Facts On Extension To Non Immigrant O

[Paul123456]

Hi. Sorry in advance as I am sure the information I want is "easily" available somewhere from this website - but I am buggered if i can find it.

I am Australian and 36.

I have a Non Immigrant O based on being married to a Thai citizen.

It will run out soon and I'd like to consider getting another one or getting an extension - particularly as this may eventually lead to getting residence here.

What are the requirements for an extension to a Non Immigrant O visa?

If I can meet them:

Do you have any other useful tips regarding that, especially if it is going to be eventually used to apply for residence? ie. are there little hidden rules that I should be aware of now so as another year isn't wasted.

Thanks

Oh - if there is already an easy to find and read section or with this information - please point me in that direction and save yourself the writing it all out again.

[jayenram]

Check this thread first. It will give you an idea of what is available.

http://www.thaivisa.com/forum/index.php?showtopic=3139

[Paul123456]

Hi, thanks for that. I had found that page and it is useful for some background info but doesn't answer my questions. The links to the Thai government websites should be useful - i have gone into them and found the appropriate headings - but there seems no information behind those headings.

So my questions still remain.

[LivinginKata]

Hi, thanks for that. I had found that page and it is useful for some background info but doesn't answer my questions. The links to the Thai government websites should be useful - i have gone into them and found the appropriate headings - but there seems no information behind those headings.

So my questions still remain.

I started a useful topic n this very same theme. Worth a look... then post up here any further questions.

http://www.thaivisa.com/forum/index.php?showtopic=141267

[Paul123456]

OK - reading thru that thread now and here is the summary of what I have so far:

You need to have an income (maybe joint?) of 40 000 Baht per month and a letter from your Embassy to prove this (although how the embassy would know my income I have no idea).

The first link that was mentioned has a link entitled "National Police Order 606/2006" and supposedly that has up to date info in it but I am yet to look.

----------------------------------------------------------------------

OK - a bit further in now.

Joint income with wife seems fine.

Letter from Embassy seems only relevant if you are getting some sort of government pension.

Further questions:

How many months do I need to show the 40 000 Baht income?

What is considered as proof of this? ie. how do you show it?

If one month we have income of 60 000 Baht and another 20 000 Baht and so on, is that OK? or does it need to be a minimum of 40 000 Baht per month?

---------------------------------------------------------------

Still reading - more info and questions to come.

[LivinginKata]

First up... we are discussing a one year extension based on married to a Thai and currently holding an indate/valid non-imm o visa

Mixed reports about what documents for proof of Thai income. In our case November 2006 (Phuket) we both had to provide copies of tax receipts for the past 3 months, previous year tax return, and as I derive my income for our own company, then company papers & last years audit, and my WP.

As you have no Thai income, then it's best to present originals & copies of all the paperwork your wife has for the current tax year and previous tax year. Bank books, etc. Can't comment on variable month income.

[Crossy]

The embassy letter is required for any form of offshore income (foreign salary for example), they will want to see some form of proof of this income before issuing the letter.

To demonstrate a local income immigration want to see proof of tax paid on 40k for (some are reporting) three months (your office's requirements may vary).

About the averaging, who knows, each office (or even officer) has their own interpretation of the rules

[Paul123456]

Here is a list of what LivinginKata supplied last time to get his extension:

My passport (every page, and it's a jumbo)

Wife ID papers

House papers

My WP (every page of blue book)

Our joint tax returns & paid receipts for the previous year

Compay registation docs

Company audit for previous year

Bank books (joint & individual, all pages)

Marriage certificate

Hmmm, if I don't have Work Permit (WP) then I suspect that is OK. My wife and I have opened a company but it hasn't been running long enough for me to apply for a WP yet - need to show proof of income to do that also.

This is starting to make me think I should just get another Non Immigrant O for next year, as perhaps we are not ready yet for the extension - but maybe???? Anyway - so far it does seem possible.

OH - maybe not possible - just looking at that police order - they say In the case of

business such as

employment with a

company or partnership:

(3) The business concerned must

have a registered capital of not

less than Baht 2 million, fully

paid-up; and

Does that relate to me?????

An answer to my own question on evidence - it seems tax receipts are the things wanted. Usually 3 months worth but they may want to see a year's worth.

"If the income is earned in Thailand either by the Thai spouse or the foreigner or both combined, the tax papers required are:

Last three months of form ภ.ง.ด. 1 with receipts (have to be provided to you by the company you are working for) AND the latest personal income tax filing ภ.ง.ด. 90 or 91 with receipt."

[Paul123456]

Another question I have - your companies - are they paying tax every month?

My wife is just planning on paying tax at the end of the year / ie. once a year. Anything seem wrong there?

Arggghhhhh!!!!! I hate paperwork and rules and bureaucracy. My head is full already.

[Paul123456]

Actually I think this is the relevant extract from that police ..... link:

http://www.immigration.go.th/nov2004/2notice/rtp606EN.pdf

7.17 In the case of a family

member of a Thai

(applicable only to

parents, spouse, child,

adopted child or child

of his/her spouse):

Permission will be

granted for a period of

not more than 1 year

at a time.

