Work Permit Needed For "o" Visa?

[DanishPosh]

Ok this is weird.

Why does it say like this in the requirements for a Non-Immigrant "O" Visa:

8. If an alien is the supporter, he must submit financial evidence, proof of employment, work permit and tax receipts.

Why do I need a work permit? If I need a work permit, then what's the difference between a "O" and "B" Visa?

Please sort this out for me.

Age: 29

Country: Denmark

I am most keen on getting the "O" Visa.

Cheers

Ken

[monkeygirl]

I have an "O" visa and it is for retirement or visiting relatives, etc. You must have a work permit if you want to work and I think you cannot apply for one with this type of visa.

Even if you have a "B" visa, you must still apply for a work permit separately.

[DanishPosh]

Yes I understand that I need a work permit in order to work.

But the point is why will I need a work permit to get a Non-Immigrant "O" Visa. That doesnt make sense.

My plan is to get a "O" visa in order to move there and get settled. THEN find a job and get a work permit etc.

I thought all that's required is for me to be married to a thai and have 400.000 b in the bank. But now I read this. (work permit, proof of employment).

Have I totally missed something?

Cheers

Ken

[phormio]

My plan is to get a "O" visa in order to move there and get settled. THEN find a job and get a work permit etc.

I thought all that's required is for me to be married to a thai and have 400.000 b in the bank. But now I read this. (work permit, proof of employment).

You can use the search function to search through posts on this forum and others that will go into much more detail on the requirements. But the process is something like this>

1. Get a Non-Imm O Visa from the Thai embassy in Denmark(or wherever you are) under the Support of Thai Spouse/Child provision.

2. Go To Thailand with your Thai wife and within three months either:

A. Transfer in 400,000 baht to a Thai Bank account from another country

specifying that the purpose is for Support of a Thai Spouse/Child.

B. Get a legal job with a work permit making 40,000 baht per month minimum.

C. A combo of A & B (if the job pays less than the 40K min, transfer in enough

from outside to make up the difference).

3. A week or two before your O Visa expires (it will last for 90 days unless you

extend it):

Go to immigration with proof of financial support as in 2A,B,C above and your

Thai Spouse. Apply for a one year extension of your visa. They will extend to

one year from YOUR ORIGINAL ENTRY DATE.

4. It has been suggested in this forum and elsewhere that you draw down the

funds from your bank accounts so that you will be able to show immigration

that you are actually using the funds for supporting your family (this mostly

applies to the next years' extension when you go through the process again).

Good Luck!

Don't forget to check out the other posts on this topic using the Search Function.

[Indo-Siam]

The point is: to obtain a long-term entry permit extension starting with a Class O visa, you must demonstrate that you are supporting a Thai spouse.

By Immigration rules, there are exactly two elements accepted to demonstrate support of a Thai wife:

1) Submit bank documentation showing that you have brought 400,000 baht into Thailand each year - and it MUST remitted from overseas.

2) Submit dsocumentation showing that you have legal employment - with work permnit - inside Thailand.

If you show lots of cash - more than enough to support a Thai spouse - but it does NOT come from one of the above two sources - then Immigration defaults to the assumption that money MUST originate from illegal employment, or other illegal revenue activity that you are pursuing within Thailand.

If you pursue approach 1) above, you do NOT need a work permit.

To correct a faulty earlier post - you ABSOLUTELY can obtain a work pernit from a Class O visa (other than for retirement) - this is completely routineat Work Permit office - their only requirement is for a non-immigrant visa - they make no distinction between Class "O" and Class "B".

Good luck!

Steve Sykes

Managing Director

Indo-Siam Group

Bangkok

[email protected]

www.thaistartup.com

[lopburi3]

Yes I understand that I need a work permit in order to work.

But the point is why will I need a work permit to get a Non-Immigrant "O" Visa. That doesnt make sense.

My plan is to get a "O" visa in order to move there and get settled. THEN find a job and get a work permit etc.

I thought all that's required is for me to be married to a thai and have 400.000 b in the bank. But now I read this. (work permit, proof of employment).

Have I totally missed something?

