New Regulations For Extensions Of Non-immigrant Visas

[LivinginKata]

In previous posts it was said that for 1 year the officers can approve the extension based on the same same criteria granted last year but next year that would put you back in the same boat as me.

Huum, seems like great money making scheme.... I expect that's the solution to my temporary problem.... DUE TO RULE CHANGE WITH ZERO NOTICE.

[Mario2008]

This 400K in the bank is good for me.

Does this one year stay (extension) also comes with the multiple entry?

No, you have to apply fro a re-entry permit at 1,000 baht a pop, or 3,500 baht for multi entry.

Almost right. A multiple re-entry costs 3,800 baht.

[Kerryd]

ThB 400,000 in a bank account ... previously I understood that this referred to ANY bank account. I have $1M+ in a Singapore bank account. I have nothing in a Thai bank account because I am not allowed to open a bank account on an 'O' visa (married to a Thai). So if I am supposed to have ThB 400,000 in a THAI bank account, but am not allowed to open a Thai bank account, how does this work?

As CS mentioned, you can open an account on pretty much any kind of visa.

I've opened two accounts with just a 30 day stamp.

MY dear old day recently opened an account in two different banks (Bangkok Bank and Siam Commercial) in the same week, with his O-A visa.

The primary requirement was having the Certificate of Residency from Immigration. They are the ones who look at your residential information and visa status.

Also, as I just recently found out, at least for an O-A visa, the required funds have to be in a bank in the country you are applying from. Dad was applying (in September) from Canada. He showed them the proof of sufficient funds, got his visa, took the money, went to Thailand and put it into a Thai account.

So if you are applying for your O in S'pore, then showing that you have the money in a S'pore bank account should meet the requirement.

I thought the $$ had to be in a Thai account as well, and was racking my brains in August when Immigration wouldn't give him a Certificate of Residency, as he only had 5 days left on his 30 day stamp.

I figured he'd have to get a double-entry Tourist visa, arrive in LoS, get a Certificate from Immigration, open an account, deposit the money, get a 30 day extension, do a border run, then apply to convert his Tourist visa to an O-A.

That way the money would have been in the account for 90 days, and he'd still have the required "21+" days left on his Tourist visa when he applied to convert it.

Turns out, he went to the consulate when he got back to Canada in early September. They told him he had to show proof of sufficient funds in a Canadian account.

Bam ! Suddenly he had his 1 year O-A ! Took less than 10 days from the time he sent them the paperwork and his passport until he had the passport back with the visa in it (and that was going through the regular postal system) !

[Basch]

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,

Hmmm. Sounds like Immigration has been reading this forum. There have been multiple discussions about how to have the wife 'earn' income. One, you could actually pay her 40k/mo for services rendered -- and with head held high, declare this income for Thai tax purposes (and in order to show Immigration the tax receipt). Or, two, fake it. Just have her pay taxes on a bogus 40k/mo. Tax folks will gladly accept the money based on this say-so. You still end up with a tax receipt to show Immigration. Maybe Immigration became the wiser........

How would it be possible to fake that? Every time, my wife had to show 1 full year of monthly tax records, also detailed letters confirming all of this by the company that pays her salary and different kinds of phor ngor dors (1 and 91 iirc), all these statements had to be signed (each page!)by the owner of the company that pays the salary and even though we knew some of the people at the Suvarnabhumi immigration personally, proof of belongings(bank accounts with preferrably loads of money, houses, cars), CVs and university degrees were necessary(next to the wedding papers) before they were satisfied. It was all a breeze once all these papers were handed over but I wonder how anyone could get away faking any of this.

Basch

Edited December 5, 2008 by Basch

[Mosha]

Well for someone farming how can you provide a company letter. We have previously paid tax on 10,000, So that my 37,000 after UK tax and her "10,000" with tax receipt, and a small 6 baht charge at the tax office to get an authentification cerificate. So it will be intersting now if I can pay my wifes tax on "40,000 Baht" and have this accepted.

[Mario2008]

Well for someone farming how can you provide a company letter. We have previously paid tax on 10,000, So that my 37,000 after UK tax and her "10,000" with tax receipt, and a small 6 baht charge at the tax office to get an authentification cerificate. So it will be intersting now if I can pay my wifes tax on "40,000 Baht" and have this accepted.

AFAIK the income is before tax, not after tax.

With the new rules there is no longer the family income option for an extention based on marriage, just the income of the foreign husband is taken into consideration.

[Mosha]

Yes you are right I wasn't reading it correctly.

[Pappiklon]

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.

Thank You Lite Beer for the response.

