Visa Options

[lostmebike]

Hello to all.

 

It's been a good while since I posted on Thai Visa. I've been extremely busy these last few years but still here in the LOS. Thing is, I'm coming off my B visa, in November this year and wondering what options are open to me with regards to my new remote position - all work done will be online.

I am married to a Thai lady with kids. I know I can obtain an O Visa yet really don't want to transfer over 400k here due to the cost, effort and temptation!! It used to be the case where if you show 40k a month coming in, this was suffice for immigration and no need to show 400k in the bank.

So it's these following questions I would like answered:

1. Is it still the case where either 400k (for a couple of months) in the bank or 40k a month income is required ?

2. And if a regular income over the stated amount is still an option, can these funds come from my overseas employer?

3. Also, would l need to pay tax and would I be entitled to a work permit?

4. Have I overlooked anything?

 

I really appreciate any relevant feedback regarding these questions guys.  I am sure there are many here that have already encountered this situation.

 

Thanks in advance. 

[ubonjoe]

1. To apply for an extension of stay (not a visa) at immigration based upon marriage you would need 400k baht in a Thai bank for 2 months or proof of 40k baht income.

2. Yes if you could use that income to if you could get a income letter from your embassy using it.

3. If you stay in the country more than 180 days a year you should pay tax on any income brought into the country but it is not often enforced.

    You would need to be working for a registered Thai company, partnership or business to apply for a work permit.

[elviajero]

1 hour ago, lostmebike said:

1. Is it still the case where either 400k (for a couple of months) in the bank or 40k a month income is required ?

• If you apply as a spouse , yes.
• If you apply as a parent the office can waive the 2 month 'seasoning' requirement. The money just needs to be in your bank account on or before the day you apply.

If you can't or don't want to meet that financial requirements for an extension of stay you could apply for a Non Immigrant 'O' visa in Savannakhet, Loas. You do not need to provide financials to get that visa. It will allow you to work, but you will have to leave/return every 90 days (max) unless you extend your stay.

 

1 hour ago, lostmebike said:

2. And if a regular income over the stated amount is still an option, can these funds come from my overseas employer?

You can use income from abroad, but you need to get an affidavit from your embassy in Bangkok confirming the amount of your income.

 

1 hour ago, lostmebike said:

3. Also, would l need to pay tax and would I be entitled to a work permit?

You become 'Tax Resident' if living in the country for more than 180 days in a tax year. You are supposed, under the self assessment system, to declare any taxable income. If you transfer income to Thailand -- that was earned in the same tax year as transferred -- it can be liable to tax. That applies to anyone regardless of their visa/work status.

 

As you are the spouse/parent of Thais you can apply for a work permit with a non 'O' visa entry and any permission to stay granted from that entry. But you won't get a work permit for working for a business/employer based abroad that isn't legally operating in Thailand.

 

1 hour ago, lostmebike said:

4. Have I overlooked anything?

Most people that work online for a foreign entity and get paid outside of Thailand do not declare what they are doing.

[lostmebike]

Thanks ubonjoe ... just a couple if more questions, if I may?

 

In answer 2 'Yes if you could use that income to if you could get a income letter from your embassy using it'. Yet the income does not come from my home country. Would I need any other docs in lieu of the letter from my embassy?

 

And lastly, if I had no work permit, due to working for a foreign company:

1. Would my remote work be legal? 

2. Could I get an extension, linked to earnings, without a WP?

 

T.I.A

 

 

[lostmebike]

8 minutes ago, elviajero said:

• If you apply as a spouse , yes.
• If you apply as a parent the office can waive the 2 month 'seasoning' requirement. The money just needs to be in your bank account on or before the day you apply.

If you can't or don't want to meet that financial requirements for an extension of stay you could apply for a Non Immigrant 'O' visa in Savannakhet, Loas. You do not need to provide financials to get that visa. It will allow you to work, but you will have to leave/return every 90 days (max) unless you extend your stay.

 

You can use income from abroad, but you need to get an affidavit from your embassy in Bangkok confirming the amount of your income.

 

You become 'Tax Resident' if living in the country for more than 180 days in a tax year. You are supposed, under the self assessment system, to declare any taxable income. If you transfer income to Thailand -- that was earned in the same tax year as transferred -- it can be liable to tax. That applies to anyone regardless of their visa/work status.

 

As you are the spouse/parent of Thais you can apply for a work permit with a non 'O' visa entry and any permission to stay granted from that entry. But you won't get a work permit for working for a business/employer based abroad that isn't legally operating in Thailand.

