Working on a Non O - Marriage based - Single Entry

[MangoKorat]

I am aware that it is possible for someone who is married to a Thai national and either on a 12 month extension of stay or a Multi Entry Non O to obtain a work permit.  Many Thai visas state 'Employment Prohibited' but a 12 month, marriage based Multi Entry does not.  Does a 90 day, marriage based, single entry Non O state 'Employment Prohibited' or not? Does anyone have such a visa and can advise? Note: you will not find it says you can work - if you can, it will simply not have the 'Employment Prohibited' proviso on it.

[MajorTom]

14 minutes ago, MangoKorat said:

I am aware that it is possible for someone who is married to a Thai national and either on a 12 month extension of stay or a Multi Entry Non O to obtain a work permit.  Many Thai visas state 'Employment Prohibited' but a 12 month, marriage based Multi Entry does not.  Does a 90 day, marriage based, single entry Non O state 'Employment Prohibited' or not? Does anyone have such a visa and can advise? Note: you will not find it says you can work - if you can, it will simply not have the 'Employment Prohibited' proviso on it.

I am currently on a single entry Non-O marriage visa. It does not state "Employment Prohibited"

Strangely, the multiple 12 month Non-O I had before that DID state employment prohibited..

[MangoKorat]

1 minute ago, MajorTom said:

I am currently on a single entry Non-O marriage visa. It does not state "Employment Prohibited"

Strangely, the multiple 12 month Non-O I had before that DID state employment prohibited..

Thanks for that. Very strange that your previous multi should state no employment, I've had several and none have stated 'Employment Prohibited'.

[MajorTom]

2 minutes ago, MangoKorat said:

Thanks for that. Very strange that your previous multi should state no employment, I've had several and none have stated 'Employment Prohibited'.

Yeah, its strange. I mentioned this on here a while ago, nobody could come up with any other reason than embassy error.

I actually had 2 consecutive 12 month Non-Os in 2022 and 2023 based on marriage. Both stated employment prohibited. The single-entry one I got recently does not.

[MangoKorat]

My point behind this is that it anyone applying for a Non O based on marriage and wishing to use the income method to extend their stay has to provide evidence of either 400,000 in the bank or an income of 40,000 per month.

 

Those who's embassies will not certify income have to provide 12 months documentary evidence of that income - in a Thai bank account. Those who have just moved to Thailand may find that impossible and have to provide 400,000 in the bank whilst collecting evidence of 40,000 income per month for the next year's application.  Unless it can be shown that the 400,000 came from savings held before 31 December 2023, you could find that your assessable income in Thailand is 880,000 in that year.

 

That's how I understand it anyway.

 

An altertaive, may be, and this is why I wanted to know what it says on a single entry - to use single entries and extensions from a consulate/embassy like Savannakhet for the first year whilst gathering income evidence for the next.

 

No income required for a single entry at Savannakhet (yet).

[MangoKorat]

7 minutes ago, MajorTom said:

Yeah, its strange. I mentioned this on here a while ago, nobody could come up with any other reason than embassy error.

I actually had 2 consecutive 12 month Non-Os in 2022 and 2023 based on marriage. Both stated employment prohibited. The single-entry one I got recently does not.

I remember it now you say.

[Liquorice]

11 minutes ago, MangoKorat said:

An altertaive, may be, and this is why I wanted to know what it says on a single entry - to use single entries and extensions from a consulate/embassy like Savannakhet for the first year whilst gathering income evidence for the next.

Thai Embassies don't offer extensions of stay, only new visas.

[MangoKorat]

I first raised this topic in another thread and another member has stated that I'm wrong and there are allowances for not being able to provide evidence of income in your first year.  He provided a link that contained the rules but as far as I can see, they only apply to retirement.

 

I'd be happy to be wrong on this - I don't want to have to muck about getting several single entry visas but I've also seen others post that 40,000 income is not possible in the first year.

 

From the link:

 

 

Evidence of income of father,
mother or husband who is an
alien which shows that
throughout a year, an average
income is not less than 40,000
baht monthly.
1) A personal income tax form
together with the payment slip
2) Evidence showing pension
- a letter of certification on
deposit in the bank in
Thailand and bank statement
showing money transfer from
overseas every month for the
past 12 months. Except in a
case where the applicant's
retirement is less than 1 year,
the evidence must be from the
month of retirement. For
example, the retirement is
started in October2018, the applicant must show
pension payment evidence
from November 2018 and
pension payment evidence of
the whole 12 months is
required for the next year or;
3) Income certification
certified by the embassy or
consular

[MangoKorat]

4 minutes ago, Liquorice said:

Thai Embassies don't offer extensions of stay, only new visas.

