Business Visa & Work Permit Changed To Marriage Visa

[venturalaw]

I secured a business visa and work permit. During the time that the business visa was being extended one month at a time, I married a Thai national, and converted the business visa to a marriage visa. I have never actually earned any money in Thailand. The income I earn is from my business overseas. My marriage visa was finally issued for one year - after 2 one month extensions during the background check. When I started looking into canceling the work permit because, although I have never earned any money in Thailand, I was told that my marriage visa would be canceled if I cancel the work permit.

Since I have not earned any income through being employed in Thailand, and been paying taxes as though income had been received, I believe that I should terminate the work permit, however, I do not want to jeopardize my marriage visa.

Is there a risk of losing my marriage visa by canceling my work permit?

[lopburi3]

It appears you are on a one year extension of stay for family from Immigration and that must have required proof of 40k family income when approved. It has nothing to do with a work permit and you do not lose or have to leave if employment ends. Next year when it is do to be renewed you will have to provide the same type proof of 40k per month family income however.

[venturalaw]

It appears you are on a one year extension of stay for family from Immigration and that must have required proof of 40k family income when approved. It has nothing to do with a work permit and you do not lose or have to leave if employment ends. Next year when it is do to be renewed you will have to provide the same type proof of 40k per month family income however.

Thank you. I have proof of deposits every month - and I will be able to provide same next year.

Again - Thank you.

[Lite Beer]

It appears you are on a one year extension of stay for family from Immigration and that must have required proof of 40k family income when approved. It has nothing to do with a work permit and you do not lose or have to leave if employment ends. Next year when it is do to be renewed you will have to provide the same type proof of 40k per month family income however.

Thank you. I have proof of deposits every month - and I will be able to provide same next year.

Again - Thank you.

You will need to get a letter from your Embassy as proof of income.

[venturalaw]

You will need to get a letter from your Embassy as proof of income.

The letter will be required when I seek to renew next year and not before, correct?

[lopburi3]

You say you have a marriage "visa" but believe you are talking about a one year extension of stay for family. What proof of 40k per month income did you require/provide to obtain that? If money is from outside Thailand it would normally be a letter from your Embassy.

[venturalaw]

You say you have a marriage "visa" but believe you are talking about a one year extension of stay for family. What proof of 40k per month income did you require/provide to obtain that? If money is from outside Thailand it would normally be a letter from your Embassy.

Only showed my Thai bank account. 100k baht + 40k per month deposits. That was required, so that is what I showed. Visa was issued for one year from the original date of request.

[Lite Beer]

You say you have a marriage "visa" but believe you are talking about a one year extension of stay for family. What proof of 40k per month income did you require/provide to obtain that? If money is from outside Thailand it would normally be a letter from your Embassy.

Only showed my Thai bank account. 100k baht + 40k per month deposits. That was required, so that is what I showed. Visa was issued for one year from the original date of request.

That was not normal . Be prepared to need the Embassy letter next time.

[venturalaw]

You say you have a marriage "visa" but believe you are talking about a one year extension of stay for family. What proof of 40k per month income did you require/provide to obtain that? If money is from outside Thailand it would normally be a letter from your Embassy.

Only showed my Thai bank account. 100k baht + 40k per month deposits. That was required, so that is what I showed. Visa was issued for one year from the original date of request.

That was not normal . Be prepared to need the Embassy letter next time.

I originally had a business visa - supported by a letter of engagement issued from a local law firm in Chiang Mai. However, I soon discovered that although I was not recieving income from the firm, I was required to pay taxes to Thailand for the non-existent income. So I asked the firm to change the visa to a marriage visa (I had since married). Now, I no longer require the work permit - all of my income has been, and will most likely continue to be, from the US.

Thanks for your help.

[lopburi3]

So did you present proof of these tax payments during the extension process? If local tax was being paid on a 40k amount in your or your wife's name that may be been the deciding factor; rather than the 40k deposits you believe were used.

[venturalaw]

So did you present proof of these tax payments during the extension process? If local tax was being paid on a 40k amount in your or your wife's name that may be been the deciding factor; rather than the 40k deposits you believe were used.

I would assume the law firm that secured the extensions (there were 2 prior to the final one extending the visa into next year) did show the tax payments to immigration. However, that same law firm is saying that if I cancel the work permit, immigration will cancel the final extension into 2009. The law firm providing assistance was my employer - I was to bring in clients and they were to provide an office and staff. For various reasons this has not materialized. Therefore, I have been paying taxes on a non-existent income. I am in effect paying taxes to Thailand with moneys received from my firm in the US (post-tax dollars), ergo being taxed twice. My answer to this was to seek to cancel the work permit. Is there really a risk of the extension granted by immigration into 2009 being rescinded? And, if I locate employment for another entity, will my cancellation of this work permit cause problems in acquiring a new work permit?

[lopburi3]

If the extension was based on employment it will be canceled. If it was based on marriage as you seem to think it would not be. Can you read what it says on the extensions?

A canceled work permit will not effect application for a new one as far as I know. Only if it were not canceled would it case a problem.

If you do not know what (they) did I highly suspect you have a work based extension of stay as a family would surly require both you and wife to be present and sign forms at Immigration.

You are aware of multi entry non immigrant O visa availability if required? Singapore will issue with 400k in a bank account anywhere and marriage/id card proof.

[venturalaw]

If the extension was based on employment it will be canceled. If it was based on marriage as you seem to think it would not be. Can you read what it says on the extensions?

A canceled work permit will not effect application for a new one as far as I know. Only if it were not canceled would it case a problem.

If you do not know what (they) did I highly suspect you have a work based extension of stay as a family would surly require both you and wife to be present and sign forms at Immigration.

You are aware of multi entry non immigrant O visa availability if required? Singapore will issue with 400k in a bank account anywhere and marriage/id card proof.

Immigration came out to our appartment, took copies of the marriage license, bank books, etc. My wife signed documents for immigration as did I. This is why I believe the extensions were marriage based. However, the extensions themselves do not seem to say anywhere what type of visa is being extended.

I really appreciate all the time you are spending responding to me. I am going to the US consulate today to swear out an affidavit concerning my income abroad and will secure a statement from my bank as to the balance and deposits. I have heard about the multiple non immigrant O visa. I was told by the firm that if the visa is canceled by immigration, I will have to reapply in the US.

[jstumbo]

I wonder if the income that was used to get the extension based on marriage was the income from within Thailand at the law firm. So if the work permit goes away, so does the "employment" and income that was used to secure the extension. Seems like it would not affect a current extension, but future extensions would need the 40K income from some place other than the local law firm.

[lopburi3]

I will have to reapply in the US.

False - that is as polite as I can make it.

You can apply for a non immigrant O visa at almost any Consulate in the world - and you can apply for a multi entry at many of them, for visits to your Thai wife.

[venturalaw]

I will have to reapply in the US.

False - that is as polite as I can make it.

You can apply for a non immigrant O visa at almost any Consulate in the world - and you can apply for a multi entry at many of them, for visits to your Thai wife.

As I seem to be saying to you quite often - Thank you.