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Retirement (Non Imm O-A) Visa Covers A Non-Thai Wife?


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Hi folks, I have spent an AGE reading all the good stuff on this helpful site, yet I find myself having a couple of questions that remain hazy.

I am British, aged 62 and currently resident in the Philippines under a 13A (Permanent) visa. My wife is 26 and a Filipina - we got married here in the RP. We live in Davao City, Mindanao. I am a website designer, working with UK clients, so can appear to be 'retired' but have another 3 years to go before I qualify for the meagre UK pension. We would both like to live in Thailand long-term and ship our household stuff over there. That's the background.

SCENARIO 1

It seems a Retirement (Non Imm O-A) visa would be the ideal way to go for me, as described on http://www.thaivisa.com/318.0.html. I can meet the requirement to lodge 800,000 baht in a Thai bank account and it seems I can apply in Bangkok. While I plan to visit the UK in about 4 years time, I don't really want to have to do that beforehand, just to get a Thai visa! The area that is unclear on the above page is the bit about the spouse ...

"In the case where the accompanying spouse is not eligible to apply for the Category 'O-A' (Long Stay) visa, he or she will be considered for temporary stay under Category 'O' visa. A marriage certificate must be provided as evidence and should be notarised by notary organs or by the applicant's diplomatic or consular mission."

Now does this only apply to Thai spouses, or would my wife be covered under this as well?

SCENARIO 2

If only a Thai spouse is covered - then it's back to the drawing board! What occurred to me today, is that there is NO point in me tying up 800,000 baht and getting a 1 year visa with an option to extend, if my wife is on another deal altogether. It's clear that I cannot sleep easily if she has to do ANY visa run without me being there - so we would both need to be on the same 'deal'. That seems more like a Multiple-entry Non Immigrant visa http://www.thaivisa.com/422.0.html. Then we both have to exit and re-enter at the same time every 3 months - still incredibly uncomfortable, but what can I do? I am also aware that we may be allowed to do this 3-4 times, but then it'll be "no thanks, go somewhere else". Not very practical if we have possessions in a rented property in Thailand!

I have emailed the ***** in the Thai embassy in Manila, since this needs to be arranged outside Thailand - but I doubt they will even reply! I see there are other options listed on http://www.thaivisa....-in-the-region/, but reports vary widely.

Anybody able to throw any light on Scenario 1, our favored approach.

Thanks

Adrian

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Getting a visa in the PI can be a headache. (You cannot apply for the visa in Thailand itself). it might be better to fly first to Kuala Lumpur or such for a short break and apply for a non-O visa for you and your wife there. For teh visa you might need to show the money in a bankaccount, but it doesn't have to be in a bankaccount in Thailand.

Once you have the non-O visa for you and your wife, you travel to thailand and open up a bankaccount. After 60 days the money its in there long enough to apply for an extension of stay based on retirement for your self. At the same time you can apply for an extension of stay for your wife as your depenend. For that the marriage certificateis enough.

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Getting a visa in the PI can be a headache. (You cannot apply for the visa in Thailand itself). it might be better to fly first to Kuala Lumpur or such for a short break and apply for a non-O visa for you and your wife there. For teh visa you might need to show the money in a bank account, but it doesn't have to be in a bank account in Thailand.

Once you have the non-O visa for you and your wife, you travel to thailand and open up a bank account. After 60 days the money its in there long enough to apply for an extension of stay based on retirement for your self. At the same time you can apply for an extension of stay for your wife as your dependent. For that the marriage certificate is enough.

Well that IS great news! I guess in hindsight a Thai-born wife would hardly need a visa for her own country! Jeez, that's obvious now I think more about it.

You have thrown up some interesting points, not least that I don't actually need to have the 800,000 in a Thai bank account (I thought that was mandatory). I was also told the bank account had to be in my sole name, not a joint names - that is not the case?

I cannot quite figure out the difference between a non-O visa and a non immigrant O-A retirement visa, other than that the first of those is available in both 3 month and 12 month versions, whereas the latter is 12 months only. So I guess the single entry 3 month non-O is easier to get for the 2 of us initially? We get that from KL or Penang (Manila is a waste of bloody time) and then enter Thailand with those.

