Spouse Visa For Foreign Female

[canuckamuck]

My friend needs to apply for a visa based on marriage to Thai national and wants to know what documents she will need to bring to immigration.

Anyone have a list?

[lopburi3]

Believe if talking about Immigration you are asking about one year extension of stay. Husband, marriage certificate, marriage ledger entry and her passport, arrival card. Normal TM7 request for extension and 4x6cm photo taken within last six months and 1,900 baht filling fee. Husband will need his ID and home register and may be asked for employment information. Not sure if photos inside and outside of home will be required but good to have and of marriage if you have. Best to do early as no list is always complete and there are frequent minor changes from place to place and person to person.

[canuckamuck]

My friend says thank you very much

[Preman]

When applying for a spousal visa, - my experience in Chinag Mai was, as follows.

I have been married for several years and this is my third year on a retirement visa, - which as you you know, - you have to either have 800,000 in the bank or proof of a steady income stream from overseas. In my case, I furnished bank account statements showing at least 18 million baht inflow over the last few years.

Now, what is astounding to me. That gets me my retirement visa every year - no problems.

But when I asked if I could obtain a spousal visa, - the answer was yes. But first you must set up a joint bank account and deposit 400,000 baht into that account

and leave it there for a minimum period of two months.

I had to think about the logic behind this requirement. Then I realized that many farangs in the past have just done bogus marriages to stay in Thailand longer.

However, I think that immigration should not be so rigid on that rule if someone is producing the necessary financial proof etc etc.

I am conveying my own story, - so as to inform you that you may also be required to have had 400,000 in a joint bank account for two months.

[Madivad]

For a foreign woman married to a thai man, I'm pretty sure there's no financial information required (since its up to him to support her). The only time a spouse needs to provide financial stability is for foreign men to show they can support their thai partner

[Preman]

How sure are you? This was a direct first hand experience I had.

It is so much harder to satisfy immigration (on the financial requirements) for obtaining the retirement visa.

My point in the above post - was that - despite the fact that I had many millions of baht income over the last year (from overseas), and had the bank statements with me, - and a letter from the bank,

and the fact that my wife accompanied by our two children were sitting in front of the immigration officer with me, - with all birth certificates, marriage certificates and bank statements, - they still insisted that we had to set up a joint bank account and deposit 400,000 baht and leave it there for two months, - then come back.

I would suggest - that a foreign woman - with a Thai national man - who - normally does not earn a lot - may in fact find that - unless the Thai man has a good business and a very good income, - it may be just the same.

My post was to just convey my own experience. I sincerely hope that it is easy for others.

Of course, - I complied. But, I just find it incredible that those requirements were actually less than what I had already fulfilled to obtain the Retirement Visa, - yet they pressed the re-set button again.

For a foreign woman married to a thai man, I'm pretty sure there's no financial information required (since its up to him to support her). The only time a spouse needs to provide financial stability is for foreign men to show they can support their thai partner

[martspec]

That is interesting! When I tried to open a joint bank account or get my name added to my wife's account I was told I could not and when I tried to get my name on a loan my wife has and get English statement so I could deduct interest from my US taxes the bank told me no. I also tried to get my name on electric and water bills and sat TV and CAT bills so I could prove to IRS that I was providing 50% + support they all told me no!

When applying for a spousal visa, - my experience in Chinag Mai was, as follows.

I have been married for several years and this is my third year on a retirement visa, - which as you you know, - you have to either have 800,000 in the bank or proof of a steady income stream from overseas. In my case, I furnished bank account statements showing at least 18 million baht inflow over the last few years.

Now, what is astounding to me. That gets me my retirement visa every year - no problems.

But when I asked if I could obtain a spousal visa, - the answer was yes. But first you must set up a joint bank account and deposit 400,000 baht into that account

and leave it there for a minimum period of two months.

I had to think about the logic behind this requirement. Then I realized that many farangs in the past have just done bogus marriages to stay in Thailand longer.

However, I think that immigration should not be so rigid on that rule if someone is producing the necessary financial proof etc etc.

I am conveying my own story, - so as to inform you that you may also be required to have had 400,000 in a joint bank account for two months.

[Preman]

I am with Kasikorn Bank. Had no problems opening a joint account. Prior to that - I had a personal account, but then when I was advised I needed a 'joint account',

it took no more than 20 minutes to set up.

