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Sunbelt Asia

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  1. There are two possible solutions on your case:

    (1) You may apply for a Non-immigrant B visa to other Thai Embassies such as in Kuala Lumpur in Malaysia, Ventianne in Laos, Pnom Phen in Cambodia, Hong Kong or Singapore. Other embassies have stricter qualifications than Thai Embassy in Penang. The above-mentioned Thai Embassies usually do not require WP3 for most nationalities. Certain nationalities still require WP3 regardless of the location.

    (2) You may obtain a tourist visa initially or a 30-day/15-day visa exemption stamp since your visa is about to expire in a couple of days and consequently apply for a WP3 at the Labor department in Thailand, if you wish to apply still at the Thai Embassy in Penang. Extending your non-immigrant visa at the immigration in Thailand will only give you 7 days and therefore won’t be enough to apply for the WP3. But as mentioned, other Thai Embassies do not require WP3 in applying for a Non-immigrant B visa.

    For future references, tourist visas for Thailand are issued free of charge until March 31st 2011 at any Thai Embassy or Consulate around the world. However some consulates may charge a special fee to process the visa faster.

    [sunbelt][/sunbelt]

  2. This is certainly an unfortunate situation as the closure of Government offices during the protests have delayed your visa result hearing considerably. However, you should not be unduly concerned because there is a solution for you. You can prepare a letter explaining your circumstances, stating that you have a pre-booked flight on the 27th June and the delay in your visa result hearing, and take this along with your flight ticket details to immigration one week before your hearing (around 20th June). Once you reach the immigration office you will need to ask to speak to the Head Officer of the section relating to your visa renewal. They will be able to assist you as there are clearly special circumstances involved in this case. The Officer will be able to process your visa result hearing. You should also bring your new passport to Immigration at the same time, so that your visa and multiple entry stamps can be transferred to your new passport prior to your departure on 27 June.

    [sunbelt][/sunbelt]

  3. It is possible to change your tourist visa (or the 30-day visa exemption stamp) into a Non-immigrant B visa. However, this will be a different process and requires an arduous amount of documents that includes your degree certificates certified by your embassy (or embassy where the degree was issued) translated and certified by the Ministry of Foreign Affairs. Some of the requirements include but not limited to the following:

    a) Employment contract

    :) A letter of request stating the reason for alteration of visa

    c) A letter of guarantee

    d) Evidence of Educational attainment and job experience

    e) Company supporting documents such as:

    a. Company affidavit (plus list of shareholders)

    b. Tax and VAT Registration

    c. Latest Financial Statement (Annual audit, Balance sheet etc.)

    d. Income Tax and Monthly withholding tax submissions

    e. Photos of the company

    f. Map of the company

    On top of that, you must have 21 days valid on your visa (or entry stamp) in order to change your visa/entry stamp into a Non-immigrant B visa. Once submitted, the Immigration will stamp 2 weeks on your passport as consideration period in which you will hear the result on the said date and receive a stamp of 2 months and 2 weeks. This in total, constitutes the initial 3-month Non-immigrant B Visa as if it has been applied from a Thai Embassy or Consulate. Upon obtaining a work permit and also depending on the qualifications of your company, you may extend this Non-immigrant B visa into a 1 year “extension of stay”.

    By the way, it is unclear as to why your visa application was denied and which document they were requesting from you. The Thai Embassy in Ventianne, Laos in some cases as it is convienent is one of the best locations to apply for a single Non-immigrant visas provided that you have all the requirements depending on each category of non-immigrant visas.

    [sunbelt][/sunbelt]

  4. A 15-day entry stamp at any border is also considered as a Visa exemption stamp similar to the 30-day visa exemption stamp that you can obtain via airport. Only a certain list of countries are qualified for this visa exemption stamp and this is not similar to a “Tourist Visa” that you can obtain at any Thai Embassy or Consulate or the upon-arrival visa that you can obtain at the airport immigration. Tourist visas are usually issued with validity of two (2) months. A 15-day (or 30-day) visa exemption stamp can only be extended at the immigration office for maximum 7 days. In contrast with the 15-day/day visa exemption stamp, the 2-month tourist visa can be extended mostly for another 30 days depending on their nationality (some nationalities can only extend it for 15 days). Visa extension fees remain to be constant at THB 1,900 regardless of the type of visa. TM 7 forms are obtainable at the Immigration office or through their website free of charge.

