New Regulations For Extensions Of Non-immigrant Visas

[mouse1958]

Ive got a NON O visa issued in Hull,Uk last August.

Can I expect any changes prior to the expiration of the visa in August nextyear?

just got my second 90 day stamp.

thanks

[monkeytunes]

So I take it from the new rule,

as I have a Thai wife and we have one child I need either 400K in my Thai bank 2 months before applying for the visa or proof of income of 40K Per month,(one or the other is acceptable) if thats the case its good news for me and Im sure a number of other people. Im I reading things right?

[Mario2008]

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 intend getting married soon to a Thai girl but will be spending about 4-6 months in the UK what I want to know can I apply for a marrage visa when I get back to Thailand and stay here for a year and do the 90 day visa runs

If you are married to a Thai you can apply for a non-immigrant visa based on your marriage. Just show a copy of the marriage certificate and your wife's ID.

When in Thailand you can eextend your permission to stay if you can show an income of 40,000 a month or 400,000 at a Thai bank.

[Lite Beer]

no more visa run to get 30 day extension. this will impact me more than the other changes. not ablr to retire yet and the 1 year vise seems harder to get now right?

You can always go to Vientiene Laos and get a double entry tourist visa. With extensions it will give you almost 6 months.

[j0rd]

Most of the convo is about men who married thai women or the elderly. How about me as a tourist.

I stayed in Thailand for roughly 9 months. 2M Visa + 1M Extension, 2M Visa + 1M Extension, 3x 1M border runs. I've been in Vietnam for the last 3 month and would like to head into Thailand after this. I was thinking of heading into Cambodia to fill out my remaining 90 days leave and head into Thailand over land.

As I read it now, I will only receive a 15 day visa exemption on entry overland and not the full 30 days as before, am I correct?

If I fly from Cambodia I should recieve the full 30 day, am I correct?

It appears that you are correct.

Foreigners who enter the Kingdom under the Tourist Visa Exemption category may re-enter and stay in Thailand for a cumulative duration of stay of not exceeding 90 days within any 6-month period from the date of first entry.

Also when they say 6 Months, do they actually mean 180 days, or do they mean 6 months? And if it's 6 months, what the hel_l is 6 months.

Also during my border runs I spent about 1 month outside of thailand. So I used my first one in June 1st, Second July 15th, Sept 6th and then left October 6th. My 180 days starts from June 1st, correct and is not 90 days Oct 6th.

I guess that means I can already head back!

Date Calculator:

http://www.timeanddate.com/date/dateadd.html

[Mario2008]

So I take it from the new rule,

as I have a Thai wife and we have one child I need either 400K in my Thai bank 2 months before applying for the visa or proof of income of 40K Per month,(one or the other is acceptable) if thats the case its good news for me and Im sure a number of other people. Im I reading things right?

Not for applying for a visa (that you get outside the country from an embassy or consulate) but when you apply for an extension of stay for one year at an immigration office.

[wineaux]

In my opinion this is a big improvement for Men with Thai Wives.

agreed

[Phil Conners]

So if i understand well, that mean a work permit can not be obtained from a new company less than 2 years old?

I copy paste:

2.1 In the case of business such as employment with a company or partnership, etc.: Permission will be granted for a period of not more than 1 year at a time.

(4) The business concerned must have duly submitted its financial statement as at the end of the two fiscal years and certified by an auditor or tax auditor, showing a sound financial condition and an on-going active business as attached order (exhibit b

So in the case of a new company, this one can NOT have an alien as a worker in its company? So, it s impossible to get any work permit before 2 years???

Somebody have the exhibit b?

Thanks to answer me

I believe its not saying you cant get a WP for a new company....Think you will find this relates to extension of stay conditions, ie you dont to leave the country and just do the 90 days reports, minumum salary conditions etc

On the previous rules the company had to 1 years audited book before you could get your extension of stay....

I think you (Soutpeel) are right, this new law is only regarding extensions and not about work permits, however, as workpermits are issued only until the validity of the visa extension it means you will have to go an renew work permits every 2-3 months at a cost of ~ 10,000 baht per issue... Not good for someone who wants to start a business here....

[Lite Beer]

In my opinion this is a big improvement for Men with Thai Wives.

agreed

Agreed Agreed.