After 60 days living in Thailand I provide some kind of evidence that the equivalent of 800,000 baht is/has been available in a bank account somewhere and apply for the non immigrant O-A retirement visa for myself, somehow including my wife as my dependent. That would give us both 12 months, with the likelihood of an extension of another 12 months after that, reporting to the immigration office every 90 days. Have I got that right?

After 2 years - is it commonplace for people to keep on extending on a year by year basis? Obviously the rules can change at any time, but what has people's past experience been?

Thanks

Adrian

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ukasianexplorer, it is important to understand the difference between visa and extension of stay.

The non-O visa (non-immigrant visa category O) is for travel to Thailand. To apply for this, at a Thai consulate, your money does not have to be in a bank in Thailand.

Once in Thailand, you apply for an annual extension of stay for the reason of retirement at your local immigration office, and your wife applies at the same time as your dependent. It is for this application for extension of stay that you need the money in a bank account in Thailand, in you name alone. Your wife does not need to show evidence of money in the bank.

It is an easy and straightforward procedure. Promptly after your arrival in Thailand, open a bank account and transfer the money into it, as it must be there at least two months before your application for extension. Then, during the last 30 days of your 90-day permission to stay, go with your wife to the immigration office for the application. I suggest that to put your mind at ease you go for a preliminary visit to the immigration office already soon after your arrival to discuss your plans with them and get information from them about the documents they require. Most immigration offices are very helpful and will be happy to advise you.

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"After 60 days living in Thailand I provide some kind of evidence that the equivalent of 800,000 baht is/has been available in a bank account somewhere and apply for the non immigrant O-A retirement visa for myself, somehow including my wife as my dependent. That would give us both 12 months, with the likelihood of an extension of another 12 months after that, reporting to the immigration office every 90 days. Have I got that right?"

Not quite, but you're getting there.

The 800k will need to be in an account in Thailand, in your name (only).

It sounds like you should forget about an O-A Visa. Get a 90 day O visa for each of you. Once here, open a bank account in your name, with the 800k, if you choose to use that method. The money needs to be there several months prior to extending the visa for a year.

Within the last 30 days of your permitted to stay date, you can apply for an extension good for a year. Once you have that, usually the same day, your wife can apply to extend her visa to match yours.

Unless the rules change, you can continue extending your stay yearly. Each year you will need the same supporting documents.

If you want to leave the country, make sure you get a re-entry permit that will keep your current permission to stay date alive.

Good luck.

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I am not sure KL will issue a non immigrant O visa to wife without you having an extension of stay for retirement in your passport (unless she is over 50 and thus able to qualify for retirement herself). She may have to obtain later as a separate step.

Non immigrant O-A means entry and one year extension of stay are pre-approved so you get on arrival - as said only from country of residence so not what you will be getting.

800k must be in Thailand if using that method and must be in your name only.

Once you obtain one year extension of stay wife can obtain matching extension of stay from a non immigrant visa entry and if stay in Thailand you both have to report address to immigration every 90 days and prior to travel obtain re-entry permit to keep your stay alive on return.

Personally do not understand why you would want to move to Thailand where your wife will be an outsider and not know the language and you will be, it seems, working illegally for at least a period of time and subject to more rules and controls than now. And then you also mention shipping HHE which is likely to be subject to tax payments.

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A non-immigrant O-A long-stay (retirement) visa can only be obtained from your home country or country of residence, not from within Thailand..

That's an interesting point, I have a Permanent visa for staying in the Philippines, so you would think I could just pop up to Manila and arrange the non-immigrant O-A long-stay (retirement) visa there. But this is the Philippines - so any expectation of anything other than incompetence and a "don't care" attitude is just a dream. Very bloody annoying! So we will need to make the trek to KL just because the Pinoys here are useless. Bah - that's only the tip of the iceberg and why we are so keen to escape from this 3rd rate ****hole.

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Personally do not understand why you would want to move to Thailand where your wife will be an outsider and not know the language and you will be, it seems, working illegally for at least a period of time and subject to more rules and controls than now. And then you also mention shipping HHE which is likely to be subject to tax payments.

The answer to that part of your (helpful) message is that the only reason that the Philippines is regarded as 3rd world - is that nobody has invented the 4th world yet! That's where the Philippines truly belongs! My attitude has changed 180 degrees during the 2 years I have lived here and I cannot wait to escape.