    [sunbelt][/sunbelt]

  5. On a short term basis - You may obtain a 2 month term extension of stay permit to "visit your Thai Child." This type of extension however, is only issued or extended 2 months at a time. This extension of stay permit does not require proof of funds. Also by showing the birth certificate with your name as the father will suffice. No need to visit the District office. You will be happy to know, you do not have to have a visa to do the 2 month extension. Simply having a tourist visa exemption stamp is ok to apply.

    On a long term basis, you could apply for an extension of stay based on being "the father of a Thai child." This extension usually applied for by a non-married parent. Whereas if the parents are married, the father would be applying for a extension of stay based on being married to a Thai national.

    Prior to the application submission, supporting documents must be prepare : i.e. you (the applicant) would need to be recognize by the district office (i.e. the foreign spouse being recorded and verify that he/she is the father/mother of the child). This route could be undertake with less complication only if the child is able to communicate and have sound knowledge of understanding.

    If the child (still a toddler) does not or unable to communicate, you as the foreign parent must go through the appointment by the Thai Family court. Once the court have announce its ruling, the applicant must take this court order to the district office to obtain the documents mentioned above.

    Other documents required to apply for this type of visa are:

    1. Certification Letter issued by the District Office (as described above)

    2. Applicant’s passport

    3. Child’s birth certificate and house registration

    4. Confirmation of the Applicant’s monthly salary (demonstrating at least 40,000 Baht per month) (proven by PND 1 and PND 91) OR Bank’s confirmation of the applicant’s bank account showing the balance of at least 400,000 Baht in the applicant’s Thai bank account. The money can be in any Thai bank either in a fixed deposit or savings. It should also be noted that, this 400,000 Baht must be deposited into the designated bank account for at least 2 months prior to the visa application submission.

    [sunbelt][/sunbelt]

  6. If you simply need just one entry (up to 90 days with extension) then any of the regional consulates/embassies will be fine.

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    Hi, the single entry with upto 90 days is exactly what I need. When you say any of the regional consulates/embassies, do you mean I can go to my own embassy in Bangkok, or do you mean any Thai embassy abroad?

    Thankyou very much for your advice,

    Hayden.

    By that, we mean any Thai Embassy or Consulate around the world.

  7. Barky -- While your Indian guest can obtain a Visa on Arrival, your Jordanian guests cannot. They also do not qualify for the 30-day visa exemption. They must obtain a tourist visa in Jordan.

    You will want to check both the pages below to determine what your guests will need. If their home countries do not appear on either page, they need to obtain a tourist visa at home.

    Visa Exemption countries

    http://www.mfa.go.th/web/2482.php?id=2490

    Visa on Arrival countries

    http://www.mfa.go.th/web/2637.php

    Our expert Legal Advisors can provide you a more detailed information about visa requirements, work permit and company legal issues.

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  8. The first thing is that you need to be recognized by the district office as the father of the child. If the child is too young to communicate, you must go through Thai Family Court to obtain this distinction.

    Once the court has given its ruling, you take this court order to the district office to obtain your extension.

    Other documents required to apply for this type a visa in support of a Thai child:

    1. Certification Letter issued by the District Office (as described above)

    2. Applicant’s passport

    3. Child’s birth certificate and house registration

    4. Confirmation of the Applicant’s monthly salary (demonstrating at least 40,000 Baht per month) (proven by PND 1 and PND 91) OR Bank’s confirmation of the applicant’s bank account showing the balance of at least 400,000 Baht in the applicant’s Thai bank account.

    Our expert Legal Advisors can provide you a more detailed information about visa requirements, work permit and company legal issues.