 

Most people that work online for a foreign entity and get paid outside of Thailand do not declare what they are doing.

Thanks elviajero.

 

How many O visas could I get from Savannakhet though before being refused entry? I heard they were tightening up, or did assume incorrectly?

[elviajero]

20 minutes ago, lostmebike said:

1. Would my remote work be legal? 

Yes. Any work done on Thai soil requires permission, which you cant get.

 

The authorities would probably turn a blind eye even if they knew what you were doing, and they don't currently actively go looking for, or prosecute,  people working remotely.

 

21 minutes ago, lostmebike said:

2. Could I get an extension, linked to earnings, without a WP?

Only foreign earnings. Not Thai earnings, as you can't work and earn an income without a WP.

[elviajero]

16 minutes ago, lostmebike said:

How many O visas could I get from Savannakhet though before being refused entry? I heard they were tightening up, or did assume incorrectly?

One border -- Aranya/Poipet -- is stopping ME visa holders doing visa runs to extend their stay. But otherwise the authorities are not currently stopping visa runs.

[ubonjoe]

35 minutes ago, lostmebike said:

n answer 2 'Yes if you could use that income to if you could get a income letter from your embassy using it'. Yet the income does not come from my home country. Would I need any other docs in lieu of the letter from my embassy?

Most embassies will allow you to declare income from another country to do the income letter. You should check with them about it.

Immigration can ask for backup proof for the income shown on the letter but normally they do not ask for it.

[Our Man in the Tropics]

@

Ubon-Joe primarily,

 

Ref.

elviajero

 

05:00 PM Sunday 16 Sep 2018,

 

If you cannot, or do not want to, meet that financial requirements for an extension of stay, you could apply for a Non Immigrant 'O' visa in Savannakhet, Laos.

You do not need to provide financials to get that visa.

 

It will allow you to work.

 

But you will have to leave/return every 90 days (max) ;

Unless you extend your stay.

 

Above post is slightly redacted for analysis purposes by Our Man in the Tropics

 

>>>>>>>>>>>>>>>>>>>>>>>>>>

 

1_

I would appreciate your kind confirmation or refutation or qualification on the above statement.

 

2_

For those expats here on Extensions of Stay for Retirement Reasons following a Non-O Visa -- & both obtained through Agent in Thailand & while expat located in Thailand & the funds part being funds lodged in Thai bank account of expat,- if the above statement is indeed essentially correct ; 

 

2_1

What is involved for that category of expat to transfer from "Retirement Visa" obtained whilst in South East Asia / Thailand to Non Immigrant O Visa & then Extension based on being parent to Thai Child[ren] [ And, no funds necessary ] ?

 

2_2

What is the scope in this situation for obtaining Work Permit ?

 

e.g.

 

2_2_1

very restricted ?

 

2_2_2

normal ?

 

Thanking you in advance for your kind helpful reply,

 

Regards,

 

Our Man in the Tropics

[ubonjoe]

21 minutes ago, Our Man in the Tropics said:

2_1

What is involved for that category of expat to transfer from "Retirement Visa" obtained whilst in South East Asia / Thailand to Non Immigrant O Visa & then Extension based on being parent to Thai Child[ren] [ And, no funds necessary ] ?

2_2

What is the scope in this situation for obtaining Work Permit ?

2.1 He was referring to applying for a multiple entry non-o visa based upon marriage in Savannakhet Laos. They will not issue one for the being the parent of a Thai. They will only issue a single entry non-o visa.

An extension of stay based upon being the parent of a Thai child would require 400k baht in a Thai bank or proof of 40k baht income. You also need to be the legal parent of your child by way of marriage or legitimization of your parenthood.

2.2 It is possible to get a work permit and work with a non-o visa or extension of stay based upon being the parent of a Thai. You have to be working for a registered Thai company, partnership or business to get the work permit.

[Our Man in the Tropics]

8 minutes ago, ubonjoe said:

2.1

... parent of a Thai.

They will only issue a single entry non-o visa.

An extension of stay based upon being the parent of a Thai child would require :

2.1.1

400k baht in a Thai bank

or

2.1.2

proof of 40k baht income.

X_1_

Re ;

Single Non-Immigrant "O" Visa ;

 

X_1_1_

Stated Basis ; Parent of Thai Child[ren] ?

 

X_1_2_

Max. Permission-to-Stay ; 60 Days only ?

 

X_1_3_

Extension of Stay ;  Possible ?

 

X_1_4_

If "Yes" ; 30 Days ?

 
X_1_5_

Repeat Extension-of-Stay ; Possible ?

