New Regulations For Extensions Of Non-immigrant Visas

[mrmillersr]

Update:

Today I applied for a 1 year extension based on income of my wife in the local immigration office. They understood that I could not know about the new law 60 days ago, so they understood I didn't have 400K on the bank (during 60 days). They said this would be the last time I could apply based on my wife's income.

I think 400K in an account, during 60 days is much better than the system based on income.

I am under consideration now until Feb 16. I'll let you know about the result.

Well done.

So it looks as if it is going to be a one time only Grandfather clause.

You will be ok in a months time.

Doubt if that is a one time grandfather clause he got.

Last week I renewed my O marriage visa. Every year just before renewal, I top off the required amount since it goes below 400k as I use the funds during the year.

This time because I didn't have the 400k in the account a full 60 days prior, I only got a 2 months extension. This is so they can review my bank account in 2 months to make sure that there has been at least 400k in there for 60 days.

So now I have to go back in two months, fill-out more forms, make more copies, get and pay for another bank statement, wait possibly two plus hours and pay another 1900 baht.

What ticks me off is they pass these inane new regulations knowing fully well there are a number of expats who will have no way to comply in time before their renewal dates. If immigration operated in a just and fair manner, they would simply inform the person that next year when they renew they must have the required funds in their bank account 60 days prior to the renewal date.

Wait a minute What am I thinking? That would require being fair and sensible and being able to use common sense. Forgot for a moment that I was in Thailand.

[Maestro]

…Last week I renewed my O marriage visa. Every year just before renewal, I top off the required amount since it goes below 400k as I use the funds during the year.

This time because I didn't have the 400k in the account a full 60 days prior, I only got a 2 months extension. This is so they can review my bank account in 2 months to make sure that there has been at least 400k in there for 60 days.

So now I have to go back in two months, fill-out more forms, make more copies, get and pay for another bank statement, wait possibly two plus hours and pay another 1900 baht…

Are you sure that in two months you will have to make a new application and pay the fee again? What does the stamp say? As you know from experience, the marriage extension always needs two visits to immigration. First visit you apply, submit your documents, pay the fee and get an “under consideration” stamp. Second visit you receive the extension without any additional payment or forms to submit.

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Maestro

[mrmillersr]

…Last week I renewed my O marriage visa. Every year just before renewal, I top off the required amount since it goes below 400k as I use the funds during the year.

This time because I didn't have the 400k in the account a full 60 days prior, I only got a 2 months extension. This is so they can review my bank account in 2 months to make sure that there has been at least 400k in there for 60 days.

So now I have to go back in two months, fill-out more forms, make more copies, get and pay for another bank statement, wait possibly two plus hours and pay another 1900 baht…

Are you sure that in two months you will have to make a new application and pay the fee again? What does the stamp say? As you know from experience, the marriage extension always needs two visits to immigration. First visit you apply, submit your documents, pay the fee and get an “under consideration” stamp. Second visit you receive the extension without any additional payment or forms to submit.

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Maestro

100% sure. I asked the question several times to the interviewer who then wrote down 1900 baht today - 1900 baht again in February. Though I would liked to press the issue, I have been here long enough to know it would have been no use and would have just gotten me more frustrated than I already was.

I really am getting fed up with the powers-to-be who make up the regulations. They have no consideration for hardships that are caused, think nothing of making changes like this when there is no time to comply before getting hit with penalties, and think it is alright with staff to keep you waiting hours to complete something that should and could be done in a matter of minutes.

Like a couple of other posters, I am seriously thinking the time has come to look for greener pastures. Other than being a cheap place to live, there isn't that much I'd miss about this place come to think about it.

[Maestro]

They are crazy in Chingmai

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Maestro

[Mosha]

I went to do my 90 day report the other day. My wife asked what would I need when I renew my extension? The lady told her either 400,000. Or proof that in the previous 2 months 40,000 baht was seen to be left in the account, after my withdrawals.

Edited December 19, 2008 by Mosha

[uncletom]

Shouldn't it be a total of 40,000 baht total? I don't think it is 40,000 baht on hand but 40,000 baht income is it not? Or are they bending the rules for their pleasure?

Uncletom

[Mobi]

Excuse me if this has already been discussed, but there is a news report in the local Pattaya paper to the effect that there is no longer a 6 month limit on 15 day land border VOA's aor on the airport 30 day VOA's. According to the report, this restriction has now been removed and there is no limit to the number of VOA's you can have.

