Retirement Visas And Work Permits

[KhunNoo]

another neewbie joins the ThaiVisa ranks with a first posting, and I hope that this question does not appear too simplistic to the TV experts (even though I have had various best guesses so far from the Expat bar room lawyers) ......

I am currently using the one-year type 'O' visa, but I am considering applying for the retirement visa. I am British, and now qualify for the retirement visa (50+).... I was working in Thailand up until the Baht meltdown in the late 90's (with a work permit), but then had to return to working overseas whilst continuing to live in Thailand. The one-year type 'O' visa has so far easily satisfied my needs as I seldom exceed stays of 90 days at any one time.

I continue to maintain a strong interest in returning to work in Thailand, should the right opportunity present itself. Meanwhile, with all the new regulations and confusion regarding 'visit visas', I am considering applying for the retirement visa.

Q: if I entered Thailand on a one-year, multiple entry type 'O' visa, and then applied for a retirement visa .... after you receive the retirement visa, should you then be offered legal employment in Thailand, which would require a work permit application, would the retirement visa simply be cancelled and a work permit issued ? Or would there be any issues regarding "availability for employment" due to the visa classification being "retired" ?? ....

[bunple]

another newbie interested in the answer to this post, anybody out there????

[tgeezer]

another neewbie joins the ThaiVisa ranks with a first posting, and I hope that this question does not appear too simplistic to the TV experts (even though I have had various best guesses so far from the Expat bar room lawyers) ......

I am currently using the one-year type 'O' visa, but I am considering applying for the retirement visa. I am British, and now qualify for the retirement visa (50+).... I was working in Thailand up until the Baht meltdown in the late 90's (with a work permit), but then had to return to working overseas whilst continuing to live in Thailand. The one-year type 'O' visa has so far easily satisfied my needs as I seldom exceed stays of 90 days at any one time.

I continue to maintain a strong interest in returning to work in Thailand, should the right opportunity present itself. Meanwhile, with all the new regulations and confusion regarding 'visit visas', I am considering applying for the retirement visa.

Q: if I entered Thailand on a one-year, multiple entry type 'O' visa, and then applied for a retirement visa .... after you receive the retirement visa, should you then be offered legal employment in Thailand, which would require a work permit application, would the retirement visa simply be cancelled and a work permit issued ? Or would there be any issues regarding "availability for employment" due to the visa classification being "retired" ?? ....

What would you do if you were running Immigration? IMO it would be on a case by case basis; if you were lucky enough to get a hearing, but certainly you would not be allowed to work on the retirement visa, so that would be cancelled, which would be no problem because you would have the work permit and 800,000 Bht in your pocket. It is probably a good plan to allow you to find work, but there is a danger of alienating the authorities.

[KhunNoo]

another neewbie joins the ThaiVisa ranks with a first posting, and I hope that this question does not appear too simplistic to the TV experts (even though I have had various best guesses so far from the Expat bar room lawyers) ......

I am currently using the one-year type 'O' visa, but I am considering applying for the retirement visa. I am British, and now qualify for the retirement visa (50+).... I was working in Thailand up until the Baht meltdown in the late 90's (with a work permit), but then had to return to working overseas whilst continuing to live in Thailand. The one-year type 'O' visa has so far easily satisfied my needs as I seldom exceed stays of 90 days at any one time.

I continue to maintain a strong interest in returning to work in Thailand, should the right opportunity present itself. Meanwhile, with all the new regulations and confusion regarding 'visit visas', I am considering applying for the retirement visa.

Q: if I entered Thailand on a one-year, multiple entry type 'O' visa, and then applied for a retirement visa .... after you receive the retirement visa, should you then be offered legal employment in Thailand, which would require a work permit application, would the retirement visa simply be cancelled and a work permit issued ? Or would there be any issues regarding "availability for employment" due to the visa classification being "retired" ?? ....

What would you do if you were running Immigration? IMO it would be on a case by case basis; if you were lucky enough to get a hearing, but certainly you would not be allowed to work on the retirement visa, so that would be cancelled, which would be no problem because you would have the work permit and 800,000 Bht in your pocket. It is probably a good plan to allow you to find work, but there is a danger of alienating the authorities.

tgeezer .... thanks for the reply. I was not expecting that I would be allowed to work on the retirement visa. I was interested as to whether the Thai Immigration Authorities would process the retirement visa along the same lines as say, the non-imm type 'O', or whether they would take the position that as I had applied for a retirement visa, then I should not be requesting a work permit ?

Would you say that the conversion (or processing) of a non-imm type 'O' to a work permit "would be" subject to a hearing, and on a case by case basis "in every case" ?? I would not be proposing to get a retirement visa with the sole intention of looking for work in Thailand. Rather, that as my age now qualifies me for the retirement visa, I would no longer be required to do the visa runs. However, if I was fortunate enough to be offered the right employment offer in Thailand, then I would prefer not to find myself in the position that I had difficulties getting a work permit from the authorities due to my being in possession of the retirement visa.