I currently have Non Imm B Visa, I have a Foreign Exchange certificate for more than 10m Baht from July 2006, my understanding was that from October 2006 they stopped Investment Visas, can I now apply using that Exchange Certficate , (the condo I bought was not a newbuild) would this be a complicated process if so should I be talking to someone like Sunbelt to sort it out, I just looked on their site and it says 'No Longer Available' for these visas.

[BlackJack]

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.

i bought a 5 mill condo 4 years ago and so could i apply for an investment visa

I have a retirement visa but the investment seems easier

also under the retirement visa if (a) He/she must be 60 years of age or over and has regular income. His/her bank account deposit shall not be less than Baht 200,000 a year and evidence of the account deposit for the previous 3 months must be shown; or he/she has a monthly income of not less than Baht 20,000.

does this mean that if i was 60 i would need only 25% (200,000 pa) AS OPPOSED TO the 100% (800,000 PA) that a 50 year old needs

DOES THIS mean that when I am 60 i will need less money for screwing, eating and drinking???

[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.

i bought a 5 mill condo 4 years ago and so could i apply for an investment visa

I have a retirement visa but the investment seems easier

also under the retirement visa if (a) He/she must be 60 years of age or over and has regular income. His/her bank account deposit shall not be less than Baht 200,000 a year and evidence of the account deposit for the previous 3 months must be shown; or he/she has a monthly income of not less than Baht 20,000.

does this mean that if i was 60 i would need only 25% (200,000 pa) AS OPPOSED TO the 100% (800,000 PA) that a 50 year old needs

DOES THIS mean that when I am 60 i will need less money for screwing, eating and drinking???

Only if you have been doing Retirement Extensions since before 1998.

[BlackJack]

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.

i bought a 5 mill condo 4 years ago and so could i apply for an investment visa

I have a retirement visa but the investment seems easier

also under the retirement visa if (a) He/she must be 60 years of age or over and has regular income. His/her bank account deposit shall not be less than Baht 200,000 a year and evidence of the account deposit for the previous 3 months must be shown; or he/she has a monthly income of not less than Baht 20,000.

does this mean that if i was 60 i would need only 25% (200,000 pa) AS OPPOSED TO the 100% (800,000 PA) that a 50 year old needs

DOES THIS mean that when I am 60 i will need less money for screwing, eating and drinking???

Only if you have been doing Retirement Extensions since before 1998.

I see your answer but the question was really does a 60 year old need less than a 50 year old???

PLUS i bought a 5 mill condo 4 years ago and so could i apply for an investment visa

[Mosha]

I suppose you could just as easily ask, if a someone is living in private accomodation with no rent, do they need 65,00/40,000 Baht per month. Also depends where you live. Some one in BKK will need much more than out in the sticks.

[KhunG]

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.

i bought a 5 mill condo 4 years ago and so could i apply for an investment visa

I have a retirement visa but the investment seems easier

also under the retirement visa if (a) He/she must be 60 years of age or over and has regular income. His/her bank account deposit shall not be less than Baht 200,000 a year and evidence of the account deposit for the previous 3 months must be shown; or he/she has a monthly income of not less than Baht 20,000.

does this mean that if i was 60 i would need only 25% (200,000 pa) AS OPPOSED TO the 100% (800,000 PA) that a 50 year old needs

DOES THIS mean that when I am 60 i will need less money for screwing, eating and drinking???

Only if you have been doing Retirement Extensions since before 1998.

I see your answer but the question was really does a 60 year old need less than a 50 year old???

PLUS i bought a 5 mill condo 4 years ago and so could i apply for an investment visa

1. No, it means that if you started under the rules in 1998, you would be grandfathered under those rules.

2. Yes, if you applied 4 years ago.

[opticpro]

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

Birth certificates.

Only birth certificates or anything else

[tingtongmaak]

Im assuming no one has firm answers to the Visa B changes Section 2.1 (4)? It says they require two fiscal years of financial statements

Im due to declare 50,000 and get a visa where I don't have to leave but my business has only been in operation for 1 year. From this I understand this may now not be possible for me!

I've just spoke to my accountant and sent her the Thai document. No surprise she didn't have a fcking clue! And as usual I made to feel like the stupid farang (who saw these new changes before her)

[Soutpeel]

Im assuming no one has firm answers to the Visa B changes Section 2.1 (4)? It says they require two fiscal years of financial statements

Im due to declare 50,000 and get a visa where I don't have to leave but my business has only been in operation for 1 year. From this I understand this may now not be possible for me!

