Ext. Thru Marriage.....why Cant I Apply At My Local Immigration Office

[JustAnotherFarang]

Hi guys

I want to apply for an extension of my non immigrant "o' visa that I obtained by way of marriage in Singapore. My wifes job pays in excess of 40,000k per month and she has paid tax for the last 6 months and has all the relevant certificates etc. She pays tax through our accountant in BKK where the business is registered but we live in the South of Thailand

I rang the local immigration to enquire as to what I would need to bring along but they said that we cannot do the application where we live but that we would have to go to BKK (suwan Sun plu ?) because my wifes house registration is in BKK. I cannot understand why this is of any importance as we can prove that we live in the South and have been living here for night on 7 years. Have my local immigration office got it wrong ?

Cheers

JAF

[lopburi3]

'If your wife lives in Bangkok, and you do not live in Bangkok, the marriage is not real and an extension will not be issued.'

I suspect the above is how they may look at your request. It is very important in the extension of stay process to prove a real relationship. Did you ask about moving her name to the home register of your current (7 years) quarters?

[JustAnotherFarang]

'If your wife lives in Bangkok, and you do not live in Bangkok, the marriage is not real and an extension will not be issued.'

I suspect the above is how they may look at your request. It is very important in the extension of stay process to prove a real relationship. Did you ask about moving her name to the home register of your current (7 years) quarters?

No no, my wife and I are well known to the local immigration office. We live together in the south but her registration details are in Bangkok. The house we live in is rented. There is no reason for immigration to make the assumption that you have suggested.

I think itsthe local immigration office being a little slow and lazy

JAF

[lopburi3]

I am not saying "they" would make that assumption - but they answer to a higher level. And when Bangkok sees the required "home register" document show her living in Bangkok and the application says your living someplace else the local office could face questions. If you are well known why not sit down and talk with them and ask if there is another way to handle it.

[JustAnotherFarang]

I dont think my wife can apply for registration here as its only rented accomodation, is that right ? If its possible to change her house registration to our current rented address, what would that entail and how long would it take to be done ??

JAF

PS I think I will go and chat to the local immigration office but I think that maybe they have got their procedures confused and just wanted to check it out with you guys. All replies appreciated

[LivinginKata]

It's a very simple matter to change house papers, even in rented accomodation. Thais renting our homes do it all the time. They just take the original Tabian Ban (House registration book) to the local Tesiban office, show a copy of their current registration documents, and the name will be typed into the new (original) book on the spot. Might be a small fee, not sure.

Trouble is that many landlords will not offer the original book, even for a short time, as they worry that Tesiban catches on to them renting = have to pay property taxes. Also most Thais resist changing registrarion docs as they prefer to identify with their original family area. Took me years to get my wife to register at our Phuket address. Our tenants only change registration to get kids into local schools.

[JustAnotherFarang]

Hi guys

My wife has changed her house registration papers so now we can apply for the extension at the local immigration department. Today she visited them to enquire what it is that we need to bring, which was our marriage certificate, passport/id card, house registration etc etc etc. My wife told him that we would be applying on the basis of her receiving a taxable income of 40,000 bht per month (last 6 months taxes paid) but he said that Iwould also need 400,000 bht in the bank !!!

I thought it was a case of "or" not "and". Ihave a fair amount in my account but not 400,000 bhtbut I thought that my wifes income was enough o prove we can support ourselves..........

Am I right........ have the local duffers in the immigration got it all wrong.......... and if so, could some please tell me the exact rule and its location so that I can update our local duffers with the right information

Cheers

JAF

[lopburi3]

Do you have a non immigrant visa? The 400k may be required for change of status (old rules have not been updated) but should not be required for extension of stay if you have a non immigrant visa.

[LivinginKata]

Good, so your wife changed registration without trouble ....

I've studied the Phuket Immigration web site very very carefully, and it clearly states 2 clauses, one 40,000 baht month income, another 400,000 baht in bank for 3 months. Trouble is that there is no AND or OR clarification. Seems to me is that the general 'thought' is OR.

I don't risk it and show paperwork for both = never have extension rejected.

[JustAnotherFarang]

Yes I already have a non "O" visa which runs out in 8 days. I have read on the board countless times about the 400,000 clause but I always assumed that 40,000 bht per month was the alternative and it makes sense as well because you are paying tax. Asking for both is really stretching my limitations.

what are the numbers of the immigration offices that I need to speak to about this. I assume that my apllication would wind its way to BKK so maybe I can speak to them first for clarification.

