Acceptable Source For 40k Family Income?

[PMK]

Hi,

I have a bit of an unusual situation in that we have sold some property and taken back a mortgage on it, so obviously the monthly payments consist of interest and principal. The interest is taxable of course, so we will pay that and have a receipt from the tax dept for it.

I'm sure immigration will accept the interest as income counting to the minimum 40K/month we need for my visa (married to Thai), but am not so sure about the principal. Any personal experience with this? And if not, opinions will do. :-)

Oh, also any thoughts on whether or not the 40K or 400K bank balance will change in the near future?

Thanks.

[lopburi3]

The requirement is 40k income of the person obtaining the extension of stay. Add that a foreigner can not own.

Have not seen any rumors of a change.

[InterestedObserver]

How is the interest 'your' income since you cannot own property in Thailand? Seems as though your wife has a mortgage on the property not you. You need 40k baht per month income from a job, savings or pension in your own name.

[Khonwan]

The OP said nothing about land: property on land can be owned by a foreigner therefore a lien could be put on such property by him in consequence of a mortgage provided by him on the “bricks and mortar”. Alternatively, the property in question could be a condo – no problems here. It may not even be located in Thailand (therefore may well include land).

As to whether such income (be it interest and/or repayment) can count towards the 40k alternative requirement…I’ve no idea. My guess is that the interest only would count. I would think that interest payments would be treated similar to any other investment return such as savings / pensions and would therefore be just as acceptable.

[lopburi3]

He said "we". That rules it out. End of game.

[PMK]

I am talking about the family income requirement when requesting a visa based on being married to a Thai - I don't know the actual designation of that kind of visa but it's the same one just about all the married guys have.

Family income. It does not have to be my personal income. Don't argue with me on this because I have successfully renewed my visa previously based on rental income of this same property! I think this family income alternative might just kick in after age 65.

Thanks.

[Lite Beer]

It has to be personal income. NOT family income. For Marriage Extensions of stay.

(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.

[lopburi3]

Don't argue with me

We were trying to answer you - the requirement is the money has to belong to you and you alone. This is a change and current requirement.

[dr_Pat_Pong]

I am talking about the family income requirement when requesting a visa based on being married to a Thai - I don't know the actual designation of that kind of visa but it's the same one just about all the married guys have.

Family income. It does not have to be my personal income. Don't argue with me on this because I have successfully renewed my visa previously based on rental income of this same property! I think this family income alternative might just kick in after age 65.

Thanks.

Hop on your elephant and get yourself to Immigration. You will quickly learn that they want to see YOUR money alone. Combined incomes are out these days. The rules changed. I recommend that

you mind your manners when dealing with the officer.

[mca]

I am talking about the family income requirement when requesting a visa based on being married to a Thai - I don't know the actual designation of that kind of visa but it's the same one just about all the married guys have.

Family income. It does not have to be my personal income. Don't argue with me on this because I have successfully renewed my visa previously based on rental income of this same property! I think this family income alternative might just kick in after age 65.

Thanks.

Every previous year I've extended my non-B using my wife's income. This year I can't. 40k a month (my salary only) or 400k in the bank (my bank account only).

[PMK]

MCA, how old are you?

Every previous year I've extended my non-B using my wife's income. This year I can't. 40k a month (my salary only) or 400k in the bank (my bank account only).

[jaiyenyen]

I have obtained a marriage extension several times based on our joint income. Last time, I was asked to sign a letter stating that the next time I applied for the marriage extension, I would have to show 40,000 baht PERSONAL income. I am 52.

[PMK]

Lite Beer,

Thank you. Do you know when the rule changed, and where are you quoting from? Is that an online source?

It has to be personal income. NOT family income. For Marriage Extensions of stay.

(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.

[Dave the Dude]

Lite Beer,

Thank you. Do you know when the rule changed, and where are you quoting from? Is that an online source?

It has to be personal income. NOT family income. For Marriage Extensions of stay.

(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.

What you have been quoted is true and current and that is how we all obtained an ext. based on being married to a Thai.

Unless you have a Flux Capasitor, what more do you need to know

Dave (51 3/4)

[lopburi3]

The source is Police Order 777/2551 dated 25 November 2551 and is available from pinned items at top of forum under useful information.

You do not say when your next extension of stay is due - if after 25 November there is probably little chance of an exception being made - if before that date officers have discretion to make an exception - but without clear income source it may be problematic - all you can do is try and be aware you should have an alternative in case it fails.

Currently a one year multi entry non immigrant O visa from KL should only require a show of about 30k in a bank account (in addition to normal marriage/id documents).

[mca]

MCA, how old are you?

Every previous year I've extended my non-B using my wife's income. This year I can't. 40k a month (my salary only) or 400k in the bank (my bank account only).

42

[Lite Beer]

Police Order November 25th 2008.

English.

