New Regulations For Extensions Of Non-immigrant Visas

[Lite Beer]

On the issue of an investment visa, when it says if you buy a condominium over 3m baht from an Agency or State Agency, or where it refers to bringing in money into the country, does this mean that I as the purchaser of a condominium in excess of 3M baht (but from what was a limited company not a state agency), or having done a transfer of over 10m baht into the country can apply for an Investment Visa?

Only if you have been doing this since before October 2006.

[Mario2008]

so if i read this right we do not have to leave thailand anymore every 90 days? non immigrant o visa multiple entry we have.we are not married with a thai

You have to be married to a Thai national. But there might be other rules under which you qualify.

Edit:

If your daughter is under 20 and goes to school you would qualify as her dependend and she can get a extension of stay based on her education. See 2.8 or 2.9 and 2.11.

[waanjai-TV]

Although I benefit from the changes, its means I just need the 400k in the bank, so no hassle with proof of icome. but I think its a shame that they have changed the income requirement for visa based on marriage to just the husband, once again I cannot see the benefit, i know a few married men that just fall short of the 40K requirement but with the wifes salary meet the requirements, 40K is allot anyway when you consider what local people can earn, and if your married surely it make sense for both icomes (the family income) to be taken into account.

Agreed, very much agreed.

And don't think they would lower the requirements to proof the legal and de-facto marriage through photos and statements by the wife and all the other requirements in paper they demand in the case of One Year Permissions to Stay based on Thai Wife.

The 400 K in the bank was also valid until October 2006 - and has been grandfathered.

The essence of the "Husband only has to have 40 K per month" is to block out more of those that are not regarded as quality residents/tourists.

[Martin]

In post #109, 'monkeytunes' asked:

"...why the great need for the change" ?

This was puzzling me, but it may be that, in view of dollar and pound devaluation, they are seeing that quite a lot who met the old conditions may fall short. Hence the (new, I think) stipulation that 'shortfallers' will be reviewed at a higher level than the 'counter staff'.

After all, it could be a load of political hassle if husbands who have been here a long time and become respected members of their communities were being denied the ability to stay. The Immigration Police are independant of politics, and just go by the rule-book that their political masters give them. But a load of pissed-off mia farangraising the matter at political meetings meetings is not what the Minister of Immigration wishes to drop on his political fellow candidates. So better to get some 'damage avoidance' in, by this new procedure.

The other matters may be just 'tidying up' legislation changes.

[Tafia]

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

I agree....

800,000 Or Pension or combination of both but not less than 800,000 per annum (No change as I read it)

But the first extension if using the cash in bank method it only has to be there for 60days and subsequently 90 days every year therafter

and I too will stand to be corrected.......

and my thanks to to Issan Legal and all those who help us understand what is neccesary to achieve our aims. Thanks

[Lite Beer]

The 400 K in the bank was also valid until October 2006 - and has been grandfathered.

Yes for those that were in the system at that time. Not for new applicants. They now have that option.

[freitag1]

"(6) In case of marriage with a Thai lady , the husband who is an

alien must have an average annual income of not less than

40,000 baht per month or a money deposit in a local Thai bank

of not less than 400,000 baht for the past 2 months for expenses

within a year. "

Does this apply to married people of all ages? So basically you just have to show them the money and you get the 1 year visa?

I will retire pretty soon but I'm far from being 50.

[monkeytunes]

"(6) In case of marriage with a Thai lady , the husband who is an

alien must have an average annual income of not less than

40,000 baht per month or a money deposit in a local Thai bank

of not less than 400,000 baht for the past 2 months for expenses

within a year. "

Does this apply to married people of all ages? So basically you just have to show them the money and you get the 1 year visa?

I will retire pretty soon but I'm far from being 50.

yes age insnt an issue, you must have proof of marriage (cert some ask for photos of wedding)and 400K or proof of 40K PM income(that you earn), cheers

[Mario2008]

"(6) In case of marriage with a Thai lady , the husband who is an

alien must have an average annual income of not less than

40,000 baht per month or a money deposit in a local Thai bank

of not less than 400,000 baht for the past 2 months for expenses

within a year. "

Does this apply to married people of all ages? So basically you just have to show them the money and you get the 1 year visa?

I will retire pretty soon but I'm far from being 50.

Yes, your age doesn't matter for an extension of stay based on marriage.

[NinjaGladiator]

YEEEEEEEE!