So, I would prefer the retirement visa option, but not if it would result in me being refused a work permit at some time in the future ???

[Sunny Valentine]

Maybe I miss the point, but why not get a retirement Visa now, and once the opportunity arises, travel to an Embassy / Consulate abroad with the necessary Job offer documentation, apply for a B Visa, and start the WP application process?

Sunny

[Crossy]

Just to chuck a spanner in.

SunBelt have recently reported a client being able to get a work permit against a retirement visa, something that was previously unheard of.

All bets are off!

BTW You don't have to muck about with embassies, you can change your visa class at immigration. Not sure if there are any restrictions as to what can be changed to what else though.

Edited February 15, 2007 by Crossy

[Kruang]

I was in Thailand on a 1 year non-immigrant visa based on retirement when I was offered some reasonable employment. The Labor department (which is of course different from the Immigration department) was, somewhat to my surprise, happy to issue me a work permit, based on the fact that I was holding a non-immigrant visa. They didn't seem to care that the visa was based on retirement. The visa stamp in my passport did not have any notation prohibiting employment, but it was quite clearly a retirement-based visa.

As I researched this as best I could, it appears that this is somewhat of a gray area and has been subject to interpretation and politics (like almost everything else in this country). The labor law requres only that a foreigner hold a non-immigrant visa, but I had read that semi-official policy was not to grant work permits to foreigners holding retirement-based visas, since they are supposed to be here to retire, not to work. But that is just an interpretation of the law, and not the letter of the law.

[PeaceBlondie]

I was just advised that there is some sort of special amicable treaty for left-handed, green-eyed, red-haired Bulgarians born in Botswana on an odd-numbered Monday, but you had to give up your O visa for a B visa, and then you had to do 90 day visa runs again, and it would cost more than 10,000 baht per month! So, if they haul you out of retirement to build Suanaphoom right after all, for a million baht per month, go for it.

Repeating myself: the guy was correct who said that Thailand is not so much about the rule of law; it's about relationships. If the official likes you, the rules don't matter much.

[wpcoe]

When I was handed my passport last October with my first retirement extension, the lady at the back of the Jomtien Immigrations Office sternly said: "You CANNOT work in Thailand on this visa, you understand?" To which I replied I was happy not to work any more.

Is there anything in the Immigrations rules & regulations that addresses possessing a work permit while also possessing either an O-A visa, or extension based on retirement? Or, was the only barrier the reluctance (inability?) of the Labor Department to issue the permit to a passport hold with a "retirement visa"?

[tgeezer]

another neewbie joins the ThaiVisa ranks with a first posting, and I hope that this question does not appear too simplistic to the TV experts (even though I have had various best guesses so far from the Expat bar room lawyers) ......

I am currently using the one-year type 'O' visa, but I am considering applying for the retirement visa. I am British, and now qualify for the retirement visa (50+).... I was working in Thailand up until the Baht meltdown in the late 90's (with a work permit), but then had to return to working overseas whilst continuing to live in Thailand. The one-year type 'O' visa has so far easily satisfied my needs as I seldom exceed stays of 90 days at any one time.

I continue to maintain a strong interest in returning to work in Thailand, should the right opportunity present itself. Meanwhile, with all the new regulations and confusion regarding 'visit visas', I am considering applying for the retirement visa.

Q: if I entered Thailand on a one-year, multiple entry type 'O' visa, and then applied for a retirement visa .... after you receive the retirement visa, should you then be offered legal employment in Thailand, which would require a work permit application, would the retirement visa simply be cancelled and a work permit issued ? Or would there be any issues regarding "availability for employment" due to the visa classification being "retired" ?? ....

What would you do if you were running Immigration? IMO it would be on a case by case basis; if you were lucky enough to get a hearing, but certainly you would not be allowed to work on the retirement visa, so that would be cancelled, which would be no problem because you would have the work permit and 800,000 Bht in your pocket. It is probably a good plan to allow you to find work, but there is a danger of alienating the authorities.

tgeezer .... thanks for the reply. I was not expecting that I would be allowed to work on the retirement visa. I was interested as to whether the Thai Immigration Authorities would process the retirement visa along the same lines as say, the non-imm type 'O', or whether they would take the position that as I had applied for a retirement visa, then I should not be requesting a work permit ?

Would you say that the conversion (or processing) of a non-imm type 'O' to a work permit "would be" subject to a hearing, and on a case by case basis "in every case" ?? I would not be proposing to get a retirement visa with the sole intention of looking for work in Thailand. Rather, that as my age now qualifies me for the retirement visa, I would no longer be required to do the visa runs. However, if I was fortunate enough to be offered the right employment offer in Thailand, then I would prefer not to find myself in the position that I had difficulties getting a work permit from the authorities due to my being in possession of the retirement visa.

