Canadian Girl Married To Thai Man...

[SkyWeung]

OK, here's my situation, and I would really need some advice, because I'm getting so confused with everything you can read on the net and hear everywhere.

So, I'm a (french) canadian girl and been living in Thailand for 15 months on the visa run. I met my thai husband about a year ago, and in June, we signed a contract together to rent a piece of land in Chiang Mai. Because there was absolutely nothing on this land before, I then invested about 150 000 bahts and my husband 40 000 bahts to build a small cafe, and we have now been open for about a month and a half. Things are looking good, and I think we're gonna make a pretty good buisness, but our place is tiny I'm not sure we could make as much as 40 000 bahts profit every month for the first year (hey it's brand new, we gotta give it time!).

With the new visa regulations I'm getting more and more worried about finding a way out since we don't have a lot of money. We got married in late November, and I'm now back home in Canada for 3 weeks for Christmas and I really have to figure out my visa before I come back.

Before I went home, I went to this lawyer office around the corner of my home, they're really friendly and helpful (not to mention the free consultations) and I also went to the @!$%?&*$ Immigration Bureau in Chiang Mai and here's what came out:

- Lawyer says farang women married to thais don't need to show any amount of money to get the non-immigrant type o visa and he seems 100% sure about this, though I quite don't believe it.

- Lawyer says I don't need to go out of Thailand to get my first 3-month thing, as long as I still have 21 days of validity on my current visa, and rude immigration bureau officer turned me down saying I have to go to Laos or Malaysia

Now I want to apply for the 3-month non-immigrant o via mail in my home country and get it extended to one year when back in Thailand... any chance it might go wrong?

Help....! Before I get headache...!!

[Maestro]

It used to be that only a real visa (tourist visa) could be changed at the immigration office to an non-immigrant visa. Recently, however, there have been many reports about immigration offices changing also from a visa-exempt entry stamp, but since this does not seem to be covered by the written rules you may have difficulty forcing your particular immigration official to do it for you.

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Maestro

[eugengeri]

OK, here's my situation, and I would really need some advice, because I'm getting so confused with everything you can read on the net and hear everywhere.

So, I'm a (french) canadian girl and been living in Thailand for 15 months on the visa run. I met my thai husband about a year ago, and in June, we signed a contract together to rent a piece of land in Chiang Mai. Because there was absolutely nothing on this land before, I then invested about 150 000 bahts and my husband 40 000 bahts to build a small cafe, and we have now been open for about a month and a half. Things are looking good, and I think we're gonna make a pretty good buisness, but our place is tiny I'm not sure we could make as much as 40 000 bahts profit every month for the first year (hey it's brand new, we gotta give it time!).

With the new visa regulations I'm getting more and more worried about finding a way out since we don't have a lot of money. We got married in late November, and I'm now back home in Canada for 3 weeks for Christmas and I really have to figure out my visa before I come back.

Before I went home, I went to this lawyer office around the corner of my home, they're really friendly and helpful (not to mention the free consultations) and I also went to the @!$%?&*$ Immigration Bureau in Chiang Mai and here's what came out:

- Lawyer says farang women married to thais don't need to show any amount of money to get the non-immigrant type o visa and he seems 100% sure about this, though I quite don't believe it.

- Lawyer says I don't need to go out of Thailand to get my first 3-month thing, as long as I still have 21 days of validity on my current visa, and rude immigration bureau officer turned me down saying I have to go to Laos or Malaysia

Now I want to apply for the 3-month non-immigrant o via mail in my home country and get it extended to one year when back in Thailand... any chance it might go wrong?

Help....! Before I get headache...!!

I assume the immigration bureau officer didn't turned you down, he only want to explain to you as long as you can't show a sure monthly family income from more then 40k he can't make an annual extension after. So he maybe mean you've to go abroad for an other "O".

[Maestro]

No, Eugen, it can’t be that. A foreign woman married to a Thai national does not have to show proof of 40k/month family income.

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Maestro

[Fun2Fun]

No, Eugen, it can’t be that. A foreign woman married to a Thai national does not have to show proof of 40k/month family income.

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Maestro

Even after the new 1. Oct rules?

And if not, is there not some sort of income requirement for the Thai husband which have to be shown?

[old wanderer]

I have been carefully reading all these post as they affect me as well.

1. Go to the Thai consulate in Canada and apply for a O visa, (But you need your marrage cert and a copy of you husbands ID or Passport).

2. The Visa is valid for 3 months. (This simply means you must arrive in Thailand within 3 months of the issuance.)

3. Do a border run every 90 days as the O visa is good for 1 year. (You will need the multiple entry type O I believe).

4. Next year do the same thing if you do not have 40k/mo income between the 2 of you. If you can show 40K baht/mo income just get it extended.

On the issuance of a O visa based on a spouce there is no requirement for money, only on the renewal.

That is how I understand the rules.

[lopburi3]

What the lawyer says is true, or at least has been true. A tourist visa can be changed but not a 30 day entry without visa stamp which seems to be what you had (there have been recent exceptions made during the period of change but do not believe Chiang Mai has been doing them). The old system was a woman did not need to show support (like a male) but the Thai husband did have to show some means of support (but there was not set procedure). Am not sure if the new rules will apply to both now (40k family income) but logic would say it should.

