Visa Extension Rule Change

[Time Traveller]

The new rule for marriage visa extensions that people not working in Thailand must have 400,000 baht in the bank has been quite a surprise.

Each and every year I have done the 40,000 baht per month category but this year they said that I must have the 400,000 in the bank.

I have a problem in that my income comes from Thailand (with annual tax payment forms) but I don’t have a work permit. (ie. I’m not working but my income comes from investments) The officer at the immigration said no Work permit means they won’t even look at the Income tax filing statement for extension consideration.

Even I’ve heard from this forum that a letter from a foreign embassy might help but they said it’s not appropriate in my case and even in Thai the conditions for that option refer to public pension income which is not appropriate in my case.

Basically this new rule change has caused a minor problem for me in that I now have deposit 400,000 baht earning less than half of one percent for 60 days before I even apply.

I don’t understand why immigration are not even considering income from Thailand (in which Tax is paid here) and is far above the minimum amounts? (If I was a volunteer with a work permit and not earning income then that they would accept my tax documents!).

Is there any other way I can get them to accept the income tax return statements from the tax office instead of bank deposit? Can I protest this decision some how? Who should I speak to at the immigration deptartment?

[Maestro]

The new rule for marriage visa extensions...

Each and every year I have done the 40,000 baht per month category but this year they said that I must have the 400,000 in the bank.

They, whoever they may be, have told you wrong. See clause 2.18(6) of Police Order 777/2515.

--

Maestro

[Lite Beer]

The new rule for marriage visa extensions...

Each and every year I have done the 40,000 baht per month category but this year they said that I must have the 400,000 in the bank.

They, whoever they may be, have told you wrong. See clause 2.18(6) of Police Order 777/2515.

--

Maestro

Yes. 40,000 Monthly income OR 400,000 in the bank.

[Maestro]

...I don’t understand why immigration are not even considering income from Thailand (in which Tax is paid here) and is far above the minimum amounts? ...

The immigration officer has no right to refuse evidence of your own income earned in Thailand as the necessary proof of income for the marriage extension. I he does refuse, follow the procedure outlined in paragraph 4 of Police Order 777/2551:

In case the applicant wishes to review the denial by the orders mentioned in clause 1, the applicant shall re-submit an application for another review, citing the reasons for the re-submission in a letter to a competent official holding a rank of a police inspector and higher. This is for the purpose of obtaining a decision in writing on the application. In this case, the applicant may attach all supporting documents to the application for re-submission at the same time. The review shall be carried out within the time limit prescribed by paragraph 1. During the proceeding of the consideration, the competent official shall set the date of result hearing within 7 days after the

review application is submitted.

--

Maestro

[Time Traveller]

Is there a Thai copy of the police regulations form that I can show them. When I asked for the Thai form they brought me one that has no date on it and just has 3 conditions.

1. In case of bank deposit

2. In case of working (requiring showing work permit)

3. In case of pension income.

The immigration officer (a young girl) that was sitting at desk 18 and refused to even consider the income option. Is there another person that sorts these matters out in case?

Thanks for your help all

[Maestro]

The original Thai text of Police Order 777/2551 is here on the ThaiVisa server. There is a link to it in post #4 of the pinned topic "Useful Immigration Information & Visa Descriptions, Laws, addresses, download forms, Etc". It is probably also somewhere on the website of the Immigration Bureau but I can find only the old, obsolete version of the year 2006 on that site.

--

Maestro

[Time Traveller]

Thanks for that Maestro. I'll inform the result after I go back on Monday.

[Mario2008]

You can find it here on the immigration police website:

http://www.immigration.go.th/nov2004/doc/RTP777_2551.pdf

[Maestro]

I had a feeling you would find it, Mario. Guess I'll have to go to Uttaradit and take lessons from you

Saved the link now in my folder \Laws\Thailand\Immigration. If someone has to give a link to this police order to an immigration officer it is probably better to give the link to the immigration website rather than the thaivisa.com site. It is strange how some immigration officers do not have a copy of this document in a drawer of their desks.

--

Maestro