Confused-marriage Visa Rules!

[Sunbelt Asia]

1:

Can anyone give a link to an official website spelling out the new rules ?

http://www.immigration.go.th/nov2004/en/base.php

is the old rules which can be compared with the new rules found here...

http://www.lawyer.th.com/National_Police_O...er_Oct_2006.pdf

2:

If I want to present a paper for proof of income, like a government pension, in connection to an application for extending a visa, which numbers do Immigration want:

My annual retirement pension from home is 1.155.000 baht.

As almost any income in this world I have to pay tax from that income, approx. 344.000 baht

So that leaves me with 811.000 baht per year after tax.

Which number am I going to submit to Immigration, 1.155.000 or 811.000 ?

They want the pre-tax number. Proof will come from you obtaining from your Embassy, a letter from you, certifying that amount.

Did anyone at immigration provide the reason for doing away with having an annual lump sum in a Thai bank as one of the options for getting a one year visa for someone legally married and supporting a Thai wife?

It was explained "To get the foreigner working and paying personal tax. They don't get any personal tax with 400K money being put in and then taken out couple months later."

So obtaining a court order to show that I take care of my Thai son and having a deposit of 400K, will now be rejected by immigration....I don't think so

This is about a Thai wife, not a Thai son that you are supporting.

I've had the 400k in the bank for over three months now and I have enough money in the UK to hopefully last the rest of my days. I'm 46, so don't qualify for a retirement visa yet and therefore don't have an income via a pension.

As long as you can declare you get over 40,000 Baht income per month, take all the proof of money/income you have or get in the UK to the UK Embassy. With this proof of paperwork you show to them, if you can persuade them to notarize your statement. This is all the proof required at Immigration. ( With some Embassies, your statement is good enough and no proof will be required to get it notarized)

www.sunbeltasiagroup.com

[mrmillersr]

I just read the new immigration rules that took effect 1 October and would like to know what happens to those who will not show the 800,000 baht and the 400,000 baht for the last 3 months in their bank account if they are soon to renew their visas?

Obviously, many people used the required funds (800K retirement/400K marriage) during the year for living expenses and will have balances below these amounts when they go to renew. How is immigration going to handle this - on a case by case basis, or will people be told they will need to meet the requirement when the renew again in another year?

[gavstah]

Just to weigh in here:

My situation:

- 42 yrs old - no retirement visa for me

- Here on a 30 day tourist visa - been doing border runs since Feb

- Married two weeks ago to Thai national. Have paperwork to prove it.

- Can show monthly income in excess of 40k baht per month.

Stopped into the Immigration office in Jomtien today, as I was (mistakenly) under the impression I could extend my tourist visa to a non-immigrant (basis of marriage) w/o leaving Pattaya - was swiftly disabused of this notion by a harried immigration police official.

So my options are Penang or risk a border run next week. I'm thinking Penang would be the safer bet.

Sunbelt? Anyone?

[lopburi3]

You need a visa, not a border entry without visa, as you just found out. So Penang or another Consulate is where you should go to obtain a single entry non immigrant O visa which will provide you a 90 day stay and can be extended at immigration on a yearly basis. You will need your passport, photos, marriage certificate, copy of wife ID card and home register. That should get you the non immigrant visa but if you have any trouble a real tourist visa (60 day entry) can work for extension of stay but will cost an extra 2,000 baht.

[Sunbelt Asia]

I just read the new immigration rules that took effect 1 October and would like to know what happens to those who will not show the 800,000 baht and the 400,000 baht for the last 3 months in their bank account if they are soon to renew their visas?

Obviously, many people used the required funds (800K retirement/400K marriage) during the year for living expenses and will have balances below these amounts when they go to renew. How is immigration going to handle this - on a case by case basis, or will people be told they will need to meet the requirement when the renew again in another year?

Today they were being told this...

will need to meet the requirement when they renew again in another year

My situation:

- 42 yrs old - no retirement visa for me

- Here on a 30 day tourist visa - been doing border runs since Feb

- Married two weeks ago to Thai national. Have paperwork to prove it.

