Uncertainty about Marriage Visa Renewal

[comserve]

I have been married in Thailand (Buriram Provence) for about 8 years and for the last two years I have been on a Marriage Visa (although my wife & I have been married for eight years. We live in our own house (in my wife's name) and we have supported our grandson since birth (he is 5 1/2 y.o.)

Recently I have had a few funds disasters which means I am reduced to living on an Australian pension of $AU20,664 (monthly of $AU1,722) which on January conversion rate of 26.86 converted to a monthly income of 46,253 THB, annual of 555,037 THB.

I went to immigration a couple of weeks ago on the day when the Australian Government interest rate dropped 0.25% and the AUD conversion rate dropped to 24.866 which meant my income on this conversion rate was: monthly 42,819 THB or 513,831 THB.

The immigration officer reckoned that the monthly average of 42,819 THB was a bit too close to the line & referred this to his superiors in Bangkok.

The rules state a monthly income of 40,000 THB or a combined total of a Thai bank account plus yearly income of 400,000 THB which is quite contradictory as when I went to school 400,000/12 = 33,333 THB.(but this is Thailand!). Anyway one day's low conversion rate does not equate to a year's conversions which have averaged about 27.500. (today's conversion rate has averaged 25.06).

Am I being too logical for a Thai Immigration officer?

I do not believe that they will refuse an extension based on these figures but it does make me a bit nervous!

I am expecting a share holding of over 500,000 coming online on the NASDEQ in a couple of months at about $1.00 should rescue me in coming years.

It seems prudent to ask the question, however, WHAT ARE MY OPTIONS IF THEY WILL NOT RENEW MY VISA? I just do not have the funds to shift back to Australia right now. Could I go to Vientiane, for instance, and get a 90 day re-entry permit?

In the coming year we will probably migrate to Australia (where I do have a couple of personal law suites prepared & waiting for my funds to improve such that I can prosecute these claims).

YOUR ADVISE AS TO MY IMMEDIATE ACTIONS IF VISA EXTENSION IS NOT GRANTED PLEASE!

[ubonjoe]

Your application was sent to division 4 headquarters in Korat for approval like it always has been. Not sure what the officer was talking about.

They cannot deny you extension of stay application as long as your proof of income is 40k baht or more.

Don't worry it will be approved.

You did a post in a topic earlier where I answered your question. See: http://www.thaivisa.com/forum/topic/780189-are-there-any-problems-to-apply-second-tourist-visa-in-laos-in-a-row/#entry9057192

[comserve]

Your application was sent to division 4 headquarters in Korat for approval like it always has been. Not sure what the officer was talking about.

They cannot deny you extension of stay application as long as your proof of income is 40k baht or more.

Don't worry it will be approved.

You did a post in a topic earlier where I answered your question. See: http://www.thaivisa.com/forum/topic/780189-are-there-any-problems-to-apply-second-tourist-visa-in-laos-in-a-row/#entry9057192

Thanks for the assurance. Yes I posted this elsewhere but I could not find it.

The officer was asking my wife whether I could provide the 400,000 Baht in a bank account because the conversion was coming out so close.

It is a while since I have been on the forum and I have not been able to get into it again. How does one get past all the adverts which seem to block the visa forum?

Tony

[ubonjoe]

Perhaps the officer was talking about next year.

As I said don't worry.

[Sophon]

The rules state a monthly income of 40,000 THB or a combined total of a Thai bank account plus yearly income of 400,000 THB

Actually, the rules state a monthly income of 40,000 Baht or a bank deposit in a bank in Thailand of 400,000 Baht. You cannot combine income and bank deposit when qualifying for an extension based on having a Thai wife.

I am just mentioning this so that you don't think you can qualify next year with a combination of income and deposits (in case the exchange rate falls further). As UbonJoe has already confirmed, you will get your extension this year as you clearly meet the income requirement.

Sophon

[comserve]

Sophon, The Thai Immigration website clearly says under requirements: I quote

3rd option: "Combination of the Thai bank account and yearly income with the sum of 400,000 THB.

2nd Option: savings of THB 400,000 in Thai bank account 2 months prior

1st Option: Monthly income of at least THB 40,000.

That sounds pretty clear.

[Lite Beer]

Sophon, The Thai Immigration website clearly says under requirements: I quote

3rd option: "Combination of the Thai bank account and yearly income with the sum of 400,000 THB.

2nd Option: savings of THB 400,000 in Thai bank account 2 months prior

1st Option: Monthly income of at least THB 40,000.

That sounds pretty clear.

No it does not.

It states 40,000 baht monthly income or 400,000 in the bank.

That is clear.

[nzexpat]

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Sophon, The Thai Immigration website clearly says under requirements: I quote

3rd option: "Combination of the Thai bank account and yearly income with the sum of 400,000 THB.
2nd Option: savings of THB 400,000 in Thai bank account 2 months prior
1st Option: Monthly income of at least THB 40,000.

