Foreign National Visa Based On Thai Wife

[michaelcallan123]

Hello All,

I'm grappling with the "rules" (vague or non-vague) of the 1 year visa for a foreign national married to a Thai for 7 years. (We have just returned to Thailand, on a multiple entry tourist visa, to settle after living abroad for 7 years). We've been looking at the Thai goverment web sites, the local (Hat Yai) immigration office & various forums and there seems to be different "interpretations" of exactly what's required. So maybe people out there could give us benefit of their experience!

I'm 47 years old. I do not work or operate a business here (hence don't have Thai-based income or income tax records) nor does my wife. We have/will have cash funds in a bank here. Also have income from my home country based on property rental (this is not certified (yet!) by my home country authorities).

Is the bank deposit best route to go?

Does whatever basis I get the visa this time apply into the future (for next year, year after, etc.)?

(I don't want to have to use the income route (with the hassle of getting acceptable certification) - especially it becomes the basis for future extensions. Who knows what our situation will be in 5 year's time?)

If it becomes too complicated I may just use the in/out 30 day visa run until I'm 50 and then go the Retirement Visa route. Does this 30 day visa run still work? (I heard something about restrictions on it having been introduced recently).

Any experiences/advice/stories very much appreciated. Thanks.

[lopburi3]

What do you have now? Tourist visas are issued in specific number of entries. Non immigrant O visa is issued in single or multi entry (and is what you should have if married to a Thai).

I hope your wife entered on a Thai passport so only you need the extension of stay? If not wife can easily obtain with her Thai ID card but should make sure to enter on Thai passport next trip (but she will have to exit with foreign passport to clear records).

Extension of stay requires a monthly family income of 40k. There is not alternative bank deposit available for you. So if you can not obtain Embassy certification of that income you will have to have wife set up business/employment at the 40k level and fund tax payments on that amount to obtain one year extensions of stay. After age 50 you can use the 65k monthly income or 800k in bank account or combination method.

Until you can meet extension of stay requirements the multi entry non immigrant O visa is your best option. It requires a quick trip out/back every 90 days but that is all.

The 30 day visa exempt entry is restricted to 90 days in a six month period and is not something you need to do as you can obtain non immigrant visa entry.

[Lite Beer]

Yes as said. Money in the bank is of no use.

You must show the income.

The Multi Entry Non Imm O Visa an be obtained in Singapore if you have 400,000 Baht in any bank.

[mijan24]

What do you have now? Tourist visas are issued in specific number of entries. Non immigrant O visa is issued in single or multi entry (and is what you should have if married to a Thai).

I hope your wife entered on a Thai passport so only you need the extension of stay? If not wife can easily obtain with her Thai ID card but should make sure to enter on Thai passport next trip (but she will have to exit with foreign passport to clear records).

Extension of stay requires a monthly family income of 40k. There is not alternative bank deposit available for you. So if you can not obtain Embassy certification of that income you will have to have wife set up business/employment at the 40k level and fund tax payments on that amount to obtain one year extensions of stay. After age 50 you can use the 65k monthly income or 800k in bank account or combination method.

Until you can meet extension of stay requirements the multi entry non immigrant O visa is your best option. It requires a quick trip out/back every 90 days but that is all.

The 30 day visa exempt entry is restricted to 90 days in a six month period and is not something you need to do as you can obtain non immigrant visa entry.

Lopburi3 - just looking to update my own knowledge about such things.

Has the [There is not alternative bank deposit available for you]. the 400,000 alternative been dropped? or have I misunderstood your post?

One further question - If tax is already paid in country of earnings (read Oz) does this negate having to pay tax in Thailand?

[lopburi3]

1. The rules changed in 2006. Only those grandfathered are still able to use the old 400k bank deposit method.

2. If you obtain Embassy certification of income local tax would/should not be required. Although if brought into Thailand in the year earned it would be subject to tax unless a tax treaty exempted it.

[michaelcallan123]

Thanks, lopburi3: My wife came back on her own Thai passport.

I came in on 4x90 Non-Im visa which I got in my home country consul on the basis of Thai wife.

Lite Beer: You mention going to Singapore and getting another 4x90 Non-Im visa on the basis of THB400K in a bank.

I came across an entry on another topic saying that you could keep going to the border to get another 30 day ordinary tourist visa for "as long as the immigration officials don't raise a query". It sounds a bit vague (what if they do object and you're not allowed back in!!)