I'm no longer classed as riff-raff, I'll be able to get my 1 yr marraige visa back, and go up the social ladder as identified by so many writers of this forum.

Ummmmm

[Lite Beer]

"(6) In case of marriage with a Thai lady , the husband who is an

alien must have an average annual income of not less than

40,000 baht per month or a money deposit in a local Thai bank

of not less than 400,000 baht for the past 2 months for expenses

within a year. "

Does this apply to married people of all ages? So basically you just have to show them the money and you get the 1 year visa?

I will retire pretty soon but I'm far from being 50.

It is not quite as easy as that but basically ,Yes.

[andybangkok]

For the mariage extension ,if I have 30,000 k of income by month can I made a combination of my income and money in a bank to make a total of 400k for one year

[freitag1]

Thanks monkeytunes, Lite Beer and Mario!

[CosmicSurfer]

Well, the financial requirements for the one year permission to stay based on Thai Wife have been increased.

Whereas according to the old rules

"(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. "

it is now:

"(6) In case of marriage with a Thai lady , the husband who is an

alien must have an average annual income of not less than

40,000 baht per month or a money deposit in a local Thai bank

of not less than 400,000 baht for the past 2 months for expenses

within a year. "

I personally know Europeans that are married to a Thai wife and receive pensions of around 800 Euros and do not have any bigger savings.

They were only eligble for the extension to stay because their Thai wifes had jobs, that generated the money to fill the gap.

Well at least for this special situation there is also a new provision to handle the emerging problems:

"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. "

Maybe they will have a look whether the farang has already build a house in Isaan.

But in general: Thailand more and more looses interest in the average situated Farang husband of Thai wife.

P.S. Could someone tell the translators about the widely spread connotations people have with "Thai Lady" instead of "Thai Wfe", not to mention the Thai Ladyboy.

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

And just why would this be a BIG improvement ????

Can you justify this statement.

In my case, It ruins my life in Thailand and potentially breaks up my marriage, if I am forced to leave.

Everybody's relationship is based on different circumstances.... My wife has adequate income to support me from her regular job based on the 40k criteria... AND... supplimented by the share I pull by earning what I can, where I can, including arranging export deals we put thru my wife's Sole-ownership registered company.

All in all, I'd say we contribute an equal amount to the family kitty... but of course, mine is not included directly in my wife's official Income report.

Now.. tell me again... Just how does this benefit ME???

CS

[Tafia]

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.

and they use the Gross pension figure NOT the net?? when calculating the amount of pension....is this correct?

[Mario2008]

For the mariage extension ,if I have 30,000 k of income by month can I made a combination of my income and money in a bank to make a total of 400k for one year

The rules don't mention that option for an extention based on marriage. So the answer is no. Sorry.

[Lite Beer]

Well, the financial requirements for the one year permission to stay based on Thai Wife have been increased.

Whereas according to the old rules

"(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. "

it is now:

"(6) In case of marriage with a Thai lady , the husband who is an

alien must have an average annual income of not less than

40,000 baht per month or a money deposit in a local Thai bank

of not less than 400,000 baht for the past 2 months for expenses

within a year. "

I personally know Europeans that are married to a Thai wife and receive pensions of around 800 Euros and do not have any bigger savings.

They were only eligble for the extension to stay because their Thai wifes had jobs, that generated the money to fill the gap.

Well at least for this special situation there is also a new provision to handle the emerging problems:

"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. "

Maybe they will have a look whether the farang has already build a house in Isaan.

But in general: Thailand more and more looses interest in the average situated Farang husband of Thai wife.

P.S. Could someone tell the translators about the widely spread connotations people have with "Thai Lady" instead of "Thai Wfe", not to mention the Thai Ladyboy.

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

And just why would this be a BIG improvement ????

Can you justify this statement.

In my case, It ruins my life in Thailand and potentially breaks up my marriage, if I am forced to leave.

Everybody's relationship is based on different circumstances.... My wife has adequate income to support me from her regular job based on the 40k criteria... AND... supplimented by the share I pull by earning what I can, where I can, including arranging export deals we put thru my wife's Sole-ownership registered company.

All in all, I'd say we contribute an equal amount to the family kitty... but of course, mine is not included directly in my wife's official Income report.

Now.. tell me again... Just how does this benefit ME???

CS

Yes. This is a backwards step. But there does seem to be a provision in the new rule that means you may still be able to do this. Nave a look at no.6 near the top of the page.