That sounds pretty clear.

Can you provide a link to this interesting information .

Thanks

[ubonjoe]

Just look at clause 2.18 of Police Order 327/2557 basis for extension of stay.

It states 40k baht or 400k baht in the bank for 2 months.

I think the info comserve posted came from a website setup by a law firm to appear to be an official website.

[Sophon]

Sophon, The Thai Immigration website clearly says under requirements: I quote

3rd option: "Combination of the Thai bank account and yearly income with the sum of 400,000 THB.

2nd Option: savings of THB 400,000 in Thai bank account 2 months prior

1st Option: Monthly income of at least THB 40,000.

That sounds pretty clear.

I think you got this information from this website.

If you click on "Contact us", you will see that that website does not belong to Immigration. The information posted is (and has always been) wrong, you cannot use a combination of income and money in the bank for a marriage extension. The confusion probably stems from the fact that you can use the combination method when applying for a retirement extension.

Sophon

[comserve]

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Sophon, The Thai Immigration website clearly says under requirements: I quote

3rd option: "Combination of the Thai bank account and yearly income with the sum of 400,000 THB.

2nd Option: savings of THB 400,000 in Thai bank account 2 months prior

1st Option: Monthly income of at least THB 40,000.

That sounds pretty clear.

Can you provide a link to this interesting information .

Thanks

The information I am quoting comes from the following source:

http://www.thailand-immigration.org/thailand-marriage-visa

This appears to be an official Thailand Immigration site although it also has advertising for

SIAM Legal.

Tony

[ThaidDown]

^^^ that is NOT an official Thai Immigration site it is registered to Siam Legal. (check with Whois)

[comserve]

Just look at clause 2.18 of Police Order 327/2557 basis for extension of stay.

It states 40k baht or 400k baht in the bank for 2 months.

I think the info comserve posted came from a website setup by a law firm to appear to be an official website.

I have looked at this, it does say 40,000 THB/month on average or 400,000 in bank account.

It does not address the case of a combination of both. (Do we assume by it's omission that it is NOT allowed? or do we assume that it has been overlooked?

Also, it does say no less than 40,000 THB/month as an "average" so that would mean that simply calculating on the conversion rate applicable at the time of application should not be correct (since the conversion rate has dropped simply in the last few days).

I would read that I would need to total the conversion amount on a monthly basis over the last 12 months & take that average.

What say you?

[ubonjoe]

Just look at clause 2.18 of Police Order 327/2557 basis for extension of stay.

It states 40k baht or 400k baht in the bank for 2 months.

I think the info comserve posted came from a website setup by a law firm to appear to be an official website.

I have looked at this, it does say 40,000 THB/month on average or 400,000 in bank account.

It does not address the case of a combination of both. (Do we assume by it's omission that it is NOT allowed? or do we assume that it has been overlooked?

Also, it does say no less than 40,000 THB/month as an "average" so that would mean that simply calculating on the conversion rate applicable at the time of application should not be correct (since the conversion rate has dropped simply in the last few days).

I would read that I would need to total the conversion amount on a monthly basis over the last 12 months & take that average.

What say you?

No mistake on there not being a combination allowed. It has been the same for many years.

Average truly means a gross annual income divided by 12 to get the monthly income. A person could try to show them the average exchange rate for the past year.by doing the research and documenting it.

[comserve]

Just look at clause 2.18 of Police Order 327/2557 basis for extension of stay.

It states 40k baht or 400k baht in the bank for 2 months.

I think the info comserve posted came from a website setup by a law firm to appear to be an official website.

I have looked at this, it does say 40,000 THB/month on average or 400,000 in bank account.

It does not address the case of a combination of both. (Do we assume by it's omission that it is NOT allowed? or do we assume that it has been overlooked?

Also, it does say no less than 40,000 THB/month as an "average" so that would mean that simply calculating on the conversion rate applicable at the time of application should not be correct (since the conversion rate has dropped simply in the last few days).

I would read that I would need to total the conversion amount on a monthly basis over the last 12 months & take that average.

What say you?

No mistake on there not being a combination allowed. It has been the same for many years.

Average truly means a gross annual income divided by 12 to get the monthly income. A person could try to show them the average exchange rate for the past year.by doing the research and documenting it.

Actually I did two calculations.

1) Adding the yearly calculations for the year, in AUD then converting the average monthly income by the current conversion rate comes out at average monthly THB of 43,608

2) Converting each payment, at the THB conversion at the time of payment then average the total in THB comes out at an average monthly THB of 53,606

Really (2) is the more mathematically accurate as it is converting at the time of payments (which is the real conversion).

I imagine that either method would be accepted at immigration?

[Sophon]

Just look at clause 2.18 of Police Order 327/2557 basis for extension of stay.

It states 40k baht or 400k baht in the bank for 2 months.

I think the info comserve posted came from a website setup by a law firm to appear to be an official website.

I have looked at this, it does say 40,000 THB/month on average or 400,000 in bank account.