I also would like a link that shows this particular rule.......if its in Thai then thats cool, maybe the English translation is not clear enough if it does not suggest "and" or "or" with the written regulation. I want to put forward my case to the local immigration office too with the right rule in hand

Cheers guys, appreciate your advice and help

JAF

[prodriver]

Do you have a non immigrant visa? The 400k may be required for change of status (old rules have not been updated) but should not be required for extension of stay if you have a non immigrant visa.

"Lopburi3" please refer to JAF's OP where he states that he wishes to extend his non-immigrant "O" visa.

I must admit that like JAP, I too thought it was an either/or thing . That is of course if he comes under the old requirements of showing 400,000 baht in the bank. I appreciate that any newcomers only have the 40K income per month option. Still, I know that you are far more experienced than I am on these matters so I watch with interest your replies.

[JustAnotherFarang]

I appreciate that any newcomers only have the 40K income per month option. Still, I know that you are far more experienced than I am on these matters so I watch with interest your replies.

I think I would much prefer the 40k per month option myself. Having 400,000 bht sitting in the bank doing nothing seems stupid when I want to invest in things.

JAF

[lopburi3]

Sunbelt Translation of Police Order 606/2006:

(6) In case of the applicant who is

married to a Thai wife, one of them

or both of them need to have the

total annual income that is

averaged out not less than 40,000

Baht per month

Official Immigrantion Translation:

(6) In the case of an alien married

to a Thai woman, any party or

both must have a total income

of not less than Baht 40,000 per

month

Link to Official Thai text of Police Order 606/2006

[lopburi3]

There is no option to use 400k for new applicants so it should not even be mentioned - the only thing 400k can be used for is those grandfathered and probably to obtain a change of visa.

I would politely ask that the officer check at a higher level.

[Lite Beer]

Police Order 606/2549 English version.

[Lite Beer]

There is no option to use 400k for new applicants so it should not even be mentioned - the only thing 400k can be used for is those grandfathered and probably to obtain a change of visa.

I would politely ask that the officer check at a higher level.

If that does not work then try somewhere else. A bit of a pain I know, but what else can you do.

[JustAnotherFarang]

Sunbelt Translation of Police Order 606/2006:

(6) In case of the applicant who is

married to a Thai wife, one of them

or both of them need to have the

total annual income that is

averaged out not less than 40,000

Baht per month

Official Immigrantion Translation:

(6) In the case of an alien married

to a Thai woman, any party or

both must have a total income

of not less than Baht 40,000 per

month

Link to Official Thai text of Police Order 606/2006

Cheers Lopburi.............Still doesn't answer the "and" "or" question.

What I cannot understand is that new applicants must only show income of 40,000bht per month....which is taxed of course. But lucky old me, I am grandfathered on some stupid rule, because I already have an multi "o" based on marriage, that suggests I should have a taxable income of 40,000 bht per month and 400,000 bht in the bank as well.

Ridiculous

JAF

[Lite Beer]

If you are Grandfathered the law says you must have 40,000 Baht monthly income.

If you do not have this income then you must have 400,000 Baht in a Thai bank.

Not both.

From what you say , you do not appeared to be Grandfathered anyway. So the law is 40,000 Baht monthly income. The 400,000 does not come into play.

Edited January 29, 2008 by Lite Beer

[Maestro]

JAF, the “or” clause, or more precisely the “unless” or “except” clause, is in paragraph 7.17, clause (6) of the Royal Thai Police Order No. 606/2514, which you can find here:

Thai original text:

(๖) กรณีสมรสกับหญิงไทย ฝ่ายใดฝ่าย หนึ่ง หรือทั้งสองฝ่ายรวมกันต้องมีรายได้ เฉลี่ยทั้งปี ไม่น้อยกว่าเดือนละ ๔๐,๐๐๐ บาท เว้นแต่คนต่างด้าวนั้น ได้เดินทาง เข้ามาในราชอาณาจักรก่อนที่คำสั่งนี้ มีผลใช้บังคับ และได้รับอนุญาตให้อยู่ใน ราชอาณาจักรกรณีสมรสกับหญิงไทย ต่อเนื่องตลอดมา หากไม่มีรายได้ตามที่ กำหนดข้างต้น ก็ต้องมีเงินฝากธนาคาร ในประเทศไทย ในนามคนหนึ่งคนใดหรือ ทั้งสองคน ไม่น้อยกว่า ๔๐๐,๐๐๐ บาท โดยแสดงบัญชีเงินฝากย้อนหลัง ๓ เดือน