Cheers

Ken

You do not need a work permit to obtain a non immigrant O visa. Any Consulate or Embassy/Consulate can issue you one on the basis of your marriage certificate with a Thai national and a copy of her ID card. You 'may' be able to obtain a multi entry type which would allow you to stay for 90 day periods for up to 15 months.

If you intend to extend your stay in country beyond 90 days then the other requirements come into play. As you are not of retirement age you will be expected to obtain employment/work permit as the basis of the extension is that you "support" the Thai party. If you have employment outside Thailand and can prove (in the form of money coming in on a regular basis) this outside source believe the work permit would not be required (but this does not seem to fit you). So what you can do, if you have abilities (such as degree/special work abilities) is to request extension of stay on those rather than work permit for first year. It may be approved but you will have to have a work permit for another extension.

The 400k requirement is for those over 50 years of age. Below that you are expected to be employed.

((above sentence should be read as 400k alone - it or income will be required at any age but under 50 it is not an 'only' requirement))

Edited September 7, 2004 by lopburi3

[monkeygirl]

good luck

Edited September 7, 2004 by monkeygirl

[meadish_sweetball]

lopburi3, you mention a requirement that Indo-Siam does not list: the need for employment for people under 50 years of age, despite having 400 000 brought in every year.

Could you clarify this please?

Cheers,

Meadish

[lopburi3]

lopburi3, you mention a requirement that Indo-Siam does not list: the need for employment for people under 50 years of age, despite having 400 000 brought in every year.

Could you clarify this please?

Cheers,

Meadish

Page 2 of PDF document at LINK

Believe 400k being brought into Thailand each year will satisfy "employment" if you do not work here in Thailand. But a one time 400k probably would not the next year.

[theviking]

The 400k requirement is for those over 50 years of age. Below that you are expected to be employed.

NOT COORECT!

Over 50, and apply for "retirement visa" you must transfer atleast 800K.

Over 50, and apply for non "O" to support wife is the same criteria as under 50.

Every year has to be transferred so you're acc. exceed 400K when you apply.

[lopburi3]

The 400k requirement is for those over 50 years of age. Below that you are expected to be employed.

NOT COORECT!

Over 50, and apply for "retirement visa" you must transfer atleast 800K.

Over 50, and apply for non "O" to support wife is the same criteria as under 50.

Every year has to be transferred so you're acc. exceed 400K when you apply.

You did not provide the full quote but in any case please read the LINK I provided in later post.

[Peabo]

DanishPosh:

It says; 8. If you have an alien supporter he needs, etc........

[DanishPosh]

Thanx to phormio, Indo-Siam and lopburi3 for the thorough answers. It clears everything up.

It means I can stick with my plan which is to

1. Get married here.

2. Apply for a Non-Immigrant "O" visa at the thai embassy here.

3. Transfer 400.000 b and move to LOS.

4. Extent the 90 days visa to 1 year.

5. Get a job and a work permit within that year.

Then I guess I can choose to stick with the "O" visa for two more years or change to a "B", whichever is more favorable at the time, before applying for a permanent residency

Thanks again

Ken

[royar2002]

Thanx to phormio, Indo-Siam and lopburi3 for the thorough answers. It clears everything up.

It means I can stick with my plan which is to

1. Get married here.

2. Apply for a Non-Immigrant "O" visa at the thai embassy here.

3. Transfer 400.000 b and move to LOS.

4. Extent the 90 days visa to 1 year.

5. Get a job and a work permit within that year.

Then I guess I can choose to stick with the "O" visa for two more years or change to a "B", whichever is more favorable at the time, before applying for a permanent residency

Thanks again

Ken

Correct, but your permanent recidency is far away!

[DanishPosh]

Correct, but your permanent recidency is far away!

Well, I'm concentrating on the visa for now.

The recidency is a few more years ahead, I know. We'll get back to that later

Ken

[Ricci]

1) Submit bank documentation showing that you have brought 400,000 baht into Thailand each year - and it MUST remitted from overseas.

If you show lots of cash - more than enough to support a Thai spouse - but it does NOT come from one of the above two sources - then Immigration defaults to the assumption that money MUST originate from illegal employment, or other illegal revenue activity that you are pursuing within Thailand.

