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The Immigration Bureau explains the new rules in effect July 10, 2004

BANGKOK: The Immigration Bureau has released an official document in English describing in detail the new visa extension regulations in case of beeing a foriegn husband supporting a Thai wife.

The PDF-file can be viewed or downloaded from thaivisa.com website here.

The official document is issued by the Immigration Bureau's office in Nongkhai, but reflects all areas of Thailand as the final approval of all one year applications are done in Bangkok.

Surprisingly there is no mention of any grandfathered conditions for applicants already in the extension system.

Source: thaiimmigration.com

Note: You need to have the free Adobe Reader installed on your computer in order to view/download the file.

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The Immigration Bureau explains the new rules in effect July 10, 2004

BANGKOK: The Immigration Bureau has released an official document in English describing in detail the new visa extension regulations in case of beeing a foriegn husband supporting a Thai wife.

The PDF-file can be viewed or downloaded from thaivisa.com website here.

The official document is issued by the Immigration Bureau's office in Nongkhai, but reflects all areas of Thailand as the final approval of all one year applications are done in Bangkok.

Surprisingly there is no mention of any grandfathered conditions for applicants already in the extension system.

Source: thaiimmigration.com

While two Immigration Divisions have differing views, the matter will be dealt with according to the way individual officers choose to deal with it. T i T :o

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Application for temporary stay in the Kingdom in case of being a

foreign husband supporting a Thai wife.

INDEX:

Page 1: - Rules and Conditions

Page 2: - Needed Documentary Evidence for Consideration of Approval,

- Financial Evidence in case of being 50 years or older

Page 3: - Financial Evidence in case of being below 50 years old

- Detailed description of needed Financial Evidence

Page 4: - Remarks, Period of Approval,

- Fees and Fines

- Power of Authorisation for Approval of Applications

Page 5: - How to act after submitting the Application

Page 6: - The 90-days stay Notification

Rules and conditions:

1. A foreigner married to a Thai citizen can request for extension of temporary stay in

the Kingdom with the reason to provide support and maintenance for his Thai wife.

You can apply when you are legally married to a Thai national and have permanent

employment or other effective income to support your wife.

2. You have to apply for a Non-Immigrant Visa Type “O” before you enter Thailand.

(Do only apply for single-journey, not multiple entry visa. The later will be waste of

money).

As for all Non-Immigrant Visas you must apply for the visa at the Thai Embassy or

consulate located in your original country or any other country outside Thailand. You

can’t apply after arrival to the Kingdom.

3. When you enter into Thailand the Immigration Officer at the border point where you

enter will put a seal on your visa to approve a 90 days stay. Two weeks before this

seal expires you must submit your request for extension of your temporary stay in the

Kingdom for another 365 days / 1 year at any Immigration Office in Thailand.

Needed Documentary Evidence for Consideration of Approval:

(Notice that all documents mentioned in # 3, 4, 5, 6, 7, 8, and 9 must be submitted in

Original + 2 signed photo copies).

1. Two applications for extension of temporary stay in the Kingdom (T.M.7).

(Can be downloaded here: http://www.thaiimmigration.com/apf/TM7.doc)

2. Two photographs 4x6 cm. taken not more than 6 months before date of application.

(Photographs taken from a digital camera and printed out via computer are strictly

prohibited. You must be dressed up politely without hat, cap or sunglasses).

3. Your valid passport.

4. Marriage Certificate.

If registered abroad and the marriage certificate is recorded in a foreign language,

you must have the marriage certificate translated and certified at your Embassy. After

that you must have the Ministry of Foreign Affairs located at Jaeng Wattana, Laksi,

Bangkok legitimate the Thai Translation.

(The foreign Embassies in Bangkok are used to this work, and if you got any

questions in this regard they can surely assist you).

If you have been married in Thailand, we also request you to enclose the Letter of

Certificate issued by your Embassy at the time of your wedding stating your previous

marital status.

(Continue)

5. Birth Certificate of children (if any). If your children were born abroad, you must

follow the same process as mentioned in #4.

6. The valid ID card of the Thai wife. If it’s a temporary ID card or a replacement ID

card (yellow card), her photo with signature must be attached together with the

official seal.

7. The House Registration of the Thai wife and your children (if any).

In case of being 50 years or older:

8. Documentary evidence describing your finances:

(Please also see “Description of needed Financial Evidence”).