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  9. Sorry, but you will have to leave the country to obtain a tourist visa. The most popular choice these days in Vientiane, Laos (where you can get a double-entry visa that can last you 6 months) free.

    If you simply need just one entry (up to 90 days with extension) then any of the regional consulates/embassies will be fine.

    Our expert Legal Advisors can provide you a more detailed information about visa requirements, work permit and company legal issues.

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  10. Re: Your second question:

    You can only apply to change your tourist visa to a non-immigrant O visa IF you have 21 days left on the visa not the extension) AND if you actually qualify for a non-immigrant O visa.

    O visas are issued for retirement (over 50), support of a Thai child or spouse, being supported by spouse or child or investment in the Kingdom.

    You can contact us for a free consultation if you think you qualify for such a visa.

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  11. Kingfisher Airlines does not have an interline agreement with Cebu Pacific, therefore the OP will have to claim and recheck luggage into Cebu Pacific.

    If the OP is traveling on his Indian passport, a transit visa or visa on arrival will be needed. Being that VOAs are currently free, while transit visas are not, the former is the better option.

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  12. This Visa (supporting of a Thai child) usually applied for a non-married parent. Whereas if the parents are married, they (the foreign spouse) would be applying for a Marriage Visa.

    Prior to the application submission, there are supporting documents that must be prepared:

    * You (the applicant) would need to be recognize by the district office (i.e. the foreign spouse being recorded and verify that he/she is the father/mother of the child). This route can be simpler if the child is able to communicate and have sound knowledge of understanding.

    If the child (still a toddler) does not or is unable to communicate, the foreign parent must be and go through the appointment by the Thai Family court. Once the court have announce its ruling, the applicant must take this court order to the district office to obtain the documents mentioned above.

    Other documents required to apply for this type of visa are:

    1. Certification Letter issued by the District Office (as described above)

    2. Applicant’s passport

    3. Child’s birth certificate and house registration

    4. Confirmation of the Applicant’s monthly salary (demonstrating at least 40,000 Baht per month) (proven by PND 1 and PND 91) OR Bank’s confirmation of the applicant’s bank account showing the balance of at least 400,000 Baht in the applicant’s Thai bank account.

    As noted, you cannot apply for a Change of Visa Status unless you have 21 or more days of your visa exemption or tourist visa remaining. If you are in the country only on the visa exemption (30-day stamp) you would be better off obtaining either a tourist visa or non-immigrant O visa outside the country so you will have adequate time to work through the legal process above.

    Our expert Legal Advisors can provide you a more detailed information about visa requirements, work permit and company legal issues.

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  13. As it does seem as if you will not be able to obtain an extension of stay for some time, you might be better off heading to the U.S., U.K. or Australia to obtain a multiple-entry Non-Immigrant "B" visa rather than continually attempt to obtain new single-entry B visas in Southeast Asia.

    Our expert Legal Advisors can provide you a more detailed information about visa requirements, work permit and company legal issues.

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  14. It seems that the two above statements are kind of contradictory...maybe I am missing something obvious.

    If the WP's cancellation has no bearing on my visa, how come my one year visa will suddenly end with the termination of my employment?

    Your VISA, or more specifically the extension of stay on your visa, is itself based on your employment. If your visa ends, so does the reason for your extension of stay

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  15. The process to "freelance" is the same as any foreigner wanting to do business on his own: You must set up a company and get a work permit under the aegis of that company. Except in limited cases, you cannot have majority or total ownership of the company.

    If you are American you can establish a company under the Treaty of Amity, which would allow for 100 percent ownership. Australians and Japanese, as well, can obtain controlling interest in their companies under respective free-trade agreements with Thailand.

    In other cases, however, you will need to establish a company that meets the following requirements:

    · Registered capital of 2 million baht or just 1 million baht if you are married to a Thai national.

    · Applicant would be earning income at least the same level as specified by the immigration office (e.g. American must earn 50,000 Baht per month).

