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New Changes In All Non-Immigrant Visas


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A copy of House Deeds for residence is a little extreme,

bearing in mind the law about foreigners owning property.

I hope a rental agreement will also suffice.

And another "Not legally allowed" option in section "Imm-O" was:

Volunteer work for a recognised charity

Evidence required: Suitable letter from charity.

If you read the Thai Immigration website, it says that Voluntary work is not allowed unless you have a work permit, which needs a B visa for the WORK PERMIT.

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Just a small-ish point, but with regard the getting an 'O' as a UK pensioner, and needing to show the OAPension being paid through the bank account - I'm (just) a pensioner, but have taken the option of leaving the weekly cash with the UK government for as long as I can manage ( so-called 'deferment of pension'), so there's Zero going through my bank account from the Uk pensions people even though I'm 4 months into pensionhood. I wonder if a simple Pension Forecast letter from Newcastle will make the Hull folks happy.

I'm not sure if I can be of any help to you because I'm from Canada, not the UK so circumstances my be different.

I've been extending the same 3mo Non-O visa for 4 years using my pension as source of income supporting my daughter (a Thai citizen). For the financial requirement to extend a Non-O visa supporting a Thai you have two options to choose from: 1) provide proof from a Thai bank that you have at least 400,000 baht savings. 2) provide proof that you are receiving at least 40,000 baht per month from your pension plan.

Obviously option 2 is the best because leaving money in your pension plan as long as possible until you actually need it will generate more interest on your remaining funds. Having 400,000 baht in a Thai bank that doesn't pay interest to foriegners is just plain stupid.

When my visa comes up for renewal I calculate how many Canadian dollars (at the current exchange rate) per month I require to slightly exceeding the 40,000 baht minimum, which this year amounted to $1,400 Canadian. I then contact my pension organization and request that my monthly payments be ajusted to $1,400 Can and please provide an email confirming this as my montly pension payment.

Once I have received the email confirmation that I receive $1,400/mo I then take this email to the Canadian Consulate and request an affidavit to provide to the Thai immigration. This costs 1,500 baht but it may be different for the UK. The Canadian Consulate has a pre-printed form made specifically for this purpose so I would imagine the British Embassy has the same.

When filling out the form I use the baht amount (43,000 baht) and not the Canadian amount ($1,400 CAD). This will protect you if there are any big deviations in exchange rates during your visa extention process. If you use your home currency instead of baht, the immigration officer will waste about 10 to 15 minutes calculating and recalculating the exchange hoping that the calculator will eventually show a figure below the minimum 40,000 baht. Believe me it's happened to me twice.

In my case I have a flexable pension plan whereby I can request as much or as little as I want, at any time. If your pension is fixed you'll just have to pray that the exchange rate for the Pound Sterling remains strong, and your monthly payment exceed 40,000 baht a month.

I hope this helps.

Edited by TimTang
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If you are already in Thailand, is applying for a one year "Extension of Stay" based on retirement an option? Then there would be no need for a new visa, or to leave Thailand.

Yes!

You can get an extension of stay every year, unless the immigration laws change; and they DO!

In order to qualify you need to provide proof that you have maintained a balance of at least 800,000 baht in a Thai bank for a minimum of 3 months prior to your application for extension.

I'm not sure if there is an option for a minimum monthly income, like there is for supporting a Thai. Perhaps someone more knowlegable about Non-O pension visas can clarify.

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Category “O” (this type of visa does not allow employment without a valid work permit): Volunteer work for a recognised charity

You may assume that the RT Hull Consulate's definition of a 'recognized' charity is one where the local labor officials are well aware of that charity's volunteer policies whatever those policies may be.

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Now I seee, now wonder phuket is over run with Brits.... Easy Visa rules. Look, nothing new for others.. Stop whining and get with the program. The BIG proble with long stay visas is the cheats. They make it tought for the real honest people to move ahead....

Me, I have always been well within the limits.... Got another extension of stay and multi reentry permit recently.. took 30 min total.. I deid have all my stuff and I am in order.

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If you are already in Thailand, is applying for a one year "Extension of Stay" based on retirement an option? Then there would be no need for a new visa, or to leave Thailand.