My further questions:

1) Could I go to Malaysia for, say, a few weeks and apply for another 4x90 non-im O visa (I may have a friend in Malaysia whose address I can use)?? In other words can you apply for a 4x90 non-im O visa from ANY country or ONLY from your HOME country??

2) Is the 30 day tourist visa renewable indefinitely - at least "unofficially"? Is there anyone out there who uses that method? And, if so, could you tell me which border post you use?

Thanks to all.

[lopburi3]

I have never heard of any Consulate that issued a 4x90 non immigrant O visa. It is normally a single entry or a multi entry. The multi entry is valid for one year. If you exit/return on day 364 you get another 90 days - so good for almost 15 months of stay in Thailand.

1. Yes you can go to Penang or Kuala Lumpur and may be able to obtain a new multi entry - at the worst a single entry non immigrant O visa. You currently need marriage certificate, wife id card/home register copy and should have local bank account to show if asked. Some countries are easier than other but currently Malaysia is one of the best in the local area.

2. No. You can only stay 90 days using visa exempt entry during a six month period. This rule came into effect in 2006.

[Lite Beer]

Up to last week Singapore was the place to go, but now it appears that they are no longer issuing Multi Entries.

[astral]

Both the UK and Australia have friendly Thai consulates where you can get a one year multi-entry O visa

based on your marriage to a Thai.

Hopefully that will keep you going until you reach 50.

Then you can apply for a one year extension, based on retirement.

For that you will need 800K baht in a Thai bank, or

a pension income of 80K a month

Edit: 65k per month

Oops.

Astral

[CountryWA]

<br />Extension of stay requires a monthly family income of 40k. There is not alternative bank deposit available for you. So if you can not obtain Embassy certification of that income you will have to have wife set up business/employment at the 40k level and fund tax payments on that amount to obtain one year extensions of stay.

Pardon but I am not clear on "Extension of stay", would appreciate some clarification.

If my wife (Thai passport) obtains employment at a Thai company and earns 40k/mo, is it then possible for me to live in Thailand without having to leave every 90 days? She is a univ graduate, top grades, perfect English, and has a lot of work experience. I should think 40k is possible...

Unrelated topic, I have not kept up-to-date on visa rules and changes but I recall late 2006 some severe new rules when into effect. No doubt this was heavily discussed on ThaiVisa. Overall, did this have the effect of removing a lot of foreigners or did it just create more visa runs?

Thanks for any responses.

[Lite Beer]

<br />Extension of stay requires a monthly family income of 40k. There is not alternative bank deposit available for you. So if you can not obtain Embassy certification of that income you will have to have wife set up business/employment at the 40k level and fund tax payments on that amount to obtain one year extensions of stay.

Pardon but I am not clear on "Extension of stay", would appreciate some clarification.

If my wife (Thai passport) obtains employment at a Thai company and earns 40k/mo, is it then possible for me to live in Thailand without having to leave every 90 days? She is a univ graduate, top grades, perfect English, and has a lot of work experience. I should think 40k is possible...

Unrelated topic, I have not kept up-to-date on visa rules and changes but I recall late 2006 some severe new rules when into effect. No doubt this was heavily discussed on ThaiVisa. Overall, did this have the effect of removing a lot of foreigners or did it just create more visa runs?

Thanks for any responses.

If your Wife has Income Tax receipts on 40,000 Baht monthly income you can indeed stay without having to leave Thailand

[JimGant]

(I don't want to have to use the income route (with the hassle of getting acceptable certification) - especially it becomes the basis for future extensions. Who knows what our situation will be in 5 year's time?)

What "hassle of getting acceptable certification?" If you're a Yank or an Aussie, your word is your certification. Other countries have their own certification requirements, but none seem too strenuous from what I've read here. Are you British? If so, gross rental receipts -- not net -- are all you need to show (and a rental contract or cash flow into an account would probably suffice). And, gross receipts sure get you to the 40k/mo requirement a lot faster than net....

On the Thai end, it is rare that they ask for backup proof to your Embassy Certification statement.............

Can't meet the 40k/mo on your own? "Pay" your wife the difference, attested to by having her pay Thai income taxes. If I read the following link correctly, this would only be 2000 baht per year on 20k/mo (240,000/year)

Thai Personal Income Tax

If the tax return and Embassy Certification add up to 40k/mo, no more border runs.

And if the income route causes you concern, as you indicate, in 3 more years you can switch to the retirement extension route -- where proof of income is not a requirement (if you have 800k in a Thai bank).

[yeeowww]

thanks for the info everyone... all good advice.