Non O Common Law? Non O Work?

[eggomaniac]

2 questions

We live in Canada. We have a young daughter, born in Canada. She has a Canadian birth certificate and passport. We also obtained her official Thai Birth Certificate. [it is our understanding she is a dual citizen, but has no other Thai ID besides her birth certificate.] My spouse has a Thai passport and Canadian permanent residency which was granted on a Spousal Application, based on our 'common law' status in Canada. She was not a bar girl. We are not married in either country.

question 1 and 1 1/2 and 1 3/4

Does Thailand, like Canada, recognise 'common law' status for non O visa, or would we have to be married, show a Canadian marriage certificate?

If they do not recognise 'common law', would being the father of a Thai child be just as valid to get a non O?

[[[hmmm just thought of this question > If we did get married AND the 'wife' became a Canadian citizen, dual citizen, she could still be the Thai sponsor for a non O, right?]]]

I am in my late 50's. I have steady investment Income of about 50,000 Bhat per month. It is my understanding that no work, or even volunteer activity is allowed on non O and 'retirement' visas. We want to spend a couple of years in Thailand so our daughter can learn her language and spend time with Yai, but it would be boring to not be able to do any work.

The 'family' over there owns businesses, hard wood furniture and door manufacturing, crafts wholesalers and a luggage shop. We could 'get by' on the 50,000 B per month, with the nice homes we could stay in, and the wife could get some work. Did I say she was not a bar girl?

However, I have friends and relatives in Canada who want me to ship some products over here. teak wood doors, house and garden, clothing

question 2

Could my sister in law's company hire me as an export and website consultant? (please don't waste a Reply with comments like , do it anyway, and who would know. I know how to factor those considerations but want to know the fully legal options]

If you understand, this work would be exploratory and a bonus if it worked out, so I have to know if they have to guarantee Income to me for work permits? I imagine there would be some requirement to stop those who would just get work visas as a 'shell?'

One of the houses we could stay in has a swimming pool which is never used. One of my ideas is to run a swim club/ slash English school for the locals. As the sister in law, who owns the house already has a company, could I just be the 'employee' instead of having to start my own business?

To summarise, we want to and can afford to spend 2 years in Thailand. [That is all that is allowed before our Canadian medical would be void AND we would want to return for our daughter to schooled back in Canada anyway.]

I just want to be active doing some work, legally, if it is possible.

[Lite Beer]

Thailand does not recognise Common Law status. You are not married

You can work on a Non O Visa if you have a work permit. Some people have even managed it with Retirement Status.

You should be able to get a Non O Visa as the father of a Thai child. This would be up to the Embassy where you apply. You would be entitled to a Retirement O-A Visa or 12 month extensions of stay with your 50,000 Baht income plus a sum of 200,000 Baht in the bank. You may be entitled to 12 monthly extensions of stay because of your Thai Child. 400,000 in the bank OR 40,000 monthly income.

There is a big list of jobs that foreigners cannot do. http://www.thaivisa.com/330.0.html

There is a minimum salary requirement of 50,000 Baht a month to obtain a work permit

You ask a lot of questions here hopefully some one with more knowledge of work permit regulations than me will answer them.

Here is the police order dealing with extensions of stay.

[Mario2008]

With the birth certificate you can apply for a Thai passport at the Thai embassy for your child. Do this, as without one she will need a visa to travel to Thailand.

[PoorSucker]

Thailand does not recognise Common Law status. You are not married

You can work on a Non O Visa if you have a work permit. Some people have even managed it with Retirement Status.

You should be able to get a Non O Visa as the father of a Thai child. This would be up to the Embassy where you apply. You would be entitled to a Retirement O-A Visa or 12 month extensions of stay with your 50,000 Baht income plus a sum of 200,000 Baht in the bank. You may be entitled to 12 monthly extensions of stay because of your Thai Child. 400,000 in the bank OR 40,000 monthly income.

