Extension of stay - No tabian baan

[recom273]

I have had enough of my local immigration, they are questioning the validity of a 12 month multi-entry non-O based upon my marriage.

They are saying that its not correct to use the visa, and i should be on extension of stay, but its practical and works for me, I'm only 30 mins from the Malay border, doing a turnaround in Malaysia is quicker than doing a 90 day at the local office.

So I will have to cash in some investments in the UK and bring over a bulk of cash, something i was always putting off ... I don't generate enough cash from UK based activities to make the regular 40K but we live well enough with our combined income, so bringing the 400,000B is the only option for a safe and peaceful future.

Heres the issue .. We rent a nice house, from a landlord who is probably not declaring tax on the income. So the house, as far as i know, has no tabian ban, and the wives name isn't on it for sure.

The landlords solution was to put the wives name on his tabian ban, so we can apply for her passport and other documents.

Apparently, this is not illegal, and we have never come up against problems in the past. We have a scan of the book on the computer and whenever we need, we just print off and its always been accepted by the local office, ampur, tessaban and consulates without a problem. We have always "lied" and said we live at the house in the tabian ban.

Is it possible to tell the truth, when applying for an extension of stay - but still maintain the 'location' on the tabian ban or does our address have to correspond to the tabian ban.

The only alternative is moving house .. and i don't really want to do this.

Anyone ?

[paz]

Sorry, what problem do you have with immigration? With the multi-entry non-imm 'O' you would not need to show up there at all ?

[ubonjoe]

Is the local immigration office or immigration at the border that is giving you problems about your visa.

The address you use when you make an application for an extension based upon marriage must be the one for where you are living. The immigration office may make a visit to your home as part of the approval process.

I am sure there is house book for where you are living there are no taxes that need to be paid to do with having one. Dependent upon what the immigration office wants you may need a rental agreement and a copy of the house book and ID card of the owner as proof of residence.

You will still need a copy of your wife house book when you do the extension.

[paz]

Which border post is this about? Dannok ?

[recom273]

No, I just got back from Laos last week, with my 12 month multi-entry after picking up a new UK passport from Trendy.

I went to my local immigration office so I could get a couple of 'certificate of residence' to apply for a driving licence and transfer the bikes green book to my name.

When I presented the visa - The IO said this visa was not possible and not correct, and that I should be on extension of stay. I was thinking he was going to cancel it there and then, but i told him i needed a multi because i don't always stay in the country, its not the first time i have had a problem with this officer regarding visas, before I had a succession of 3 month non-O visas from Malaysia which he objected to.

This is all by-the-by, Im tired of trying to fight the system, I will take 400,000B which generates a little interest in the UK and dump it in Kasikorn, which i see as dead money and get these idiots off my back and I have 12-15 months to organise this in.

I have never had a problem with the border posts, I use Sungai Kokok, to get to Khota Bahru and they seem OK with accepting the visas from the consulate, despite the report from that they refused some Samui visa runners.

So, the house was a new build, does this mean it doesn't have a house book yet and the landlord is too lazy to sort it ?

We don't have a contract for the house, we had one for the first year and after its month to month and has been for the past 4 years, but thats something we can address.

I think we need to get the landlord on side, at least I now need to know i just need a copy of the book and its not necessary to get the wives name on it, but it would make this whole process a lot easier, right ?

I wish i knew the reason why he wouldn't put the wives name on the place where we reside, i thought he was pulling a fast one somehow - we don't even have our name on the water or electric bills.

[recom273]

Which border post is this about? Dannok ?

No, never had a problem with a border post. Just one IO at Padang Bezar, before I was married.

I will give some updates if i have problems leaving and returning on the bike as I hope to do a bit travelling in and out to see the national parks along the border between Sadao, Betong all the way down to Narathiwat and a Saturday night indian curry in Penang.

[Maestro]

I have had enough of my local immigration, they are questioning the validity of a 12 month multi-entry non-O based upon my marriage.

They are saying that its not correct to use the visa, and i should be on extension of stay, but its practical and works for me, I'm only 30 mins from the Malay border, doing a turnaround in Malaysia is quicker than doing a 90 day at the local office.

Technically, they are right. The visa you have is for a for a foreigner who lives outside Thailand and makes frequent trips to Thailand to visit his wife who lives in that country. You, however, appear to live with your wife in Thailand long-term, using back-to-back entries with your visa.

With your visa, you would never need to visit the immigration office, and you got caught out because you went to apply for a certificate of residence to apply for a driving licence although technically, you do not have residence in Thailand but theoretically merely pop in and out of the country to visit your wife every now and then. The Immigration Bureau started a drive some months ago to encourage foreigners to get the correct visa and, where applicable, the correct extension of stay to fit the reason for their stay in Thailand, and your immigration office seems more energetic than perhaps some others are in following that guideline and advised you on the correct extension of stay for your situation. Nothing stops you from ignoring the officer's advice and continuing with multiple-entry non-O visas as long as Thai consulates issue them to you; just don't walk into an immigration office and ask for a certificate of residence with it.