8.1. Bank or saving account in a bank in Thailand. You must have the bank issuing

you a letter of confirmation certifying such an account.

8.2. Statement showing current balance of and money transfers from abroad to the

said bank/saving account. The statement must be dated not earlier than 10

days before it’s submitted to Immigration.

8.3. Letter of certification issued by your Embassy in Thailand, stating that you have

a permanent income from pension or security money in your home country.

In case of being below 50 years old:

9. In case of being in working age (not reached the age of 50), evidence of employment

must be submitted:

9.1. In case of working abroad, you must submit evidence of your employment and

your financial sources. This evidence has to be certified by your Embassy.

9.2. In case of being employed in Thailand:

- Work permit

- Letter of Certification of Employment

9.3. In case of the first year application for temporary stay in the Kingdom and not

having an employment, you can be approved for a 9 months stay first with the

condition that at the time of next application you must have an employment. In

case of no employment you will be interrogated thoroughly how you can

support yourself and your wife, what sources of finance you got and why.

Detailed description of needed Financial Evidence:

(Notice that all documents mentioned must be submitted in Original + 2 signed

photocopies).

In case of sole bank deposit

1. Bank Statement from a Thai Bank showing a deposit of not less than 200.000 THB*.

2. Letter of Certification from the Bank confirming existence of the account and

certifying the deposit.

In case of sole permanent income (pension or security money)

3. Letter of Certification from your Embassy in Thailand certifying that you have a

permanent income of not less than 20.000 THB** a month.

4. Bank Statement from a Thai Bank showing regular overseas transfers of an efficient

amount (not less than 20.000 THB** a month) to a saving account in Thailand.

5. Letter of Certification from the Bank in Thailand certifying the existence of the

account, the overseas transfers, and the current balance of the account.

In case of a combination of bank deposit and permanent income

6. All documents mentioned in # 1, 2, 3, 4, and 5 together showing a total of not less

than 200.000 THB* a year.

7. Letter of Authorization giving your consent that the Immigration Officer is allowed to

check the current balance of your bank account at any time.

*/** After 9th July 2004 the Financial amounts will be not less than 400.000 THB

a year / 40.000 THB a month for new applicants.

Remarks:

1. The applicant must submit the application in person accompanied by his wife.

2. The applicant must present all original certifications + 2 photo copies of each, with

signature of both the applicant and his wife, before submitting the application, so

that the Immigration Officer can examine them beforehand.

3. At the time of first application, the Immigration Officer will inquire and record the

statements of the applicant and his wife. This process takes about 1 – 2 hours. For

the following years the Thai wife must accompany the applicant every time a new

application is submitted.

Period of Approval:

1. Each approval is for not more than 365 days / 1 year.

2. For the first year it is approved for one year completely, effective from the day the

applicant entered Thailand.

3. For the following years it will be approved for 1 year from expiry date to expiry date.

4. When it is due for the first year the applicant can apply for another extension of

temporary stay in the Kingdom without having to leave Thailand.

Fees and Fines:

1. Fee for a 1-year single entry extension is 1.900 THB.

2. Fee for a 1-year multi entry extension is 3.800 THB.

3. Fine for overstay is 200,00 THB a day.

Power of Authorisation for approval of applications:

1. Power of Authorisation for approval of applications solely belongs to the Central Main

Office of the Immigration Authorities in Bangkok.

2. At the time of first application, if all documents and evidence are completely provided,

the time of processing will be approximately 45 days, and for the following times 30

days.

3. The applicant must contact the same Immigration Office again in person until the

application is permitted. (You can’t change Immigration Office during the process).

How to act after submitting the application:

1. After submitting the application the applicant has to wait for the result of his

application according to the due date the Immigration Officer gives him.

2. The Immigration Officer will put a seal (stamp) with the expected date for the

appearance of the result of the application in the applicant’s passport.

3. When you receive your passport back from the Immigration Officer at the time of

handing in your application, you should carefully check it and notice the date stamp

with the expected arrival date of the answer to your application. Also notice the

content of the notification slips, which you have to follow strictly. (It is regarded that

the Immigration Officer already has explained everything to you). If you have any

questions or doubts, you should ask the Immigration Officer at this stage.

