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Thai 60 day tourist visa


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One of the requirements of a 60 day tourist visa is you have to be within 90 days of arriving before applying, which was Sunday.  This visa has not been altered by Covid and is an interesting show of Thai government making a simple process extremely complicated. After about 5-6 pages of personal information, they require that I upload 9 documents/photos. A picture of me, of my passport information page, a photo of me holding my passport open to the passport information page, proof of U.S. citizenship, proof of my residence in my hometown, proof that I have at least 40,000 baht in my bank account (I’ll find out tomorrow if I have to leave the bank account number visible).  That’s a lot of information for a short term tourist visa. The kicker is they want to know where I’m staying for the 59 days. They do allow me to choose private residence but then require a letter from the person that owns the private residence, stating that I am allowed to stay at that private residence. This should be interesting, as I’m staying at my house (legally my wife’s house)     I guess that I need a letter from my wife, who is living in the U.S. that I have permission to stay in my house. I can’t wait to hear what the people at the Chicago Thai consulate tell me tomorrow. At this point, I’d be willing to waste 3 hours on my 29th day and go to Thai immigration to get the 30 day extension    From what I’ve seen on YouTube, basically all that is required is many copies of 3-4 things in your passport, including the arrival card, and 4 passport photos. I’ll at least hear what they say tomorrow before I go to Plan B.   

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But is it your house? Not being sarcastic here, I am asking do you have Chanote (Legal Deed) in your name and hold a Tabien Baan in your name (Housebook, Blue for Thai, Yellow for Farang) 

It is all well and geed saying “ It is my house” but you have to prove it, the the Chanote / Tabien Baan is the way to do it. I have had the same issues with immigration for the TM30 ( Foreigner Residence reporting) believe it or not one has to report to immigration if you go out of province and also return. Yes I have to report that I am living in my own home, the one I have stayed at for 8 years and is registered in my name at land registry office.

You will waste more than 3 hours on 59th day (I am sure you meant) you will also have to return on 30th day.No matter what you take, or how many copies of each, they will always find reason to reject on first application, it is their ego power trip.

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Obviously, the land belongs to a Thai, my wife.  Before I married her, I paid for the land in 2005  and signed a 30 year lease on the house with the same lady that’s been a friend since 1999 and who takes care of house up to the present day.  I could have been really screwed by her but before we moved to the U.S. in October, 2008, she signed over the land to my wife.  I still have the lease if I wanted to press it but will try not to laugh over the phone when they explain how that letter from the owner of the house will work.  If this wasn’t so comical, I’d be really pissed off over what they are making me do to get an extra 30 day tourist visa 

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You sure do things a confusing way don’t you, from what I gather

  • You Wife owns the Land
  • A Third Party owns the Property (Legal in Thailand)
  • You have a lease on the property

So the owner of the property is mot you or your wife, it is in fact the Third Party. She will be the one it’s the Tabien Baan and she is the one who has to grant you permission to stay there, as the house owner

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This is what I did...had it reviewed by a Thai lawyer...so I should not be kicked out if I misbehave!

CONTRACT GRANTING RIGHT OF SUPERFICIES

Made at:.....................................
Dated:...........................................

This contract is made between

Mr./Mrs./Miss .............................. .................... ..................................., residing at: ....... Soi ............ ......................., Road .................  .........., Tambon .......... .............................., District of......................................., Province of...................................., hereinafter called the “Grantor”

and

Mr./Mrs./Miss ......................................................, residing at No.........., Soi .............. ......................, Road .................... ................, Tambon .......... .................., District of.............................. Province of........................................, hereinafter called “Grantee”.

Whereas the Grantor is the owner of land in Title Deed No................., situated at Tambon............., District of.............................................., Province of......... ................................, with an approximate area of.........................................................., hereinafter called the “Land”;

Parties to the contract agree as follow:

1. The Grantor agrees to grant the Grantee the right of superficies on the above-mentioned land, with the right to own, upon or under the land, building, structures or plantations.