[Preman]

Oh, I did not address your other comments.   I have my electricity, water, and all telephone accounts in my own (foreign) name.<div><br></div><div>What type of visa are you on?   Also my car lease with Toyota is in my my own name..</div><div><br></div><div>If you you are on a visa that is subject to change - i.e. - less than a year, - then yes, - you are going to encounter problems.</div><div><br></div><div>If you have a history of stay here, most of the utilities and financial groups will be OK - providing you can show bank statements etc.</div>

[Madivad]

How sure are you? This was a direct first hand experience I had.

still trying to find the reference...

It is so much harder to satisfy immigration (on the financial requirements) for obtaining the retirement visa.

My point in the above post - was that - despite the fact that I had many millions of baht income over the last year (from overseas), and had the bank statements with me, - and a letter from the bank,

and the fact that my wife accompanied by our two children were sitting in front of the immigration officer with me, - with all birth certificates, marriage certificates and bank statements, - they still insisted that we had to set up a joint bank account and deposit 400,000 baht and leave it there for two months, - then come back.

I would suggest - that a foreign woman - with a Thai national man - who - normally does not earn a lot - may in fact find that - unless the Thai man has a good business and a very good income, - it may be just the same.

but this is where I'm pretty sure it's different. Foreign man (or woman) for a retirement visa, need this financial 'backing' as does a foreign man married to a thai wife. But I'm quite certain it doesn't exist in the reverse, ie thai man married to a foreign woman... I'll get back to this shortly.

My post was to just convey my own experience. I sincerely hope that it is easy for others.

BTW my post was not to say you're wrong or anything, just that it's different circumstances for thai man married to a foreign woman as opposed to a foreign man married to a thai woman...

I should have a reference for you shortly if someone else hasn't already put it there... Or I'll be profusely apologizing for my erroneous post!!!

[Madivad]

Although not an official reference, have a look here:

http://www.sunbeltlegaladvisors.com/Thailand-Marriage-Visa.php

In the case of a foreign woman with a Thai husband the income requirement does not apply so no bank letter, bank book or guarantee letter is needed, but the husband must produce proof of payment of personal income tax in addition to the other documents. Additionally, as the husband is requesting his wife be allowed to stay with him in Thailand a personal interview is conducted by the Immigration officer and he fills out a separate form.

Type Criteria

2.18 In the case of a family member of a Thai (applicable only to parents, spouse, child, adopted child or child of his/her spouse): Permission will be granted for a period of not more than 1 year at a time.  

(1) The alien has obtained a temporary visa (NON-IM)

(2) Proof of family relationship

(3) In the case of a spouse, the marital relationship shall be de jure (legitimate) and de facto;

(4) In the case of a child, adopted child or child of his/her spouse, the said person must not be married, must be living with the family, and must be less than 20 years of age; or

(5) In the case of a parent, one of parents must have an average annual income of not less than 40,000 baht per month or a money deposit of not less than 400,000 baht for expenses within a year. In other necessary circumstances, The Immigration Commissioner or Deputy of Immigration Commissioner may approve on case to case basis.

(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.

4, 5 and 6 do not apply because 4 is in the case of children (she's just after a direct marriage visa, no strings); 5 is in the case of a parent of a thai child therefore needs to show they can support the child; and 6 is in the case of a foreign man with a thai lady. 

There is a thread related to it in the forums here, with a full translation of the police order 777/2551, but no reference to a thai man/foreign woman in the first page at least. Here: http://www.thaivisa.com/forum/topic/227532-new-regulations-for-extensions-of-non-immigrant-visas/

I have seen a reference to it both here and on one of the thai embassy websites (just thinking now, might have been Aussie site), but either way, she has no need for him to show income in her application. I did read that he will have to attend and make a statement, but other than that, there seems to be no requirement for finances (at least on her part - but likely on neither)

 

[lopburi3]

1. I did not provide financial information as for a male as this was a woman - it does not apply.

2. The reason a retirement may fly but a Thai Wife be questioned (require exact requirements be met) is that retirement is a local decision but Thai wife requires it be approved in Bangkok (and nobody wants to make an error).

[Preman]

Wow, - thank you for your research. It means that the woman immigration officer had her own twist on the actual law - for my case.

She insisted on the 400,000 bhat deposit - and yet it says - or a minum of 40,000 baht per month - which I already had - in order to qualify for my retirement visa and had the statements there gaian to show her at the time.

It just goes to show, - the individual officers - are prone to whatever mood they may be in on the day!

[lopburi3]

For retirement the requirement is 800k/65k or combination regardless of being married or not. Only if using Thai Wife extension would the requirement change to 400k for period of time or 40k (as stated in Embassy letter or proof of local income). You did not qualify from your posting above as it was overseas income which must be on Embassy letter (and by law could be subject to tax if you bring into Thailand in year earned).

