Getting A 'REAL' ONE-YEAR 'VISA'PART II

In our April issue, we looked at Thailand's one-year Temporary Extension of Stay for foreign nationals and took you through what is involved in obtaining a Non-Immigrant (Non-IM) visa-without which you can’t apply for the one-year extension.

Readers picking up the story this month should note that we are NOT talking about the so-called one-year multiple-entry visa, which requires you to leave the country every three months. 'Permission to stay in the Kingdom of Thailand on a temporary basis' means you do not have to leave Thailand at all. If you would like to refer to our April feature, please visit www.windowonlifestyle.com and look in the features archive.

The information below is based on documentation provided by the Immigration Bureau (IB) in April 2008. Readers should note that these documents are described by Immigration as 'guidelines for the IB to follow', not fixed rules. In every case, the Immigration Officer authorised to deal with your case has discretion to grant or refuse your application. The over-riding consideration applied to all applications is whether granting the stay is 'in the country's best interests'.

Some general points

• If your passport expiry date is less than one year after the date of your intended application, you may want to consider applying for a new passport. You will not be granted a stay that extends beyond the validity of your passport.
  
  
• If your Non-IM visa expires after your application has been accepted, you may be given an extension stamp several times as necessary. However, according to the IB documentation, the extensions while your application is under review cannot exceed a total of 30 days from the day after your visa expired.
  
  
• If your application is refused, you are entitled to know the reasons for the refusal. You may then resubmit your application for another review, citing the reasons for resubmission to a Competent Official holding the rank of Police Inspector or higher. This procedure will secure a decision in writing, whether the re-application is successful or not. This decision is final.

Do you fit the one-year bill?
The table below lists the categories that are eligible to apply for a Temporary Stay in Thailand, together with brief notes on the 'basis for consideration' of the application and documents required. For the purpose of this feature, some details may have been omitted. For full information, contact the IB or a competent legal practitioner. [NOTE: we have not included any category where less than one year is the maximum stay granted.] In all cases, the requirements include a valid passport, Non-IM Visa, application form and fee.

• Business / commercial employment
  Suitable income (see below), paid up capital 2m THB, audited accounts, proof of '‘sound financial condition', 4 Thai employees, work permit, full company documentation, including tax payment receipts (personal, staff and company)
  
  
• Employment by goverment agency / state enterprise
  Certified written request from relevant agency, work permit
  
  
• Investment of 3m Baht+ (eg buy a condo)
  Proof of money transfer, proof of approved investment [note: if you were granted a temporary stay earlier on the basis of a lesser amount, and have stayed continuously, the 3m Baht sum may be waived]
  
  
• Employment as qualified teacher (state or private)
  [State school] Certified written request, work permit; [private school] as for State school + school licence, qualifications / teacher’s licence
  
  
• Teaching apprentice or researcher at university
  State institution] Certified written request by dean of university; [private institution] as for state + confirmation letter from relevant goverment agency
  
  
• Enrolment in state or private educational institution
  Certified written request with details and length of proposed study [State school];. [private school]
  
  
• Parent, spouse or child of alien at educational institution
  Proof of family relationship. In case of parents, 500,000 THB in local bank account
  
  
• Employment by foreign media as correspondent
  Certified written request from Public Relations Department or Information Department of Ministry of Foreign Affairs, work permit.
  
  
• Studying Buddhism or 'performing religious function'
  Certified written request by National Buddhism Office or Prime Minister's Office or Mahachulalongkorn University, confirmation letter from abbot at relevant temple
  
  
• Working as a missionary
  Certified written request by Religious Affairs Dept or National Buddhism Office and from applicant’s own religious organisation
  
  
• Parent, spouse or child of a Thai national
  Proof of Thai nationality, proof of relationship (marriage must be de jure and de facto); child younger than 20, parent over 50; if alien married to Thai woman, total joint income not less than 40,000 THB per month
  
  
• Parent, spouse or child of a Residence Permit holder
  Same as above but + copy of Residence Permit and Alien Book
  
  
• Working for a charity
  Charity's operation licence, certified written request, list of other aliens employed
  Same as above but + copy of Residence Permit and Alien Book
  
  
• Retirement
  50 or over, income 65,000 THB p/month or bank deposit 800,000 THB or annual income 800,000 THB, relevant documents to prove above. [note: if you entered before 21 Oct 98 and have stayed continuously, the requirements are different/less stringent]
  
  
• Parent, spouse or child of a person permitted Temporary Stay under any of the above
  Proof of relationship, proof of status; child younger than 20; parent over 50

Income requirements-application based on employment

Nationality	Minimum income
Europe, Australia, Canada, Japan, USA	50,000 THB/month
South Korea, Singapore, Taiwan, Hong Kong,Other Asia, Mexico, South America, Central America, Eastern Europe	40,000 THB/month
Turkey, Russia, South Africa	35,000 THB/month
Africa, Cambodia, Myanmar, Laos, Vietnam	25,000 THB/month

Get it right or go home?

• If you don't meet the requirements, you’ll be given a 7-day extension to get ready to leave.
  
  
• Even if you meet all the requirements, but for some other reason the IB officer believes you are unsuitable, your application will be referred to a higher authority for a rejection order.
  
  
• If your application appeared to be OK at the time and were granted permission to stay, but later are found to be lacking in qualifications, your case can be referred to a higher authority for a revocation order.

Check your facts
The information given here is intended only as a guide and should not be used to form the basis of any decision whatsoever regarding your legal status in Thailand or the likelihood of being granted right to stay in the Kingdom. Before taking any action, making any application, or submitting any information to the authorities, you should seek the advice of a competent legal practitioner or other experienced/qualified consultant.

http://www.windowonlifestyle.com/features_useful_info/one_year_visa2.htm