40k Or 400k Spouse Renewal

[bkkexplorer]

I've been reading through the threads and have not got the answer I'm looking for although I'm sure it's here. Anyways, I'd like a simple answer to a simple question from one of you visa gurus.

If i had entered the kingdom before 2006 on a spouse visa (400k) and then changed it to the 40/mth after I was employed, can i now go back to the 400k option as I'm no longer employed. I've had this visa continuously for 4 years now. I know I could continue the 400k option if i didn't change it. But i have, and would like to know if I can go back to it?

Also, I'd appreciate to hear from people who have actually done it,.. if it's possible that is.

Thanks a million.

[jdinasia]

I do not think there is still a 400k option

[Lite Beer]

I think it is possible. But it might depend on where you apply

I was on the 400,000 option and was pushed into the retirement 800,000 method.

I managed to go back to the 400,000 option at Korat Office.

So yes I think you can do it.

This is the official police rule. Read it carefully and it says you can do it.

(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 nameof either party or both of not

less than Baht 400,000. Proof

of account deposit for the

previous 3 months is required

[digitalchromakey]

I think it is possible. But it might depend on where you apply

I was on the 400,000 option and was pushed into the retirement 800,000 method.

I managed to go back to the 400,000 option at Korat Office.

So yes I think you can do it.

This is the official police rule. Read it carefully and it says you can do it.

(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 nameof either party or both of not

less than Baht 400,000. Proof of account deposit for the previous 3 months is required

No personal experience, but this is Sunbelt's translation of the same (7.17(6)) It is reputed to be a better translation and it seems to more clearly say you can.

(6) In case of the applicant who ismarried 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.</SPAN>

[Lite Beer]

Yes. Go for it.

[Maestro]

I agree, go for it. I remember very clearly that Sunbelt posted that it is possible to revert to the 400k basis. In the end it may depend on the immigration office where you apply but it seems very clear that the rules allow it.

Best wishes, and please come back and post how it went for you.

--

Maestro

[bkkexplorer]

I have just come back from immigration and have learned that i cannot go back to the 400k option. This was somewhat unclear as the officer i was dealing with thought it could be done but had to check with the chief officer in charge. This chief is relatively new there and anything questionable goes through her. The wife also spoke to her but she wouldn't budge. Her reasoning was that I shouldn't have changed to the 40k option and that i should know the law. This is ridiculous as I had switched to the 40k option before this law came into effect. How the &lt;deleted&gt; would I know. Personally, I think this is a very unfair. I have enough cash to meet the requirements and in my view did everything accordingly.

In the end, i left with a 60 day guarantor visa signed by my wife. I've yet to decide what to do next.

[ubonjoe]

How about another office. Thats what I would do and go armed with print out of rule. Thai and english.

[bkkexplorer]

How about another office. Thats what I would do and go armed with print out of rule. Thai and english.

I went to the one in suan plu. Is there a list of other offices in bkk that can handle this.

[Lite Beer]

That is tough as I am sure that it can be done.

[Mario2008]

You went to the right office and since you now have a different visa I don't think other immigration offices will overrule Suan Plu's decision.

There is the possibilty of submitting your case to the commisioner of the immigration bureau. If that is wise, I can't tell you. Someone with more knowledge and expeirence them me might be able to tell you that. It is a last resort option and in case you make use of it I would make use of a good law office with the needed contacts.

[ubonjoe]

You might think about enlisting Sunbelts help. Good info at the end of this topic. They help him get the 7.17(5) no money rule extension.

http://www.thaivisa.com/forum/Wife-Kids-Ca...al-t216724.html

You have 60 days to try again.

[tommyj4]

4 years...so uninterupted for over 3....why not go for the residency....

[venturalaw]

I have a question regarding Chapter 2 - Granting of Permission to Stay.

Am I correct in understanding that paragraph 7.18 wherein, for instance, a westerner holding a non-immigrant O visa and is up for the one year renewal and, whose Thai national wife owns a home, is exempt from having to prove the financial requirements under 7.17 (40,000 baht per month average, or 400,000 baht in an account(s) 3 months prior to submitting the application for the one year extension)?

[Lite Beer]

I have a question regarding Chapter 2 - Granting of Permission to Stay.

Am I correct in understanding that paragraph 7.18 wherein, for instance, a westerner holding a non-immigrant O visa and is up for the one year renewal and, whose Thai national wife owns a home, is exempt from having to prove the financial requirements under 7.17 (40,000 baht per month average, or 400,000 baht in an account(s) 3 months prior to submitting the application for the one year extension)?

Sorry but you are not correct.

7.18 deals with family members of Permanent Residence Holders.

[Mario2008]

4 years...so uninterupted for over 3....why not go for the residency....

He is no longer employed, so he doesn't pay taxes and doesn't qualify for residency. Also he now no longer is on yearly extensions. (Unless he apllied early and his permission to stay based on marriage hasn't expired yet. Then he might be able to apply and given extenions of stay will the applicaiton is under considereation, which would give him time to find a new job).

[K2K]

4 years...so uninterupted for over 3....why not go for the residency....

The clock would re-set as he now as a 60 day consideration - not having filed for residency while he was under yearly extension (and paying tax).

This is what I feared would be the case for anyone switching from the grandfathered option to the 40k - then trying to go back. Seems that clock is re-set once you use a newer rule - best to stick to older (gernerally) more favorable regime and remain on that as at least up to now they have honoured those remaining on that regime.

[bkkexplorer]

I did bring up the issue of residency and and was assured that I'd still be eligible to apply for it under the present conditions. How true it is I can't say as I'd only believe when it happens. Unfortunately, this is not part of my plans at the moment (was thinking next year) but might give deeper thought to it.

I also called sunbelt for their advise on the initial inquiry and was told that I'm not entitled to the 400k route.