    · 4 Thai employees each earning income at least the minimum rate specified in the Labor Act. (proven by the Monthly Withholding Tax filing -PND 1 and Social Fund filing – Sor Por Sor 1-10) However, in Bangkok they would like to see two of the Thais being paid more than just the minimum salary rate preferably around 10,000 -15,000 Baht)

    Note that initially (and depending on the officer’s discretion), the Labor Department Office may approve you work permit application even though you were not able to show 4 Thai employees if your employer is at start up.

    There are, as you've seen, people trying to sell already established companies but you'll want to decide if you'd face less complications and cost (long-term) in establishing your own company with the help of expert legal advisors. Feel free to contact us below for more info on establishing a firm, obtaining a work permit, SMEs and ownership issues.

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  16. As Lopburi noted, you almost certainly already have the same visa your new friend got. A double-entry Tourist Visa issued in Laos does allow for 6 months in Thailand. However, it comes in the form of a 60-day permission to stay, a 30-day extension, a visa run to activate the second entry (60 more days) and another 30-day extension.

    Your new pal may not know that however.

    Our expert Legal Advisors can provide you a more detailed information about visa requirements, work permit and company legal issues.

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  17. Hi there, a couple things to handle here:

    Fees -- A third-party agent is naturally going to charge more to do the work necessary to renew a visa/extension of stay and work permit. But the amounts quoted do seem high. Our fee, for example, to extend a work permit (if we have done the original work permit) is 7,500 baht. Cancellation of the work permit is 1,900 baht. So you can see how it would be difficult to add up to 66,000 baht.

    Your Visa Situation -- More importantly is your status. First of all, your work permit is not related to the visa. The WP's cancellation has no bearing on your visa. Your employer cancels the work permit with the Labor office and then notifies Labor and Immigration that your employment has been terminated.

    Regardless of whether these notifications take place, your legal basis to remain in the Kingdom ended with the end of your employment. You must either obtain a 7-day extension from Immigration or leave the country immediately to obtain a different visa. If you can secure new employment within seven days you likely can avoid the out-of-country trip, but otherwise you'll need to either get a Tourist Visa or return on a visa exemption stamp (15 days by land/30 days by air.)

    Our expert Legal Advisors can provide you a more detailed information about visa requirements, work permit and company legal issues.

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    26th Floor Fortune Town BR, 1 Ratchadapisek Rd, 10400 Bangkok

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  18. Situations like your visit to Vientiane are frustrating, I'm sure. But visa issuance has always been at the discretion of the immigration officer handling your case. There have been many cases noted here of Vientiane issuing "red stamps" for those whom it deemed had too many tourist visas. It's not a big leap to imagine them tightening this even further, particularly if those tourist visas had 30-day extensions.

    If you wish to remain in the country for a long time, then a non-immigrant visa is what you need. It's just that type of situation they were designed for. But as with any country in the world, long-term stays are only allowed for specific purposes. In Thailand's case, that's retirement, marriage, support of a child, being a dependent, education, investment or business.

    If you don't fit into any of those categories, then Thailand is really not willing to have you stay here.

    If you are not married or have Thai children, do not or want to work or invest here, or attend school, then retirement remains your only bonafide recourse. If you do choose to pursue a non-immigrant O visa based on retirement and then obtain the 1-year of extension of stay, there is no getting around the financial requirements. But, remember, it need not only be 800,000 baht in the bank. If you can demonstrate monthly income of 65,000 baht or more, then you can leave your money in the U.S.

    There is one other possibility in that there have been cases where overseas Thai consulates have issued 1-year, multiple-entry retirement (O-A) visas without the requirement that the money be deposited in a Thai bank. Bank statements showing you had such money was generally all that was needed.

    These places are few and far between, but our legal advisors would be happy to assist you with this or other issues related to obtaining the visa you desire.

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  19. If you've heard this at home, then I'm guessing you are from a country with which Thailand only allows Visa on Arrival. VoAs are only for 15 days and cannot be extended.