- Can show monthly income in excess of 40k baht per month.

Stopped into the Immigration office in Jomtien today, as I was (mistakenly) under the impression I could extend my tourist visa to a non-immigrant (basis of marriage) w/o leaving Pattaya - was swiftly disabused of this notion by a harried immigration police official.

So my options are Penang or risk a border run next week. I'm thinking Penang would be the safer bet.

Worth a trip up to our BKk offices in the morning. Odds are very high, our legal staff can help you get by tomorrow afternoon, a fresh 30 day under consideration stamp ( as long as you can show this 40K income per month) Bring your wife Clarification of Marital Status before Marriage( obtained at the Embassy), the Thai ID, the household registration, pictures of your house/ apt with # showing, your wife and you on the sofa and picture of clothes in the closet ( your wife and yours) map to the house.

On the otherhand

You need a visa, not a border entry without visa, as you just found out. So Penang or another Consulate is where you should go to obtain a single entry non immigrant O visa which will provide you a 90 day stay and can be extended at immigration on a yearly basis. You will need your passport, photos, marriage certificate, copy of wife ID card and home register. That should get you the non immigrant visa but if you have any trouble a real tourist visa (60 day entry) can work for extension of stay but will cost an extra 2,000 baht.

This is what they are after in Pattaya, the visa. In BKK as of NOW, they are being very kind and understanding. A number of people that have had probs in Pattaya ( couple were on Thai visa), come up to BKk to get visas done now. If you like a trip outside Thailand, Lop as always gives some great advice.

02-642-0213

www.sunbeltasiagroup.com

[CobraSnakeNecktie]

Just to weigh in here:

My situation:

- 42 yrs old - no retirement visa for me

- Here on a 30 day tourist visa - been doing border runs since Feb

- Married two weeks ago to Thai national. Have paperwork to prove it.

- Can show monthly income in excess of 40k baht per month.

Stopped into the Immigration office in Jomtien today, as I was (mistakenly) under the impression I could extend my tourist visa to a non-immigrant (basis of marriage) w/o leaving Pattaya - was swiftly disabused of this notion by a harried immigration police official.

So my options are Penang or risk a border run next week. I'm thinking Penang would be the safer bet.

Sunbelt? Anyone?

A related question. How is the monthly income for Non Imm marriage visa verified? I am a US citizen. Do I go to the US Embassy and get some sort of certification? I don't have a pension per se but have money coming into my US accounts. Do I need to show money coming into a Thai account or is the foreign account sufficient?

any insight?

[lopburi3]

You need to swear the monthly amount on a form at the US Consulate with a notary fee of 1,200 baht or $30.

[Sunbelt Asia]

A related question. How is the monthly income for Non Imm marriage visa verified? I am a US citizen. Do I go to the US Embassy and get some sort of certification? I don't have a pension per se but have money coming into my US accounts. Do I need to show money coming into a Thai account or is the foreign account sufficient?

any insight?

You go to the US Embassy. There, you swear to God, you get this income every month. The embassy then will stamp the statement. That is your proof.

www.sunbeltasiagroup.com

[Nam Kao]

You dont have to show the embassy any proof? you just swear that it is coming in?

thanks

nam

[Sunbelt Asia]

You dont have to show the embassy any proof? you just swear that it is coming in?

thanks

nam

At the US Embassy, you swear on your honor. You can take proof, but it is not required.

www.sunbeltasiagroup.com

[Nam Kao]

Thanks Sunbelt, what if you dont have any honor to swear on

Well this sounds alot more easier than going thru showing the 400K in the bank etc

appreciate

nam

[skippybangkok]

Thanks Sunbelt, what if you dont have any honor to swear on

Well this sounds alot more easier than going thru showing the 400K in the bank etc

appreciate

nam

Its called a statutory declaration. For what its worth, I think it a criminal offence if what you have declared s knowingly false.