Quite.  You misunderstand - maybe deliberately?  I am simply saying that the alternative for the first year may be to obtain single entry visas from Savannakhet or elswhere and extend them. Of course that extension, normally 60 days, would be at an immigration office not and embassy/consulate.

[MangoKorat]

@Liquorice

 

I may be missing something but I can't find the section in the links you posted on the other thread, that says evidence of 40,000 is not required for a whole year in the first year.  Could you post the section I'm not seeing please?

 

Just to be clear, I am talking about people who's embassy will not provide income certification.

[Liquorice]

3 minutes ago, MangoKorat said:

I first raised this topic in another thread and another member @Liquorice has stated that I'm wrong and there are allowances for not being able to provide evidence of income in your first year.  He provided a link that contained the rules but as far as I can see, they only apply to retirement.

I made no such statement that allowances were available using the 'income' method for extensions of stay based on Thai spouse. 
https://aseannow.com/topic/1328106-marriage-visa-from-visa-exempt/#comment-18944491

 

The Immigration order I posted amending documentary evidence of income refers to both section 2.18 (Thai spouse) and 2.22 (retirement).

Amend 138-2557 (2018 ) clause 2.18-2.22 for Thai bank income ENG.pdf
 

 

[Liquorice]

14 minutes ago, MangoKorat said:

@Liquorice

 

I may be missing something but I can't find the section in the links you posted on the other thread, that says evidence of 40,000 is not required for a whole year in the first year.  Could you post the section I'm not seeing please?

 

Just to be clear, I am talking about people who's embassy will not provide income certification.

I have never made a claim or statement that you can provide evidence of less than 12 months overseas transfers of 40K THB to a Thai bank for first or subsequent extensions 1 year extensions of stay based on Thai spouse/family.

 

Please post where I supposedly made this statement, apologise, or I'll report your post suggesting such as misinformation.

[Liquorice]

1 minute ago, MangoKorat said:

Then what did you mean by 'you would be incorrect' in the other thread?

My reply you've quoted was in reference to your post in the other thread.

 

Quote

Am I correct in saying that the first application for a 12 month extension based on marriage must be made using the money in the bank method? Then, for someone wishing to use the income method - collect evidence of that income over the next 12 months?

That is incorrect.

You can use evidence of 12 monthly overseas transfers of 40K for your first extension application based on Thai spouse.

 

Many plan ahead and transfer income for 12 months prior to retiring and moving to Thailand full-time to be with their Thai spouse.

The fact you haven't planned ahead, or can't transfer 40K per month prior to moving to Thailand, is on you, not Immigration.

[MangoKorat]

@LiquoriceReport away!

 

It is entirely possible that we are getting at cross purposes/misunderstanding each other.  So I'll try to be clear on what I think the issue may be:

 

(for those who's embassy will not certify income)

 

I believe that it is not possible to use the 40,000 baht per month income method to obtain an extension to a non O based on marriage unless you can provide 12 months proof of that income, remitted to a Thai bank account. Someone who has just moved to Thailand would most likely not be able to provide such evidence.

 

In that case, an applicant would have to provide evidence of having 400,000 in a Thai bank account at the time of application and leave it there for 2 months (I believe).

 

They could then collect evidence of income over the next 12 months and use the income method for their next extension.

 

Is that correct or not?

[MangoKorat]

1 minute ago, Liquorice said:

Many plan ahead and transfer income for 12 months prior to retiring and moving to Thailand full-time to be with their Thai spouse.

The fact you haven't planned ahead, or can't transfer 40K per month prior to moving to Thailand, is on you, not Immigration.

I am not talking about people who are retiring. I am talking about people who are moving to Thailand and intend on working/owning a business in which they work.  Hence the title of this thread.

 

I'd suggest that a hell of a lot of people would find it difficult to maintain a life in their home country, support their Thai wife and also put 40,000 in a Thai bank account every month. Have you any idea how much that is likley to involve?  Be realistic!

 

Forward planning......phfff!!!

[DrJack54]

Posts with ongoing reference to taxation will be removed.

There are taxation threads currently running for discussion on that topic

[MangoKorat]

19 minutes ago, Liquorice said:

The fact you haven't planned ahead, or can't transfer 40K per month prior to moving to Thailand, is on you, not Immigration.

I have not said anything about who its 'on'. I am suggesting that if I am correct, there may be a way around the matter.

