Confirming Income for 12 Month Extension Based On Marriage

[thaimekangaroodown]

Hi,

I'm an Australian citizen and have been living in Nakhon Pathom since late last year.
My visa is due to expire at the end of January - 12 Month Extension Based On Marriage.

When applying for my next visa I'm concerned I won't be able to meet the financial requirements.
My wife and I won't have the 400,000baht in an account but will be relying on my income, which is more than sufficient.

The problem I face is I am employed by a company which is Singapore-based, and pays my salary to Australia.
Immigration have said they will accept my income, provided my Embassy issues a letter confirming it.

I have just spoken with the Australian Embassy and they advise they no longer do this.

Has anyone else had this situation? And is there a way around it?

Thanks in advance for any help / suggestions :-) 

[Faz]

Welcome to the form.

Your Visa expired a long time ago. You extend your permission of stay each year at Immigration, a permit, not a Visa.

The financial requirements based on Thai spouse are, if using the funds in the bank method;
a). 400K THB deposited in a Thai bank account, your sole name, for 2 months prior to the date of submitting the application. You can withdraw and spend the full amount once the extension is granted.
OR
b) If using the income method, 12 x 40K overseas transfers to a Thai bank account in your sole name.

The UK, US and Australian Embassies stopped issuing Income support letters at the end of 2019 and Immigration are well aware of this fact. They changed their orders permitting overseas transfers to a Thai bank using the income method for this reason.

Amend 138-2557 (2014 ) clause 2.18-2.22 for Thai bank income ENG.pdf 

[thaimekangaroodown]

Hi Faz,

And thank you for your quick response.

I think I wasn't clear on my original post - I am currently on a 12 month extension based upon marriage, which was issued at the end of January this year.

At the time we satisfied the financial criteria through our bank balance, so all was well.

Shortly after my Visa was granted we had a heap of major expenses and our balance dwindled to well below the threshold.

At the time we weren't worried because I had been offered the job I currently have, and told that my company could arrange for a Work Permit.
A couple of months down the track they advised that they actually couldn't arrange it, and so now we're in the position we are currently in.

At any rate, thanks again for the quick response.
I'll have a read over the file you attached and hopefully that sheds some more light on it for us :-)

[Faz]

2 hours ago, thaimekangaroodown said:

Shortly after my Visa was granted we had a heap of major expenses and our balance dwindled to well below the threshold.

You were granted a permit allowing you to stay for 1 year - read the stamp.
'Extension of stay permitted up to' ......(date).

There are only the two options available to legitimately extend your stay for another 12 months at the end of January. Being married to a Thai legally permits you to work, so obtaining a work permit isn't difficult.

Is there an option to borrow 400K for 2 months from family/friends?
There are those who may suggest an agent, but personally I wouldn't recommend it.

A further option is to apply for the Non Imm O multiple entry Visa from the Thai Consulate in Savannahket.
No proof of any financial requirement. I can explain how these Visa type works if you're interested.
It would allow you to stay in Thailand for almost 17 months before applying for a new Visa.

[thaimekangaroodown]

On 10/18/2022 at 8:41 PM, Faz said:

You were granted a permit allowing you to stay for 1 year - read the stamp.
'Extension of stay permitted up to' ......(date).

There are only the two options available to legitimately extend your stay for another 12 months at the end of January. Being married to a Thai legally permits you to work, so obtaining a work permit isn't difficult.

Is there an option to borrow 400K for 2 months from family/friends?
There are those who may suggest an agent, but personally I wouldn't recommend it.

A further option is to apply for the Non Imm O multiple entry Visa from the Thai Consulate in Savannahket.
No proof of any financial requirement. I can explain how these Visa type works if you're interested.
It would allow you to stay in Thailand for almost 17 months before applying for a new Visa.

 

Thanks again for the information.
Unfortunately we're not able to borrow anything from family or friends - certainly not to the tune of how much we'll be short.

The multiple entry visa might be the go in the short term.

We will have the 400K by mid-year, so maybe we can use that for a while then switch over once we have the required funds.

If you could provide more info on how that works that would be much appreciated.