4. You have to come for the answer to your application on the exact date mentioned in

the stamp in your passport. If you cannot attend in person, you can send a

representative carrying your passport.

5. In case the result of your application hasn’t arrived on the due date mentioned in the

stamp in your passport, the Immigration officer will put a new stamp with a new date

in your passport.

6. In case you have to go abroad while your application is under process; you must

apply for a re-entry visa to reserve your rights before you leave the Kingdom. And

you must be back in the Kingdom within the due date mentioned on the stamp in

your passport. If you fail to get a re-entry visa or do not return to the Kingdom within

the due date all your rights are lost. Then you will have to go out of the Kingdom and

apply for at Non-Immigrant Visa “O”; come back into the Kingdom; and then start the

whole procedure all over again.

7. In case you want to go abroad after you application has been approved, you must

make sure to apply for a re-entry visa first. If you fail to do that all your rights are

lost and you have to start over as mentioned in # 6.

The 90-days stay Notification

1. The Immigration Officer will put a notification slip about the 90-days stay in your

passport, both if your approval of your application is still pending or if it has already

been approved. You will have to notify your stay to the Immigration every 90 days on

the due date the Immigration Officer gives you. You can ask the Officer for the

Notification Form, T.M.47, or you can download one here:

http://www.thaiimmigration.com/apf/TM47.doc

2. To write your address on the application form T.M.7 doesn’t mean that you have

notified your accommodation according to Thailand's Law on Immigration Section 37,

Unit 5.

3. You have duty to notify your stay for every 90 days, even though you are approved

to stay in the Kingdom for a whole year.

4. The fine for not complying with this rule is 5000,00 THB.

5. For more details about this rule see:

http://www.thaiimmigration.com/inv/index.php?showtopic=4

***

The Royal Thai Immigration, Nong Khai / April 2004

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Guest Lazarus

I'm not sure whether I am missing something George, but the grandfather clause appears at the bottom of page 3 +/++ after July 9, 2004, the funds in the bank will be 400,000/40,000 per month for all new applicants. Looks like a grandfather to me. (From the PDF). In the post above, it is item 7.

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I'm not sure whether I am missing something George, but the grandfather clause appears at the bottom of page 3 +/++ after July 9, 2004, the funds in the bank will be 400,000/40,000 per month for all new applicants. Looks like a grandfather to me. (From the PDF)

Lazarus, please see this post:

As for now Nong Khai Immigration got two different sets of instructions from the Headquarters in Bangkok on how the new financial rules are to be executed/interpreted .

They got one from Division 3 stating that the new rules goes for everybody, which means no “Grand fathering rule”.

They also got one from Division 1, in form of a letter addressed to a member of this forum, saying that the new financial rules only applies to new applicants, e.g. people who applies for extension first time after 9th July 2004, which means that there is a “Grand fathering rule” for former applicants.

Superintendent Pol.Col. Sorrapol, Nong Khai Immigration, has done a big work trying to find out which instruction is to be followed, but so far without any luck. All people at HQ in BK say, “We don’t now” .

Our impression is that nobody really knows, and those two sets of instructions slipped out before anybody got to talk about it across the 4 Divisions.

That has given us a kind of delicate situation, because we are out in a possible “lose face” situation. None of the two Divisions can step forward and say, “We were wrong”. Neither can any of them state about the other, “You are wrong”. So to keep it simple, let’s just say they are both right.

That simply leaves it up to each Immigration District to interpret the rules. Here is the policy Nong Khai Immigration is going to follow (and we quote Superintendent Pol.Col. Sorrapol):

“Of course we hope most people can meet the new demands, and those who possible can, should do so. But if some “oldies” known to us can’t, we will process their applications anyway. Nobody is going to be thrown out because they can’t meet the new financial demands. Still, Bangkok got the final word in this, since they are the ones giving the final approval of all applications”.

Finally some “insider” advice to our readers:

1. Do not approach the Immigration Officer demanding your application to be treated according to the “Grand fathering rule”. Then you can be sure of being informed that the officer has never heard of such rule and your application rejected. As things are now there is officially no such thing as a “Grand fathering rule”. It’s a question of goodwill from the officer whether you get it or not.

2. Only “oldies” known to Nong Khai Immigration will get “oldie” treatment, which means people who has been granted extension before by NKI. People from other districts who might think they got a better chance at NKI can forget about it. They will be treated as newcomers and have to comply with the new financial requirements. (This policy to protect and give NKI’s own “oldies” a better chance of approval).

