Un-employed due to Covid, O-visa, what consequences?

[simonphuket]

Dear all,

Shamefully I have to admit that even though I have lived in Thailand for several years, I am a complete nitwit when it comes to visa matters. I ahve always have a job, non-B visa for the first years, but now the last 10-ish years an O-visa allowing me to work. 

As I had a decent job, I did not have the 400K in my account (or is it 800K nowadays?), but always had  well over 65K monthly salary.

However due to Covid, my contract has not been extended as per 1 March 2021, and it is a very very tough job market currently. My visa needs the yearly renewal in early October 2021. So I fear I have to make sure that by that time, I do not run into any issues.

Several questions, but feel free to add any useful advice.

- How much is nowadays required to be in the bank account upon visa application, and for how long does this amount need to have been there?

- If I would be able to arrange 65K to be transferred from EU to my account here, is it permitted that I have had a few months in 2021 without pay, or should it really have been a salary EVERY single month? Note I had a salary in January and February from my employer.

Not so much related to this, but it may effect my visa status:

- Legally I am entitled to Social Security Benefit. My HR Department informed me for a max for 200 days at a max of 70% of 15K. So it would be a nice little extra. However.... I do read that should you apply for this, it may effect your visa status, and no longer allow you to stay in the country. I could imagine for non-B visas, but does it effect an O-visa as well? Any info/tips/warnings???

 

So many thanks for your help.

Edited March 17, 2021 by simonphuket

[BenDeCosta]

What O-visa allows you to work? I'm on a non-immigrant O visa based on marriage to a Thai national and have been told in no uncertain terms both at the immigration office and during the home visit that I must not work on this visa.

Edited March 17, 2021 by BenDeCosta

[ubonjoe]

25 minutes ago, BenDeCosta said:

I'm on a non-immigrant O visa based on marriage to a Thai national and have been told in no uncertain terms both at the immigration office and during the home visit that I must not work on this visa.

You given misleading info. You can get a work permit and legally work with a non-o visa or extension of stay based upon marriage to a Thai.

[ubonjoe]

OP what type of extension of stay do you have?

[FritsSikkink]

If you worked for the amount of years that you did, you should be able to get redundancy pay. Go to the local Labour office for advise. That amount should cover the 400000 THB needed for a marriage extension. 

[simonphuket]

15 minutes ago, ubonjoe said:

OP what type of extension of stay do you have?

Sorry, the original visa was issued few years back and states "O". Then every year a yearly Extension of Stay. 

Are there different types, and if so, where to find this?

My employer always took care of any visa issues, so as said, I am totally uneducated in this area, even after these years.

[simonphuket]

14 minutes ago, FritsSikkink said:

If you worked for the amount of years that you did, you should be able to get redundancy pay. Go to the local Labour office for advise. That amount should cover the 400000 THB needed for a marriage extension. 

Goedenmiddag Frits :),

The redundancy pay (severance pay you mean?), not the Social Security benefits, is based upon the number of years you worked for that company. For this particular company I only worked 27 months, so it is not that high. Furthermore they basically refused to pay me, threatening me. The company is owned by a very very influential family "....." and believe me, you do not mess with them. They can have my visa revoked in a split second. Welcome to Thailand. I was lucky to get at least some severance pay after  polite discussions with them, but not that 400K.

[rumak]

Joe has already asked you one question.   The information in your post is not enough to give definitive answers.   For instance you do not even state your age or marital status.  

If Joe is so inclined I am sure he will try to assist............ but a few important details will  need to be added

Edited March 17, 2021 by rumak

[simonphuket]

10 minutes ago, rumak said:

Joe has already asked you one question.   The information in your post is not enough to give definitive answers.   For instance you do not even state your age or marital status.  

If Joe is so inclined I am sure he will try to assist............ but a few important details will  need to be added

Ahh., got it.

My Extension of Stay would be based on my marriage to my Thai wife. We have 1 kid. I am 55 yrs. Have been on a non-B visa for about 5-6 years, and a non immigrant O visa for the last 9-10 years.

Not sure what other info is relevant, as said, I am not educated in this field as all was always done by my employer. I will supply any other info that is needed of course, and appreciate all your help.

 

Edited March 17, 2021 by simonphuket

[rumak]

3 minutes ago, simonphuket said:

Ahh., got it.

My Extension of Stay would be based on my marriage to my Thai wife. We have 1 kid. I am 55 yrs. Have been on a non-B visa for about 5-6 years, and a non immigrant O visa for the last 9-10 years.

Not sure what other info is relevant, as said, I am not educated in this field as all was always done by my employer. I will supply any other info that is needed of course, and appreciate all your help.