[TAWP]

Unfortunately they did not re-introduce the 3 million Baht investment extension.

They only confirm that aliens who have been on that investment extension from before October 1st 2006 will be able to keep extending.

The 400,000 Baht for married persons is a good thing though!

Well, for many it was easier getting 40k family income than 400k laying around...especially with wives that like to spend. So I'm not sure how this will improve it for them...

[Maestro]

I have updated this post in the pinned topic “Useful Immigration Information & Visa Descriptions, Laws, addresses, download forms, Etc” with the links to the new regulations for extensions of stay. See links No. 7 for English and 8 for Thai.

--

Maestro

[Lite Beer]

Unfortunately they did not re-introduce the 3 million Baht investment extension.

They only confirm that aliens who have been on that investment extension from before October 1st 2006 will be able to keep extending.

The 400,000 Baht for married persons is a good thing though!

Well, for many it was easier getting 40k family income than 400k laying around...especially with wives that like to spend. So I'm not sure how this will improve it for them...

It is not clear but reading between the lines they may still be able to do this.

[robee]

So if i understand well, that mean a work permit can not be obtained from a new company less than 2 years old?

I copy paste:

2.1 In the case of business such as employment with a company or partnership, etc.: Permission will be granted for a period of not more than 1 year at a time.

(4) The business concerned must have duly submitted its financial statement as at the end of the two fiscal years and certified by an auditor or tax auditor, showing a sound financial condition and an on-going active business as attached order (exhibit b

So in the case of a new company, this one can NOT have an alien as a worker in its company? So, it s impossible to get any work permit before 2 years???

Somebody have the exhibit b?

Thanks to answer me

I believe its not saying you cant get a WP for a new company....Think you will find this relates to extension of stay conditions, ie you dont to leave the country and just do the 90 days reports, minumum salary conditions etc

On the previous rules the company had to 1 years audited book before you could get your extension of stay....

I think you (Soutpeel) are right, this new law is only regarding extensions and not about work permits, however, as workpermits are issued only until the validity of the visa extension it means you will have to go an renew work permits every 2-3 months at a cost of ~ 10,000 baht per issue... Not good for someone who wants to start a business here....

that blows

[xxxarte]

So if i understand well, that mean a work permit can not be obtained from a new company less than 2 years old?

I copy paste:

2.1 In the case of business such as employment with a company or partnership, etc.: Permission will be granted for a period of not more than 1 year at a time.

(4) The business concerned must have duly submitted its financial statement as at the end of the two fiscal years and certified by an auditor or tax auditor, showing a sound financial condition and an on-going active business as attached order (exhibit b

So in the case of a new company, this one can NOT have an alien as a worker in its company? So, it s impossible to get any work permit before 2 years???

Somebody have the exhibit b?

Thanks to answer me

I believe its not saying you cant get a WP for a new company....Think you will find this relates to extension of stay conditions, ie you dont to leave the country and just do the 90 days reports, minumum salary conditions etc

On the previous rules the company had to 1 years audited book before you could get your extension of stay....

I think you (Soutpeel) are right, this new law is only regarding extensions and not about work permits, however, as workpermits are issued only until the validity of the visa extension it means you will have to go an renew work permits every 2-3 months at a cost of ~ 10,000 baht per issue... Not good for someone who wants to start a business here....

Yep, it s what i was trying to explain... so foreign employees of a business less than 2 years old and their families will renew every 90 days their work permit and visa, more work for everybody, the officiers and the business runner...

Edited December 4, 2008 by xxxarte

[monkeytunes]

Im not sure how the new 15 day rule will help,

Ive read a number of poster say its a good thing as people should get proper visa,

This is my brother situation,

Hes less than 50 years old , doesnt have a thai wife, but has a income from the UK so doesnt work nor make any income from Thailand.

He was doing the 2 month tourist visa then the 3 * 30 days visa runs, I cannot see how hes taking advantage of the 30 day rule he was basically following the rules,am I missing something?

all he does is spend his money from the UK, he doesnt have another option for a visa, know its just been made harder for him,which in my view doesnt make any sense.Im sure theres plenty of other people in the same boat.

So am I missing something why the great need for the change?