If I were in Canada I would be looking to obtain a multi entry non immigrant O visa in the event that you can not immediately extend your stay at immigration. This could postpone that need for almost 15 months with 90 day visa runs.

[aussiestyle1983]

Just apply for the 1 year multi entry Non O. Maybe in 3 months you still can not meet the extension requirements. At least with a 1 year you will be able to stay here for the next 15 months if you use the visa correctly. It will only be one or two hundred more dollars, but you will feel alot better with the one year visa in your passport. Make sure you take the marriage cert from the amphur.

[Maestro]

Even after the new 1. Oct rules?

Particularly after October 1. See paragraph 7.17 of Police Order 606/2006. In the third column, it says specifically that only for the married man’s extension proof of income is required. This means that for all other extensions under 7.17, including the foreign wife of a Thai national, this proof of income is not required.

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Maestro

[SkyWeung]

Well, that's good news, thanks to everyone for replying.

Just want to make sure about a couple of things...

- It's quite hard to find the information on the net, since the Royal Thai Embassy in Canada website is ###### ugly and confusing, but visa applications can be made in both CONSULATES and EMBASSIES, right?

- I've got my marriage certificate (original in thai), a photocopy of my husband's home registration and a photocopy of his ID card here with me in Canada, I suppose I don't need more supporting documents for my visa...? Should I sent the original of my marriage certificate or a photocopy would do...?

- Should I drive 3 hours to go and apply in person for more safety (I mean if there's trouble I'm gonna be standing right in front of them) or doing it by mail is really no problem...?

- On the (ugly) Royal Thai embassy in Canada website, there's the following notice about non-immigrant O multiple entries visa : **Multiple entries for Non-Immigrant Visa may be issued strictly for business reasons only with the consideration of the issuing officer.** I would like to add that this website doesn't seem to have been updated recently, since I cannot find anything about October 1rst new regulations, so I also went on the Royal Thai Embassy in the USA website and there was a lot more details about the non-o multiple entries visa, saying I can apply for it for "family" reasons, including marriage.

- If for some reason, I cannot get my visa done, or something happens, do you think I still can return to Thailand on January 11th (got my return ticket already), get my tourist stamp on arrival (given that I used up only 12 days on my last stamp, so I still have 18 left) and then try to sort things out in Malaysia or something...?

[SkyWeung]

Update :

Since I'm probably not the only one in this situation, I just wanted to share what I read about non-immigrant type O visa on the main thaivisa.com page cause I found really clear answers there :

Applying for an extension for aliens who support or are being supported by a spouse with Thai nationality or who has residence in Thailand

Initial place to contact: An alien must apply for non-immigrant visa "code O" at a Thai Embassy or Consulate abroad before he/she enters the country.

Duration of the first permit: As warranted by this visa, the applicant will receive permission to stay for 90 days.

Duration of extension: The Immigration Office will grant that applicant a maximum extension of one year at a time.

Requirements:

1. Application Form T.M. 7.

2. A copy of passport or substitute document.

3. One 4*6 cm. Photo.

4. Marriage certificate.

5. 500 baht fee.

6. Birth certificate (if any) & current medical original certificate (any Thai clinic will do for 30-50 baht).

7. Evidence to identify that the supporter or the one being supported has a Thai nationality or has residence in Thailand.

8. If an alien is the supporter, he must submit financial evidence, proof of employment, work permit and tax receipts.

So it looks pretty clear to me that, as unfair as it seems (not that I am complaining!!), if the supporter is a thai men, no evidence of income has to be shown, as my lawyer also assured me. And interesting details, this article was written on October 18th, after the new regulations started, so it must be still accurate.

I'm starting to breathe again...! I'm gonna try to write updates later about how things are going... or anyone did it before...? I would be really interested to hear your stories, you farang ladies...!

[Maestro]

...visa applications can be made in both CONSULATES and EMBASSIES, right?

Yes. Generally speaking, you can expect a more attentive service from an Honorary Consulate than from the consular section of the embassy staffed by government employees.

- If for some reason, I cannot get my visa done, or something happens, do you think I still can return to Thailand on January 11th (got my return ticket already), get my tourist stamp on arrival (given that I used up only 12 days on my last stamp, so I still have 18 left) and then try to sort things out in Malaysia or something...?

Yes.

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Maestro

[Maestro]

- Should I drive 3 hours to go and apply in person for more safety (I mean if there's trouble I'm gonna be standing right in front of them) or doing it by mail is really no problem...?

...Thai Embassy in the USA website and there was a lot more details about the non-o multiple entries visa, saying I can apply for it for "family" reasons, including marriage.

Correct. On the visa application, purpose of visit: “visit family”

I suggest that you call an honorary consul to ask what documents he wants to see with your application (usually only copy of marriage certificate), then make your application by mail.

Bonne chance!

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Maestro

[lopburi3]

You should not have any problem at all in obtaining at least a single entry non immigrant O visa and as said at the smaller Consulates you will probably have a better chance for a multi entry. The information on extension of stay from immigration is very much out of date so your best bet is to ask at the office you will use what they want as it does vary a bit. The current price is 1,900 baht, there is no medical certificate involved, and the newest rules are not based on support.