My wife is very capable when it comes to languages and already speaks several Philippine dialects, plus Cantonese and she is fluent in English. I expect she will pick up the language there too.

The standard of living in Thailand is much better than here (and cheaper) and your food is far better too. Public transport is far superior there - and once again much cheaper than here. There is not even ONE area in which I believe the Philippines is equal to or better than Thailand. I have also never met anybody who has lived here and then moved to Thailand - who would dream of moving back here. No way!

I think you can tell I have had enough of the RP :-)

Thanks

Adrian

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Ok - thanks to all here ... I think I have finally "got it". Here's my proposed plan of action.

1) Go to KL (possibly Penang) and obtain a 3 month single entry 'O' visa for both of us.

2) Upon entering Thailand, open a bank account in my sole name and deposit the 800,000 baht. I am guessing that probably ought to be in a savings account and I would open a separate checking account in our joint names for paying day-to-day living expenses.

3) Early in the 3rd month I apply for a 12 month non immigrant 'O' retirement visa for myself and also apply for a 12 month extension for my wife.

4) Providing we behave ourselves, these 12 month extensions are likely to be renewed every year, with no need to exit and return AT ALL. We both need to report to immigration every 90 days.

5) When we want to take a trip outside the country, we must both apply for exit/re-entry permits, so as to keep the extensions valid.

I think that's it?

Cheers everybody

Adrian

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Actually you now know one as I have lived in both countries and if my wife was from there I would be willing to live there. I agree the corruption index is at another level and in less developed areas the food choice would be limited but not everywhere in the PI is the same in that regard. You will not have permanent residence in Thailand so that is one area that you will likely find is less attractive and I suspect you will find many of the same kinds of things bug you here as there; but guess we all dream of greener pastures. Good luck.

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Actually you now know one as I have lived in both countries and if my wife was from there I would be willing to live there. I agree the corruption index is at another level and in less developed areas the food choice would be limited but not everywhere in the PI is the same in that regard. You will not have permanent residence in Thailand so that is one area that you will likely find is less attractive and I suspect you will find many of the same kinds of things bug you here as there; but guess we all dream of greener pastures. Good luck.

You can get a double entry tourist visa for you and your wife which would be good for 120 days with one visa run. When you arrive open the bank account and deposit the 800,000 Baht. After three months, you can change the tourist visa to a non O without leaving the country for the purpose of obtaining a retirement visa. Your wife can piggy back on your visa extension. Much cheaper than going to KL and taking a chance that they not issue a non O to your wife.

Barry

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Ok - thanks to all here ... I think I have finally "got it". Here's my proposed plan of action.

1) Go to KL (possibly Penang) and obtain a 3 month single entry 'O' visa for both of us.

2) Upon entering Thailand, open a bank account in my sole name and deposit the 800,000 baht. I am guessing that probably ought to be in a savings account and I would open a separate checking account in our joint names for paying day-to-day living expenses.

3) Early in the 3rd month I apply for a 12 month non immigrant 'O' retirement visa for myself and also apply for a 12 month extension for my wife.

4) Providing we behave ourselves, these 12 month extensions are likely to be renewed every year, with no need to exit and return AT ALL. We both need to report to immigration every 90 days.

5) When we want to take a trip outside the country, we must both apply for exit/re-entry permits, so as to keep the extensions valid.

I think that's it?

Cheers everybody

Adrian

-----------------------------

Sorry to qoute your post...but i wanted to comment on a couple of points...and my memory wouldn't handle it.

1. That is good...but if possible try for a double entry visa. I'm not sure if there is actually such a thing as a double entry non O visa...but if there is try to get it. That will give you more time to get what you need to do accomplished. Things take time to get done in Thailand like the Phillipines.

2. Open the bank account as soon as you can after you get to Thailand. The money will have to "age" in your Thai bank account for 60 days BEFORE you can apply for a retirement extension. It will also take time to get funds here from your bank account out of country to Thailand. So you see, you need open that bank account and start the funds transfer process as soon as you can if you have only a single 90 day entry. It can take more than 30 days to get funds transfered here from outside Thailand.

Opening a second account,even a joint account, for you and your wife is an excellant idea. It may not be required, but a joint account will show immigration that you are serious about both of you retiring in Thailand and therefore will make the immigration people happy when you wife applies for her retirement extension. It will help to establish your credability.

