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A new visa paperwork problem for some expats?

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A new visa paperwork problem for some expats? | The Thaiger

We get occasional emails from expats relating their various problems with Immigration as they apply for new visas or renewals. The common thread is that applying for, and renewing visas, is becoming unnecessarily complicated.

This one seems complex. Names have been withheld for privacy.

“I am a British citizen and my baby’s visas were renewed without an issue, but the Thai immigration has caused problems for my wife and wants me to prove that I am married to my Chinese wife so that I can renew her dependent visa for a third year.

The man’s wife and baby are on Dependent visas tied to his ‘Retirement’ visa.

Our marriage certificate is in Chinese so in order to get Immigration to acknowledge our marriage, she now has to go back to China to have our marriage certificate notarised and translated, first in her local home area, then sent to China’s foreign affairs office in Beijing for their stamp, THEN to the Thai embassy in Shanghai for their stamp, THEN to Bangkok for the Chinese embassy’s stamp.

This takes many weeks/months and it’s simply a joke and is ‘mission impossible’ to do.

My wife flew out to China today and I am at home here in Phuket with our 1 year old baby who was born here at the Siriroj Hospital.

The new guy in charge at the local Immigration office has apparently decided that the certified translation from an authorised translator here in Phuket, which was ok in previous years is now NOT recognised or accepted.

We have brought all our money here and own two properties.  We have money in the bank, private medical insurance, spend all our money here, our baby was born here, but they have split up the family.?

“I just wondered if anyone else is aware of these changes?”

“It’s crazy to penalise the good, law abiding people and break up a family.  I thought once I was on a retirement visa and met all the requirements that all would be ok?! But no.”

“We have been to the Chinese consulate here in Phuket, they cannot help. My wife’s visa runs out in 2 days so she has had to leave….. !?!?

And get this… from last year onwards all Thai embassies in China (Shanghai Beijing Guangzhou, etc) are all saying they need at least one month to process any non-immigrant visas (dependent, business or education visas). Why is it all becoming so complicated?

Not to mention that the months and huge expense wasted every year to do this is staggeringly stupid.  We have been hear for years, retired for the last two years and now this paperwork road-block!?!”

PS. I worked and lived in China for over 6 years, and later retired here in Thailand, I have been married for 7 years and my wife and I have been together over 11 years now.

If you have story ideas, a restaurant to review, an event to cover or an issue to discuss, contact The Thaiger editorial staff.

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3 Comments

3 Comments

  1. Avatar

    John

    March 17, 2019 at 3:06 pm

    I feel his pain and it is totally disgraceful what has been going on in Thailand in the last few months. Not that before the treatment was idyllic, but at least one could manage to arrange things in a mutually beneficial way, but now… good Lord!. I believe this will be the year of an exodus of huge proportions of fellow expats to the neighboring countries, which are more reasonable when it comes to visas related issues. I really think that each one of us need to have a plan B, Thailand is no longer welcoming expats but just tourists with a big wallet, the less they interact, the more they pay, the less they stay, the better it is for this vile form of xenophobic conservatism.

  2. Avatar

    Shawn

    March 18, 2019 at 7:09 pm

    Pretty easy to understand. ‘They’​ know the storm is coming. They want westerners out. We are too hard to control and make trouble when pushed too hard.

    Immigration is the easiest way to us out, replacing us with chinese expats and tourists.

  3. Avatar

    Shardsofglass

    March 20, 2019 at 3:08 pm

    What with the dogs, rubbish,fire/smog and immigration, i’m out of here as soon as I can sell my palace,probably never.

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Thai Life

STUDY: Daily marijuana use increases risk of psychotic disorder

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STUDY: Daily marijuana use increases risk of psychotic disorder | The Thaiger

The legalisation of medical-use marijuana continues to sweep across the globe, recently in Thailand where the roll-out and enactment of practical uses of the new legislation are underway.

But this spread of a new legal credibility of the drug continues whilst possible health risks (or benefits) are not fully understood. Properly medically supervised or scientifically conducted studies continue to come out weekly with varied results about the benefits or dangers of long-term cannabis use.

According to new research published in ‘Lancet Psychiatry‘, a weekly peer-reviewed general medical journal, people who use cannabis daily, as well as those who use high-potency weed, may be three times more likely to develop psychotic disorder than never-users.

The new evidence is consistent with previous experiments that suggest heavy use and high THC concentration cannabis – a 10% concentration of THC (the psychoactive substance within cannabis) or higher – can be harmful to mental health.

Dr. Marta Di Forti, lead author and a clinician scientist at the Institute of Psychiatry, Psychology & Neuroscience, King’s College London said the ‘Psychotic disorder’ was precisely what was studied.