Source: thaiimmigration.com 2004-04-14

http://www.thaivisa.com/forum/index.php?sh...indpost&p=76839

It doesn't look to clear to me.... :o

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Guest Lazarus

But are both of them referring to the same document, and if not, what is the official status of the rules and their application. Though I accept your point, rule 7, effectively grandfathers. If not, is it rules or guidelines. If guidelines, does this mean a little "under the counter" will ensure a not too accurate look at banking issues?

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But are both of them referring to the same document, and if not, what is the official status of the rules and their application. Though I accept your point, rule 7, effectively grandfathers. If not, is it rules or guidelines. If guidelines, does this mean a little "under the counter" will ensure a not too accurate look at banking issues?

Our impression is that nobody really knows, and those two sets of instructions slipped out before anybody got to talk about it across the 4 Divisions.
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Surprisingly there is no mention of any grandfathered conditions for applicants already in the extension system.

The way I read this:

*/** After 9th July 2004 the finacial amounts will be not less than 400,00THB a year / 40,000THB a month for new applicants

Surely, that is the grandfathered condition!!!

ESBKK

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I noted that the subject of the new rules is Application for temporary stay in the Kingdom in case of being a foreign husband supporting a Thai wife.

I read this as applying ONLY to foreign husbands supporting a Thai wife, not to retirees and others.

It would be nice to see any new rules (if there are any) applying to retirees (including foreign husbands supporting Thai wives who are on retirement visas and not dependency visas).

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The new regulations look like nothing more than change for change's sake. Or seem to intended to address non-existant problems and then only ineptly.

For those who have irregular or undocumentable income and are married to Thai wives, a one year multiple entry visa and 4 well-timed visa runs would still seem to be the smart choice. Make it two days in Penang to get the visa and then 4 days lost over the next 15 months... Not the cheapest solution, but one that will still work for quite a large number of people.

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It would seem that this is only for farangs married to thai ladies, not farang ladies married to a thai man. Ladies don't need to do anything like this and can even work legally in Thailand.

I hope that this does not change for those of us over 50. I would hate to think I have to leave 800,000 in a thai baht aco##### earning 1.5%interest for the whole time.

Couple this with the toursits visa's no longer being issued more than twice and you can surely see where this is headed.

If your rich, thailand Welcomes you

if not go somewhere else.

Soon you will see them start to do the tax clearence certificate again ( its always been on the white immigration card) like we had to do years ago. Had to pay 1,000 baht for it every time you left after you had been in the country more than 90 days. What a hassle that was.

Ahh thailand

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The new regulations look like nothing more than change for change's sake. Or seem to intended to address non-existant problems and then only ineptly.

For those who have irregular or undocumentable income and are married to Thai wives, a one year multiple entry visa and 4 well-timed visa runs would still seem to be the smart choice. Make it two days in Penang to get the visa and then 4 days lost over the next 15 months... Not the cheapest solution, but one that will still work for quite a large number of people.

Much easier than tying up 400 or 800 k in a bank with nil return ( if you can get a multi entry non immigrant visa )

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There do seem to be some changes. One is the requirement for Embassy pension verification regardless of using bank deposit, which will be an added step. The bank deposit reads as if it must be in one lump sum (word 'a' used) but doubt that will really be the meaning.

Much clearer rules for those of working age.

I read the 2 copy requirement as for applications outside of Bangkok - believe Bangkok will still only require one copy. Para 8.2 mentions a current bank statement, within 10 days; would this be the passbook that has been updated within the last 10 days? Or are you able to request a 'statement' for the past year perhaps?

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I have been in Thailand for over 5 years and have always been here on a work permit from the US company that I work for. I am now 62 yrs old and elgible for US social security and I have a Thai wife and we have 1 son.

Question...Can I continue to work with this "Thai Wife" visa and can I get a statement from my company as to the salary and will that satisfy most of the rules? Also since I am here on a work permit, is it necessary to get an "O" visa???

Stoneman

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I have been in Thailand for over 5 years and have always been here on a work permit from the US company that I work for. I am now 62 yrs old and elgible for US social security and I have a Thai wife and we have 1 son.