I will post the news item when it is put on line.

Anyone else heard about this?

[ubonjoe]

There is a very long topic on this already.

Note it is not a VOA it is a visa exempt entry. A visa on arrival is somthing completly different.

[Maestro]

I went to do my 90 day report the other day. My wife asked what would I need when I renew my extension? The lady told her either 400,000. Or proof that in the previous 2 months 40,000 baht was seen to be left in the account, after my withdrawals.

The part about “proof that in the previous 2 months 40,000 baht was seen to be left in the account” must have been a misunderstanding or wrong translation. The financial requirement is average monthly income of minimum 40k or 400k in the bank account for at least two months before application. See paragraph 2.18 of Police Order 777/2551.

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Maestro

[lodesafun]

The financial requirements of the new rules dated 25 NOV 2008 are basically the same as the rules valid before 1 OCT 2006.

The new rules should change nothing in the timeline for the application. You mention wife and child first and then ask about the timeline for the parent application (extension to live with Thai child). Now that the financial requirements for the parent extension are the same as for the marriage application it is probably better to use the marriage extension, which is more routine and generally preferred by immigration officers.

There is nothing in the rules about how long the immigration office take can take to approve an application. Upcountry offices have to send the application to Bangkok.

The standard for the marriage extension is that when you apply your passport gets a stamp saying that your application is under consideration and that you must report to the immigration office again in 30 days. With few exceptions, applicants then get the extension on the second visit after these 30 days.

For the parent extension it should in principle be the same but there have been few reports about this type of extension.

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Maestro

//Edit: Apologies. By mistake I clicked on edit instead of reply when I posted the above. Sorry. Unfortunately, the text posted by Loadsafun is now irretrievably lost.

Edited December 19, 2008 by Maestro
Added aplogy

[Basch]

Does anyone here know if it changes the situation or improves the chances to get another 1-year extension based on the wife's salary if the wife's salary is around 300.000 THB per month(which is obviously more than enough for 2 people)? I am getting close to the date where I would have to put 400K into my bank in case they dun allow the 40K/month anymore and dun wanna take any risks.

Basch

Edited December 21, 2008 by Basch

[Maestro]

The new rule contains this text:

In other necessary circumstances, the Immigration Commissioner or Deputy of Immigration Commissioner may approve on case to case basis.

So in your example it depends whether the officer handling your application considers that you are a special case that deserves to be submitted to the Commissioner for a decision. If you don’t want to take the risk of a refusal, you can have your wife deposit money into your bank account to bring the balance to minimum 400k.

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Maestro

[tijnebijn]

The new rule contains this text:

In other necessary circumstances, the Immigration Commissioner or Deputy of Immigration Commissioner may approve on case to case basis.

So in your example it depends whether the officer handling your application considers that you are a special case that deserves to be submitted to the Commissioner for a decision. If you don’t want to take the risk of a refusal, you can have your wife deposit money into your bank account to bring the balance to minimum 400k.

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Maestro

In the past I had an extension ( 6 years ago ) based on 200k on the bank account ( that year they changed it to 400k ) ,

in a joint bank account . Is that still possible ?

I do remember it should be on a single account in that time as well , perhaps in depends at what immigration

you try to extend in this matter .

So the money does not have to come from abroad ?

If that really is the case I will just keep as many money as possible from all acounts and it should be enough .

All this scenario ofcourse if they do not extend on the 40k the wifes income with children , then I will pop out

the bank book in case after they will refuse it , still not clear this matter .

Hope some clear reports on this will come in pretty soon .

[Maestro]

There is absolutely nothing in the rules to indicate that the money in the bank has to come from abroad, nor that immigration officers can impose requirements in addition to those stated in the rules. If an officer were to ask for proof of foreign source he would, in my opinion, be abusing his authority.

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Maestro

[venturalaw]

Has extension of stay based on 40,000B per month "family" income been changed to 40,000B "husband only" income? (2:18 - 6.)

It reads that way...........

unless you have children, then it is 40Kbaht income for either parent.

If this is correct it is bound to affect some families.

Is it a different figure if you have a child with your Thai wife? If so, what is it?

[Mario2008]

It is the same income requirement. 40,000 baht a month or 400,000 at a Thai Bank account.

http://www.thaivisa.com/forum/post-a70477-.html point 2.18.