There is a big list of jobs that foreigners cannot do. http://www.thaivisa.com/330.0.html

There is a minimum salary requirement of 50,000 Baht a month to obtain a work permit

You ask a lot of questions here hopefully some one with more knowledge of work permit regulations than me will answer them.

Here is the police order dealing with extensions of stay.

I think this only applies when applying for extension of stay.

I only pay taxes on 20.000 baht.

My extension of stay is based on marriage.

Many of my friends here also only pays taxes on 20.000 baht on Non-B visas.

They have to go to the border every three months.

Or is this a new requirement when applying for WP and mine is grandfathered?

[Lite Beer]

Thailand does not recognise Common Law status. You are not married

You can work on a Non O Visa if you have a work permit. Some people have even managed it with Retirement Status.

You should be able to get a Non O Visa as the father of a Thai child. This would be up to the Embassy where you apply. You would be entitled to a Retirement O-A Visa or 12 month extensions of stay with your 50,000 Baht income plus a sum of 200,000 Baht in the bank. You may be entitled to 12 monthly extensions of stay because of your Thai Child. 400,000 in the bank OR 40,000 monthly income.

There is a big list of jobs that foreigners cannot do. http://www.thaivisa.com/330.0.html

There is a minimum salary requirement of 50,000 Baht a month to obtain a work permit

You ask a lot of questions here hopefully some one with more knowledge of work permit regulations than me will answer them.

Here is the police order dealing with extensions of stay.

I think this only applies when applying for extension of stay.

I only pay taxes on 20.000 baht.

My extension of stay is based on marriage.

Many of my friends here also only pays taxes on 20.000 baht on Non-B visas.

They have to go to the border every three months.

Or is this a new requirement when applying for WP and mine is grandfathered?

You could be right there.

2.1 (2) Plus the attachment on page 15.

Now you know why I do not get too involved with Work Permit Issues.

[Lite Beer]

Here is another list of jobs that foreigners cannot do.

http://www.thainewsland.com/?l=en&a=280491

[Mario2008]

I believe in the past (befre the new labour rules) it was not required to have the 50,000 incoem when applying for a WP if you were on an extension of stay based on marriage. For new cases the requirement is 50,000 a month, old cases are grandfathered.

[PoorSucker]

I believe in the past (befre the new labour rules) it was not required to have the 50,000 incoem when applying for a WP if you were on an extension of stay based on marriage. For new cases the requirement is 50,000 a month, old cases are grandfathered.

Thank you.

I was about to retire my WP, but decide to stay with it.

Does any one know where I can find the new labour rules, cannont find on Ministy of labours website.

edit: added question

[eggomaniac]

Lite Beer, your Reply was very helpful! Thanks.

"""Thailand does not recognise Common Law status. You are not married"""

2.19 (3) In the case of a spouse, the marital relationship shall be de jure (legitimate) and de facto

You can work on a Non O Visa if you have a work permit. Some people have even managed it with Retirement Status.

This is the best news! To verify, I could start off on the NonO visa, either by tying the knot or as the father of a Thai, and have some time over there to research if my business ideas are valid before attempting the Work Permit route. Can you be in Thailand on a nonO and apply for a work permit, or do you have to do that from Canada?

You should be able to get a Non O Visa as the father of a Thai child. This would be up to the Embassy where you apply. You would be entitled to a Retirement O-A Visa or 12 month extensions of stay with your 50,000 Baht income plus a sum of 200,000 Baht in the bank. You may be entitled to 12 monthly extensions of stay because of your Thai Child. 400,000 in the bank OR 40,000 monthly income. Oh, for the nonO the 400,000 has to be in a Thai bank, right?. For the retirement visa, can the 200,000 be in a Canadian bank?

There is a big list of jobs that foreigners cannot do. Too funny. Cannot be a match maker is on the list! [Aren't 'match makers' the one that get thrown out of windows in Pattaya?]

There is a minimum salary requirement of 50,000 Baht a month to obtain a work permit

You ask a lot of questions here hopefully some one with more knowledge of work permit regulations than me will answer them.