I've just spoke to my accountant and sent her the Thai document. No surprise she didn't have a fcking clue! And as usual I made to feel like the stupid farang (who saw these new changes before her)

My understanding is under the new rules you will not be able to get the extension of stay, (ie you dont have to leave) until you have the two years financial statements, think the rule used to be 1 years statements had to be submitted + meeting salary requirements before before you could get the extension of stay...so basically they have tightened up the rules...

So sad to say in your case, you have may have to be visa runnings for another year yet..

[WimVerkuijlen]

Thank you for this information, well done.

I read from this order that a legal spouse can benefit from her husbands permanent residency (art. 2.19) but what in case of the spouse whose husband has a retiree visum? Does she need to have 800.000 bht in her bank account? Or can they use a mutual bank account? Or can she use the legal certified marriage certificate?

thank you in advance

[ubonjoe]

Thank you for this information, well done.

I read from this order that a legal spouse can benefit from her husbands permanent residency (art. 2.19) but what in case of the spouse whose husband has a retiree visum? Does she need to have 800.000 bht in her bank account? Or can they use a mutual bank account? Or can she use the legal certified marriage certificate?

thank you in advance

Your wife comes under 2.20 and yours is 2.22.

Marriage certificate is all that's needed and a non immigrant visa.

[johnseven]

Okay read all this with great interest, now can someone answer this please:

I have lived in Thailand for almost 3 years this coming June and have a retirement visa in my British Passport. I have been showing my 800,000 baht in the Bank the lasty couple of times and the last time I was there I asked if I could change my retirement visa to a marriage visa, the answer was no. Now that some rules have changed will this still apply? I am married to a Thai Lady and have a young daughter by her, also I could show income of over 40,000 baht per month, what is the best way of changing this so I don't need to show 800,000 baht every year? Thank you.

[Lite Beer]

Okay read all this with great interest, now can someone answer this please:

I have lived in Thailand for almost 3 years this coming June and have a retirement visa in my British Passport. I have been showing my 800,000 baht in the Bank the lasty couple of times and the last time I was there I asked if I could change my retirement visa to a marriage visa, the answer was no. Now that some rules have changed will this still apply? I am married to a Thai Lady and have a young daughter by her, also I could show income of over 40,000 baht per month, what is the best way of changing this so I don't need to show 800,000 baht every year? Thank you.

Immigration gave you wrong information.

You always had the choice if you qualified for both, which you do.

You have the choice of 40,000 a month income OR 400,000 in a Thai Bank.

[WimVerkuijlen]

Thank you for this information, well done.

I read from this order that a legal spouse can benefit from her husbands permanent residency (art. 2.19) but what in case of the spouse whose husband has a retiree visum? Does she need to have 800.000 bht in her bank account? Or can they use a mutual bank account? Or can she use the legal certified marriage certificate?

thank you in advance

Your wife comes under 2.20 and yours is 2.22.

Marriage certificate is all that's needed and a non immigrant visa.

thank you for your very quick reply. I do have a mariage certificate, legalized by the duth foreign affairs and the Thai embassy in the Netherlands. It is in dutch however, does it need a legal translation into thai language?

thank you again.

[ubonjoe]

Okay read all this with great interest, now can someone answer this please:

I have lived in Thailand for almost 3 years this coming June and have a retirement visa in my British Passport. I have been showing my 800,000 baht in the Bank the lasty couple of times and the last time I was there I asked if I could change my retirement visa to a marriage visa, the answer was no. Now that some rules have changed will this still apply? I am married to a Thai Lady and have a young daughter by her, also I could show income of over 40,000 baht per month, what is the best way of changing this so I don't need to show 800,000 baht every year? Thank you.

You can change to a marriage extension.

Immigration may not want to do it becasue it is less work for them to do a retirement visa.

There is no rule that I am aware of that says you can't. A lot of people have done it already.

You will just have to be a little persistent that you want to do the marriage extension. Take the wife along and all the required documents. Plus some photos of the two of you together in your residence and near or under the house/room number.

[Lite Beer]

thank you for your very quick reply. I do have a mariage certificate, legalized by the duth foreign affairs and the Thai embassy in the Netherlands. It is in dutch however, does it need a legal translation into thai language?

thank you again.

They accept English or Thai

[ubonjoe]

thank you for your very quick reply. I do have a mariage certificate, legalized by the duth foreign affairs and the Thai embassy in the Netherlands. It is in dutch however, does it need a legal translation into thai language?

thank you again.

It wouldn't hurt to have a translation to Thai. It might save you a trip back if they want it in Thai.

[torrenova]

I suppose you could just as easily ask, if a someone is living in private accomodation with no rent, do they need 65,00/40,000 Baht per month. Also depends where you live. Some one in BKK will need much more than out in the sticks.