 

X_1_6_

Multiple Re-Entry Permit ; Possible ?

 

X_1_7_

Monthly Income just short of THB 40 k ; Likely to be acceptable

 

8 minutes ago, ubonjoe said:

2.2

It is possible to get a work permit and work with a non-o visa or extension of stay based upon being the parent of a Thai.

To get the work permit,- you have to be working for :

 

Y_1_

a registered Thai company

or

Y_2_

a registered Thai partnership

or

Y_3_

a registered Thai business [ with you as 1 of the founding shareholders ? ]

Y_4_

Thai government school ?

 

Please indulge my redaction of your very helpful reply ;

Deconstruction reason.

 

Regards,

 

Our Man in the Tropics

 

 

[ubonjoe]

30 minutes ago, Our Man in the Tropics said:

X_1_

Re ;

Single Non-Immigrant "O" Visa ;

X_1_1_

Stated Basis ; Parent of Thai Child[ren] ?

X_1_2_

Max. Permission-to-Stay ; 60 Days only ?

X_1_3_

Extension of Stay ;  Possible ?

X_1_4_

If "Yes" ; 30 Days ?
X_1_5_

Repeat Extension-of-Stay ; Possible ?

X_1_6_

Multiple Re-Entry Permit ; Possible ?

 A single entry non-o allows one 90 day entry. It would be based upon being the parent of a Thai child or they could be an adult. It does not matter if one child or more.

You could apply for a 60 day extension of the 90 entry to visit your child one time (no need be the legal parent or financial proof).

Or you could apply for a one year extension of stay if you are legal parent of a Thai and had the financial proof mentioned. It is a minimum income of 40k baht and anything less would be denied.

You could apply for a new one year extension every year when the existing one is near ending.

For the one year extension you could get a multiple re-entry permit.

 

34 minutes ago, Our Man in the Tropics said:

Y_1_

a registered Thai company

or

Y_2_

a registered Thai partnership

or

Y_3_

a registered Thai business [ with you as 1 of the founding shareholders ? ]

Y_4_

Thai government school ?

Y_1 and 2  The ownership of the company or partnership must be at 50% Thai.

Y_3 would be a sole proprietorship owned by a Thai. You would be an employee of the business.

Y-4 Yes

56 minutes ago, Our Man in the Tropics said:

Please indulge my redaction of your very helpful reply ;

Deconstruction reason.

I could of deleted your post for changing the quoted text for being a violation of this forum rule.

"2. Please do not modify someone else's post in your quoted reply, either with font or color changes or wording. Such posts will be deleted and the user warned."

 

[Our Man in the Tropics]

Very helpful  reply from authoritative source such as yourself Ubonjoe ;

Again,- many thanks.

 

Further Questions :

 

1_

How to change

FROM

Non-Immigrant Visa ; Class "O" followed by Extension of Stay for Reason of Retirement

TO

Extension of Stay [ for 1 Year ] for Reason of being Legal Parent of Thai Child

[ And,- Applicant having minimum income of THB 40,000 per month ]

?

 

2_

Applicant having name on Child's Birth Certificate is sufficient for Applicant to satisfy Legitimization of Parenthood ?

 

>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>

 

Sorry for redacting your posts ;

I did tentatively & with highlight that I did so lest I be possibly breaking protocol.

Thank you for informing me that it wrong according to Thaivisa.com rules to redact others' posts.

Now I know, & will refrain hereon.

 

Regards,

 

Our Man in the Tropics

[ubonjoe]

40 minutes ago, Our Man in the Tropics said:

1_

How to change

FROM

Non-Immigrant Visa ; Class "O" followed by Extension of Stay for Reason of Retirement

TO

Extension of Stay [ for 1 Year ] for Reason of being Legal Parent of Thai Child

[ And,- Applicant having minimum income of THB 40,000 per month ]

?

2_

Applicant having name on Child's Birth Certificate is sufficient for Applicant to satisfy Legitimization of Parenthood ?

1. You would apply for a extension of stay based upon being the parent of a Thai during the last 30 days of your extension based upon retirement instead of retirement.

2. No it is does not. The legitimizaion has to done at a Amphoe (child 7 years old or older) or at a family court.

Info is in the topic.

 

[Our Man in the Tropics]

@ Ubonjoe,

 

Mario2008's thread that u supplied the link for, above, is very interesting & helpful ;

I read the 1st post, but will have to postpone reading the rest of the thread until later today [ hopefully I will read all of the 25 pages on the 1 day ].

 

Regards,

 

Our Man in the Tropics