Go to the link as it is all laid out in a table

[Paul123456]

OK. Thanks for any more answers and advice.

Particularly thanks to LivinginKata - I got through to page 6 of that thread of yours and am now feeling much better informed.

I think my next step is to figure out exactly what is happening with our business and income. I had previously been just trying to make 30 000 Baht a month as I thought that was what was required to apply for a get the WP.

So it seems this year will be written off regarding getting an extension. I will just go and get another Non Immigrant O and try again next year.

I am going to stop working on this for a while and do some other things. But thanks again.

It is quite frustrating trying to work thru all this - but then again if I was a poor person trying to get into Australia I would be locked in a detention centre. So I suppose in comparison we have it pretty good.

[lopburi3]

If you are doing this with PR as the goal you should be looking for Thai employment that will pay you about 80k per month. There is a link to a long thread on PR available from the pinned items at top of forum (also links to 606/2006 and many other items).

[Paul123456]

80 000 Baht a month!!!!!

I didn't even earn that in Australia.

Ha ha - most Thais are lucky to get 8000 Baht.

What is the significance of 80 000 Baht a month and the permanent residence? (without looking into the threads at the moment - and only if it is easy for you to answer, as I could look at those threads some time in the future).

[lopburi3]

Earned/taxed salary is high on the expectations for PR approvals.

[Paul123456]

Is it necessary?

If you are earning a lot less but working for a Thai NGO, have a wife, children, ....

Any good? Or is money the main point of interest?

[lopburi3]

There are many variables so can only advise you to read the thread on PR and make up your own mind.

[LivinginKata]

Another question I have - your companies - are they paying tax every month?

My wife is just planning on paying tax at the end of the year / ie. once a year. Anything seem wrong there?

Arggghhhhh!!!!! I hate paperwork and rules and bureaucracy. My head is full already.

If that question is addressed to me....

Companies don't pay company tax every month, just have a half year assessment (and pay half year tax on assessement), and then end of year tax.

Company do pay taxes each month such as Withholding Taxes, and VAT. As our company employs a foreigner (me) then our company withholds my tax liabilty from me and pays that to the tax office each month. When we wife & I make our annual joint personal tax return, then that tax withheld is credited back to me to pay my annula tax. Foreigners only file once a year (end of tax year) and Thais (my wife) pays her personal tax twice a year (half year and end year). I should make it clear my wife has only private income, not through our company so she pays no monthly withhold tax.

For me, it is very cost effective to get the one year extension (costs 1,900 baht) compared with travel costs each year out of the country to a Thai embassy, and subsequent border crossing every 90 days during that year.

Anyhow, that's what I think... clear as mud, eh.

Oh... just reading back through your multiple posts, I'll pick up on the 30,000 baht/month for the WP. Yes, you can get a WP based on income of 30,000 baht. I've heard many reports that a much higher amount per month required, but the 30,000 baht/month is what I get paid and in my case to obtain a WP renewal I only have to show 1,500 baht tax paid the previous month (actually the company withholding tax receipt), = the monthly tax (about) on a 30,000 baht/month salary. You can obtain a one year extension based on a WP, BUT only with a salary of 65,000 baht/month, and for me that is NOT tax efficient.

Edited September 18, 2007 by LivinginKata

[Paul123456]

I want to say thanks again for those answers. I still have more homework and more to learn, but at least I have progressed my knowledge on that subject for today (more than I can say for my Thai language learning skills today).

I do agree that the savings in 1 year extension are also well worth it.

Hmmm, tax and reporting and this and that - ahhh!!!!! Never mind - I shall try.

[LivinLOS]

For me, it is very cost effective to get the one year extension (costs 1,900 baht) compared with travel costs each year out of the country to a Thai embassy, and subsequent border crossing every 90 days during that year.

Oh... just reading back through your multiple posts, I'll pick up on the 30,000 baht/month for the WP. Yes, you can get a WP based on income of 30,000 baht. I've heard many reports that a much higher amount per month required, but the 30,000 baht/month is what I get paid and in my case to obtain a WP renewal I only have to show 1,500 baht tax paid the previous month (actually the company withholding tax receipt), = the monthly tax (about) on a 30,000 baht/month salary. You can obtain a one year extension based on a WP, BUT only with a salary of 65,000 baht/month, and for me that is NOT tax efficient.

Confused ??

So do you get a 1 year extension with only 30k per month income then ?? I thought in country extensions needed the 65k ??

[LivinginKata]

[

Confused ??

So do you get a 1 year extension with only 30k per month income then ?? I thought in country extensions needed the 65k ??

The 30K discussion was about WP, and not about extensions, thought that was clear enough.

It's been made very clear that for a foreigner married to a Thai, then a 40k/month income is required. In MY case I make 30K and my wife has private income of more than 10K, so we easily qualify for the JOINT 40K.

Clear enough now ....

And the 65K requirement is for foreigner without a Thai wife AND has a WP who wants a one year extension. I was just pointing out that the more tax efficient way, given that you have a Thai wife, is the 40K joint income route.