[Lite Beer]

For the mariage extension ,if I have 30,000 k of income by month can I made a combination of my income and money in a bank to make a total of 400k for one year

No. One or the other.

[Mario2008]

Persosn on a marriage extension should not forget that the money in the Thai bank account now exists. The bankaccount should be in the name of the foreign husband, but the money can come from the wife. For some a loan will be an option. Start saving now if you need the family income to qualify.

[CosmicSurfer]

"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.

Seems like the Perfect opportunity for some of the less fortunate officials to suppliment their "Tea-Money" endowment fund.

"Life" in Thailand goes on... Business as usual... TIT

CS

[opalhort]

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

agreed

Agreed Agreed.

Yes it is good news for some people since the 400K deposit option has been re-instated.

But the "40K/month family income" has obviously been revoked. Now it has to be the income of the foreigner only.

One poster in this topic mentioned that the "combined family income" route is still available if the couple have a child. IS THIS CORRECT?

My question now is:

I've been using the bank deposit for many years (grandfathered) but the account is a combined one (wife and me). Will I have to move this account into my name only?

opalhort

[monkeytunes]

And just why would this be a BIG improvement ????

Can you justify this statement.

In my case, It ruins my life in Thailand and potentially breaks up my marriage, if I am forced to leave.

Everybody's relationship is based on different circumstances.... My wife has adequate income to support me from her regular job based on the 40k criteria... AND... supplimented by the share I pull by earning what I can, where I can, including arranging export deals we put thru my wife's Sole-ownership registered company.

All in all, I'd say we contribute an equal amount to the family kitty... but of course, mine is not included directly in my wife's official Income report.

Now.. tell me again... Just how does this benefit ME???

CS

personally I benefit, the 400K was Ok but proving the 40K was hassle and cost me every year at visa time, so yes the new rules great for me,

The 40K proof of earning by the foreign husband I believe is a step backwards and just not right ,

but can I ask, based on the last rules you needed both, 400K and 40K PM income proof, so you have needed 400K in the bank, so if you still have that 400K youll be Ok, youll not need to orove an income.

[Tafia]

Do they use the Gross or Net figure when calculation Pension?

[andybangkok]

Thanks for your answer. But having 300k in bank now for more than 1 year and income of 30k by month is a bit frustrating to not qualified

[Lite Beer]

and they use the Gross pension figure NOT the net?? when calculating the amount of pension....is this correct?

It has been up to now.

[Mario2008]

Yes it is good news for some people since the 400K deposit option has been re-instated.

But the "40K/month family income" has obviously been revoked. Now it has to be the income of the foreigner only.

One poster in this topic mentioned that the "combined family income" route is still available if the couple have a child. IS THIS CORRECT?

My question now is:

I've been using the bank deposit for many years (grandfathered) but the account is a combined one (wife and me). Will I have to move this account into my name only?

opalhort

If I were you i would move the money in an account on your name only. It is how I interpret the new rules.

[Mario2008]

Thanks for your answer. But having 300k in bank now for more than 1 year and income of 30k by month is a bit frustrating to not qualified

If you are already on an extension of stay based on a family income they will probably let you be for the first time. You will have to start saving or take a loan to get to 400,000.

It sure will be frustrating for a lot of people in the same situation.

[CosmicSurfer]

Yes. This is a backwards step. But there does seem to be a provision in the new rule that means you may still be able to do this. Nave a look at no.6 near the top of the page.

Sorry... I must be missing something here... Could you please be a little more explicit...

#6 at the top of WHAT page???

Or are you refering to the part that says:

"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.

If so, I don't think that this makes me sleep any easier.... Not after meeting the "Mother of the Dog" that was the agent that finally issued my current extension.

Or is there something else I'm missing???

CS

[Lite Beer]

Yes. This is a backwards step. But there does seem to be a provision in the new rule that means you may still be able to do this. Nave a look at no.6 near the top of the page.

Sorry... I must be missing something here... Could you please be a little more explicit...

#6 at the top of WHAT page???

Or are you refering to the part that says:

"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.

If so, I don't think that this makes me sleep any easier.... Not after meeting the "Mother of the Dog" that was the agent that finally issued my current extension.

Or is there something else I'm missing???

CS

Yes. That is the passage. As you say it does give a lot of power to the officer you see on the day.

Can your Wife not loan you the cash for 2 months until you apply?

[Mario2008]

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.

It could mean that the descretionary powers of the immigration officer are only for the first year of the new rules. After that no more descretionary powers and everybody will have to fit the rules.