[Thaicoon]

I am 42, married to a thai for 12 years, at the moment both living in the UK, got my business for sale for a hefty sum of money, once sold or leased out, we are relocating to our house in Thailand, i will not have a pension untill i am 50, i already have 1.5 million baht in a thai bank acccount, been there for 6 years, question's, will i need over 40,000 baht coming in every month, what if my bank in the uk does a standing order every month of say 45,000 baht from savings and the proceeds of my business into my thai account, would this be acceptable, or does it have to be pension related.

Edited October 3, 2006 by Thaicoon

[gavstah]

Thanks for the reply, Lop and Sunbelt - looks like the 90 Day non-immigrant O visa is my best option.

[gavstah]

Hmmm . .. does the declaration of income from the US Embassy mean that I don't have to have 400k (or monthly equiv) in my Thai bank account when I go to extend for 12 months?

[Nam Kao]

Gavstah, sounds like it, i am starting to like the new Regime

Maybe tey like farangs?

[kudroz]

Are we certain that foreign income paid in foreign account is acceptable to the immigration?

After reading the new regulations it seems they want your "couple" to pay taxes on at least 40,000 THB per month. If such income is paid in a foreign account, it wouldn't be taxable and only the part you bring in Thailand would be. Then you have the problem with Tax Office being nut about giving a tax-id card to someone who doesn't have a workpermit in Thailand.

I would be very surprised if the Immigration would accept that the money is foreign source and paid in a foreign account, they wouldn't be able to tax any of it.

[Nam Kao]

Just how much is the tax on 40,000 baht?

thanks

nam

[wca01]

Just how much is the tax on 40,000 baht?

About 2,700 Baht monthly

WCA

thanks

nam

[Nam Kao]

Thanks WCA, thats nothing, well compared to US taxes

[Crossy]

new rules found here...

http://www.lawyer.th.com/National_Police_O...er_Oct_2006.pdf

Arrgghhhh!!!!

OK, so now I'm totally confused

Sunbelt et-al:-

1. These 'new' regulations still mention the 3 million investment visa, is it back??

2. OK so I need an income of 40k for my marriage extension (no problem), but I've read somewhere that I can no longer have a work permit against my non-o, so how the **** do I earn the income?

3. I also appears that I can no longer be a 'consultant', which is a shame because that's what I do, have to find a less generic job title

[Firefan]

Crossy; the new rules are for RENEWAL only for investor visa(0r more correct: extension). No NEW investor visas right now. Cheers!

[Crossy]

Crossy; the new rules are for RENEWAL only for investor visa(0r more correct: extension). No NEW investor visas right now. Cheers!

Fine, I don't have one (or the means to get one) anyway, just spotted it whilst looking for the marriage visa rules.

[lukamar]

After reading the new regulations it seems they want your "couple" to pay taxes on at least 40,000 THB per month. If such income is paid in a foreign account, it wouldn't be taxable and only the part you bring in Thailand would be. Then you have the problem with Tax Office being nut about giving a tax-id card to someone who doesn't have a workpermit in Thailand.

I would be very surprised if the Immigration would accept that the money is foreign source and paid in a foreign account, they wouldn't be able to tax any of it.

You have to check the tax treaty between your country and Thailand. In my case as a Canadian if I bring money into Thailand that i have already paid income tax on in Canada it's not taxable in Thailand under the double taxation rule of the Canadian/Thai Tax treaty unless I use it to earn an income. So if my wife did not work and I just I put the money in the bank and did not collect any interest my taxable income in Thailand would be zero. I think most countries have tax treaties with Thailand.

Countries with Tax treaties with Thailand

For Sunbelt or???...

As we are in Canada at the moment this is not that pressing for me but maybe others may have the same problem.