3. What you will be applying for is actually an "extension for the purposes of retiring in Thailand". many people refer to it as a reirement visa, but technically it is not a visa...it is a "extension of stay for the purposes of retirement in Thailand" on your actual current visa. At the same time that extension is given to you, your wife can "piggyback" on your extension and also recieve an extension.

4. Right

5. Right

And also, just let me add that you will also find "difficulties" here in Thiland getting things done with the government and the banks. It's just the way life is in Thailand also. I had to learn, and you and your wife probably will also have to learn, how to manage those things with at least half a smile. It is just a part of living here in Thailand.

:whistling:

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A two entry tourist visa from the Thai Embassy in Manila is not likely to be a good experience from most reports I have seen. And as the money only needs to be in account two months (for the actual extension of stay) there would be no need for a two entry visa.

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The standard of living in Thailand is much better than here (and cheaper) and your food is far better too. Public transport is far superior there - and once again much cheaper than here. There is not even ONE area in which I believe the Philippines is equal to or better than Thailand. I have also never met anybody who has lived here and then moved to Thailand - who would dream of moving back here. No way!

Thailand is not what it once was. The cost of living has dramatically increased in the last several years with real inflation, currency exchange rates and increasing crime rate all having a major negative impact. Interesting that you label the Philippines a 3rd world country and then choose to move to Thailand. Have you spent much time in Thailand, other than as a tourist?

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A two entry tourist visa from the Thai Embassy in Manila is not likely to be a good experience from most reports I have seen.

Yes, the reports are consistently bad. It's incredible that people are allowed to staff an embassy and seemingly be SO intent on being unhelpful and inefficient. That is their 'mission' it seems. That just mirrors other government departments - and the legal system is an international disgrace. Anyway, those are just some of the reasons that I am leaving shortly - never to return.

Adrian

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Thailand is not what it once was. The cost of living has dramatically increased in the last several years with real inflation, currency exchange rates and increasing crime rate all having a major negative impact. Interesting that you label the Philippines a 3rd world country and then choose to move to Thailand. Have you spent much time in Thailand, other than as a tourist?

Inflation has hit EVERY country, it's very obvious here in the Phils too. But I didn't really say the Phils was a 3rd world country, I said it should be labelled a 4th world country ;)!

It's true I have never stayed longer than a few weeks at a time in Thailand, but I can tell you that after living here (in 4 large towns/cities) for 2 years, Thailand IS a step up the ladder, even allowing for the language issues.

Cheers

Adrian

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And also, just let me add that you will also find "difficulties" here in Thiland getting things done with the government and the banks. It's just the way life is in Thailand also. I had to learn, and you and your wife probably will also have to learn, how to manage those things with at least half a smile. It is just a part of living here in Thailand.

:whistling:

That quote made me smile. I expect to meet many of the same challenges there as we currently do here - but I am hoping that at least it will be more efficient! The level of irrelevant paperwork and incompetency is hard to believe. But nobody challenges anything, nobody cares, 'customer service' is unknown. Bah - enough, I can feel my blood boiling again!

I need to focus on my escape, not dwell on WHY I want to escape! :annoyed:

Edited by ukasianexplorer
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A technical question. Each type of visa has a validity period, this is not the same as the period I am permitted to stay. It seems to be a period by which the 'offer' of acceptance for a visa at point of entry expires. So there may be a number of weeks from the time the visa is approved, to the date of entry into the country? Does anybody know what that period might be? I am principally thinking about the 3 month non-immigrant 'O' visa here.

Thanks

Adrian

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And also, just let me add that you will also find "difficulties" here in Thiland getting things done with the government and the banks. It's just the way life is in Thailand also. I had to learn, and you and your wife probably will also have to learn, how to manage those things with at least half a smile. It is just a part of living here in Thailand.

:whistling:

That quote made me smile. I expect to meet many of the same challenges there as we currently do here - but I am hoping that at least it will be more efficient! The level of irrelevant paperwork and incompetency is hard to believe. But nobody challenges anything, nobody cares, 'customer service' is unknown. Bah - enough, I can feel my blood boiling again!

I need to focus on my escape, not dwell on WHY I want to escape! :annoyed:

This should be interesting. Please report back to us after living in Thailand for a year.