[Lite Beer]

I have updated this post in the pinned topic “Useful Immigration Information & Visa Descriptions, Laws, addresses, download forms, Etc” with the links to the new regulations for extensions. See links No. 7 for English and 8 for Thai.

--

Maestro

Thanks Maestro. That will help.

[balkanbluerumba]

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

I was wondering about the same thing. My wife has a steady job so together we cross this limit, but on my own I am a bit short. Maybe the Thai text has more information. We'll try to figure it out.

[Kaojai]

After you get a non O-A in your home country, if you play your cards right there is no need to apply for an extension until just before the end of the second year of your O-A.

At this time, previously you needed 800k in a Thai bank for 3 months prior to the extension application (or pension, or combination). Now it seems the 800k must be in the Thai bank for 60 days for the first extension application, and 3 months for every year after that.

That is incorrect for the old rules. Before those applying for an O-A in their home country were not required to show any money at all IN A THAI BANK ACCOUNT.

"you needed 800k in a Thai bank for 3 months prior to the extension application

[TAWP]

If I understand this right, to qualify for a Business visa, Europeans, Australians, North Americans and Japanese have to prove a monthly income of 50,000 baht (or more).

Meanwhile, people from South Korea, Singapore, Taiwan and Hong Kong only have to have an income of 45,000/month. Other countries it's down to 35,000/month except for African countries (except South Africa), Cambodia, Myanmar, Laos and Vietnam, where the monthly requirement is down to just 25,000.

And the "business" must have submitted 2 years of certified financial statements (showing a sound financial condition and an ongoing active business).

Would this apply to all the "shell" companies people have registered in order to buy property ?

As far as I know that is already a requirement to get a work permit (even though it is not always enforced)

No, Work Permit has other limits than Extension of Stay based on Work (Non-.

Afaik the requested limit is usually 32k in BKK for westerners, lower for Indians for example. (This from experience.)

[Lite Beer]

Im not sure how the new 15 day rule will help,

Ive read a number of poster say its a good thing as people should get proper visa,

This is my brother situation,

Hes less than 50 years old , doesnt have a thai wife, but has a income from the UK so doesnt work nor make any income from Thailand.

He was doing the 2 month tourist visa then the 3 * 30 days visa runs, I cannot see how hes taking advantage of the 30 day rule he was basically following the rules,am I missing something?

all he does is spend his money from the UK, he doesnt have another option for a visa, know its just been made harder for him,which in my view doesnt make any sense.Im sure theres plenty of other people in the same boat.

So am I missing something why the great need for the change?

He can get a double entry tourist visa that will give him a 6 month stay with extensions and one border run.

[robee]

Im not sure how the new 15 day rule will help,

Ive read a number of poster say its a good thing as people should get proper visa,

This is my brother situation,

Hes less than 50 years old , doesnt have a thai wife, but has a income from the UK so doesnt work nor make any income from Thailand.

He was doing the 2 month tourist visa then the 3 * 30 days visa runs, I cannot see how hes taking advantage of the 30 day rule he was basically following the rules,am I missing something?

all he does is spend his money from the UK, he doesnt have another option for a visa, know its just been made harder for him,which in my view doesnt make any sense.Im sure theres plenty of other people in the same boat.

So am I missing something why the great need for the change?

my feelings exactly and my situation. hate to see this, political problems all summer, the airport, and now visa changes... should i be considering Cambodia?

[TAWP]

Unfortunately they did not re-introduce the 3 million Baht investment extension.

They only confirm that aliens who have been on that investment extension from before October 1st 2006 will be able to keep extending.

The 400,000 Baht for married persons is a good thing though!

Well, for many it was easier getting 40k family income than 400k laying around...especially with wives that like to spend. So I'm not sure how this will improve it for them...

It is not clear but reading between the lines they may still be able to do this.

Not if they haven't received it before.

I'm for instance receiving extension based on my work, even though I am on Non-O, due to some special BOI-one-stop-Visa-service. But if a person like me would alter job to a normal company one cannot use any grandfathering as one wasn't using it before...

[rayw]

My interpretation (thanks Issan Legal) for those on a non O-A visa ( for the purposes of retirement) is very little change.

After you get a non O-A in your home country, if you play your cards right there is no need to apply for an extension until just before the end of the second year of your O-A.

