Refused marriage extension monthly income and WP

[Panwilai82]

Hi, I went to Immigration today to extend Non O visa obtained in Savan last year. I am married to a Thai, have a Thai child but have had my WP for 2 months so only 2 months tax and SS receipts. We asked for a 2 month extension which would allow us to come back then with 4 months of receipts but we're told by 2 IO that the only way they will extend is for me to have 400,000b in my bank for 2 months or 40,000b income from my home country not Thailand. Can anybody clarify this for me? If this is true what are the options for me to extend through my income made in Thailand.

 

Thanks in advance for your info.

 

Wil

[ubonjoe]

Which immigration office was it telling you that incorrect information.

From clause 2.18 of  Immigration Bureau Order 138/2557  documents for extension of stay.

Quote

5. Only for Criteria (5) paragraph 1 and (6), the applicant must attach a funds deposit certificate issued by a bank in Thailand and a copy of a bankbook, or attach documents proving that the parents or alien husband earns an average monthly income of no less than Baht 40,000 throughout the year, such as any particular individual income tax return together with payment receipt, evidence of receiving retirement pension, evidence of receiving interest from funds deposit, or evidence of having other funds issued by the relevant agency. An affidavit must also be submitted confirming the alien’s marital or parental status with a Thai national.

 

[Panwilai82]

It was Korat

[ubonjoe]

2 minutes ago, Panwilai82 said:

It was Korat

They were certainly wrong. Many people are on extensions of stay based upon marriage and using their income from working to get them.

 

[Panwilai82]

Any advise on what I can do? 

[ubonjoe]

You could show them what the immigration order states or call 1111.

[lopburi3]

Quote

 an average monthly income of no less than Baht 40,000 throughout the year, such asany particular individual income tax return together with payment receipt

Believe this may actually be the issue - he does not have such income tax return/payment receipt to offer as proof of income yet?

[Panwilai82]

Do you have a link of the order in Thai? Thanks for your help

[ubonjoe]

4 minutes ago, Panwilai82 said:

Do you have a link of the order in Thai? Thanks for your help

• Immigration Bureau Order 138/2557  Thai text

[Panwilai82]

5 minutes ago, lopburi3 said:

Believe this may actually be the issue - he does not have such income tax return/payment receipt to offer as proof of income yet?

I only have 2 months. I read it should be 3 months of tax and SS receipt but they didn't give me that option. They said 40,000b pm has to be earned in my home country not Thailand

[Panwilai82]

3 minutes ago, ubonjoe said:

• Immigration Bureau Order 138/2557  Thai text

Thanks for your help. Much appreciated.

[ubonjoe]

9 minutes ago, lopburi3 said:

Believe this may actually be the issue - he does not have such income tax return/payment receipt to offer as proof of income yet?

He wrote he has 2 months of tax payment receipts which should be enough. They would not expect an annual tax return unless he had been working long enough to do one.

[Anythingleft?]

7 minutes ago, ubonjoe said:

17 minutes ago, lopburi3 said:

Believe this may actually be the issue - he does not have such income tax return/payment receipt to offer as proof of income yet?

He wrote he has 2 months of tax payment receipts which should be enough. They would not expect an annual tax return unless he had been working long enough to do one.

Think Lopburi3 is correct on the technicality though, it does state a tax return so that the proof would be for one years worth of payments even though it is a bit pedantic

[ubonjoe]

1 minute ago, Anythingleft? said:

Think Lopburi3 is correct on the technicality though, it does state a tax return so that the proof would be for one years worth of payments even though it is a bit pedantic

A tax return can be a monthly one also.

Also the OP wrote that they told him that it him that it had to be income from his home country. No mention of there being a problem with his income proof.

[Anythingleft?]

3 minutes ago, ubonjoe said:

A tax return can be a monthly one also.

Also the OP wrote that they told him that it him that it had to be income from his home country. No mention of there being a problem with his income proof.

Well anyway good luck to him and I hope he gets it sorted, there always seems to be a hassle somewhere down the line for this kind of thing where people generally only want to do the right thing

[Panwilai82]

Could this be done in a different province?

[lopburi3]

You must extend in the immigration office serving the province you live - most all provinces have a dedicated office now.  So you can move and then extend in the new location - but that would not likely work well for someone with employment.

[tlock]

try an "agent".

[lopburi3]

3 hours ago, tlock said:

try an "agent".

Your risk - if there is any illegal activity involved it will be on you.  It could cost more than an extra fee.

[recycler]

I've extended based on marriage and an income from a Thai company for years, but immigrations didn't really like it due to the much larger amount of documents they have to check. I'm without a job in Thailand now and in the process of renewal based on the 400,000 Baht in the bank with the much smaller stack of paper.

[ubonjoe]

6 minutes ago, recycler said:

I've extended based on marriage and an income from a Thai company for years, but immigrations didn't really like it due to the much larger amount of documents they have to check. I'm without a job in Thailand now and in the process of renewal based on the 400,000 Baht in the bank with the much smaller stack of paper.

The immigration office where you applied using your income created the paperwork requirement themselves. Some go way overboard in what they want besides a copy of your work permit and proof of income by way of tax payments.

[Thaidream]

This is a perfect example of an IO providing incorrect information and disrupting an honest families life and making them worry for no reason. Having proof of employment in Thailand with a work permit should be one of the easiest ways to have an extension of stay. If there was a time element- the IO should have told the OP that he could get an initial 60 day visa for visiting spouse and then apply the law properly.