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A technical question. Each type of visa has a validity period, this is not the same as the period I am permitted to stay. It seems to be a period by which the 'offer' of acceptance for a visa at point of entry expires. So there may be a number of weeks from the time the visa is approved, to the date of entry into the country? Does anybody know what that period might be? I am principally thinking about the 3 month non-immigrant 'O' visa here.

Thanks

Adrian

After the visa expires, you can no longer enter Thailand with it. A single-entry non-immigrant 'O' visa is usually valid for three months from date of issue, you get a 90 day permitted to stay stamp from immigration at the airport..

Edited by InterestedObserver
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After the visa expires, you can no longer enter Thailand with it. A single-entry non-immigrant 'O' visa is usually valid for three months from date of issue, you get a 90 day permitted to stay stamp from immigration at the airport..

AHA - so there is a 3 month period after issue, before we would NEED to enter the country. That is an important point. Why?

Well, just as I thought I had it all sorted in my head ... another unexpected kick in the ***** has appeared. The dear Pinoy system requires that my wife attend some stupid 2 hour seminar in Manila (the other end of the country from where we live) and be 'educated' about what to expect when living in a foreign country. The tutors of course will have never been outside the Phils! This bull**** needs to be endured so that she can get a sticker in her passport saying she has attended (and paid the all-important fee). Without the sticker she will not be allowed to exit at the airport.

That is just another example of the nonsense involved in living here, but the kicker is that when she attends the seminar ... she must show the visa that has been issued by the host country! So now we are faced with the dual pleasure of bureaucracy in Manila, adding the infamous service provided by the Thai embassy there to our list of "things to do". This embassy is noticeably absent from the list on http://www.thaivisa....-in-the-region/ and the negative reports are legendary. What fun!

I should add that we intended spending 3 weeks in Thailand during Sept looking at various locations, then returning here to get our stuff organised. I also intend opening a bank account then, just to get that task out of the way. My wife will not need this stupid sticker then because we will have return air tickets. We aim to emigrate mid Jan 2012.

SO, my very latest thoughts (updated hourly it seems!) are to delay our exploratory trip until the beginning of October, then fly back via KL around the 21st to obtain 3 month non-imm 'O' visas for us both there. That would mean we have until 21st January to turn up in Thailand AND at least get a visa for my wife so she can get the stupid Pinoy Emigrant stamp in Manila as we pass through through there on our way back home a couple of days later. What a load of nonsense, but how typical of life here.

Man, I would be lost without all this great advice. My heartfelt thanks to all!

Adrian

Edited by ukasianexplorer
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OP, regarding your second account. Don't count on a checking account.

Get a second account with an ATM or debit card.

Have you looked into just getting your wife a tourist visa, and a round trip ticket that is refundable for the return leg. Probably a tad more, but maybe better than the seminar if that's really a problem for her.

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AHA - so there is a 3 month period after issue, before we would NEED to enter the country. That is an important point. Why?

Well, just as I thought I had it all sorted in my head ... another unexpected kick in the ***** has appeared. The dear Pinoy system requires that my wife attend some stupid 2 hour seminar in Manila (the other end of the country from where we live) and be 'educated' about what to expect when living in a foreign country. The tutors of course will have never been outside the Phils! This bull**** needs to be endured so that she can get a sticker in her passport saying she has attended (and paid the all-important fee). Without the sticker she will not be allowed to exit at the airport

...

I should add that we intended spending 3 weeks in Thailand during Sept looking at various locations, then returning here to get our stuff organised. I also intend opening a bank account then, just to get that task out of the way. My wife will not need this stupid sticker then because we will have return air tickets. We aim to emigrate mid Jan 2012.

Now, this is highly interesting, the brainwashing course, I mean. At least for a visa-exempt trip your wife won't need that. So here is an alternative scenario for your consideration:

  1. As you said, during your reconnaissance trip in September you will open a savings account in Thailand. (Be sure to make it in your name only, not a joint account, as this is important for the retirement extensions)
  2. At least two months before your subsequent trip to Thailand, when you plan to get the retirement extension, you remit the equivalent of minimum of 800k Baht into that account.
  3. You and your wife travel to Thailand again visa-exempt and on arrival receive permission to stay for 30 days.
  4. Soon after your arrival the two of you go to the local immigration office for a change of visa to non-immigrant and you apply for the retirement extension, your wife for the dependant extension.