Yes!

You can get an extension of stay every year, unless the immigration laws change; and they DO!

In order to qualify you need to provide proof that you have maintained a balance of at least 800,000 baht in a Thai bank for a minimum of 3 months prior to your application for extension.

I'm not sure if there is an option for a minimum monthly income, like there is for supporting a Thai. Perhaps someone more knowlegable about Non-O pension visas can clarify.

The requirement is two months for first such extension of stay and 65k per month income in Embassy letter or a combination of income and bank account to meet 800k per year can be used.

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Maybe I am missing something but I don't understand the 'O' visa categories of residence (copy of house deeds required) or volunteer work for a charity. There is no longer any type of visa that requires investment in property or other assets since the B3m investment visa was scrapped and surely they must mean condo not house, unless it is a rouse to get illegal foreign land owners to declare themselves for prosecution. Volunteer work for a charity is classified as work requiring a work permit under the Working of Aliens Act. So wouldn't that require an B visa or an O extension based on marriage to a Thai national?

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Maybe I am missing something ... What you are missing is that 'recognized' charities especially those under Royal Patronage have a whole lot of clout and employ large numbers of Thai citizens in addition to any alien volunteers on hand.

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In response to a message from "Jobsworth" - Yes you do now need something from your accommodation provider stipulating where you are staying and for how long. I have a 1 year condo lease agreement which I scan/copy and include with my O visa application. For anyone without such an agreement you DO need to get something from the owner/landlord where you are staying.

If you are effectively sub-lettiing from a friend and/or staying in his/her house, then a letter from them confirming you are staying there (signed by them) together with a copy of THIER lease agreement/ownership document is OK. One of my friends has just done this. He is staying with his friend and the house is being rented in the name of his friends girlfriend... As she is the one named on the lease, she provided a letter to say he was staying there, together with a copy of the lease agreement with her name on it - the two together were accepted by Hull 28.12.2010 under the new regime.

Hull require some kind of 'proof' that you have your accommodation in Thailand sorted for your stay. You do NOT need to be the official lessor or owner of said property. For hotel/guesthouse stays, anything on their headed paper confirming that you stay there is sufficient.

Everyone needs something to stipulate their proposed address whilst residing in Thailand. Hull still seem relatively relaxed about what you provide but do now insist on you providing something! I would suggest everyone arranges some type of letter/agreement (even if merely an informal written agreement from a Thai lessor/owner) and this shows Hull you have your accommodation sorted. Providing something will expedite your application and show Hull you are aware of the new rule - They're pretty cool and will not cause problems if they can avoid them.

I still think that if you have had an O visa (multi entry) in the past without problem they simply 'rubber stamp' your new one and turn everything around for you very quickly...

Andrew

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although when i went to hull to get mine i said i was visiting friends, i noticed from the regulations posted on the walls that you can not legally participate in any type of courses (thai language, mai thai, massage, cooking etc) however short on a tourist visa, so you should apply for a non immigrant type O if you intended to do these, this is not full time study so could not get student visa, i guess you would need letter or info of course and of course this could have changed but it's worth a check with them,

i tend to rent places after i get there so dont have rental agreement or tabian ban copy in advance

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although when i went to hull to get mine i said i was visiting friends, i noticed from the regulations posted on the walls that you can not legally participate in any type of courses (thai language, mai thai, massage, cooking etc) however short on a tourist visa, so you should apply for a non immigrant type O if you intended to do these, this is not full time study so could not get student visa, i guess you would need letter or info of course and of course this could have changed but it's worth a check with them,

i tend to rent places after i get there so dont have rental agreement or tabian ban copy in advance

You can study on any kind of visa and even without a visa (visa exempt entry).

Of course if your purpose of going to Thailand is to follow a course an ED-visa would be more in line with the purpose of your visit. But it is in no way illegal to follow a course without having an ED-visa.

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Maybe I am missing something ... What you are missing is that 'recognized' charities especially those under Royal Patronage have a whole lot of clout and employ large numbers of Thai citizens in addition to any alien volunteers on hand.