My income comes primarily from stocks, bonds and savings. Some is paid monthly some quarterly and some yearly into an investment account in Canada, I'm not old enough for a pension yet but way over 50. It was much more convenient and a lot less time, effort and money to just transfer a lump sum before. How do I manage to show a 40,000 Bt monthly income from something like that, just transfer 40,000Bt a month into Thailand? Should I/could I setup a trust that pays me 40,000Bt a month, would that be acceptable?

[Sunbelt Asia]

I am 42, married to a thai for 12 years, at the moment both living in the UK, got my business for sale for a hefty sum of money, once sold or leased out, we are relocating to our house in Thailand, i will not have a pension untill i am 50, i already have 1.5 million baht in a thai bank acccount, been there for 6 years, question's, will i need over 40,000 baht coming in every month, what if my bank in the uk does a standing order every month of say 45,000 baht from savings and the proceeds of my business into my thai account, would this be acceptable, or does it have to be pension related.

As long as the Uk Embassy is convince to certify your statement you get 40,000+ Baht per month, you are fine.

1. These 'new' regulations still mention the 3 million investment visa, is it back??

No.

The clause 7.4 of order 606-2006 is for those approved before Oct 1st 2006

The reason how this can be, is covered in

11. In case of investment or other cases which is related to the investment according to the Law of Investment Support, the permission shall be granted in accordance with the certificate and the period of time that are approved by the Board of Investment of Thailand or other commissions that set up under the law regarding to the investment support.

2. OK so I need an income of 40k for my marriage extension (no problem), but I've read somewhere that I can no longer have a work permit against my non-o, so how the **** do I earn the income?

You can and always have been a work permit with a non-O.

3. I also appears that I can no longer be a 'consultant', which is a shame because that's what I do, have to find a less generic job title

Like "Managing Director."

www.sunbeltasiagroup.com

[Smithson]

Sunblet,

If I am married, have a valid work permit with a non B valid to early Jan, a monthly income of 40k+ and a bank balance the fluctuates between 100k - 500k:

What are my chances if I apply for a one year non O?

What are the fees for this?

[Smithson]

Sunbelt,

If I am married, have a valid work permit with a non B valid to early Jan, a monthly income of 40k+ and a bank balance the fluctuates between 100k - 500k:

What are my chances if I apply for a one year non O?

What are the fees for this?

[Bill]

Hmmm . .. does the declaration of income from the US Embassy mean that I don't have to have 400k (or monthly equiv) in my Thai bank account when I go to extend for 12 months?

Be aware that any "declaration of income" by a US national at the US embassy could be used to establish an income tax liability. Not a problem if the income is from a US source with taxes already collected, but not everyone may fall into that category.

Also remember that the US$89,000 yearly exemption on foreign earned income does not apply to interest, investment, or pension income. If it's not income from wages, you pay tax beginning with the first dollar you earn.

[gavstah]

Hmmm . .. does the declaration of income from the US Embassy mean that I don't have to have 400k (or monthly equiv) in my Thai bank account when I go to extend for 12 months?

Be aware that any "declaration of income" by a US national at the US embassy could be used to establish an income tax liability. Not a problem if the income is from a US source with taxes already collected, but not everyone may fall into that category.

Also remember that the US$89,000 yearly exemption on foreign earned income does not apply to interest, investment, or pension income. If it's not income from wages, you pay tax beginning with the first dollar you earn.

Duly noted - my income is generated in the US, and taxes are paid on it - so I have no qualms about swearing to it on paper.

[my benny rai]

This is not an attack, more a jovial observation that would like confirmation.

As maxx said, the new marriage visa laws work in his favor because his wife supports him. So, am I correct in thinking that...

if a foreign man is legally married to a Thai woman who makes over 40,000 baht per month, he does not have to work or declare any money or have money in the bank and can simply apply for a Non Immigrant O Visa by showing her income and tax slips??? Is it really that easy or is there a catch?

So all such a man like that has to do is get on a plane to Penang, apply for a Non Immigrant O Visa with the required papers and basically declare that he is getting supported by her?

What papers are now needed to apply for such a visa?