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Posted

Last year I received a 1 year visa, I am married and have a work permit.

As I understood to get the one year visa, you need to be married, have a work permit and a combined income of 40k. We went for this option because it was much easier than the non-B one year visa.

I run a company with my wife, and am now being told that I need to increase my salary to meet salary requirements for Australians.

Originally I came in on a non-B visa, but the one year stamp in my passport says THAI WIFE.

So I'm really confused. Do I need to increase my salary? I would prefer to stay on the one year Thai wife visa, as it's easier.

Posted

I believe you are saying you obtain a one year extension of stay last year rather than a visa (obtained from Immigrantion?). For that the requirement you used says 40k family income. There is no requirement for you to even have a work permit/be working - much less that your earn any additional income as required for an employment extension of stay. If you heard this from Immigration suspect the officer was mistaken and you might quietly question why.

Posted
Last year I received a 1 year visa, I am married and have a work permit.

As I understood to get the one year visa, you need to be married, have a work permit and a combined income of 40k. We went for this option because it was much easier than the non-B one year visa.

I run a company with my wife, and am now being told that I need to increase my salary to meet salary requirements for Australians.

Originally I came in on a non-B visa, but the one year stamp in my passport says THAI WIFE.

So I'm really confused. Do I need to increase my salary? I would prefer to stay on the one year Thai wife visa, as it's easier.

As lopburi has mentioned if Immigration has told you this they are mistaken.

An English friend of mine who has been doing business here for the last two years and is married to a Thai national has been paying tax on 50,000 to meet salary requirements on the advice of his accountant, I told him he needed to pay the tax on 40,000 and after consulting his accountant she agreed I was right and that he had been paying to much.

The requirement is 40,000 fact

Posted
I believe you are saying you obtain a one year extension of stay last year rather than a visa (obtained from Immigration?).

This is correct, originally I had applied for a one year extension using only the business. This was around Sept last year and they started making extensions of this kind quite difficult. Around the same time I read that with a work permit, registered marriage and combined income of 40K I could get a one year extension.

I realize I may be able to get the one year extension without using the work permit, however this would probably also involve having large amounts in the bank, something I can't do because all the cash goes back to the business.

Posted

Actually I was told by the company handling my work permit renewal. As I'm Australia and there is a minumum salary for me, this is the reason being given for the pay rise. Am I exempt from this minimum salary?

Posted

There is a minimum salary, it depends on which category you apply for a visa extension under.

Actually I was told by the company handling my work permit renewal. As I'm Australia and there is a minumum salary for me, this is the reason being given for the pay rise. Am I exempt from this minimum salary?

Here is a link to Immigration's English translation of the current regulations and requirements for visa extension. Thai Police Order 606/2549 – Immigration's English translation

If you apply for an extension based on business (Case 7.1) then, as an Australian, you require a minimum salary of 50,000 per month (See attached table at the end of 606/2549).

However, if you apply for an extension based on being married to a Thai citizen (Case 7.17) then there is a requirement for a joint Salary of 40,000 per month - this is independent of your nationality.

Also, if you are applying on the basis of being married and you have earned some or all of the 40,000; Immigration will want to see your Work Permit, tax returns, audited accounts or salary slips, etc for Thai income.

Beware that some immigration departments want to see evidence of Income at the correct income rate for the whole of the previous tax year (eg 480,000 for married and 600,000 for business).

Posted

"Actually I was told by the company handling my work permit renewal"

He is talking about an extension of stay for employment - not for family. The family requirement is 40k. As long as labor department will issue you a work permit on the 40k income I believe you should be fine for extensions of stay for family.

Posted
"Actually I was told by the company handling my work permit renewal"

He is talking about an extension of stay for employment - not for family. The family requirement is 40k. As long as labor department will issue you a work permit on the 40k income I believe you should be fine for extensions of stay for family.

That's correct, it's the family (Thai wife) category.

Posted

There is NO MINIMUM INCOME requirement for a work permit if you are married to a Thai. I have a work permit and I pay myself a salary of 30,000 Baht per month. The minimum income requirement is purely in order to get a VISA EXTENSION if you require an extension on the basis of employment in Thailand. The requirement in terms of Thai employees is also halved in the case of a foreigner married to a Thai.

There is a 40,000 Baht per month JOINT (husband and wife) income requirement (assuming you are not grandfathered in with the 400,000 Baht in the bank as it used to be) in order to get your visa extension on the basis of being married to a Thai. So you can get your visa extension based on being married to a Thai and then get a work permit regardless of your salary.

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