The Working of Aliens Act provides no exemption for those working for charities. Those working for charities with or without pay need a work permit and should therefore be on a visa that permits working. If they work for influential charities, their employers should have no problem obtaining work permits for them. The penalties for working without a work permit are up to 5 years in prison and a B100k fine which can be followed by deportation and blacklisting.

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The Working of Aliens Act you say (2008 BTW) ... I guess that even though they have been in existence since 1922 the esteemed Consul at RT Hull must have been unaware of such recent Legislation when they were formulating their Visa policy ... They would be most likely be delighted to have you notify them and advise of of such changes since 1922.

Please contact and explain to him just what is what:

Mr. Alan Taylor, Hon Consul of Thailand at Hull

http://www.thaiconsul-uk.com/contact.aspx

BTW2: You may also note that at the end of the above mentioned Act there are provisions as to whom the above Act does not apply including certain work for international agencies, etc. ... quite possibly the RT Consulate at Hull is aware of such exceptions and includes them in their definition of 'recognized' ... however, such interpretations are above my pay-grade.

Edited by jazzbo
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The Alien Working Act does not apply to members of diplomatic or consular delegations and certain related persons, certain persons related to the United Nations, certain persons working in Thailand

pursuant to an agreement between Thailand and a foreign government or international agency, certain persons stipulated by Royal Decree and certain persons authorized by the Council of Ministers.

courtesy Chaninat and Leeds

Maybe as regards 'recognized' charities the Honorable Consul Mr. Taylor has made arrangements of which I and most likely yourselves are unaware...

from the Hull website:

The present Consul, Mr Alan Taylor, was appointed in 1980.

The main roles of the Hull consulate are:-

B) to endeavour to provide accurate information to all enquirers;

All constructive comments on how we can improve our services are always welcome.

Edited by jazzbo
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If you are already in Thailand, is applying for a one year "Extension of Stay" based on retirement an option? Then there would be no need for a new visa, or to leave Thailand.

Yes!

You can get an extension of stay every year, unless the immigration laws change; and they DO!

In order to qualify you need to provide proof that you have maintained a balance of at least 800,000 baht in a Thai bank for a minimum of 3 months prior to your application for extension.

I'm not sure if there is an option for a minimum monthly income, like there is for supporting a Thai. Perhaps someone more knowlegable about Non-O pension visas can clarify.

Thanks, but I'm well aware of the requirements for extensions of stay, I was asking if that would be an option for that particular gentleman. Retirement is 800K in the bank, or 65K per month, or a combination of the two.

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A registered charity is a charity that is legally registered as such, nothing more.

I agree that a lot of charities will not have their office raided by immigration or labour officials to have their volunteers checked for work permits. But to say that they don't need a work permit is totally false information.

Volunteering without a work permit is subject to a jail term of up to 5 years and or an fine of 100,000 THB.

You only for example to have to drive a car as a volunteer and be involved in an accident and be in a lot of problems.

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Maybe I am missing something but I don't understand the 'O' visa categories of residence (copy of house deeds required) or volunteer work for a charity. There is no longer any type of visa that requires investment in property or other assets since the B3m investment visa was scrapped and surely they must mean condo not house, unless it is a rouse to get illegal foreign land owners to declare themselves for prosecution. Volunteer work for a charity is classified as work requiring a work permit under the Working of Aliens Act. So wouldn't that require an B visa or an O extension based on marriage to a Thai national?

You are mixing up extensions and visas, the "B3M investment visa" was not a visa but a criteria for extension of stay.

Sophon

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But to say that they don't need a work permit is totally false information... So as per their policies as posted on their website you are suggesting the the RT Consulate at Hull and Consular Mr. Taylor are dispensing false information as to Volunteering at a 'recognized' charity without specifying that a WP3 Form is required prior to issuance of Non-IMM visa ... Fine -- they solicit such constructive comments on their website.

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But to say that they don't need a work permit is totally false information... So as per their policies as posted on their website you are suggesting the the RT Consulate at Hull and Consular Mr. Taylor are dispensing false information as to Volunteering at a 'recognized' charity without specifying that a WP3 Form is required prior to issuance of Non-IMM visa ... Fine -- they solicit such constructive comments on their website.

Exactly where on the web site does it say that no work permit is needed for volunteering?

