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problemfarang

40K-ish salary and NON-O visa question

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Hi,

This question is from one of my friends.

 

He told me that he has salary of 32,000 Thai baht plus 8,000 house accommodation. Which makes 40K. Now the thing is on his contract there's no sign of that 8,000 house accommodation but its written on his salary / payment slip from his work with all stamps and all. And yes hes getting it. (lot of info on this slip, such as; salary/tax/house accomm./etc.). He has work permit too. But he lives in another city from his wife just because of work. He's married for 6-7 years and living in Thailand for 14 years, no children.

 

Now chain of questions starts:

1) Can he apply for 1 year extension of his NON-O visa with this kind of salary payment? He's tired of going to another country and come back to Thailand on the same day every 90 days. And yes he will not get NON-B just to avoid immigration hell. If its possible:

 a) What documents he needs?

 b) Which immigration he needs to go to? (work area immigration or house area immigration)

 c) Wife should be at the immigration when doing all the paper work first time?

 d) Does he need to go to immigration for 90 days report and which immigration? (work area immigration or house area immigration)

    -If wife needed, does he need her every 90 days report?

 e) Is this thing costs any money / fee?

 

Please feel free to add any extra info he needs. In my opinion he cannot apply just because of salary 32,000. I think immigration doesn't care about the house accommodation. 

 

thanks a lot for the help

 

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Posted (edited)

He needs to show 40,000 Baht a month.

His Wife would have to live with him and go with him every time he applies for 12 month extension.

1,900 Baht fee.

He would apply in the area he lives.

He would do 90 day reports at the same office.

Edited by fishtank

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Posted (edited)
50 minutes ago, fishtank said:

He needs to show 40,000 Baht a month.

His Wife would have to live with him and go with him every time he applies for 12 month extension.

1,900 Baht fee.

He would apply in the area he lives.

He would do 90 day reports at the same office.

 

thanks for the info. Well like i said that 40K is 32,000 salary + 8,000 house accommodation. But in his payment slip it shows all his income but like i said before in his contract its only 32K. So which one they look at? Also no its impossible that he can live with the wife because his wife is a school director in another city and hes working in another city. They come and check? She can go with him to the imm. every 12 months. What about the 90 days? he has to do 90 days with the wife?

Edited by problemfarang

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Well also i forgot to mention that, after all the cuts from his salary (tax cut/government health insurance cut) he gets 38K 

 

So its like yes his salary is 40K but with the cuts it drops to 38K

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10 hours ago, problemfarang said:

Well also i forgot to mention that, after all the cuts from his salary (tax cut/government health insurance cut) he gets 38K 

 

So its like yes his salary is 40K but with the cuts it drops to 38K

It is gross annual income (minimum of 480k baht) that really counts. He will be proving his income by way of tax payment receipts and his annual tax return for last year if he was working then.

A housing allowance is considered income.

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12 hours ago, ubonjoe said:

It is gross annual income (minimum of 480k baht) that really counts. He will be proving his income by way of tax payment receipts and his annual tax return for last year if he was working then.

A housing allowance is considered income.

 

Thank you Ubon. Please answer some other questions also if you can:

1) Wife needs to live together as someone mentioned before or not? ( due to his wife work they are not in the same city, shes a director of a government school). I dont think they need to live together. If so do you think they will accept about her work?

2) Wife needed for every 12 months no problem, but for every 90 days too?

3) From your answer i take it as he can and able to extend his non-o visa, yes?

 

thanks a lot for your answers

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I am in pretty much the same situation. Currently on a marriage extension, last year I showed income using a letter from the embassy.  I am handled by the immigration office in Chaiyaphum province.

 

I did my 90 day report a week ago. In December I have to make my new application for a 1 year extension. So when I was at the immigration office I asked them about how to show my income in December. I told them I had a salary in Thailand of 40k THB.  They told me that the only proof of income that was acceptable to them was an embassy letter certifying my income or a bank statement showing the 400K THB lump sum savings.

 

I said I worked in Thailand and have a work permit. That I have 40k THB of salary each month. That I can show a bank statement showing 40k THB going into my bank every month. They said that's not acceptable to them. If I want to show a monthly income then only an embassy letter will be acceptable to them. (Chaiyaphum office).  They gave a sheet of paper with these requirements printed on them and told me that "it is the law". 

 

Seems to me I will have to take steps to make sure I have the 400k THB cash lump sum in the bank to avoid getting into any arguments with them in December about proof of income. Or I simply give up on the Chaiyaphum office and the 90 day reports, and instead make a new visa at Savannakhet and do a border hop every 90 days in future.

 

(NB. My Thai salary is actually just a little shy of 40k THB per month, but I transfer money from the UK every month to make the amount going into my bank every month exceed the magic 40k per month figure.  Seems I've been wasting my time - at least as far as Chaiyaphum immigration office is concerned).

 

 

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Posted (edited)
7 hours ago, White Tiger said:

(NB. My Thai salary is actually just a little shy of 40k THB per month, but I transfer money from the UK every month to make the amount going into my bank every month exceed the magic 40k per month figure.  Seems I've been wasting my time - at least as far as Chaiyaphum immigration office is concerned).

Others may be able to give a better answer but, the fact that your salary is below 40k per month could be the problem. However, you should not be using bank statements to prove your salary - you should be producing your tax receipts.