    Note you must meet two other requirements:

    - The applicant must possess means of living expenses at the amount of 10,000 Baht per person and 20,000 Baht per family accordingly.

    - The applicant must possess a passport with at least six-month validity and must present full paid ticket which is usable within 15 days since the date of entry

    If you are from one of the 21 countries below, you fall into this category:

    1. Bhutan : Kingdom of Bhutan

    2. China : People’s Republic of China

    3. Cyprus : Republic of Cyprus

    4. Czech : Czech Republic

    5. Estonia : Republic of Estonia

    6. Hungary : Republic of Hungary

    7. India : Republic of India

    8. Kazakhstan : Republic of Kazakhstan

    9. Latvia : Republic of Latvia

    10. Liechtenstein : Principality of Liechtenstein

    11. Lithuania : Republic of Lithuania

    12. Maldives : Republic of Maldives

    13. Mauritius : Republic of Mauritius

    14. Oman : Sultanate of Oman

    15. Poland : Republic of Poland

    16. Russian Federation

    17. Saudi Arabia : Kingdom of Saudi Arabia

    18. Slovakia : Slovak Republic

    19. Slovenia : Republic of Slovenia

    20. Taiwan

    21. Ukraine

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  20. At the end of the day, when renewing your extension of stays visa, it would be totally up to the officer’s discretion whether to permit the renewal.

    If the immigration confirms that extension of stay is not permitted, your alternative options would either be to re-apply for another Non “O” again in a year's time OR to come in to the country as another type of visa and later on apply for an extension of stay from the Thai Immigration in Chaengwattana location.

    Our expert Legal Advisors can provide you a more detailed information about visa requirements, work permit and company legal issues.

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  21. Just a point of reference to the OP's original question about the "letter to prove you have not recently divorced."

    The Kor Ror 2 technically is not such a "letter." Kor Ror 2 is the "current marriage certificate and its addendum."

    As noted, to extend your marriage visa, the same documents are needed as when you initially applied.

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  22. In the first year of the application, the money must be deposited in the Thai bank account for at least 2 months. In the following years, it must be deposited for at least 3 months.

    In the first year, apart from the copy of the bank passbook, the applicant is also required to supply a supporting letter to confirm the amount (balance) in the bank account as well as the location where the funds was transferred from.

    Our expert Legal Advisors can provide you a more detailed information about visa requirements, work permit and company legal issues.

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  23. In general, the government fee for extending is 1,900 baht.

    The list of required documents depends on the subcategory of Non-Immigrant O visa you are applying for, such as marriage, retirement, dependent, supporting a Thai child, investment, etc.

    Our expert Legal Advisors can provide you a more detailed information about visa requirements, work permit and company legal issues.

    sunbelt.jpg

    www.sunbeltlegaladvisors.com

    26th Floor Fortune Town BR, 1 Ratchadapisek Rd, 10400 Bangkok

    Tel: 02-642-0213 Fax: 02-641-1995

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  24. If your friend does not return to extend his Extension of Stay before its expiry date, he will have to go through the same procedure as when he applied the first time.

    Immigration generally allows renewals to take place only as early as two weeks before the expiration date. However we have seen cases done a month early if it can be shown that the applicant is leaving Thailand. The plane ticket must be presented in such a case.

    Our expert Legal Advisors can provide you a more detailed information about visa requirements, work permit and company legal issues.

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    26th Floor Fortune Town BR, 1 Ratchadapisek Rd, 10400 Bangkok

    Tel: 02-642-0213 Fax: 02-641-1995

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  25. At a Feb. 26 Pattaya City Council meeting, Deputy Mayor Verawat Khakhay said trash and homeless people are giving Pattaya Beach a bad reputation as being dirty and unsafe. He said the city cannot solve the problem alone and urged those who make their living on the sand to help out.

    Verawat also called on the Pattaya Engineering Department to install more lighting along the beachfront to discourage loitering and said police and security officials need to crackdown on vagrants who live and sleep on the beach.

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