Your post has nearly cleared up all my questions.

[PoorSucker]

As far as I understand the applicants for WP now has the same requirements as for extension of stay.

50.000 bht/month, 4 Thai employee/Alien, VAT registered, Company with two million baht capital.

I'm lucky my WP is grandfathered.

edit: more info

[eggomaniac]

That link Lite Beer posted is the labour rules you are looking for, I think? Just click on the link he supplied Police_Order_2008.pdf ( 104.89K )

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I don't think grandfathered is the right term? It appears, you 'might' be able to be grandfathered? - depending on what 'competent' official reviews your case, and the $mood$ they are in.

Also, if you have 3,000,000 Bhat to 'invest' you are on visa street.

Has any farang ever obtained Thai citizenship?

Has any farang ever been arrested for attempting to bribe a peace officer?

6. If an alien who has entered Thailand before this order came into force and has been continuously granted temporary stay as clause 2.18(6), in case the marriage with Thai lady, is found to lack the qualifications as prescribed in this order, the Commissioner of the Immigration Bureau or competent official shall consider and decide on the particular case based on the prevailing reasons and circumstances within 1 year from the effective date hereof.

This Order is effective from now.

I believe in the past (befre the new labour rules) it was not required to have the 50,000 incoem when applying for a WP if you were on an extension of stay based on marriage. For new cases the requirement is 50,000 a month, old cases are grandfathered.

Thank you.

I was about to retire my WP, but decide to stay with it.

Does any one know where I can find the new labour rules, cannont find on Ministy of labours website.

edit: added question

[Lite Beer]

You get the work permit in Thailand.

If applying for a Non O-A Retirement Visa in Canada the money can be in a Canadian bank.

If applying for a 12 month extension based on retirement in Thailand it has to be in a Thai bank.

For a Non O Visa 400,000 is not needed.

If applying for a 12 month extension to support your child in Thailand the 400,000 has to be in a Thai bank.

Re working on Retirement Status. It seems that some labour offices allow this and some do not.

The Royal Thai Consulate in Vancouver with details of the Non Imm O-A Retirement Visa.

http://www.thaicongenvancouver.org/cms/ind...w&id=121#OA

[Lite Beer]

That link Lite Beer posted is the labour rules you are looking for, I think? Just click on the link he supplied Police_Order_2008.pdf ( 104.89K )

-------

I don't think grandfathered is the right term? It appears, you 'might' be able to be grandfathered? - depending on what 'competent' official reviews your case, and the $mood$ they are in.

Also, if you have 3,000,000 Bhat to 'invest' you are on visa street.

Has any farang ever obtained Thai citizenship?

Has any farang ever been arrested for attempting to bribe a peace officer?

6. If an alien who has entered Thailand before this order came into force and has been continuously granted temporary stay as clause 2.18(6), in case the marriage with Thai lady, is found to lack the qualifications as prescribed in this order, the Commissioner of the Immigration Bureau or competent official shall consider and decide on the particular case based on the prevailing reasons and circumstances within 1 year from the effective date hereof.

This Order is effective from now.

No. That link was for Extensions of Stay. Immigration Law.

Nothing to do with Labour Laws.

The 3M Investment Visa is no more.

No. 6. is a bit loose and does not apply to you. It only applies if you have been getting a marriage extension previous to November 25th 2008

Thai Citizenship and permanent residents? Look here.

http://www.thaivisa.com/forum/Camerata-s-G...ide-t74654.html

[Mario2008]

The new alien labour act can be found here:

http://www.thaivisa.com/forum/post-a58931-...iens-Act-1-.pdf

However you will find nothing about the required income there. That is part of the above linked police order, at the bottom of the file.

Also note that some provisions are still not in force, as the committee that has to establish rules still hasn't set them.

Edit: the 3 million is only for grandfathered cases (from before 1 Oct. 2006). New cases must show an investment of 10 million baht.