That old chestnut has been going around my brain for years and I can answer for both sides.

Obviously, for a property owner (and perhaps only condo as house cannot be in your name), being able to show less income as not needing income for accommodation would be a good thing. However, it may exclude people who have houses under their control but who do not own them. If you include houses, then you open the ownersip and company can of worms again.

What about people who do not have their own property ? Most will rent but some will live in their partner's house. If you include those just not paying rent, then everyone who needed to or wanted to would jump on that bandwagon.

Then you have the income needed due to geographical location. Someone living in Nakhnon Nowhere does not need 65k a month but you may need much more in more expensive areas. This could also be translated into rent. Someone living in an expensive area but owning their condo could claim that the theoretical rent was more than 65k a month and as such, there would nt be a need to show any income at all.

There is no easy way and perhaps the best is the current crude method.

[Arkady]

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 ?

Nearly all of these shells will definitely be excluded. Audited financial statements of companies permitted to employ aliens must now be without "condition" (more normally referred to as a qualification in English accounting parlance) from the auditor and, if there is a "condition", the "condition" must not mention that the company is inactive. Nearly all of the shell companies' audited financial statements, assuming the owners bother to file audited financial statements at all, are likely to contain a qualification by the auditor on the front page. Thai accounting firms discretely omit to translate this page for their ignorant foreign clients. In order to cover the auditor's ass, the qualification will normally state that the auditor was unable to verify the information used in the preparation of the accounts because company management refused to provide it. It may also state that the company is inactive. In any event it is very easy to see whether the company is active or not by looking at the income statement which separates income from operations and other income. Rental income paid by the foreign director for use of the property has to be classified by the auditors as other income. Therefore a shell company with only rental income will be classified as inactive, even if this is not mentioned in an auditor's qualification. In order to emply aliens a company has to register for VAT and make monthly VAT returns, even if its income is below the threshhold of Baht 1,800,000 a year. This also makes it very difficult for shell companies without operations to employ foreigners.

What I am confused about is the new requirement to show 2 years of certified financial statements showing a sound financial condition and ongoing active business. This seems to suggest that bona fide foreign investors cannot set up a new company and immediately employ foreigners. Read at face value this seems to suggest that they will have to either wait for over two years or buy an ongoing business. I feel there must be something missing here. Even the Thai authorities can't be so obtuse that they expect any foreign investors to invest under these conditions. For existing shell companies that have already been classified as inactive this would appear to mean that they will have to start operations with only Thai employees for two years before they can employ their foreign shareholders/directors.

[Surin2001]

My freind has a multi entry tourist visa from oz i assume this will continue to be ok,he has to leave on 90 days.he lives in oz but comes 2 or 3 times a year

[Lite Beer]

My freind has a multi entry tourist visa from oz i assume this will continue to be ok,he has to leave on 90 days.he lives in oz but comes 2 or 3 times a year

There is no such Visa. You probably mean a Multi Entry Non O Visa. There is no change to this or a Tourist Visa.

[Rainmon]

An important change (for some) to the Retirement Visa requirements as well.

The 800,000 baht only has to be in the account for 60 days for the first year (but 90 days for subsequent years if I read this right):

(4) Account deposit with a bank in Thailand of not less than 800,000 Baht as shown in the bank account for the past 3 months at the filing date of the application. For the first year, the applicant should have that amount in his bank account for not less than 60 days.

I think the form used by the banks you give to immigration only says 30 days on it, unless they change it this year. I got my retirement visa in Pattaya for the 2nd year and only had my funds in the account for about 45 or 50 days and they said nothing...

[johnseven]

Okay read all this with great interest, now can someone answer this please:

I have lived in Thailand for almost 3 years this coming June and have a retirement visa in my British Passport. I have been showing my 800,000 baht in the Bank the lasty couple of times and the last time I was there I asked if I could change my retirement visa to a marriage visa, the answer was no. Now that some rules have changed will this still apply? I am married to a Thai Lady and have a young daughter by her, also I could show income of over 40,000 baht per month, what is the best way of changing this so I don't need to show 800,000 baht every year? Thank you.

Thank you all for your replies, I guess they didn't want to did it for me at Nong Khai, also people are telling us that I will have to go out of the country to change to a married visa, surely this is not the case, if I went to BangKok Immigration would they change it for me if I took my yellow book, amarriage certificate wife and child? There seems to be different rules for area offices, is there a web site or email address where I can get this sorted once and for all? Over the last year I've been told it's possible but when I ask Immigration they say no. I need someone with authority!

Many thanks to you all for your replies, it's a great comfort.