English translation by Immigration Bureau:

(6) In the case of an alien married to a Thai woman, any party or both must have a total income of not less than Baht 40,000 per month, except for aliens who entered the Kingdom before this Order came into force and granted a permit to stay in the Kingdom. If the alien does not have the minimum income above, he shall have an account deposit in Thailand in the name of either party or both of not less than Baht 400,000. Proof of account deposit for the previous 3 months is required.

English translation by Sunbelt:

(6) In case of the applicant who is married to a Thai wife, one of them or both of them need to have the total annual income that is averaged out not less than 40,000 Baht per month. Except for the case that the said foreign national has entered Thailand before this Order is enforced and the foreign national has been permitted to stay in the Kingdom by the result of having married to a Thai wife, then if the applicant does not have the said income, then, the latest 3 months records of the account book of any Bank in Thailand with the account name of either or both parties need to have the amount of money not less than 400,000 Baht.

--

Maestro

[sbk]

Do you have a non immigrant visa? The 400k may be required for change of status (old rules have not been updated) but should not be required for extension of stay if you have a non immigrant visa.

"Lopburi3" please refer to JAF's OP where he states that he wishes to extend his non-immigrant "O" visa.

Its in the title of the thread

[lopburi3]

The key is "except for aliens who entered the Kingdom before this Order came into force and granted a permit to stay in the Kingdom." Nothing below that paragraph has any application for this poster

[JustAnotherFarang]

The key is "except for aliens who entered the Kingdom before this Order came into force and granted a permit to stay in the Kingdom." Nothing below that paragraph has any application for this poster

Well actually I obtained my first non "O" in November 2006 which was after this particular law was passed somaybe I was never grandfathered and these rules are applicable to me.

After talking with the local immigration and explaininig the rules as we read them, thanks to the poster for the links, he, the local duffer, has agreed to process my application using the 40,000 bht per month income requirement.

hope all goes well

JAF

[lopburi3]

That is the point - you were not grandfathered so everything about 400k does not apply to you. You only have/had the option to use 40k family income. Glad it has, at last, gotten on track.

[JustAnotherFarang]

That is the point - you were not grandfathered so everything about 400k does not apply to you. You only have/had the option to use 40k family income. Glad it has, at last, gotten on track.

Glad you cleared that up for me lopburi.......... any chance you can give the local immigration a ring and smooth the way there for me as well...... it was they who told me Ihad to have 400,000 and 40,000 bht per month

Methinks they where trying to make it difficult and then look for a little tea money........

JAF

[TerryLH]

"What I cannot understand is that new applicants must only show income of 40,000bht per month....which is taxed of course."

A small clarification, if I might. The income can be from abroad, which would normally mean it's not taxed.

[JustAnotherFarang]

"What I cannot understand is that new applicants must only show income of 40,000bht per month....which is taxed of course."

A small clarification, if I might. The income can be from abroad, which would normally mean it's not taxed.

Dont wish to be pedantic, but if it is income from abroad.......... then it has been taxed, albeit by your own government. Hope that clarifies my original statement

JAF

Edited January 29, 2008 by JustAnotherFarang

[prodriver]

"What I cannot understand is that new applicants must only show income of 40,000bht per month....which is taxed of course." A small clarification, if I might. The income can be from abroad, which would normally mean it's not taxed.

Dont wish to be pedantic, but if it is income from abroad.......... then it has been taxed, albeit by your own government. Hope that clarifies my original statement JAF

I get income from off-shore investments and that ain't taxed!

[lopburi3]

And you list them out for your Embassy to jot down so they can issue you a paper of income?

Some countries that will be OK. Others it might come back to bite.

[Projectpaperclip]

What sort of papers are necessary to show the 40,000 baht monthly income?

My income comes into my bank accounts in the United States and then I either transfer it over here in big chunks or use the ATM.

Thanks.

[lopburi3]

As said above - a paper from your Embassy of your income when it is not local income. There could be further paperwork asked for by immigration but the Embassy paper is the most important item.