 

Since you have had the O visa since BEFORE you were 50 years old than i assume your EXTENSION of STAY  each year was not based on "Retirement" .(was it based on marriage to a Thai ? ) 

If so you would have to apply again on that basis ( or change to retirement reason which is much easier IF you have 800 K baht to park in a Thai bank account) .

Marriage to a thai  ( or retirement)  where one chooses to use the monthly income method is possible but certainly you must EDUCATE yourself as to how that is done so that immig will accept it.         Other factors could also apply if you have an O-A type visa ...etc etc   

 

[DrJack54]

47 minutes ago, simonphuket said:

My Extension of Stay would be based on my marriage to my Thai wife.

You also state that you were not using money in bank method. However your income has not been every month as you have been out of work?

Forget about the job side of things just for moment. I suggest you aim to use money in bank for your next extension. It's only needed to be in bank account for 2 months prior to application and the under consideration period then can be used/withdrawn. Not sure how immigration will view the fact that you did not maintain the monthly income and for next extension change to 400k in bank.

One of the experts will advise.

[ubonjoe]

14 minutes ago, DrJack54 said:

Not sure how immigration will view the fact that you did not maintain the monthly income and for next extension change to 400k in bank.

The income is not relevant since his extension is based upon marriage not working. The income only has to be proved for a new extension if the income option is used.

[DrJack54]

9 minutes ago, ubonjoe said:

The income is not relevant since his extension is based upon marriage not working. The income only has to be proved for a new extension if the income option is used.

Thanks ubonjoe, however still don't understand. I was under impression that with income method be it retirement or marriage that when you apply for your next extension your previous year is scrutinized. The OP was using income method for his extension.

Meaning that monthly income needs to be maintained. The OP mentioned no deposits for some months. How can he obtain his next extension having not maintained the requirements.

Edited March 17, 2021 by DrJack54

[Tanoshi]

10 minutes ago, DrJack54 said:

The OP mentioned no deposits for some months. How can he obtain his next extension having not maintained the requirements.

The OP has been paid his salary in Jan - Feb of this year.

He asked could he miss some months and still qualify, not that he hasn't had any deposits up until the current date.

[ubonjoe]

19 minutes ago, DrJack54 said:

Thanks ubonjoe, however still don't understand. I was under impression that with income method be it retirement or marriage that when you apply for your next extension your previous year is scrutinized. The OP was using income method for his extension.

That is only required if using income from abroad proven by transfers.

Not the same when working and using proof of taxments to prove the income. 

[DrJack54]

10 minutes ago, Tanoshi said:

He asked could he miss some months and still qualify,

And the answer to that would be .....?

I would have thought ....No.

The "average income" has been discussed many times and I was under impression it needs to be every month. Of course threads (even current) where sometimes the funds are transferred 2 in one month as they scheduled at start or end of month.

Edit. Posted same time as Ubonjoe who has pointed out my confusion

Edited March 17, 2021 by DrJack54

[simonphuket]

1 hour ago, rumak said:

Since you have had the O visa since BEFORE you were 50 years old than i assume your EXTENSION of STAY  each year was not based on "Retirement" .(was it based on marriage to a Thai ? ) 

If so you would have to apply again on that basis ( or change to retirement reason which is much easier IF you have 800 K baht to park in a Thai bank account) .

Marriage to a thai  ( or retirement)  where one chooses to use the monthly income method is possible but certainly you must EDUCATE yourself as to how that is done so that immig will accept it.         Other factors could also apply if you have an O-A type visa ...etc etc   

 

My Extension of Stay is not based on Retirement, I am working here, not for retirement. 

Initially I had a non-B visa, as this is what most people do when they come here to work. Then when I got married to a Thai, I decided to change my visa to an O-visa. The advantage being that if you have a non-B and lose your job, you immediately lose your right to stay in Thailand. With an O-visa not so much.  This is what I was explained at the time.

Naturally I could go to Immigration, though I doubt if the Thai staff is there for "consultancy" and the foreign staff at Immigration in Phuket seem to hate their job and are not known for their service mind either. Hence I was hoping there would be some knowledgeable forum members here ????

As you answered (thank you) already the required amount of money in the bank account (being 800K), the 2 open questions are:

- If I would be able to arrange 65K to be transferred from EU to my account here, is it permitted that I have had a few months in 2021 without pay, or should it really have been a salary EVERY single month? Note I had a salary in January and February from my employer.

- Legally I am entitled to Social Security Benefit. My HR Department informed me for a max for 200 days at a max of 70% of 15K. So it would be a nice little extra. However.... I do read that should you apply for this, it may effect your visa status, and no longer allow you to stay in the country. I could imagine for non-B visas, but does it effect an O-visa as well? Any info/tips/warnings???

 - What if I start a company, my wife owning 51% and me the remaining, then this would grant me a work permit. The company pays me some form of salary. I know a lot of the diving instructors in Phuket seem to do this way.  I also know that these diving instructors do make a lot less than 65K, mostly around 35-40K monthly. They all have a non-B visa, I could switch mine as well to this type. Would this be a way?