Thanks again :-)

[Faz]

1 hour ago, thaimekangaroodown said:

If you could provide more info on how that works that would be much appreciated.

The Non Immigrant Non O multiple entry Visa is valid for 1 year from the date of issue.
Each entry permits a stay of 90 days, and each 90 day stay can be extended for a further 60 days based on Thai spouse = 150 days before making a border run for a further 90 day entry.

Read this PDF on how it works How- Non Imm O ME Visa. (Thai family-spouse).pdf 
 

Document requirements (no financial proof req) at the Thai Consulate, Savannakhet, Lao.
https://savannakhet.thaiembassy.org/th/publicservice/non-immigrant-visa-o-visiting-family-member-of-a-thai-nationality-a-sp?page=5d84a44c15e39c26b400453e&menu=5d84a44c15e39c26b400453f
Although the Non O ME isn't listed, it is available, cost 5,000 BHT.

How to apply.
https://savannakhet.thaiembassy.org/th/page/104407-applying-for-visa?menu=5d84a44c15e39c26b4004568

[thaimekangaroodown]

Nice one, thanks for the info.
Am I able to switch over to 12 months based on marriage mid-visa? i.e say after the 150 days?

[Faz]

1 hour ago, thaimekangaroodown said:

Am I able to switch over to 12 months based on marriage mid-visa? i.e say after the 150 days?

Yes, you can, subject to meeting the financial requirement for the 1-year extension.

[thaimekangaroodown]

I've run into some issues with having my extension of stay granted and am having all sorts of problems getting anyone to be straight with me about how I can sort it out.

This is where I am at:

In January I applied for the 12 month extension of stay and tried to use my income to meet the financial requirements. I was told that it was ok, except that I did not have the income going into my Thai bank account for a period of 12 months. I was then advised they would need to see the THB 400,000 balance, which at the time I didn't have.

I advised the Immigration officer that I would have the THB400,000 by the end of March so they gave me a 60 day extension up to 31st March.
I was then told that I could not apply for a further extension on that visa and would need to leave the country, then re-enter and apply again.

I asked if there was a specific visa I needed to re-enter on and was told 'No, just the automatic 30 day visa'.
I also asked if the THB400,000 needed to be in my account for any period of time and was told 'No, just one day'.

So my wife and I left for Cambodia last week and re-entered on Tuesday where I was given an automatic 30 day tourist visa.

Yesterday we went to the Immigration office to apply for the 12 month extension and were told that I am unable to apply for it from the visa I have, that I would need to switch to a 90 day non-immigrant visa, and that the money in my account would have to have been there for 2 months.

We protested that we were doing everything we had been told, but it all fell on deaf ears.

After accepting our fate, I asked the girl at the front desk how I can switch to the 90 day non-immigrant visa and she replied, in Thai and to my wife, 'I've already told him everything he needs to know'.

@Faz are you able to help with how I can switch from my automatic 30 day visa to the 90 day non-immigrant visa I need to ultimately apply for the 12 month extension?

This is getting very frustrating. Every time I ask a question at Immigration the officer answers to my wife and in Thai, then she struggles to translate it out to me in English, so I really have no idea what is going on.

[Pinetree]

Get yourself a good reliable legit agent, there are many around  and they will sort it out for a reasonable price.  Don't sweat it yourself, it's not worth the stress and agro. 

[thaimekangaroodown]

Thanks Pinetree.
You wouldn't be able to recommend any around Nakhon Pathom by any chance would you?

[Faz]

8 hours ago, thaimekangaroodown said:

@Faz are you able to help with how I can switch from my automatic 30 day visa to the 90 day non-immigrant visa I need to ultimately apply for the 12 month extension?

Just arrived home.
Understand your issue and will respond later.
You were given the wrong advice initially.

 

2 hours ago, thaimekangaroodown said:

Thanks Pinetree.
You wouldn't be able to recommend any around Nakhon Pathom by any chance would you?

You don't need one, waste of money.

[Pinetree]

1 hour ago, Faz said:

Just arrived home.
Understand your issue and will respond later.
You were given the wrong advice initially.