Question...Can I continue to work with this "Thai Wife" visa and can I get a statement from my company as to the salary and will that satisfy most of the rules? Also since I am here on a work permit, is it necessary to get an "O" visa???

Stoneman

Change to an O when you want to retire ( why tie up 400,000 baht until you have to ) Be aware that you can work on an O visa with a WP, when you are married to a Thai.

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There do seem to be some changes. One is the requirement for Embassy pension verification regardless of using bank deposit, which will be an added step. The bank deposit reads as if it must be in one lump sum (word 'a' used) but doubt that will really be the meaning.

Much clearer rules for those of working age.

I read the 2 copy requirement as for applications outside of Bangkok - believe Bangkok will still only require one copy. Para 8.2 mentions a current bank statement, within 10 days; would this be the passbook that has been updated within the last 10 days? Or are you able to request a 'statement' for the past year perhaps?

Lop the passbook updated is not sufficient, they want a letter from the bank as well. ( and the friendly banker wants 200 baht for that letter )

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MUCH OF THIS APPEARS TO BE ABOUT NONG KHAI ONLY. THE FORUM IS ABOUT NONG KHAI. MOST DOWNLOADABLE FORMS ARE PRESTAMPED NONG KHAI.

Important note on printable forms:

http://www.thaiimmigration.com/af.php

PRINTABLE FORMS HAVE ONLY BEEN APPROVED FOR USE AT NONG KHAI IMMIGRATION FOR USE AT ANY OTHER IMMIGRATION OFFICE YOU MUST CONTACT THEM FIRST FOR INFORMATION WHETHER THEY ACCEPT THOSE APPLICATION FORMS

OR NOT.

Notice: THE TWO PAGES OF T.M.7, T.M.8, and T.M.9 HAVE TO BE PRINTED "BACK TO BACK",WHICH MEANS ON THE FRONT AND BACKSIDE OF THE SAME SHEET OF PAPER.

Here are working links (as of right now anyway) to the various reporting forms:

http://www.thaiimmigration.com/apf/TM30

TM7 Form - extension: http://www.thaiimmigration.com/apf/TM7 can be downloaded for use in Nong Khai only (prestamped)

TM8 Form, Reentry http://www.thaiimmigration.com/apf/TM8 can be downloaded for use in Nong Khai only (prestamped)

TM9 Residence http://www.thaiimmigration.com/apf/TM9 can be downloaded for use in Nong Khai only (prestamped)

TM 30 House Notification (NOTIFICATION FORM FOR HOUSE-MASTER, OWNER OR THE POSSESSOR OF THE RESIDENCE WHERE ALIEN HAS STAYED) http://www.thaiimmigration.com/apf/TM30 Not prestamped - should be able to use it anywhere

TM 30 form Extension NAMES OF ALIENS IN RESIDENCE http://www.thaiimmigration.com/apf/TM30APP

TM 47 Form - 90 days http://www.thaiimmigration.com/apf/TM47 - only Nong Khai applicants can use this form anyway as it is pre-stamped.

Fee table: http://www.thaiimmigration.com/Fees/Fees.pdf

http://www.thaiimmigration.com/tse.php for various categories of temporary stay extensions. These include:

Studying in a public institution

Studying in a private institution

Studying in an international school

Studying Buddhism

Teaching in a public education institute

Teaching in a public higher education institute

Teaching in a private higher education institute

Teaching in a private institute or an international school

Spreading a religion

Training or work investigation

Having a Thai national referee (No, I don 't know what this means)

Being a foreign husband supporting a Thai wife

CONSPICIOUSLY ABSENT FROM THE LIST IS ANY MENTION OF RETIIREMENT

Visas: http://www.thaiimmigration.com/visas.html - under construction

THIS PAGE CONTAINS THE CATEGORIES FOR A TEMPORARY STAY

http://www.thaiimmigration.com/law.html#chapter4

Law on Immigration

Chapter 4

Temporary Stay in the Kingdom

Section 34: Aliens entering into the kingdom for a temporary stay may enter for the below listed activities:

1. Diplomatic or Consular Missions.

2. Performance of official duties.

3. Touring

4. Sporting

5. Business

6. Investing under the concurrence of the Ministries and Departments concerned.

7. Investing or other activities relating to investing subject to the provisions of the law on investment promotion.

8. Transit journey.

9. Being the person in charge of the crew of a conveyance coming to port, station, or area in the Kingdom.

10. Study or observation.

11. Mass media.

12. Missionary work under the concurrence of the Ministries and departments concerned.

13. Scientific research or training or teach in a Research Institute in the Kingdom.

14. The practice of skilled handicraft or as a specialist

15. Other activities as prescribed in the Ministerial Regulations.

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It strikes me that this document doesn't cover the case of someone over 50 who's not receiving a pension but is gainfully employed. Basically it says if you're over 50 and want a marriage visa, you have to show proof of pension!