“We are talking about people who meet diagnostic criteria and come to the attention of mental health services to receive treatment for psychosis. So they have to have symptoms of psychosis across the spectrum – hallucination, delusions – that have lasted at least for a week.”

Currently, medical cannabis is legal in most European countries, though recreational use is only legal in Netherlands, Czech Republic and Spain (in certain situations). Meanwhile many other countries continue to discuss legalisation.

Di Forti and her co-authors pf the paper looked at data from five countries in Europe… UK, the Netherlands, Spain, Italy and France. Brazil was also included in the sample where cannabis is illegal.

They found 901 patients with a first-time episode of psychosis over a five-year period and compared them to 1,237 matched non-patients.

Daily use of cannabis was more common among patients with psychosis compared to the controls, they found. About 30% of patients reported using cannabis daily compared to just 7% of non-patient controls. And use of high potency cannabis was also more common among patients than controls – 37% compared to 19%.

The study results do not provide enough information for her to say “use only this amount, only this often” to remain safe.

At this stage, the paper estimates one in five new cases of psychosis may be linked to daily cannabis use, and one in 10 cases linked to use of high potency cannabis.

You can read the full report in Lancet Psychiatry.

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Air Pollution

Chiang Mai ‘s tourism holds up despite smoke and smog

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Chiang Mai ‘s tourism holds up despite smoke and smog | The Thaiger

Chiang Mai’s current poor air quality and smoke haze is raising concerns on the potential impact on tourism as Thailand’s Songkran water festival approaches.

Smog has been a yearly occurrence in Northern Thailand, but this year the situation appears to be the worst with Chiang Mai topping the air pollution ranking and the media tracking daily results.

But La-iad Bungsrithong, president of the Thai Hotels Association (Northern Chapter), says there appears to be a short-term decline in the market.

However, she attributes the current performance to March being part of the traditional low season rather than the pollution, adding that there has been no booking cancellation from leisure or MICE guests.

The Songkran festival typically sees leisure demand for Chiang Mai from South-east Asia, Europe, China and Thailand. According to La-iad, room occupancy in April last year was 65 per cent, reaching 85 per cent during the Songkran period (April 12-14).

She expects similar figures for Songkran this year but also greater competition arising from new hotels around Chiang Mai and Airbnb.

Similarly, a spokesperson of Standard tour, Somchai Sandnee, said the company’s business has not been affected by the air pollution. Chinese tourists are less perturbed by smog issues than political turmoil and recent events such as the boat accident in Phuket last year, Somchai pointed out.

Chotechuang Soorangura, associate managing director of NS Travel & Tours, also says he doesn’t see the smog having an impact on sales.

“The smog is considered an annual situation and our company always (issues) an advice to customers. In the case where customers really want to visit Chiang Mai, we will suggest they limit their stays in the city in favour of other provinces instead such as Sukhothai,” Chotechuang explained.

SOURCE: ttgasia.com

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Bangkok

Top Five things to consider if you’re buying a condo in Thailand

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Top Five things to consider if you’re buying a condo in Thailand | The Thaiger

Not quite a Top Ten but some good straight-talking about buying condominiums in Thailand from Desmond Hughes from Hughes Krupica

One of the most commonly read or spoken summary of foreign ownership of property in Thailand is along the lines of

“Foreigners can buy a foreign freehold condominium in their name”.

At this sentence, many foreign investors switch off, and assume that the rest of the detail provided by the author may be legal mumbo jumbo or a thinly veiled attempt to win their business.

In fact, there is quite a lot you should know about Thai condominiums, before you start property hunting. As my clients don’t generally spend their time reading legal journals and legislation unless they have to, I have set out a mixture of legal and practical matters below without much distinction:

1. Only 49% of the Registrable Area of a condominium can be sold to foreigners.

In Bangkok, this is not likely to have any impact on you. Most of the buyers and owners of condominiums in Bangkok are Thai nationals. Even in condominiums popular with foreigners, it is an uncommon phenomena that foreigners would ever outnumber Thais as owners in a building. You might ask why the rule even exists, but there is a fear and protectionism in many Asian countries, not just Thailand, to try and keep foreigners ‘controlled’ through numbers and perecentages.

In other places – Phuket; Pattaya; Koh Samui; Chiang Mai and Hua Hin particularly you should apply caution to ensuring that the correct ‘quota’ of foreign units is available to be sold to you on a freehold basis.