You don't need one, waste of money.

Not at all a waste of money.  I haven't been anywhere near immigration in 4 years, no irate inconsistent IOs, no mixing with smelly irate farangs, no worry about photocopies, no standing out in the sun for hours, no worries and no hassle, and all for less than 10,000 Baht per year, paid to  my agent.  That's less than £250 Sterling.  I bet a lot of expats spend that on booze and crap meals out in a month. Money well spent. 

[Faz]

1 hour ago, Pinetree said:

Not at all a waste of money.  I haven't been anywhere near immigration in 4 years, no irate inconsistent IOs, no mixing with smelly irate farangs, no worry about photocopies, no standing out in the sun for hours, no worries and no hassle, and all for less than 10,000 Baht per year, paid to  my agent.  That's less than £250 Sterling.  I bet a lot of expats spend that on booze and crap meals out in a month. Money well spent. 

And I'll guarantee you have all your ducks in a row in terms of meeting the financial requirements, and your extension is based on retirement. Totally different kettle of fish when you don't meet the financials and the extension is based on Thai spouse, which by the way very few agents can offer, and never at your designated Immigration office.

[Faz]

@thaimekangaroodown

What Visa did you original enter Thailand with?
I'm assuming the 90-day Non O Visa, as you must have a Non Imm type visa to apply for the 1-year extension of stay.

12 hours ago, thaimekangaroodown said:

In January I applied for the 12 month extension of stay and tried to use my income to meet the financial requirements. I was told that it was ok, except that I did not have the income going into my Thai bank account for a period of 12 months. I was then advised they would need to see the THB 400,000 balance, which at the time I didn't have.

That is correct, it's either 12 x 65K monthly overseas transfers, or 400K in a Thai bank account for two months prior to the date of submitting the application for a 1-year extension of stay based on Thai spouse.

12 hours ago, thaimekangaroodown said:

I advised the Immigration officer that I would have the THB400,000 by the end of March so they gave me a 60 day extension up to 31st March.

They gave you a 60-day extension to visit Thai spouse under section 2.24.

12 hours ago, thaimekangaroodown said:

I was then told that I could not apply for a further extension on that visa and would need to leave the country, then re-enter and apply again.

Not totally correct. You could have applied for the 1-year extension if you'd had 400K in a Thai bank account for 2 months prior to the date of submitting the application.

13 hours ago, thaimekangaroodown said:

I asked if there was a specific visa I needed to re-enter on and was told 'No, just the automatic 30 day visa'.
I also asked if the THB400,000 needed to be in my account for any period of time and was told 'No, just one day'.

They chose to describe the process for entering as a Tourist, VE or TV, then apply for the Non O as a prelude to applying for the 1-year extension. They failed to inform you that if you obtained a Non Imm O visa, you could have then applied directly for the 1-year extension of stay.
The Non Imm O entry would grant you a stay of 90 days, during which time the 400K would have been in your Thai bank account for the required 2-month period.

13 hours ago, thaimekangaroodown said:

So my wife and I left for Cambodia last week and re-entered on Tuesday where I was given an automatic 30 day tourist visa.

Yesterday we went to the Immigration office to apply for the 12 month extension and were told that I am unable to apply for it from the visa I have, that I would need to switch to a 90 day non-immigrant visa, and that the money in my account would have to have been there for 2 months.

Tuesday of this week, 11th April?

You re-entered without a visa, known as a Visa exempt entry (VE) which currently grants you permission of stay for 30 days. You cannot apply for a 1-year extension from entry as a Tourist (VE, TV), you must have Non Immigrant status, i.e. A Non Imm O visa

You now need to apply for the change of status, Tourist to Non Imm, the Non O.
For the Non O application, the 400K funds are only required to be in your Thai account on the day of the application. For the 1-year extension application, the 400K funds must be in your Thai account for 2 months.

To apply for the Non O, you must have at least 15 days permission of stay remaining from your entry.
If indeed you entered April 11th, you must submit the Non O application before April 25th.