[canuckamuck]

Wow, - thank you for your research. It means that the woman immigration officer had her own twist on the actual law - for my case.

She insisted on the 400,000 bhat deposit - and yet it says - or a minum of 40,000 baht per month - which I already had - in order to qualify for my retirement visa and had the statements there gaian to show her at the time.

It just goes to show, - the individual officers - are prone to whatever mood they may be in on the day!

Preman, are you male or female?

the financial requirement applies to males only, my OP was a request for information regarding female foreigners.

[Preman]

Wow, - thank you for your research. It means that the woman immigration officer had her own twist on the actual law - for my case.

She insisted on the 400,000 bhat deposit - and yet it says - or a minum of 40,000 baht per month - which I already had - in order to qualify for my retirement visa and had the statements there gaian to show her at the time.

It just goes to show, - the individual officers - are prone to whatever mood they may be in on the day!

Preman, are you male or female?

the financial requirement applies to males only, my OP was a request for information regarding female foreigners.

Of course, - I am male. Read my posts again. I said that I was sitting with my wife and kids with immigration.

My point in the original post was that I produced all of my Embassy letters and bank statements each year in order to fulfill the retirement visa requirements.

Yes, - 800K or a minimum of 65K a month. I more that fulfill those requirements. I have never had a problem with the retirement visa and processing. In fact, usually no more than half an hour.

Yet, it seems that the spousal visa is subject to more scrutiny. When I wrote my original post, - I just assumed that my own experience would apply to all foreigners. I was just trying to forewarn your friend. However, after reading the replies, - I understand now that it is different for a Thai man - seeking a spousal visa for his foreign wife.

Thank you all, - for the information. I do not understand why the Thai law differs so much between male / female.

But, I am not even going to try and figure that one out. I am learning (slowly) .. just have to accept and comply with what they ask.

The more one opens their mouth and tries to impose western logic / reasoning, ... the situation (whatever it my be) - will no doubt get worse. Better to put the head down and just comply.

[Preman]

1. I did not provide financial information as for a male as this was a woman - it does not apply.

2. The reason a retirement may fly but a Thai Wife be questioned (require exact requirements be met) is that retirement is a local decision but Thai wife requires it be approved in Bangkok (and nobody wants to make an error).

Thank you for the explanation. Much appreciated. I was totally unaware that there was different rules for the male / female.

Yet, another thing that astounds me, - but I accept and learn!

[Lite Beer]

Yep. Just one example of how Thailand discriminates against women, but that's another story and one that has been discussed here many times in the past.

[Madivad]

Thank you all, - for the information. I do not understand why the Thai law differs so much between male / female.

But, I am not even going to try and figure that one out.

I know you said you're "not even going to try and figure that one out" but just putting in my opinion, however unfounded... I believe the requirement for foreign men to provide financials is based on the fact that it is a mans responsibility to provide for the wife and family. Since it's hard for a foreigner to work here they want to see thatbyou can do it by savings in the bank, or an income. Foreign women aren't required to do this because it is the responsibility of their thai husband to support them.

However the reality turns out, I believe the requirements are based on some archaic notion of man providing for woman. Hence women do not need to provide financials. And before I get shot down for that "archaic" statement I simply mean that in today's society (in many western cultures at least - if not Asian as well), it is a joint responsibility often with both partners working to provide for the household and not merely the male.

Anyway, that is why I think it is the way it is. I'm not saying I agree or disagree with it

[sbk]

Thats why the thread is about foreign women with thai husbands, preman.

The idea that the Thai husband has nothing to show is incorrect. Personal income tax must be paid.

The thing most guys fail to grasp here is that the man is the legal head of the family in Thailand and it is his responsibility to take care of his family as Madivad rightly points out (according to Thai law). As such, if he is Thai then he requests that his wife be allowed to stay with him in Thailand.

Requirements on my last extension were (2 copies of everything):

2 photos

all thai visa stamps and ID page in the passport

arrival card

marriage license (in thai-english or other language marriage licenses have to be translated and approved by the MFA I believe)

marriage ledger (this was new for me this year)

id card of husband

house registration of husband

personal income tax receipt of husband

photos (first year for this too)

hand drawn map to house (again first year for this)

application form and fee

The husband must accompany the wife and will be interviewed separately.

[Lite Beer]

As such, if he is Thai then he requests that his wife be allowed to stay with him in Thailand.

Whereas a Thai Woman has no right to do this.

[sbk]

As such, if he is Thai then he requests that his wife be allowed to stay with him in Thailand.

