Changing From Non Imm B To Non Imm O Visa

[darkfng]

Hi, I'm British, 37 years old. I have been on a Non Imm B visa for the last ten years with a work permit. I have been married for two years, and have a young daughter with my Thai wife. I am hoping to quit my job and spend some time taking care of my daughter. My wife earns more than 40,000 baht a month. My Thai Bank balance will be close to zero by the time I stop working.

As I understand it with an household income of 40,000 I should be able to switch to an O visa, however my wife called Pathum Thani immigration today and they said I need to have 400,000 in the bank.

The info on the Ministry of Foreign Affairs website seems to indicate I only need the household income.

Can anyone offer some advice? I would also love a link to the rules written in Thai so my wife can print them off when we go to the office.

[Mario2008]

You do not seem to qualify for an extension based on marriage.

Immigration is right. Under current rules you, as foreign husband, must earn an income of 40,000 a month. Your Thai wife's income is not considered.

Alternatively you can indeed show 400,000 baht in aThai bank account in your name for 2 months.

[aidenai]

Forgive me my ignorance but I thought that rule 5 of article 2.18 Police Order 777/2551 was applicable to OP's case or have the rules been changed.

[lopburi3]

It is section 6.

(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.

[aidenai]

^ Thanks. I was thinking of section 5.

(5) In the case of parents, the father or mother must maintain an average annual income of no less

than Baht 40,000 per month throughout the year or must have deposited funds of no less than Baht

400,000 to cover expenses for one year.

[Mario2008]

^ Thanks. I was thinking of section 5.

(5) In the case of parents, the father or mother must maintain an average annual income of no less

than Baht 40,000 per month throughout the year or must have deposited funds of no less than Baht

400,000 to cover expenses for one year.

Read it as: the foreign parent (who applies for an extension of stay) must show ....................

[aidenai]

^ Thanks. I was thinking of section 5.

(5) In the case of parents, the father or mother must maintain an average annual income of no less

than Baht 40,000 per month throughout the year or must have deposited funds of no less than Baht

400,000 to cover expenses for one year.

Read it as: the foreign parent (who applies for an extension of stay) must show ....................

Thanks for the clarification.

[digitalchromakey]

Surely the OP qualifies under 777/2551 Case 2.18 basis for consideration (5).

If he can proove his wife's average monthly income is 40,000 THB (PND 91/PND1) this satisfies the income criteria, plus that he is the legal father of his child (child's birth certificate showing him as the father plus KR2/KR3 marriage papers) then an extension can be granted on this basis..

[Mario2008]

Surely the OP qualifies under 777/2551 Case 2.18 basis for consideration (5).

If he can proove his wife's average monthly income is 40,000 THB (PND 91/PND1) this satisfies the income criteria, plus that he is the legal father of his child (child's birth certificate showing him as the father plus KR2/KR3 marriage papers) then an extension can be granted on this basis..

As said, he does not qualify.

See post 4 and 5 stating the rules. His income, not his wife's.

[digitalchromakey]

As said, he does not qualify.

See post 4 and 5 stating the rules. His income, not his wife's.

Not sure I fully agree; no doubt your reading is reasonable and may well be the intention of the clause, however law can sometimes hinge on pure grammar usage - the Tilleke & Gibbins translation states:

In the case of parents, the father or mother must maintain an average annual income of no less than Baht 40,000 per month throughout the year

I am aware of the sub note in Maestro's pinned Useful Immigration Information that the correct translation is:

In the case of a parent, that parent must maintain...

My Thai is certainly not adequate to translate the original, which I have attached below for the OP's wife to print off as requested.

Remember a few years ago when under the previous regulations [606/2549 - 7.18 basis for Consideration (5)] you could get an extension for supporting a child if you were over 50 - maybe the intention of the regulation then was allow some one to extend who was taking care of a Thai relative over 50, as there was a basis for consideration (4) that covered children under 20 as an either/or option, but that was not how the wise ones argued that the basis for consideration actually read in Thai.

Who knows - all I am saying is this might be a case where it is worth the OP running this past a savvy immigration lawyer to be sure.

A doubtless easier route would be to change to a 2.18 extension on the basis of married to a Thai, whilst he still has a job/work permit if that is his current salary is > 40,000 THB pcm - then when he leaves his employment the extension would still be valid.

Police order 777-2551 extension of stay rules TH.pdf

[Mario2008]

You can try to argue it in administrative court, but immigration will tell you that the father must show an income of 40,000 baht a month or 400,000 in a bank account in Thailand/