It does not address the case of a combination of both. (Do we assume by it's omission that it is NOT allowed? or do we assume that it has been overlooked?

Also, it does say no less than 40,000 THB/month as an "average" so that would mean that simply calculating on the conversion rate applicable at the time of application should not be correct (since the conversion rate has dropped simply in the last few days).

I would read that I would need to total the conversion amount on a monthly basis over the last 12 months & take that average.

What say you?

No mistake on there not being a combination allowed. It has been the same for many years.

Average truly means a gross annual income divided by 12 to get the monthly income. A person could try to show them the average exchange rate for the past year.by doing the research and documenting it.

Actually I did two calculations.

1) Adding the yearly calculations for the year, in AUD then converting the average monthly income by the current conversion rate comes out at average monthly THB of 43,608

2) Converting each payment, at the THB conversion at the time of payment then average the total in THB comes out at an average monthly THB of 53,606

Really (2) is the more mathematically accurate as it is converting at the time of payments (which is the real conversion).

I imagine that either method would be accepted at immigration?

I would be very surprised (actually gobsmacked) if any other exchange than the current one at the time of your application for the extension would be accepted. You could, of course, give it a try but don't be surprised if your argument is rejected.

Sophon

[roobaa01]

gdaya folks,

the marriage related questtion to combine income @ bank deposit has bothered me officiially it is not legal. however in some places udon thani,

pattaya it appears feasible without table money.

wbrpeter1

[ubonjoe]

gdaya folks,

the marriage related questtion to combine income @ bank deposit has bothered me officiially it is not legal. however in some places udon thani,

pattaya it appears feasible without table money.

wbrpeter1

I doubt that very much. I have never seen a report of it being done.

Have you done it?

[roobaa01]

@ubbonjoe

im goin to try this year for having viisited the immi in joimtiem together with my br. in law an army colonel , i was advised in his presence by

immi officer the combination would be feasible.

as for other cases they were discussed here www.nittaya.de section behoerden & papiere, thread einkommensnachweis 40.000 baht wegen

niedrigem wechselkurs ff pages and thread anforderung fuer jahresvisa ff pages.

as i mentioned it is not legally confirmed but obviously ea. immi office might have legally space to decide.

wbr

roobaa01

[ubonjoe]

@ubbonjoe

im goin to try this year for having viisited the immi in joimtiem together with my br. in law an army colonel , i was advised in his presence by

immi officer the combination would be feasible.

as for other cases they were discussed here www.nittaya.de section behoerden & papiere, thread einkommensnachweis 40.000 baht wegen

niedrigem wechselkurs ff pages and thread anforderung fuer jahresvisa ff pages.

as i mentioned it is not legally confirmed but obviously ea. immi office might have legally space to decide.

wbr

roobaa01

What makes it most unlikely for it to be accepted is that all extensions based upon marriage have to be approved by the regional division headquarters. You can be sure they would not be flexible with the rules.

[comserve]

Just look at clause 2.18 of Police Order 327/2557 basis for extension of stay.

It states 40k baht or 400k baht in the bank for 2 months.

I think the info comserve posted came from a website setup by a law firm to appear to be an official website.

I have looked at this, it does say 40,000 THB/month on average or 400,000 in bank account.

It does not address the case of a combination of both. (Do we assume by it's omission that it is NOT allowed? or do we assume that it has been overlooked?

Also, it does say no less than 40,000 THB/month as an "average" so that would mean that simply calculating on the conversion rate applicable at the time of application should not be correct (since the conversion rate has dropped simply in the last few days).

I would read that I would need to total the conversion amount on a monthly basis over the last 12 months & take that average.

What say you?

No mistake on there not being a combination allowed. It has been the same for many years.

Average truly means a gross annual income divided by 12 to get the monthly income. A person could try to show them the average exchange rate for the past year.by doing the research and documenting it.

I will let you know, if I need to use this when I have to go back on the 5th March.

This is the second time I have had to make a second visit to "Kap Choeng" immigration on successive 12 monthly renewals.

It really pisses me off having to do this as this trip is a 350km round trip on very heavily congested roads from Satuek. The previous year we were visited by a two person team based in Bangkok simply to prove that we are living in a domestic situation. During this visit I had to pick up the young child from school half way through the visit (which impressed the visitors).

At one time immigration used to visit either Buriram City or Surin alternatively each month which was quite acceptable but it seemingly was toooo convenient for the customers to persuade immigration to continue such an arrangement. Also to reach my embassy means a trip to Bangkok to receive the per functionary embassy stamp.

At least I can visit the Korat office for the 90 day bullshit and that can be combined with some shopping in that centre.

So much to the poor members of this forum who only have to walk down the street for these services.

[comserve]

Hi,

I am happy to report that my 12 month extension was accepted as predicted above. without any complications.

The way the AUD is going though, I will have to do some fancy footwork to qualify next year as $AU1.00 is only worth about 24.8 THB at present.