The Thai consulates issue visas not work permits, so unless it is specifically stated somewhere on their web site that no work permit is needed for volunteering, I don't think is is reasonable to make the conclusion that you can volunteer without one, just because Hull doesn't state that you need one. A consulate cannot be expected to have sufficient knowledge about labour matters to be used as a reference for when a work permit is or isnt needed.

And it wouldn't be the first time that consulates gave incorrect information about work permits or extensions of stay. When you need information go to the authority within whose perview the matter falls.

Sophon

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Following on on Mario's comment above, it's also always been my understanding that doing any kind of volunteer work here (though there may be some limited exceptions as mentioned by Jazzbo) requires a work permit...certainly the kind of volunteering most expats would be likely to do.. helping at schools and such.

There's no relation between the issuance of a visa, which comes from a Thai consulate, and the issuance of a work permit inside Thailand, which comes from labor officials. The two are handled by two entirely separate agencies of the Thai government. The issuance of a B business visa alone, for example, doesn't alone entitle one to work, although on the flip side, working is generally prohibited under O retirement visas and extensions.

I guess it's certainly the case that some expats do various kinds of volunteer work without getting a work permit. And if they don't get caught, then there's no problem. But in doing so, in most circumstances, they're breaking the law and risking the kind of penalties mentioned above. All it takes is one disgruntled employee in the place where the person is working to file a complaint, and everything could soon unravel. That's not the kind of risk I want to take as repayment for altruistic volunteering.

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from Hull website which makes no mention of WP3 or Letter from Labor Ministry prior to issuance of Visa:

Additional Information for Non-Immigrant "O" Visas

Volunteer work in Thailand ...needs to apply for a Non-Immigrant Category "O" Visa with Single Entry or Multiple Entries before leaving the UK. This category of visa prohibits any paid employment.

To undertake volunteer work for a registered charity: Letter from registered charity

... I am not offering my opinion -- I am just trying to decipher what is posted on a Royal Thai Consulate website which a few months ago was deemed as 'confusing' ... and Hull seems pretty coy as to just what are their parameters for a 'recognised' charity which may not be the same as a 'registered' charity.

Edited by jazzbo
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I don't think it's (legally) significant, but can you spot what's missing from the second of my Non-Imm. 'O's from Hull...

visa.png

Hi

"Employment Prohibited"

Maybe they forgot a stamp.

Thanks to sub101uk and 121Advice for recent posts, useful to know.:)

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Employment is not prohibited but it serves as a warning that the visa does not allow work - a work permit would have to be obtained. It is sometimes stamped and sometimes not. I was asked if I wanted the stamp or not some 18 years ago so nothing new.

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But to say that they don't need a work permit is totally false information... So as per their policies as posted on their website you are suggesting the the RT Consulate at Hull and Consular Mr. Taylor are dispensing false information as to Volunteering at a 'recognized' charity without specifying that a WP3 Form is required prior to issuance of Non-IMM visa ... Fine -- they solicit such constructive comments on their website.

To be honest I couldn't care less how Mr Taylor runs his business and I am not planning to visit his website. Hull is an insignificant city in the UK that could easily survive without an honorary Thai consulate and I can't imagine why the Thai Ministry of Foreign Affairs ever felt the need for diplomatic representation there. I can think of several British cities that ought to be higher priorities and I can only imagine that most of Hull's visa business is conducted by mail that could just as easily be addressed to the Thai Embassy in London. I also can't understand why the ministry doesn't set uniform standards for visa issuance for its consulates all over the world.

Like anyone else Mr Taylor is welcome to read the Working of Aliens Act and, if he feels that the wording of it exempts foreign charity volunteers in Thailand from having work permits, if they plan to work for charities with the right connections, as you suggest, he should of course advise his customers accordingly.

Edited by Arkady
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The basic problem is that there is no visa catagory for a person that is under 50, moderately financed, and wishes to spend their money in Thailand for most of the year. The United States issues 10 year tourist visas with stays up to six months per entry. The Thais give you a sixth month visa good for two months+1 per entry...yay.

Try getting a 10 year tourist visa if you're a Thai or Filipino? A Filipino can get a tourist visa for Thailand with no supporting paper work in one day from many consulates.

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