Thai Citizenship - Coming up to being eligible - Too many questions!

[new101]

First of all I would like to point out that I have read in depth the brilliant hundred page + topic on this and just have a few further questions I am unable to find the answers to.

 

In 6 months I will have paid tax for 3 years with an extension based on marriage and WP.

 

My question is - I am based in Chiang Mai and formed the company solely for the purpose of wishing to go for citizenship and funnel all my foreign income through the Thai company. I am not a director but am a shareholder. When the company was formed I received the WP without the need to have any Thai staff and have not found any other reports of this??? - and have extended WP first for 1 year and then 2 years, I have extended my visa each team with tax return evidence. My WP was and is fully sorted by an agent.

 

So when applying for citizenship do I need to show company paperwork? If yes and I transferred my shares to my wife meaning I was only an employee and not a director or shareholder would I still need to show the company paperwork?

 

I pay tax on 62k a month so should get maximum points for salary being married?

 

The company has submitted returns yearly with zero profit eg 80k comes in one month I pay myself 62k and my wife gets a salary of the rest up to maximum allowed without paying tax the rest is saved for expenses.

 

Now of course there are no rules I can find that say the method of which you pay tax is taken into account however I am aware that this may not look ideal so would prefer to not have to show any company documents - I can't imagine someone working for a huge Thai public company for example and them being required to show that companies documentation?

 

If anyone could enlighten me about this I would be most grateful.

 

On a side note the points for age seem in my opinion to be quite backwards with younger people being penalised? 5 points for 30-40 whereas 10 points for 40 to 50.

 

Lastly what does:

 

"Has evidence of civil registration showing domicile in Thailand for at least 5 years but no Certificate of Residence or Alien Registration Certificate – 5 points"

 

Mean?

 

Being registered in a yellow book??

 

If so I don't have this and will be right on the line of points of acceptance 50 to 55 - will this hinder my application?

 

Age - 5 points

Security of Profession - 25 points

Knowledge of Thai Language - 10 points (Getting there with reading and writing so depending on how difficult 15 points)

Knowledge of Thailand - I assume should be a question of learning facts and history so should be down for 10 points

Personality - Lets hope 5 points

 

So 40 a definite with a possible 20 more on the cards so 50 should be doable.

 

0 points for education - Is one penalised for not having attended university in any other way about from 0 points?

 

Thanks all

 

 

 

 

 

 

 

 

[tonray]

It sounds like you set up a sham company with no real operations in Thailand.

[new101]

4 minutes ago, tonray said:

It sounds like you set up a sham company with no real operations in Thailand.

How else is anyone meant to work legally in Thailand with an offshore income. My company invoices the company I work for, whats wrong with that?

 

My point was I would not have done this if there was no possibility for citizenship and however it looks my only interest is meeting the requirements in as easy way as possible.

[FritsSikkink]

I doubt your work permit is legal as you need at least another Thai employee if your wife is 1 but you need 2. How much do you pay your agent to get one?

[new101]

1 hour ago, FritsSikkink said:

I doubt your work permit is legal as you need at least another Thai employee if your wife is 1 but you need 2. How much do you pay your agent to get one?

Nothing excessive, however this is not the point.

 

I'm trying to figure out how to go for citizenship with what I currently have, the WP if of course fully legal, I went in person the first time to collect and the staff there spoke to me for a while, I can't see any wrong with it, OK 0 Thai staff however I took it as the Labour office being able to make exceptions if they chose to?

[ubonjoe]

11 hours ago, new101 said:

 

In 6 months I will have paid tax for 3 years with an extension based on marriage and WP.

You will probably have to wait a year before you can apply. The want to see 3 years of filed tax returns.

11 hours ago, new101 said:

So when applying for citizenship do I need to show company paperwork? If yes and I transferred my shares to my wife meaning I was only an employee and not a director or shareholder would I still need to show the company paperwork?

I pay tax on 62k a month so should get maximum points for salary being married?

The company has submitted returns yearly with zero profit eg 80k comes in one month I pay myself 62k and my wife gets a salary of the rest up to maximum allowed without paying tax the rest is saved for expenses.

They will want to see comp;any paperwork.

The work permit office may be considering your wife as 1 employee for you work permit application. When you do your application they want to see more Thai employees shown to meet the minimum requirements to get a work permit.

 

11 hours ago, new101 said:

Lastly what does:

"Has evidence of civil registration showing domicile in Thailand for at least 5 years but no Certificate of Residence or Alien Registration Certificate – 5 points"

Mean?

Being registered in a yellow book??

You will need to have a yellow house book. The 5 years is for those on permanent residency.

 

If applying in Chiang Mai you may run into more road blocks to do your application than those that are applying in Bangkok. You should look at the long topic where a member has been posting about his experience while doing the application in CM.

Perhaps @Arkady will see your topic and will be able to give you more advice.

 

[jayboy]

Sham companies like this formed to deceive the authorities are weeded out quickly in the PR application process.Whether it's different in applying for citizenship others will know.

 

However generally in Thailand it's not a good idea to adopt a legal structure whose very purpose is to avoid the objective of Thai law/regulations.Quite often you can get a bottom feeding lawyer/legal firm to advise on a structure and even implement it.The problem arises when the unsound structure is challenged.

 

 

[new101]

6 minutes ago, jayboy said:

Sham companies like this formed to deceive the authorities are weeded out quickly in the PR application process.Whether it's different in applying for citizenship others will know.

 

However generally in Thailand it's not a good idea to adopt a legal structure whose very purpose is to avoid the objective of Thai law/regulations.Quite often you can get a bottom feeding lawyer/legal firm to advise on a structure and even implement it.The problem arises when the unsound structure is challenged.

 

 

This is not a 'sham' company, the company was formed in order to do work for overseas companies. The company invoices companies overseas as opposed to me invoicing them directly, this is not a sham. My point being that this was only done in order to being eligible for citizenship and to get a WP. The company turns over funds but doesn't need to make a profit.

 

I fail to understand how this is deceiving the authorities? In Thailand you need a WP to work legally so I formed a company to get one? I could have invoiced the overseas companies directly and that would have been illegal.

 

'However generally in Thailand it's not a good idea to adopt a legal structure whose very purpose is to avoid the objective of Thai law/regulations.' This is the exact opposite of what's happening, I would say generally in Thailand it's not a good idea to work illegally, and the sole purpose of the company IS to comply with Thai laws and regulations.

[new101]

1 hour ago, ubonjoe said:

You will probably have to wait a year before you can apply. The want to see 3 years of filed tax returns.

They will want to see comp;any paperwork.

The work permit office may be considering your wife as 1 employee for you work permit application. When you do your application they want to see more Thai employees shown to meet the minimum requirements to get a work permit.

 

You will need to have a yellow house book. The 5 years is for those on permanent residency.

 

If applying in Chiang Mai you may run into more road blocks to do your application than those that are applying in Bangkok. You should look at the long topic where a member has been posting about his experience while doing the application in CM.

Perhaps @Arkady will see your topic and will be able to give you more advice.

 

Thanks, I will look at amending the company to be more suitable.