 

To the best of my knowledge, if your salary was 40k per month (gross) and you could provide tax receipts proving that, you would be meeting the requirements and would be able to take the matter up with the Immigration head office in Bangkok.  Alternatively, you could use a lawyer - a friend was having a similar problem with Korat Immigration - this year he used a lawyer and his application was approved.

 

I am guessing here but I'm not sure if you can qualify with part earnings/part money from the UK. I suggest this is the root of your problems.

 

However you say your salary is 'just a little shy of 40K' - is that after tax?  The income requirement is 40K gross. You may already be earning enough.

Edited by KhaoYai

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Posted (edited)
7 hours ago, White Tiger said:

Or I simply give up on the Chaiyaphum office and the 90 day reports, and instead make a new visa at Savannakhet and do a border hop every 90 days in future.

Whilst you can. When they change to Evisa, if nothing changes between now and then, you won't be able to get a non o there. In your position, if your salary is correct, I would be taking them on and getting it sorted in the time you have. Isaan Lawyers sorted my mates problem - not a million miles away.

Edited by KhaoYai

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Cannot the combined income of both spouses be used to satisfy the income requirements?

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1 hour ago, Gumballl said:

Cannot the combined income of both spouses be used to satisfy the income requirements?

Only the husbands income can be used for an extension based upon marriage to a Thai.

The income of both has not been possible since 2008.

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1 hour ago, Gumballl said:

Cannot the combined income of both spouses be used to satisfy the income requirements?

Nope. Husband only.

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Posted (edited)
14 hours ago, KhaoYai said:

Others may be able to give a better answer but, the fact that your salary is below 40k per month could be the problem. However, you should not be using bank statements to prove your salary - you should be producing your tax receipts.

 

To the best of my knowledge, if your salary was 40k per month (gross) and you could provide tax receipts proving that, you would be meeting the requirements and would be able to take the matter up with the Immigration head office in Bangkok.  Alternatively, you could use a lawyer - a friend was having a similar problem with Korat Immigration - this year he used a lawyer and his application was approved.

 

I am guessing here but I'm not sure if you can qualify with part earnings/part money from the UK. I suggest this is the root of your problems.

 

However you say your salary is 'just a little shy of 40K' - is that after tax?  The income requirement is 40K gross. You may already be earning enough.

Thanks, but no your guess is not the root of my problem - immigration do not know my Thai salary is a little below 40K THB per month. I didn't tell them that. I told them my salary was 40K THB per month and I told them I have bank statements to show the money going in. 

 

I didn't tell them I have part Thai salary and part UK income transferred to Thailand, because I didn't want to make it over complicated at this stage. I let them think the full 40k was Thai salary, to see what they said.  They weren't interested. Told me the only evidence of monthly income they will accept is a letter from the embassy.

 

I agree that if I decide to argue this with them and take a lawyer along with me that immigration would then probably back down. But frankly I'm not sure it's worth the expense or the hassle.  I don't want to fall out with Chaiyaphum office, even if I do win the argument.

 

For info here's a copy of the document Chaiyaphum immigration gave to me and which they say "is the law". 

Thai Immigration Visa Requirements July 2019.pdf

Edited by White Tiger
Added copy of document

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13 hours ago, KhaoYai said:

Whilst you can. When they change to Evisa, if nothing changes between now and then, you won't be able to get a non o there. In your position, if your salary is correct, I would be taking them on and getting it sorted in the time you have. Isaan Lawyers sorted my mates problem - not a million miles away.

What is Evisa & when are they changing to it?   How would that mean a non o (marriage) will no longer be issued?  Thanks 🙂

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Posted (edited)
1 hour ago, White Tiger said:

I agree that if I decide to argue this with them and take a lawyer along with me that immigration would then probably back down. But frankly I'm not sure it's worth the expense or the hassle.  I don't want to fall out with Chaiyaphum office, even if I do win the argument.

 

For info here's a copy of the document Chaiyaphum immigration gave to me and which they say "is the law". 

When my mate's lawyer did the application there was no confrontation, the application was simply presented and accepted.  As far as I know, no mention of the problems of the previous year was made - and I think, rightly so. That would simply have caused loss of face and further problems.  However, I have experience of using a lawyer from the same company to register a Usufruct at my local land office.  The (female) manager was not happy about some thing or other but the lawyer calmly put her right and we left with the chanotte duly displaying the registration of the Usufruct.  Not exactly sure where lawyers stand in the Thai pecking order but there was no kow towwing going on so I'd guess a lawyer is either equal to or above a land office manager.

 

The document you have provided from Chaiyaphum Immigration is, I believe, there own version of the rules.  I don't have the actual rules but as I am sure UbonJoe will confirm (and may be able to link you to the rules) - for an extension based on marriage for someone working in Thailand, the salary requirement is 40,000 per month gross and the evidence is not your bank account, its tax receipts.

 

As far as I know, you can also apply if your income is from abroad - in which case, I believe it is much the same as the retirment visa rules where the income has to be proved to have come from abroad by your bank statements and a letter from the bank confirming the Foreign Exchange Transfers or confirmation by your embassy - depending on where you come from.  That's my understanding of how that is being applied but I am open to correction.

 

You seem to be mixing the 2 methods which as I said originally, may be the root of your problems.

Edited by KhaoYai

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