P.S. Just realised the complication of needing a return ticket for the visa-exempt trip and your second trip is obviously intended to be one way. Would a flight ticket out of Thailand within 30 days to a destination other than the Philippines also obviate the need for the course?

Edited by Maestro
Added postscript.
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OP, regarding your second account. Don't count on a checking account.

Get a second account with an ATM or debit card.

Have you looked into just getting your wife a tourist visa, and a round trip ticket that is refundable for the return leg. Probably a tad more, but maybe better than the seminar if that's really a problem for her.

Yes, an ATM type of account will be essential, as we may be living somewhere other than where I set up the initial accounts.

The problem for my wife is not so much when she is traveling with me, but she will inevitably return home to see relatives at some point. No problem with her getting IN to the RP, but getting OUT again without that stupid stamp is another thing entirely. This place is like a prison when it comes to their own people - immigration treat them like ***** all the time. So we DO need to get the damned stamp in her papers. It only needs doing once, which makes it even more stupid!

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P.S. Just realised the complication of needing a return ticket for the visa-exempt trip and your second trip is obviously intended to be one way. Would a flight ticket out of Thailand within 30 days to a destination other than the Philippines also obviate the need for the course?

As I said to Terry (above post), the challenge will come when she tries to exit from the RP in the future, having come home for a vacation. Without that stupid stamp she will have a rough time getting out of the RP again. Best to get that crap all behind us now, even at the considerable expense of having to fly from Bangkok to KL because the idiots in the Thai Embassy in Manila are incompetent and unhelpful. It's a disgrace - but just the usual standard to be found here.

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<br />Getting a visa in the PI can be a headache. (You cannot apply for the visa in Thailand itself). it might be better to fly first to Kuala Lumpur or such for a short break and apply for a non-O visa for you and your wife there. For teh visa you might need to show the money in a bankaccount, but it doesn't have to be in a bankaccount in Thailand.<br /><br />Once you have the non-O visa for you and your wife, you travel to thailand and open up a bankaccount. After 60 days the money its in there long enough to apply for an extension of stay based on retirement for your self. At the same time you can apply for an extension of stay for your wife as your depenend. For that the marriage certificateis enough.<br />
<br /><br /><br />

Mario2008

I was in a similar position to the opp a few years ago and was told at Pattaya Immigration that they would give me a One Year Extension of Stay and my wife a one year O-Visa which meant she would have to leave the country every 90 days?

There was no mention of an Extension of Stay for her?

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<br />Getting a visa in the PI can be a headache. (You cannot apply for the visa in Thailand itself). it might be better to fly first to Kuala Lumpur or such for a short break and apply for a non-O visa for you and your wife there. For teh visa you might need to show the money in a bankaccount, but it doesn't have to be in a bankaccount in Thailand.<br /><br />Once you have the non-O visa for you and your wife, you travel to thailand and open up a bankaccount. After 60 days the money its in there long enough to apply for an extension of stay based on retirement for your self. At the same time you can apply for an extension of stay for your wife as your depenend. For that the marriage certificateis enough.<br />
<br /><br /><br />

Mario2008

I was in a similar position to the opp a few years ago and was told at Pattaya Immigration that they would give me a One Year Extension of Stay and my wife a one year O-Visa which meant she would have to leave the country every 90 days?

There was no mention of an Extension of Stay for her?

Immigration doesn't issue visas, so there is some confusion here.

They might have said that she would need to get her own O-visa first or she could have been given a 1 year extension of stay based on your extension of stay directly.

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Mario2008

I was in a similar position to the opp a few years ago and was told at Pattaya Immigration that they would give me a One Year Extension of Stay and my wife a one year O-Visa which meant she would have to leave the country every 90 days?

There was no mention of an Extension of Stay for her?

Immigration do not issue Visas, they issue extensions of stay.

2.20 In the case of a family

member of an alien who has been permitted temporary

stay under clauses 2.1, 2.2, 2.3, 2.5, 2.6,2.7, 2.10, 2.12, 2.13,2.4, 2.15, 2.16, 2.17,

2.21, 2.22,2.26,6.29 of this Order (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;

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