[tijnebijn]

Still no clear anwers or reports to date yet , that when already on extension ,

the 40k from either side ( so in my case my wifes ) when having children , is still

alright to make my next extension ......

Clear when not having chidren it must all come from the husbands side .

I might be able to get 400k together , but just not when I need the amount to be on the account 2 months

prior of the application ....

If no clear answers in the next few months , just give it a try , anf if not switch back to multiple non -O 's ,

and probably in the mean time the rules are switched back again to the old ones like they did

with the 400k and those borderruns restrictions .

Wonder when I'm 80 years old and still alive having to wonder you can make the next meet of changes ,

and or if the memory still understands you are actually a farang living in Thailand for almost 60 years by then ....

rediculous scenario but quite possible , better play the old fart with overstay and lost memory by then ...

Edited December 29, 2008 by tijnebijn

[Mario2008]

Not sure what you mean with you will give it a try. Remember that for the period till 25 november 2009 immigration has the discretion to apply the old rules when you ask for an extension and take your wives income into consideration.

[tijnebijn]

Not sure what you mean with you will give it a try. Remember that for the period till 25 november 2009 immigration has the discretion to apply the old rules when you ask for an extension and take your wives income into consideration.

I will give it a try to ask for an extension based on my wifes income .

I'm still not sure how to interpretate in the new regulations that when having children the option of either

the husbands or wifes income combined or either side is still available .

How we read it it hasn't changed , but how most assume how to read the script it likely is , but still possible for consideration

I understand.

Anyway the 400k is fine by me , but not on such a close call , guess have a good chance they will give the extension and

if the option of wifes income while having children is no longer possible , they will probably say next time 400k , which gives

me enough time to take some cash I can keep untouched for this purpose .

[ubonjoe]

I'm still not sure how to interpretate in the new regulations that when having children the option of either

the husbands or wifes income combined or either side is still available .

(5) in the clause has been interpreted as meaning a single forign parent. If you go back through this topic I think you will find that discusion or in the topic covering single fathers.

You should be able get your extension this coming year using you wifes income, After that it will you or 400K in the bank. Also to use the 400K option it needs to be in bank 60 days.

[tijnebijn]

I'm still not sure how to interpretate in the new regulations that when having children the option of either

the husbands or wifes income combined or either side is still available .

(5) in the clause has been interpreted as meaning a single forign parent. If you go back through this topic I think you will find that discusion or in the topic covering single fathers.

You should be able get your extension this coming year using you wifes income, After that it will you or 400K in the bank. Also to use the 400K option it needs to be in bank 60 days.

I was myself in that discussion , and in that clause there were statements for

single parents , married , and married with children , which could be interpreted in 2 ways .

Maybe I'm missing something , but because of that small but BIG difference how to interpreted it

makes a bif difference for people having so . I am mostly waiting for reports of confirmation from

people in the same situation to tell how it really is .

Not that I do not believe the interpretation and translation given in English , but in the past my experience is

that some information given turned out to be different , thats why a report at various offices would close this case

and second the interpretation given right now .

We got to be sure what we are doing and saying right ?

[ubonjoe]

Look at this post and the ones just before and after.

http://www.thaivisa.com/forum/index.php?s=...t&p=2395972

Remember you have this clause that may help in your case.

6. If an alien who has entered Thailand before this order came into force and has been continuously granted temporary stay as clause 2.18(6), in case the marriage with Thai lady, 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.

Good Luck

[creck]

So what is it exactly for married men? 40.000 per month or 400.000 in bank account?

Yes. 40,000 monthly income or 400,000 Baht in a Thai Bank for 2 months before you apply.

Thanks, seems the 400K route would be more convenient.

I am a Brit with a Thai wife; I have extended my non imm "O" visa before both with employment in Thailand and with 400k in the bank. One new rule from the office in Bangkok caught me out this time. My 400k was in a joint account with my wife - this is no longer allowed. I have been given 60 days extension instead of the year I asked for, and told to show the Account in my name only when I return.

I have tried to get extension with a letter of employment showing sufficient income from my new company - now in Malaysia. I was told this must be 'endorsed' (my understanding of indistinct translation by my wife) by the Malaysian embassy. They have never had the request before. They said they cannot verify or guarantee the letter - try the ministry in Malaysia. The immigration officer could not tell me what I needed (or it seems, what she was looking for on the letter).