The OP might want to consider returning with the law printed in Thai and diplomatically discuss the situation with a new IO if possible

It never ceases to amaze me how much of a hassle some IO's  give people. I once had an IO ask me for my original passport that I used to enter Thailand  on the date I married.  I had been married already 25 years to a Thai and they said the marriage certificate was not enough proof. Luckily, my spouse saved old passports and the next day when I presented it to the IO they were shocked. The IO then questioned why on the date of marriage my permission to stay was only 15 days.  My answer was simple- that was the Thai law in effect on that date. He then approved the 1 year extension. I suspect he was looking for some added funding which he did not get.

[lopburi3]

He is attempting to extend on the basis marriage - not employment.

[Grubster]

I hate to say it but it seems to me a subtle hint from your wife that you intend to leave a nice tip seems to really get papers moving around. Don't give tips 1st as that is a bribe. good luck.

[Panwilai82]

10 hours ago, tlock said:

try an "agent".

If anybody knows of any around here I could look into it. I'm not looking to do anything ilegal but would be nice to have somebody who knows the law and stand up to these people.

[ubonjoe]

6 minutes ago, Panwilai82 said:

If anybody knows of any around here I could look into it. I'm not looking to do anything ilegal but would be nice to have somebody who knows the law and stand up to these people.

Perhaps Isann lawyers a sponsor ot the Isaan forum. http://www.isaanlawyers.com/

[thaibeachlovers]

2 hours ago, Thaidream said:

This is a perfect example of an IO providing incorrect information and disrupting an honest families life and making them worry for no reason. Having proof of employment in Thailand with a work permit should be one of the easiest ways to have an extension of stay. If there was a time element- the IO should have told the OP that he could get an initial 60 day visa for visiting spouse and then apply the law properly.

The OP might want to consider returning with the law printed in Thai and diplomatically discuss the situation with a new IO if possible

It never ceases to amaze me how much of a hassle some IO's  give people. I once had an IO ask me for my original passport that I used to enter Thailand  on the date I married.  I had been married already 25 years to a Thai and they said the marriage certificate was not enough proof. Luckily, my spouse saved old passports and the next day when I presented it to the IO they were shocked. The IO then questioned why on the date of marriage my permission to stay was only 15 days.  My answer was simple- that was the Thai law in effect on that date. He then approved the 1 year extension. I suspect he was looking for some added funding which he did not get.

I used to love LOS and saved for 10 years to stay here the rest of my life. I even got married to a Thai lady.

Now I thank the deity that I am divorced and there is nothing to keep me from just leaving if it gets too bad. It seems every time I look on this forum someone has a tale of woe to tell.

The having to have the original passport one got married on is the latest classic. Someone was told they couldn't get divorced without it. Happily that didn't happen to me, but I'm probably heading for the exit now. Eventually we will all get the message that they don't really want us here. If they did, we'd get back to back 90 days visa exempt entry at any border like I used to in the 90s, and staying long term would be as simple as Cambodia makes it.

Sad.

[khunpon]

You might find this link http://bangkok.immigration.go.th/en/base.php?page=faq useful. Have a look "Question 16 : Is it possible for the alien to stay in Thailand with his Thai wife? What are the requirements?". I quote:

" For foreign husband working in Thailand

• Work Permit
• Letter from his employer verified employment and salary in details.(monthly salary must not be less than 40,000 Baht)
• Evidences of  payment of annual income tax with receipt (Por Ngor Dor 1 of latest three months and Por Ngor Dor 91 of the previous year)
  OR 
       5.2  In case of having money in the bank account (Fix/Saving Deposit) of any bank in Thailand
             -  The updated bank passbook on the date of application submission showing his account of not less than 400,000 Baht which has been deposited and consecutively held of such amount for 2 months
             -  Letter from the bank certified that account.  
  OR
       5.3  In case of foreign husband having any other income (not working in Thailand) such as pension,social welfare etc.
          -  Letter from the applicant’s Embassy consulate in Bangkok verified his monthly pension or other income not less than 40,000 Baht per month
  An affidavit confirming the alien’s status with a Thai national "

It says evidence of payment of ANNUAL income tax. 

[Autonuaq]

Go to the Embassy and request the form for proof of income from abroad 

Read the document carefully and fill that from out,

Then wait a few days till they have returned it to you or if explain they can provide it quicker to you.

 

The form from the Embassy will show your income from abroad and that will if all goes well enough as well provide the proof of income needed

 

[ubonjoe]

16 minutes ago, khunpon said:

You might find this link http://bangkok.immigration.go.th/en/base.php?page=faq useful. Have a look "Question 16 : Is it possible for the alien to stay in Thailand with his Thai wife? What are the requirements?". I quote:

" For foreign husband working in Thailand

• Work Permit
• Letter from his employer verified employment and salary in details.(monthly salary must not be less than 40,000 Baht)
• Evidences of  payment of annual income tax with receipt (Por Ngor Dor 1 of latest three months and Por Ngor Dor 91 of the previous year)
  OR 
       5.2  In case of having money in the bank account (Fix/Saving Deposit) of any bank in Thailand
             -  The updated bank passbook on the date of application submission showing his account of not less than 400,000 Baht which has been deposited and consecutively held of such amount for 2 months
             -  Letter from the bank certified that account.  
  OR
       5.3  In case of foreign husband having any other income (not working in Thailand) such as pension,social welfare etc.
          -  Letter from the applicant’s Embassy consulate in Bangkok verified his monthly pension or other income not less than 40,000 Baht per month
  An affidavit confirming the alien’s status with a Thai national "

It says evidence of payment of ANNUAL income tax. 

The FAQ section is not considered official and is general in nature.

Annual income tax is paid monthly. As indicated by this "Por Ngor Dor 1 of latest three months" it would not be possible to show the PND91 unless working long enough to have one.