[thedemon]

If you live in a single house on an individual plot of land it is very unlikely that a Tabien Baan hasn't been issued for that house since electricity and water can't legally be connected without it and the Tabien Baan needs to be issued while the construction permit is still valid. There could be many reasons that the landlord doesn't want to let you use it. Since you say it is a new house, perhaps he wants to keep the blue book in virgin condition in case of future sale.

If I was you, I would just avoid that particular immigration office. If you really need a residence letter again, you can get it from your embassy (at a cost though) or use another immigration office when you're staying in a hotel somewhere and use that address.

[recom273]

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I have had enough of my local immigration, they are questioning the validity of a 12 month multi-entry non-O based upon my marriage.

They are saying that its not correct to use the visa, and i should be on extension of stay, but its practical and works for me, I'm only 30 mins from the Malay border, doing a turnaround in Malaysia is quicker than doing a 90 day at the local office.

Technically, they are right. The visa you have is for a for a foreigner who lives outside Thailand and makes frequent trips to Thailand to visit his wife who lives in that country. You, however, appear to live with your wife in Thailand long-term, using back-to-back entries with your visa.

With your visa, you would never need to visit the immigration office, and you got caught out because you went to apply for a certificate of residence to apply for a driving licence although technically, you do not have residence in Thailand but theoretically merely pop in and out of the country to visit your wife every now and then. The Immigration Bureau started a drive some months ago to encourage foreigners to get the correct visa and, where applicable, the correct extension of stay to fit the reason for their stay in Thailand, and your immigration office seems more energetic than perhaps some others are in following that guideline and advised you on the correct extension of stay for your situation. Nothing stops you from ignoring the officer's advice and continuing with multiple-entry non-O visas as long as Thai consulates issue them to you; just don't walk into an immigration office and ask for a certificate of residence with it.

Absolutely agree with you, I'm the first to admit just fighting my way around the system. If I wasn't so close to the border I wouldn't hesitate to get an extension as it would be financially in my interest to.

Laughably, a long while ago, before I was married, I was hoping on the bike for the short trip and doing a Sunday morning border run every 2 weeks because it was way cheaper than getting a visa. Thailand makes its own problems sometimes.

I have applied for 2x residents certificate, i pick the last up tomorrow and like you say, certainty I will never have (the need) to return.

If you live in a single house on an individual plot of land it is very unlikely that a Tabien Baan hasn't been issued for that house since electricity and water can't legally be connected without it and the Tabien Baan needs to be issued while the construction permit is still valid. There could be many reasons that the landlord doesn't want to let you use it. Since you say it is a new house, perhaps he wants to keep the blue book in virgin condition in case of future sale.

If I was you, I would just avoid that particular immigration office. If you really need a residence letter again, you can get it from your embassy (at a cost though) or use another immigration office when you're staying in a hotel somewhere and use that address.

Thanks for the info from all, looks like I have 9 months to offer the landlord an ultimatum to sort this out, or we move to another location.

[steve187]

your wife must be registered on a house book somewhere.

immigration would be happy with a rental agreement as posted earlier.

[digitalchromakey]

The Tabien Baan shows who is living at the property, not who is the owner.

So it would be no problem per se for your wife to change to be on the Tabien where you live.

However your wife may not wish to do this as one can only be on a single Tabien Baan and it would also necessitate changes to her ID Card, Drivers License, etc.

But for sure it is possible and perfectly legal.

[samran]

The other way around, but I'm the Thai husband and my wife is the foreigner.

I don't live where my tabieen baan is. I just bring along a copy of our rental agreement and a map/photos showing where we live. Thai ID and Tabieen baan copy of my 'registered address' and they are fine with that. She has a yellow tabieen baan, but that too is also at my offical address.

Plenty of Thai's don't live where they are registered, one of the issues with an otherwise pretty good registration system.

[tom21]

to get a drivers licence you need to reside in Thailand for more than 3 months , to do that you need an extension. leaving the country every 3 months means you are not residing continuously for more than 3 months. I know people who have gotten a licence on tourist visa so a lot depends on where and when you apply

[recom273]

to get a drivers licence you need to reside in Thailand for more than 3 months , to do that you need an extension. leaving the country every 3 months means you are not residing continuously for more than 3 months. I know people who have gotten a licence on tourist visa so a lot depends on where and when you apply

Yeah, I have a driving license .. Im looking to get a longer visa to keep the local immigration office happy. I have just changed the green bike book over to my name, so no need to ever visit that office ever again, well unless i buy a new bike.

[recom273]

The other way around, but I'm the Thai husband and my wife is the foreigner.

I don't live where my tabieen baan is. I just bring along a copy of our rental agreement and a map/photos showing where we live. Thai ID and Tabieen baan copy of my 'registered address' and they are fine with that. She has a yellow tabieen baan, but that too is also at my offical address.

Plenty of Thai's don't live where they are registered, one of the issues with an otherwise pretty good registration system.

Yeah, this makes perfect sense .. For years she was reg'd in her KK address, which was just a shack that nobody lived at. This is why i questioned it.

We moved it down here to make things easier, much easier than travelling 1500 km to get to her 'local' ampur.

I'm hoping this doesn't open another can of worms with the office .. like, my current visa, bike and DL are at an address I have never lived at.