Whereas a Thai Woman has no right to do this.

the man is the legal head of the family

[Preman]

As someone rightfully pointed out (above), it is not just Thailand - where the prevailing thinking is that the 'man' is the the superior species. <div>The word "achiac" was used. ;Quite appropriately, ... because this ingrained psyche in nearly all countries - is just that... "archiac".What surprises me however, in the case of Thailand and many other countries, - it is actually legislated into law in many areas - including the current point of discussion, whereas if a western government dared to venture into this area, - there would be major repercussions politically. Well this thread started out with a simple question, - but we discover yet again - that women in Thai society are .... on the surface discriminated against. However, ... just like most countries in this world.... women do indeed influence the psyches of their men, ... and in a lot of cases cases ..... even control them. Equality between the sexes has already been achieved ...... maybe on a subliminal level for now.... .

[jaiyen17]

Is there a certain amount of "personal income tax" he has to show? a magic #. Does it make a difference if he has a 12 year old daughter to support. My fiance is a balloon artist. A very talented one, but a freelance worker. We met on a circus project on the Burmese Border. If he hasn't been paying taxes, what should we do to get him current and what is the minimum amount he has to claim. I read somewhere that if you make less than 150,000 baht a year you are exempt. Most of his money goes to his daughters education and helping out his parents. Will we have problems getting a one year extension on a non-immigrant 0? Any help here would be appreciated. And please...everyone realize I am asking about a Thai Man marrying an American woman. The laws are different for women marrying Thai Nationals than Men marrying Thai nationals. So men... I already know what you need to go through to get extension of stay....and don't need to hear it again. With that said advice with this tax issue for my "male" thai fiance would be so very helpful...and as always... thank you Thai Visa! I've been researching this all day and getting nowhere!

[mike123ca]

If I understand this correctly, a foreign female can stay in the country, her Thai husband only has to pay income tax.

Then they are eligible for extension of stay.

Why don't they offer the same deal to foreign men married to Thai women.

My 2nd question is what happens when a Thai man stops working or retires and no longer pays tax, does his wife have to leave the country.

Does the foreign wife have to put 800,000 baht in the bank and get the retirement visa.

[jaiyen17]

Lopburi or SBK... you two out there? Hoping you can answer my above question....

Is there a certain amount of "personal income tax" he has to show? a magic #. Does it make a difference if he has a 12 year old daughter to support. My fiance is a balloon artist. A very talented one, but a freelance worker. We met on a circus project on the Burmese Border. If he hasn't been paying taxes, what should we do to get him current and what is the minimum amount he has to claim. I read somewhere that if you make less than 150,000 baht a year you are exempt. Most of his money goes to his daughters education and helping out his parents. Will we have problems getting a one year extension on a non-immigrant 0? Any help here would be appreciated

I've been researching and researching this and can't find the answers on my own. Thank you so much in advance!!

[lopburi3]

I do not know of any set requirement for Thai male and do not believe there is one. The expectation in Thailand is that a foreign female will remain in Thailand with a Thai husband and that a foreign male would take Thai wife to home country so requirements are set on that basis. Believe you will have to check the immigration office you will be using to be sure of requirements.

[jaiyen17]

Thank you Lopburi... so.. it's pretty much that he has to have filed taxes...but doesn't matter if he's had to pay any? From what I've read Thai's are exempt from paying taxes if their annual income is lower than 150,000 baht. As he's an artist and paid in cash he has no track record of employment history, at least for the last two years since he's gone freelance...any further advice? Are we going to run into this tax issue trying to get married or only if I apply for a year visa extension. As I'll be in and out of Thailand anyway, I don't mind applying for the multi-entry non-immigrant O outside of Thailand....

[lopburi3]

There should not be any issue getting married as that is a civil affair and financials are not a requirement. And I suspect extension will also not be a problem - and if it were the multi entry O would take care of it until a latter date. Also any entry can be extended 60 days if married to a Thai (although that costs 1,900 baht each time).

[sbk]

For extension, I think it depends on the officer, tbh, we show the income tax receipt every year but others have said they do not, if you can (and good luck with this if mine is anything to go by when it comes to dealing with bureaucracy) ask ahead of time.

You will need 2 copies:

your passport and all thai stamps in it / tm card

his ID card

his house registration

marriage license

marriage ledger (its a printout you need a new one each year- sorry can't recall the thai name)

2 photos of the two of you, in front of your house number is best (new applicants may need more)

draw a map to your house

You will need to fill out the application and then he will also be interviewed by the officer and must sign a separate document requesting that you be allowed to stay. Make sure he says he makes more than 40,000 a month, they dont' necessarily need proof of it.