The procedure is documented here: VE-TV Non O Thai spouse.pdf 
You can download Immigration forms here: https://talk.thethaiger.com/topic/1864-immigration-application-forms-for-download/#comment-7202 
TM87 in your situation.

 

[thaimekangaroodown]

Thanks @Faz that helps clear up a lot of my confusion, though now I am confused on another level:

The document you attached (VE-TV Non O Thai spouse.pdf) is exactly the document I followed the other day.
I tried to submit the TM-87 with supporting documents and the girl at the reception desk would not accept them.
She kept insisting I also needed a letter from a neighbour confirming my wife and I live together as husband and wife, and that I need to switch from my current visa (auto 30 days) to the 90 day Non-O (but wouldn't explain how).

Anyway, today we are off to TM1 at Chaengwattana to try there.

Thanks again for your help and I will let you know how I get on or if I have any further questions.

Edited April 6, 2023 by thaimekangaroodown

[Faz]

1 hour ago, thaimekangaroodown said:

Thanks @Faz that helps clear up a lot of my confusion, though now I am confused on another level:

The document you attached (VE-TV Non O Thai spouse.pdf) is exactly the document I followed the other day.
I tried to submit the TM-87 with supporting documents and the girl at the reception desk would not accept them.
She kept insisting I also needed a letter from a neighbour confirming my wife and I live together as husband and wife, and that I need to switch from my current visa (auto 30 days) to the 90 day Non-O (but wouldn't explain how).

Anyway, today we are off to TM1 at Chaengwattana to try there.

Thanks again for your help and I will let you know how I get on or if I have any further questions.

It's quite common for Immigration to request a witness for the first application based on Thai spouse.
They also usually arrange a house visit to ensure the marriage is de jure and defacto.

1. Have you filed a TM30?
2. You can only apply at the Immigration office where your address is registered.
3. You must submit 2 complete sets of documents based on Thai spouse.
4. What documents are you submitting?

[thaimekangaroodown]

On 4/7/2023 at 7:05 AM, Faz said:

It's quite common for Immigration to request a witness for the first application based on Thai spouse.
They also usually arrange a house visit to ensure the marriage is de jure and defacto.

1. Have you filed a TM30?
2. You can only apply at the Immigration office where your address is registered.
3. You must submit 2 complete sets of documents based on Thai spouse.
4. What documents are you submitting?

1. I haven't submitted a TM30, and it has not been requested. I think as the house we are in is owned by my wife they don't require it. We have submitted a copy of her Tabian Baan though.
2. So we discovered yesterday. It was my wife's bright idea to try there after she spoke with a lady in a travel office about our issues on Wednesday, who suggested we try Chaengwattana. Waste of time.
3. We have 2 sets of documents
4. The documents we are submitting are:

• TM87, with passport-sized photo attached
• Copy of my passport and current entry stamp
• Wife's Thai Id and Tabian Baan
• Marriage Certificate - both original and certified translated copy
• Letter of guarantee from my bank confirming my account's balance, and updated copies of my passbook
• 10 photos of my wife and I in various locations around the house, including the front showing the house details - address, Moobaan number etc
• A hand-drawn map of the location of the house

In regards to the request for a witness statement, we were also told yesterday we would need to have this every year as we do not have children together, and we are past the age where that is a possibility.

I think we are getting closer. We ended up back at Nakhon Pathom yesterday afternoon, after the ill-advised trip to Chaengwattana, and the only thing which the officer needed was the aforementioned witness statement. 
We're in the process of organising that with Pu Yai Baan and will return on Monday to try again.

Thanks again for your help and advice on this.

[Faz]

11 hours ago, thaimekangaroodown said:

I haven't submitted a TM30, and it has not been requested. I think as the house we are in is owned by my wife they don't require it.

I'd advise you submit a TM30, requested or not, it's the law.
Failing to do so could come back to bite you in the arse, and a sting of a 2,000 BHT fine.

 

This is a document checklist for applying for the Non O, which I've PM'd to members before, and they have informed it is exactly what their Immigration office requested.

Docs Non O based on Thai Spouse..odt 

Read very carefully and ask if you have any questions.