When i bring 400,000 baht and "use" it month for month.....

The next year i need a "new" 400,000 from overseas, right?

Does it matter from "where" in overseas it comes?

I mean, when i take the 400,000 in Thailand.......go to Malaysia, open an account there and transfer the money back to my thai-account.......

Possible?

[Indo-Siam]

Two comments:

1) If you start off with an entry permit obtained using a Class O visa, and get that visa extended initially for one year using 400,000 baht remitted in from overseas, you can then obtain a work permit with validity that matches the extended entry permit. As long as your employment pays you at least 40,000 baht per month (and you are paying personal income tax on that amount), then when it comes time for annual renewal of your entry permit, you can do that based on supporting a Thai spouse through your employment. There is no "conversion" of a Class O to a Class B status. It is simply renewing an extension of a Class O visa on the basis of supporting a Thai spouse. If your spouse cannot - for whatever reason - accompany you to Immigration to apply for ann annual renewal, then that Class O entry permit can also be extended on the basis of employment - but only if your employer qualifies to sponsor such an entry permit extension (2 million baht paid in capital, 4 Thai employees, paying you qualifying salary based on your nationality). But - even if you do this - you STILL have a Class O entry permit - extended on the basis of qualifying employment. (This last situation is my own personal status - for almost three years now).

Note the fine distinction: A Class O visa can be extended under either of two basis:

1) One the basis of employment for a QUALIFYING employer

2) On the basis of supporting a Thai spouse - including lawful employment earning at least 40,000 baht from ANY employer.

This distinction is the reason that it is so much easier for a foreigner married to a Thai to set up a "bootstrap" company here - no need for 2,000,000 baht paid in capital or for Thai employees - just the ability to pay a salsry of at least 40,000 baht.

2) Concerning "churning" the same 400,000 baht year after year, by transferring it back and forth between a Thai account and a foreign account. Yes, this is possible. But this approach is only needed if you are in fact planning to work illegally in Thailand. Taking into account banking wire transfer charges, risk of being robbed, risk of having excess cash seized at a border, risk of being caught working illegally - this is a pretty dumb way to proceed. The whole point is: If you are not generating at least 400,000 baht disposable cash per year from some source OTHER than illegal employment in Thailand - they don't want you here. Immigration is NOT staffed with mindless idiots (although it sometimes seems that way) - I would hazard a guess that they have a pretty good ability to detect situations that do not "smell" right - because they are constantly seeing records of people who are doing things correctly - and your "profile" will probably stick out. Or - maybe not - at least for first couple of years.

Cheers!

Steve Sykes

Managing Director

Indo-SiamGroup

Bnagkok

[email protected]

www.thaistartup.com

[phormio]

Two comments:

Note the fine distinction:  A Class O visa can be extended under either of two basis:

1)  One the basis of employment for a QUALIFYING employer

2)  On the basis of supporting a Thai spouse - including lawful employment earning at least 40,000 baht from ANY employer.

This distinction is the reason that it is so much easier for a foreigner married to a  Thai to set up a "bootstrap" company here - no need for 2,000,000 baht paid in capital or for Thai employees - just the ability to pay a salsry of at least 40,000 baht.

What's a bootstrap company (just has a Director with no employees and no registered capital?)

...

Don't forget also, that lopburi3 stated(see quote below) that if you have a degree/special skills , for the first extension out to a year, you can make your request on this basis. I fall into this category but wanted to know if they refused the extension if I would have the chance to re-apply for the extension on the Thai Spouse support basis after wiring in the 400K baht;

...

If you intend to extend your stay in country beyond 90 days then the other requirements come into play.  As you are not of retirement age you will be expected to obtain employment/work permit as the basis of the extension is that you "support" the Thai party.  If you have employment outside Thailand and can prove (in the form of money coming in on a regular basis) this outside source believe the work permit would not be required (but this does not seem to fit you).  So what you can do, if you have abilities (such as degree/special work abilities) is to request extension of stay on those rather than work permit for first year.  It may be approved but you will have to have a work permit for another extension.