Has any one jumped this hurdle before? Income from a company outside Thailand?

[Dave the Dude]

I have tried to get extension with a letter of employment showing sufficient income from my new company - now in Malaysia. I was told this must be 'endorsed' (my understanding of indistinct translation by my wife) by the Malaysian embassy. They have never had the request before. They said they cannot verify or guarantee the letter - try the ministry in Malaysia. The immigration officer could not tell me what I needed (or it seems, what she was looking for on the letter).

Has any one jumped this hurdle before? Income from a company outside Thailand?

Can you not get an Income letter from The British Embassy. Documentary proof would be needed by the Embassy BTW. That is what Immigration like to see ?

Dave

[opalhort]

.... My 400k was in a joint account with my wife - this is no longer allowed. I have been given 60 days extension instead of the year I asked for, and told to show the Account in my name only when I return.....

For how many years have you been using the combined account continuousily?

This may affect me since I've been using the combined account (well over min. deposit) for many years, but if it has to be in my name only now I'll have to hurry since my extension is due in early May '09

I use BKK Suan Plu Imm office

opalhort

Edited December 30, 2008 by opalhort

[ubonjoe]

I am a Brit with a Thai wife; I have extended my non imm "O" visa before both with employment in Thailand and with 400k in the bank. One new rule from the office in Bangkok caught me out this time. My 400k was in a joint account with my wife - this is no longer allowed. I have been given 60 days extension instead of the year I asked for, and told to show the Account in my name only when I return.

I have tried to get extension with a letter of employment showing sufficient income from my new company - now in Malaysia. I was told this must be 'endorsed' (my understanding of indistinct translation by my wife) by the Malaysian embassy. They have never had the request before. They said they cannot verify or guarantee the letter - try the ministry in Malaysia. The immigration officer could not tell me what I needed (or it seems, what she was looking for on the letter).

Has any one jumped this hurdle before? Income from a company outside Thailand?

Letter from UK embassy in Bangkok or one of the consulates. That will do it.

See this webpage at Embassy website: http://ukinthailand.fco.gov.uk/en/help-for...ng-in-thailand/

[ubonjoe]

For how many years have you been using the combined account continuousily?

This may affect me since I've been using the combined account (well over min. deposit) for many years, but if it has to be in my name only now I'll have to hurry since my extension is due in early May '09

I use BKK Suan Plu Imm office

opalhort

Appears to me you need to get an account in your name. You only need to have it in your account for 60 days so not that big a rush.

[opalhort]

Appears to me you need to get an account in your name. You only need to have it in your account for 60 days so not that big a rush.

No, there is no big rush, but here is my problem:

This account is a fixed (12 months maturity) account which has only seen deposits for the past 10 years as a result there are now 5 sub-accounts all with a different due date.

Changeing the name is not possible according to TFB (K-Bank). Only option is to close acc and open a new one. Meaning loss of interest!

opalhort

[tijnebijn]

I thought that in the past they also asked for the money to be in your

account only . But subsequently it seems its up to the individual immigration officer handling

the application . What Opalhort could do is to make a visit to the office and ask for it , write down the name

and date if the person confirms the joint account is no problem .

So when having any problems you could point it out , if really a joint account is not possible

you know what to do .

One thing , why you have to close the accounts ? Just open a new one and transfer 400k on your name only .

The first of January they give you interest , so you should have the same at your own account if transfered early Jan .....

And my guess is that in 2 years time the ' old ' rules will be turned back , cause to many problems

for many longterm expats with family , it has always been like that .

What I do is keeping the 40k tax payments for my wife , 400k on mu own account and the rest

just as usual , think we will be alright like this .... but headaches ...yes .

[ubonjoe]

No, there is no big rush, but here is my problem:

This account is a fixed (12 months maturity) account which has only seen deposits for the past 10 years as a result there are now 5 sub-accounts all with a different due date.

Changeing the name is not possible according to TFB (K-Bank). Only option is to close acc and open a new one. Meaning loss of interest!

opalhort

Since you were grandfathered under the old rules you have been using the bank account aready. And the rules from 2006 allowed for joint accounts.

You should contact immigration and get a ruling under this in the new rules. It would at least give your more time to sort your accounts out.

6. If an alien who has entered Thailand before this order came into force and has been continuously granted temporary stay as clause 2.18(6), in case the marriage with Thai lady, 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.