At this time, previously you needed 800k in a Thai bank for 3 months prior to the extension application (or pension, or combination). Now it seems the 800k must be in the Thai bank for 60 days for the first extension application, and 3 months for every year after that.

If my interpretation is correct, this is in fact a slight relaxation of the current policy, which requires 800k for 3 months prior to the first extension application.

I am happy to be corrected, given that my interpretation has been Leo-assisted

You should also be aware that if you have an income from your home country and use this as part of the 800K retirement visa requirement ( for most folks their pension is usually not enough to meet the 800K PA figure unless you have a very good pension indeed and especially now with the weak pound) then you only need the balance in your Thai bank account on the day you renew your annual OA Visa (retirement). This has not changed and is often misquoted and confused with when you use 800K banked money exclusively when the 60 or 90 day ruling does apply. i.e. if you have say a pension from your home country that equates to 500K Baht p.a. ( a fairly average pension for a UK retiree) then you also need to show 300K Baht in your Thai bank account just on the day you extend your visa there is absolutely no 60 day or 90 day requirement in such a case. I know this is fact as I do not keep too much here in Baht and my income is about 530K pa (was about 650K a short while back when the pound was strong) so I transfer some of my capital from my UK bank account just a week or two before my visa extension is due so my annual pension and Thai bank account add up to over 800K Baht. This has never been a problem and is a fact as confirmed by my local Thai immigration office too. So anyone with a pension (and certainly all UK citizens over 65 on a state pension) can do it this way you just need the usual letter from the UK Consular office here to confirm your pension after you show them the proof. The money I transfer over at the annual visa renewal time I can then use afterwards to make annual household purchases or for my next few months living costs so very easy and friendly. If you can meet the fairly straight forward immigration laws here it is really not a problem and very user friendly, so anyone planning on living here on a "permanent" temporary basis should check the rules carefully beforehand and ensure they can comply.

[hansnl]

Now everybody sit tight for the next round of changes.

Just as everybody is getting used to the rules, they are changed again.

And that seems to be getting the biggest problem of Thailand.

[Martian]

WOW....over 900 people reading this thread at the moment.

Anyway, with the new 400,000 Baht rule for husband of Thai lady, I assume one can still get a work permit on that visa????????????

This would be good as it would remove the "leverage" a business has in threatening to cancel your Non-imm B and make you border run or get 7 day extension immediately.

Regards,

[Geekfreaklover]

I am getting divorced the kids live with me what can i do or have to show to stay

Birth certificates.

[tominchaam]

In my opinion this is a big improvement for Men with Thai Wives.

agreed

Agreed Agreed.

In the case of married to a Thai according to 2.18 is there any age requirement for the one requesting extension of stay or can this be accepted also for those under 50 yrs age?

[Mario2008]

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

I was wondering about the same thing. My wife has a steady job so together we cross this limit, but on my own I am a bit short. Maybe the Thai text has more information. We'll try to figure it out.

Seems indeed that the family option income no longer exist. For old cases there can be made an exception, but no guarantees. The exception can be made.

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.

Edited December 4, 2008 by Mario2008

[Phil Conners]

If I understand this right, to qualify for a Business visa, Europeans, Australians, North Americans and Japanese have to prove a monthly income of 50,000 baht (or more).

Meanwhile, people from South Korea, Singapore, Taiwan and Hong Kong only have to have an income of 45,000/month. Other countries it's down to 35,000/month except for African countries (except South Africa), Cambodia, Myanmar, Laos and Vietnam, where the monthly requirement is down to just 25,000.

And the "business" must have submitted 2 years of certified financial statements (showing a sound financial condition and an ongoing active business).

Would this apply to all the "shell" companies people have registered in order to buy property ?

As far as I know that is already a requirement to get a work permit (even though it is not always enforced)

No, Work Permit has other limits than Extension of Stay based on Work (Non-.

Afaik the requested limit is usually 32k in BKK for westerners, lower for Indians for example. (This from experience.)

Last work permit extension I was informed by my lawyer that they now require minimum salary of 50,000/month to issue the WP and that it was always the case but not previously enforced.

[robee]

Now everybody sit tight for the next round of changes.

Just as everybody is getting used to the rules, they are changed again.

And that seems to be getting the biggest problem of Thailand.

yes, too many thoughts and not any good ideas...