by Thai law if the tenant is a foreigner, how does AirBnB enforce compliance?

"Aren't AirBnB landlords who rent properties for periods less than one month supposed to have a proper hotel license under Thai law? "

No - Nothing to do with the time, hotel license is based on number of rooms, I think 4.

 

"Isn't it against some condo rules for a landlord to rent rooms out for a period of less than a month? "

No - The court ruled that when it came to condos, the number of rooms in respect of the hotel licence requirement was to be taken as the total number of rooms in the facility. In other words the owner of one condo would require a license.

 

"How does AirBnb enforce these regulations? "

De-listing and legal action for breach of contract.

 

"If a landlord refuses to file a TM-30 on behalf of their tenant which is required by Thai law if the tenant is a foreigner, how does AirBnB enforce compliance?"

I am not going to go back over it but I seem to remember following the court case AirBnB made a statement to the effect that TM30s would be available at check in. I appreciate that when something goes wrong at check in it can be problematic. I had an issue checking in to a place in Vietnam and got the T shirt. At the end of the day the renter has a contract with AirBnB and they have an obligation to satisfy that contract.

[skatewash]

7 minutes ago, sandyf said:

"Isn't it against some condo rules for a landlord to rent rooms out for a period of less than a month? "

No - The court ruled that when it came to condos, the number of rooms in respect of the hotel licence requirement was to be taken as the total number of rooms in the facility. In other words the owner of one condo would require a license.

 

The above statement puzzles me.

[sandyf]

5 minutes ago, skatewash said:

The above statement puzzles me.

Why?. Google is quite friendly, look up the court case.