So, I would prefer the retirement visa option, but not if it would result in me being refused a work permit at some time in the future ???

Sorry if I gave the impression of knowing Immigration but I think an honest approach has nothing to fear. Your retirement visa is only an extension based on the fact of qulification and invalidated if you leave the country without a re-entry stamp, so if you get a job offer you leave and come back on the new deal; working. My extension is to allow me to stay for six months and return for six months when I will renew. I was advised by Immigration that this was better than a multi-entry visa which would mean a trip abroad and re-entry to stay six months, plus the nausea of getting another visa from Hull next year, I agree with them.

[KhunNoo]

another neewbie joins the ThaiVisa ranks with a first posting, and I hope that this question does not appear too simplistic to the TV experts (even though I have had various best guesses so far from the Expat bar room lawyers) ......

I am currently using the one-year type 'O' visa, but I am considering applying for the retirement visa. I am British, and now qualify for the retirement visa (50+).... I was working in Thailand up until the Baht meltdown in the late 90's (with a work permit), but then had to return to working overseas whilst continuing to live in Thailand. The one-year type 'O' visa has so far easily satisfied my needs as I seldom exceed stays of 90 days at any one time.

I continue to maintain a strong interest in returning to work in Thailand, should the right opportunity present itself. Meanwhile, with all the new regulations and confusion regarding 'visit visas', I am considering applying for the retirement visa.

Q: if I entered Thailand on a one-year, multiple entry type 'O' visa, and then applied for a retirement visa .... after you receive the retirement visa, should you then be offered legal employment in Thailand, which would require a work permit application, would the retirement visa simply be cancelled and a work permit issued ? Or would there be any issues regarding "availability for employment" due to the visa classification being "retired" ?? ....

What would you do if you were running Immigration? IMO it would be on a case by case basis; if you were lucky enough to get a hearing, but certainly you would not be allowed to work on the retirement visa, so that would be cancelled, which would be no problem because you would have the work permit and 800,000 Bht in your pocket. It is probably a good plan to allow you to find work, but there is a danger of alienating the authorities.

tgeezer .... thanks for the reply. I was not expecting that I would be allowed to work on the retirement visa. I was interested as to whether the Thai Immigration Authorities would process the retirement visa along the same lines as say, the non-imm type 'O', or whether they would take the position that as I had applied for a retirement visa, then I should not be requesting a work permit ?

Would you say that the conversion (or processing) of a non-imm type 'O' to a work permit "would be" subject to a hearing, and on a case by case basis "in every case" ?? I would not be proposing to get a retirement visa with the sole intention of looking for work in Thailand. Rather, that as my age now qualifies me for the retirement visa, I would no longer be required to do the visa runs. However, if I was fortunate enough to be offered the right employment offer in Thailand, then I would prefer not to find myself in the position that I had difficulties getting a work permit from the authorities due to my being in possession of the retirement visa.

So, I would prefer the retirement visa option, but not if it would result in me being refused a work permit at some time in the future ???

Sorry if I gave the impression of knowing Immigration but I think an honest approach has nothing to fear. Your retirement visa is only an extension based on the fact of qulification and invalidated if you leave the country without a re-entry stamp, so if you get a job offer you leave and come back on the new deal; working. My extension is to allow me to stay for six months and return for six months when I will renew. I was advised by Immigration that this was better than a multi-entry visa which would mean a trip abroad and re-entry to stay six months, plus the nausea of getting another visa from Hull next year, I agree with them.

As I have not so far held a retirement visa, I dont understand your point of "...invalidated if you leave the country without a re-entry stamp...". Does that mean that you are required to process you leaving / returning with immigration ? Thanks ....

[lopburi3]

If you are on an extension of stay or a single entry O-A visa entry, such as for retirement, you must have a re-entry permit in your passport to keep it alive if you travel outside of Thailand. They can be obtained at 1,000 baht for single entry or 3,800 baht for multi entry and are valid until for up to the same date as your permitted to stay extension. So many people, if they plan travel, will obtain at the same time there extensions of stay are approved each year.

[KhunNoo]

If you are on an extension of stay or a single entry O-A visa entry, such as for retirement, you must have a re-entry permit in your passport to keep it alive if you travel outside of Thailand. They can be obtained at 1,000 baht for single entry or 3,800 baht for multi entry and are valid until for up to the same date as your permitted to stay extension. So many people, if they plan travel, will obtain at the same time there extensions of stay are approved each year.

It would seem then that in my own personal circumstances (of only considering the retirement visa as an option due to my now being eligible) of living in Thailand whilst continuing in employment overseas. I would be best off continuing with the non-immigrant type 'O' multi, as there are no restrictions or actions required on my part when arriving / leaving. In addition, should there be an opportunity for me to return to the position of requiring a work permit, I could expect that my application would be less likely to be subject to the luck of the draw.