Thai

[dr_Pat_Pong]

Hi,

I have a bit of an unusual situation in that we have sold some property and taken back a mortgage on it, so obviously the monthly payments consist of interest and principal. The interest is taxable of course, so we will pay that and have a receipt from the tax dept for it.

I'm sure immigration will accept the interest as income counting to the minimum 40K/month we need for my visa (married to Thai), but am not so sure about the principal. Any personal experience with this? And if not, opinions will do. :-)

Oh, also any thoughts on whether or not the 40K or 400K bank balance will change in the near future?

Thanks.

only the interest can be considered income.

[PMK]

Thanks for answering my question.

I find it is interesting that not one single person has commented on what I was told by the immigration officer about family income when the man had reached age 65 which was subsequently proved to be correct as I extended my visa on that basis (June 2008). How about you - any thoughts or experience with that?

only the interest can be considered income.

[mca]

What did you do in June 2009?

[lopburi3]

We have already told you the rules and where you can read them yourself. There is no change at any age. But at age 50 you can use retirement for your reason for extension of stay (but financial conditions will be higher).

[Lite Beer]

Yes. Nothing changes when you reach 65. Husbands money only.

[billd766]

Yes. Nothing changes when you reach 65. Husbands money only.

The only difference for me when I reached 65 in May this year was that when I got a Non Imm O visa extension and asked for the married one they gave me a retirement one.

And yes it was my money only.

Edited October 5, 2009 by billd766

[lopburi3]

But that was only because you had the requirements for retirement extension of stay (65k pension/income or 800k in account or combination meeting the 800k level). They do prefer the retirement as it lowers the investigation paper/foot work.

[Time Traveller]

For income from within Thailand, the only acceptable income is that derived from work. Therefore, you'll need to show at least work permit + either yearly personal tax statements or a letter from employer stating income plus monthly withholding tax statements.

You could try, but I was informed that no other income e,g. an investor / business owner / rental from investment properties is not acceptable. I suspect that most of the frontline immigration officers are not really that bright and can not understand how people can get an income from investments. Good luck trying.

[clinique]

Have you been to Immigration to ASK them what qualifies.?

I have never had a problem in 20+ years asking them questions openly and honestly. Even on occassion i have overstayed.

I find most officers go out of their way to help if they can.

Get to speak to a supervisor, they will tell you what to do. Get his/her name and ask them if its OK to come back to them to file the application - 9times out of ten i have had no problem with this approach.

When you have complied go back to THAT person.

BTW i have a friedn who gets income from amortgage/lien over a property (which is registered at the Land office, and Immigration accepted that.

Ask the people who will proces your paperwork, be friednly respectful and ask for their help.

[dr_Pat_Pong]

For income from within Thailand, the only acceptable income is that derived from work. Therefore, you'll need to show at least work permit + either yearly personal tax statements or a letter from employer stating income plus monthly withholding tax statements.

You could try, but I was informed that no other income e,g. an investor / business owner / rental from investment properties is not acceptable. I suspect that most of the frontline immigration officers are not really that bright and can not understand how people can get an income from investments. Good luck trying.

However does a retiree get a work permit let alone a salary in Thailand ?

[monty]

Thanks for answering my question.

I find it is interesting that not one single person has commented on what I was told by the immigration officer about family income when the man had reached age 65 which was subsequently proved to be correct as I extended my visa on that basis (June 2008). How about you - any thoughts or experience with that?

The above is correct. It was 5 months after your extension (based on joint family income) that they changed the rule that from then on (25 November 2008) the income has to be from the husband only!

[PMK]

Well, I've related my own experience about family income being used to qualify for a married-to-Thai visa in June 2008 and that I was advised in June 2007 that this was an option for spouses age 65 or above, and also the reasoning - that having reached that age I was not expected to work, but still should be able to stay with my family as long as at least 40K/month was coming into the family. I am quoting almost verbatim. Whether or it not it is a seldom used or mentioned, option. I do not know. I did not ask about options - this info was provided spontaneously. Perhaps the fact I have lived here almost 20 years had something do to with it being offered, - I don't know that either.

Just so it is absolutely clear, in June 2008 I did not show a bankbook or bank balance. I did show proof of a personal pension of 12k baht/month, and a tax receipt issued to the wife for taxes on 30K/month rental income. These were accepted without comment and I was subsequently issued my visa.

So if someone's response to my experience is "Read the regulations, there is no difference at any age", fine with me. Perhaps this info will be of use to someone else going through the archives in future.

We have already told you the rules and where you can read them yourself. There is no change at any age. But at age 50 you can use retirement for your reason for extension of stay (but financial conditions will be higher).

[mca]

PMK. What did you do come renewal this year? Did you extend using the criteria you quoted? June 2008 is not relevant. It's what happened this year that is. I extended in October 2008 using my wife's income. Now I can't.