2. Banks often advertise they will give finance, even potentially to foreigners, but in the end – don’t

I speak from personal experience and from that of my clients. For my first condo investment in Bangkok, I had to take out a loan with HSBC which was then taken over by a Thai bank. My loan had to be in foreign currency, because in order to buy a foreign freehold condominium – you have to send foreign currency into Thailand from overseas to generate ‘foreign exchange transaction forms’ to register the title to a foreigner at the land office. This means a lot of hoops for a bank to jump through simply to provide a mortgage. Foreigners are also viewed as flight risks by Thai banks and they do not wish to spend their time chasing foreign assets. This all means that a very high percentage of the foreign buyer market is cash based, which is good for the stability of that part of the condo market.

If you are tempted to try and take out finance applications to banks, be aware that the banks are looking for you to have some business in Thailand; perhaps to be married to a Thai national who preferable from the bank’s perspective will have some degree of wealth for self-support; and that you have other assets in Thailand with a history of using and paying off credit such as credit cards.

3. There is an oversupply of condominiums in Bangkok at the moment and rental yields are traditionally low in terms of % compared to more expensive Asian neighbors – Hong Kong and Singapore, and further afield

A condo in a prime rentable area at a high investment price can remain rentable due to its extremely useful location and amenities. If such condo has a 24 hour supermarket in the basement of the retail area and dozens of restaurants, as a condo building I am thinking of does have such amenities, then it will remain rentable for some time if the property is maintained. However, another condo at the end of the same ‘Soi’ and post building and delivery could remain unrented after many months and even if the rent is cut to 50% of the market price. Don’t just take my word for the state of the market for condo rentals in Bangkok, ask the agents.

In addition to this, the authorities are taking a closer eye at tax declarations and ‘cracking down’ on undeclared taxes – not just personal income tax, but the ‘business tax’ of 12.5% for renting units out. This all adds to the costs of investing and renting in a condo, and you must calculate this into your budget and forecasts to avoid living in fantasy land about dream returns.

3. You won’t have any say in how the condominium is managed

Unless you buy up over half of the voting rights attached to units in the entire building, you will be a minority voice on issues like the raising of the common area fees; use of the ‘sinking fund’ – the fund to make capital repairs, changes to the rules and regulations and general maintenance decisions, even of some significance. Don’t imagine standing up at an co-owners meeting voicing your opinions and somehow making headway in ‘changing’ the direction of the management of a building. The way in which a building is managed boils down to how the developer has structured ownership, whether the developer retains many units and a large % of the voting rights or not, and whether the developer plans to self-manage or outsource management of the asset to a reputable or not-so-reputable management company.

If you don’t check the management plan then I can reference lots of analogous situations where you would take more care – if you buy a car, you should think if there are any decent repair centres nearby and at a reasonable price – Ferraris in Phuket aren’t currently easy to maintain, I would imagine, as a non-Ferrari owner and observer of the state and condition of the roads in that Province. You also wouldn’t, I hope, buy a smart phone without knowing you could have the phone service, fixed and various parts replaced on reasonably short notice. As a property is a far higher value of investment, a lot of investigation into the management plan is necessary.

4. Don’t Believe the Hype – It’s a Sequel

False Media, we don’t need it do we? If you see a glossy marketing brochure and are told that the developer ‘has to deliver on its promises by law’ – be wary. To take one example, I bought a condo under which a ‘private wine cellar area with personal secure wine bottle storage space’ would be provided to every buyer. Amazingly, without any shame at all, the famous developer constructed an unchilled cheap wooden cabinet with glass doors, no locks next to 4 sofa chairs in the open space corridor between a swimming pool and the gym. If you wanted to fry an egg on the ‘wine cabinet’ then that was highly likely to have been possible.

These kind of things are not all ‘horror stories’ – I actually got a decent condo notwithstanding the missing items. However, you will often have to compromise when in more highly regulated and supervised jurisdictions, you would not. Compromise is a very common work in Thai society and it applies to business and consumer purchases too.

5. Set up your ownership for easy re-sale

If you are buying a condo as a ‘foreigner’ and paying cash, then you can buy your condo through a foreign company, and sell the company later. This is only worth doing if the cost of setting up and maintaining the foreign company is reasonable and the company you set up is ‘saleable’ and attractive to others. You should not carry out this kind of structuring to ‘avoid tax’. However, you can set up this kind of structure, pay tax on the purchase, and subsequently deal with your company as you see fit, provided a buyer is willing to buy it. If such a company receives rental income, then even if it is foreign it is till liable to taxes as the use of the ‘immoveable property’ for generating revenue isn’t deemed to be ‘outside’ of Thailand, and that applies even if the company tries to contract for and receive the rent outside of Thailand.

Desmond Hughes has operated and owned 2 law firms in Asia in 14 years spanning Thailand; Vietnam; Indonesia with clients in all of Asia and other markets investing inwards into the region with his existing firm Hughes Krupica possessing a large market shares in its fields of expertise. 

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