Edited March 17, 2021 by simonphuket

[Tanoshi]

1 hour ago, simonphuket said:

My Extension of Stay would be based on my marriage to my Thai wife. We have 1 kid. I am 55 yrs. Have been on a non-B visa for about 5-6 years, and a non immigrant O visa for the last 9-10 years.

Your Non O expired 5-6 years ago. That gave you permission of stay for 90 days, then each year since you have been extending that permission of stay for 1 year at a time. You cannot extend a Visa.

I take it your a Dutch national and you currently have permission of stay until October 2021.

The financial requirements for a 1 year extension of stay based on marriage are either;                            1). 12 x 40K THB monthly overseas  transfer into a Thai bank account in your sole name.                             2) 400K deposited in a Thai bank in your sole name for 2 months prior to submitting your extension application. Once the application is approved you can withdraw the full amount and spend.             3). As a Dutch national you can also obtain an Income letter from your Embassy. I stand to be corrected but I believe the Dutch can submit an affidavit for the income letter without any proof of finances.

[ubonjoe]

3 minutes ago, simonphuket said:

If I would be able to arrange 65K to be transferred from EU to my account here, is it permitted that I have had a few months in 2021 without pay, or should it really have been a salary EVERY single month? Note I had a salary in January and February from my employer.

For an extension of stay based upon marriage the required income is 40k baht. The 65k baht is for a retirement extension,

6 minutes ago, simonphuket said:

However.... I do read that should you apply for this, it may effect your visa status, and no longer allow you to stay in the country. I could imagine for non-B visas, but does it effect an O-visa as well?

If you are on an extension based upon marriage it would not affect you being able to stay in the country.

[simonphuket]

5 minutes ago, Tanoshi said:

Your Non O expired 5-6 years ago. That gave you permission of stay for 90 days, then each year since you have been extending that permission of stay for 1 year at a time. You cannot extend a Visa.

I take it your a Dutch national and you currently have permission of stay until October 2021.

The financial requirements for a 1 year extension of stay based on marriage are either;                            1). 12 x 40K THB monthly overseas  transfer into a Thai bank account in your sole name.                             2) 400K deposited in a Thai bank in your sole name for 2 months prior to submitting your extension application. Once the application is approved you can withdraw the full amount and spend.             3). As a Dutch national you can also obtain an Income letter from your Embassy. I stand to be corrected but I believe the Dutch can submit an affidavit for the income letter without any proof of finances.

Thank you, great detailed reply.

Actually everybody thank you, you are all very helpful.

Regarding the "financial requirements for a 1 year extension": I have never done any of these 3. My monthly transfers were by a Thai company, not overseas, so that would be option 4?

Having 400K seem to be the most viable option, glad it is not 800K ????

[simonphuket]

4 minutes ago, ubonjoe said:

For an extension of stay based upon marriage the required income is 40k baht. The 65k baht is for a retirement extension,

If you are on an extension based upon marriage it would not affect you being able to stay in the country.

Thank you very much Ubonjoe.

I may be able to transfer every month 40K from my Dutch bank account to my own Thai bank account here, so that would keep me out of trouble? 

I had a salary in January and February, so I can quickly arrange March now. 

Actually, in March I cashed a big check  from my employer with severance pay. You think that would cover March payment?

[ubonjoe]

3 minutes ago, simonphuket said:

Actually, in March I cashed a big check  from my employer with severance pay. You think that would cover March payment?

Yes it could be used.

Since you are not longer working you do not need to prove your income for the remainder of your extension.

You will will just need to have 400k baht in the bank for 2 months or proof of at least 40k baht income proven by getting a affidavit from the Dutch embassy in Bangkok.

[lemonjelly]

When the time comes to extend your visa, I’d recommend doing it a few days early to give you time to arrange any documents if they’re missing.  I had to run around organizing a signed letter from my bank as the bank book wasn’t enough proof, plus an updated Kor Ror 2 as the previous was 2 months old.

[simonphuket]

11 minutes ago, ubonjoe said:

You will will just need to have 400k baht in the bank for 2 months or proof of at least 40k baht income proven by getting a affidavit from the Dutch embassy in Bangkok.

How can the Dutch embassy give me a affidavit of 40K income if I worked for a Thai company, paying me in a Thai bank account? Should it not be a statement from the Thai bank, or some letter from my former employer? Unless of course you mean for the months following my job termination?

[ubonjoe]

23 minutes ago, simonphuket said:

How can the Dutch embassy give me a affidavit of 40K income if I worked for a Thai company, paying me in a Thai bank account?

That is not needed until you apply for your next extension if you are not working. It is not needed now.

You do not need to prove your income from working now.