2. Such right of superficies above mentioned in Clause 1. shall be enforced for a period of.............years.

3. As remuneration for the use of Land, the Grantee agrees to pay consideration to the Grantor in the form of.................for a total of.................... which shall be paid monthly/ annually throughout the period of this contract, payable every last day of the month/year.

4. In case of destruction or loss of buildings, structures of plantations, even if caused by the force majeure, the Grantee’s right of superficies on this land shall not be extinguished.

5. When the right of superficies is extinguished by any cause, the Grantee agrees to take away his building, structures or plantations from the land of the Grantor immediately, at the Grantee’s own expense.

In case the Grantor does not wish the Grantee to take away the objects listed in the preceding paragraph, and declares his intention to purchase such buildings, structures and plantations at their market value, the Grantee agrees to sell such objects to the Grantor.

6. The Grantee shall not transfer the right of superficies according to this contract to other persons or outsiders, except with the prior written approval of the Grantor.

7. In case of death of the Grantor or Grantee, the right of superficies granted in this contract shall remain binding unto their heirs who shall comply with this contract; and it shall not be deemed that the contract expires because of such cause.

This contract is made in duplicate. The parties to the contract having read and understood the entire substance of the contract hereby sign their names in the presence of witnesses.

Signed................................Grantor                            Signed................................Grantee

(................................)                                                  (................................

 

Signed................................Witness                            Signed................................Witness

(................................)                                                  (................................)

 

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It was my understanding when my wife acquired the land, she also acquired the right to the property once the 30 year lease is up.  In 4 years, I want the ownership transferred to my then 18 year old son.  I’ll take a copy of the documents that my wife signed with me in September and have a lawyer check it out.  I’d be very surprised if the 3rd party has any claim, as my wife reads everything that she signed and is no body’s fool 

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She may well have right to ownership when lease expires, but we are not talking about the future we are talking about now.

At this present moment in time the Property is owned by a third party who has granted you a lease

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I’ll worry about that when I’m there in September.  She also is a business partner of mine, co owner of a small (15 units) apartment complex since 2008 (next door to my house). I could say the famous last words “I trust her,” but will get answers about it in per, rather than a phone call. 
 

I’ve called the Thai consulate in Chicago, Washington DC and Atlanta.  Nobody answers the phone, so my option is to email them and ask the question. If that fails, I’ll type a letter giving permission to stay at my house and have my wife sign it.  I seriously doubt if they will ever check on it.  In the past, when arriving with a 30 day automatic visa, I usually just stayed at house but would put on the arrival card the name of a hotel in Bangkok where I had stayed in the past. 

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Business partner, Business partner in what respect?
Do you mean

  • Thai Partnership / Thai Limited Company
  • Company name registered with Department of Business Development (DND) and the Registered with Ministry of Commerce (MoC)
  • Issue of Memorandum of Association which includes the Name registered with DBD, Registered Office, Company Objective, Declaration of Liability, Share Capital amount and Division, Names, Address and Occupations of proposed shareholders
  • Statutory Meeting 
  • VAT Registration

The reason I ask is because this is what is required to go into business in Thailand, I should know after having done such previously, many people use the phrases “In Business with” or “Business Partner” when in fact they are not such as defined by Thai Law

If you did have a legitimate business in Thailand you would also have a Class Non Immigrant B Business Visa and a Work Permit, so why are you worrying about a Tourist Visa then. Or maybe, just maybe your “Thai Business Partner” is a figment of your imagination just like your house you claim to own.

You don’t get a 30 day “Automatic Visa” upon arrival in Thailand, what you do get is a 30 day exemption to stay, many people mistakenly assume it is a visa whereas in fact it isn’t. The reason they don’t check is because your wife is not claiming to own the hotel.
It isn’t your house, it is a house you rent from a Third Party no matter what you think, I don’t know about Thai Comsulates in USA, but immigration here in Thailand require Proof of Property Ownership in the form of Tabien Baan.

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