Of course if you are employed in Thailand, and have a work permit, you have no need of a marriage visa in the first place. But if you're employed as, say, a computer consultant, working for a British company but doing the work in Thailand, you'd be ineligible for the marriage visa. Just a thought ... thankfully I'm not in that situation.

erm, and what about foreign women with Thai husbands?

Foreign women with Thai husbands can get Thai citizenship automatically by having their husbands apply to ohn chaat (confer nationality). No income requirement either.

Aside: Of course this double standard makes folly of the 1997 Thai constitution, which guarantees equal rights for Thai women. In theory, Thai women should have the right to ohn chaat as well. But like every other legal document in Thailand, the constitution means whatever those in authority want it to mean. Still, with the right Thai lawyer it's not inconceivable -- to me at least, others may hold different opinions on this -- that this discriminatory status could be eliminated (in the same way that Thai women may now purchase land, though married to foreigners, and can legally keep their original surnames).

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Lop the passbook updated is not sufficient, they want a letter from the bank as well.

I know that a letter has always been required confirming account and balance but it is mentioned elsewhere and as a letter. But this uses the term statement and requires information that was not previously required in letter (bank deposits). As passbook has this information and has always been required to be shown I believe this may well mean "passbook/statement".

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Lop the passbook updated is not sufficient, they want a letter from the bank as well.

I know that a letter has always been required confirming account and balance but it is mentioned elsewhere and as a letter. But this uses the term statement and requires information that was not previously required in letter (bank deposits). As passbook has this information and has always been required to be shown I believe this may well mean "passbook/statement".

That is fine Lop. :o

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I have always got an "O" RETIRED visa as that is what the lady that does my interviews in BKK said was the best, But this time I will tell her that we want the married visa,she has always wanted to see the passbook,but I have always had a letter from my SCB bank with me as well,they give it to me free.

And she has always wanted a bank acct of at least 60,000 baht,and an income of at least 65,000 figured at 40 baht to the dollar.

So if these new rules are honored by her,then it is better for me,40,000 a month is a better requirement than 65,000 with a bank acct.too.

Dr. P said=

Lop the passbook updated is not sufficient, they want a letter from the bank as well. ( and the friendly banker wants 200 baht for that letter

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erm, and what about foreign women with Thai husbands?

Foreign women with Thai husbands can get Thai citizenship automatically by having their husbands apply to ohn chaat (confer nationality). No income requirement either.

Easier said than done sabaijai. I have tried at my provincial police hq and they are clueless.. and it must be done in the province the husband is registered in. We were told there are income requirements (as well as the need to show income tax receipts for the past 3 years) by Bangkok, as well as language requirements.

Perhaps you have some info I am lacking that makes you think it is so easy? If so, please share, as after living here 15 years, I would love to avoid the yearly hassles of visa extensions, everyone I have talked to who already has citizenship has been a man and I have yet to talk to a woman who has gained citizenship this way. So, if you have some information, please let me know as I am at my wits end here since my local officials don't know how to do it and don't even know its their job!

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What about where the foreigner is married to a thai female and the female is substantially wealthier than the man ie: no financial support required from/to either party ???

This is a cultural issue mainly. The man is classed as the head of the household, and breadwinner, and as such the income / savings are the same as for everyone else.

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This really is a load of <deleted>. They just want to line their pockets nothing new. It has nothing to do with anything but good old fashioned greed. The reason there is no real defined line on rules for thai imigration laws is it's all alot of <deleted>. They make it up as they go along to suit themselves. It is im compelled to repeat A LOAD OF <deleted>.

The PM dreams at night about Thailand being something it's not and resents foreigners because he strives to be like his idea of the wests prosperity.

They want our money but don't want us and are trying to figure out a way to have it both ways a great Thai trait.

Live with it coz it's not gonna get better. It's better than home though lads.

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