 

Currently there is no requirement to have 400,000 in the bank for a single entry based on marriage at Savannakhet.  That visa gives 90 days and can be extended by 60 days. If there is no 'Employment Prohibited' proviso on their Visa, the holder can obtain a work permit and work. They could spend their first year that way and avoid having to put 400,000 in the bank whilst collecting evidence of income for an application 12 months hence.

[Liquorice]

36 minutes ago, MangoKorat said:

@LiquoriceReport away!

 

Duly reported.

[MangoKorat]

1 minute ago, Liquorice said:

 

Duly reported your misleading misinformation in the above sentence.

Entirely up to you.  I have shown you where you said I was wrong. I have also suggested that we may have misunderstood each other - yet your response is to report rather than reply.  I will not contribute to this forum any longer.

[Liquorice]

3 minutes ago, MangoKorat said:

Entirely up to you.  I have shown you where you said I was wrong. I have also suggested that we may have misunderstood each other - yet your response is to report rather than reply.  I will not contribute to this forum any longer.

I replied and gave you the opportunity to apologise for misquoting any statement I made.
I never stated anywhere there was an 'allowance' for providing evidence of 40K monthly overseas transfers for an extension based Thai spouse.

 

46 minutes ago, MangoKorat said:

@LiquoriceReport away!

What you post and what you mean are two entirely different entities, then.

[Liquorice]

42 minutes ago, MangoKorat said:

I am talking about people who are moving to Thailand and intend on working/owning a business in which they work. 

You intend opening a business in which you work, and employ at least 2 Thais, on what, 40K THB per month?  

[Maestro]

Regardless whether or not a visa states "Employment not permitted", the holder of the visa is not permitted to work in Thailand without a work permit.

[Liquorice]

27 minutes ago, MangoKorat said:

I have not said anything about who its 'on'. I am suggesting that if I am correct, there may be a way around the matter.

 

Currently there is no requirement to have 400,000 in the bank for a single entry based on marriage at Savannakhet.  That visa gives 90 days and can be extended by 60 days. If there is no 'Employment Prohibited' proviso on their Visa, the holder can obtain a work permit and work. They could spend their first year that way and avoid having to put 400,000 in the bank whilst collecting evidence of income for an application 12 months hence.

Instead of beating around the bush in various topics, wouldn't it have been easier to open a new thread, along the lines of;

 

I'm hoping to move to Thailand later this year to be with my Thai spouse.
I currently don't have 400K THB for either the Non Imm O multi entry visa from Savannahket, or applying for the 1-year extension of stay from Immigration.

Residing in the UK and unable to also start transferring 40K per month income in advance due to existing financial commitments.

What are my options to apply for a 1 year extension of stay based on income.

[Gecko]

I have a single entry Non-O marriage and I worked with that visa. Once I even went to Immigration as the employer thought I'd need to change to Non-B. So they took me to Immigration even I said no need- and Immigration confirmed: no need to change.

[MangoKorat]

10 minutes ago, Liquorice said:

I currently don't have 400K THB for either the Non Imm O multi entry visa from Savannahket, or applying for the 1-year extension of stay from Immigration.

I will make this final post.  You simply cannot help yourself can you? You try to appear to be making a sensible suggestion yet you also make an attempt at a jibe.

 

I have also not been beating around the bush in any topics - you are drawing conclusions that simply don't exist.

 

I guess I'd say that I'm moderately well off. I own several properties in both Thailand and the UK, I receive rent from some of them and I work full time in a decent job.  I would have no problem in raising 400,000 baht to comply with the requirements to apply for an extension of stay.  However, for a number of reasons, one being that I don't need such an extension, I have no intention of placing any more cash in a Thai bank account than I need to.

 

There are many people who are in relationships with Thai nationals and/or have children in Thailand who may not be as fortunate as I am and through no fault of their own. Believe it or not, many people are struggling with the cost of living at the moment and that comes just after an income sapping pandemic. Not everyone can use 'forward planning' as you previously suggested.  You're a pedant and a know it all - you clearly look down on anyone who might not be particularly well off and think they should not be considering a life abroad.

 

I am also single and unlikely to get married again.  I was posting on the subject initially to reply to someone asking questions in another thread and you know that.  I don't always post on matters that affect myself. If its something I've been involved in or that has affected friend's etc, I often post on that subject

 

Now you know a little of my personal circumstances, which bush have I been beating around then?

[DrJack54]

4 minutes ago, Gecko said:

So they took me to Immigration even I said no need- and Immigration confirmed: no need to change.

Out of interest what method financially do you use for annual extensions 

[DrJack54]

Thread going nowhere. 

Thread closed