Visa Status Changing Due To Divorce

[mellow1]

A young friend of mine ( about 30yrs. old) is getting a divorce from his Thai wife. He wishes to remain in Thailand, whether he gets custody of his child or not(also does not wish to be separated from child). He has been running a restaurant in his wife name in the past , and his visa was from the income declared by his wife from this business. The restaurant features European food and he is a Chef with the proper credentials. He will be keeping the restaurant (lease is in his name), especially since the wife has no clue, about this kind of cuisine, nor in the management of business thereof.

What are his options? Will the Thai government basically kick him out, and separate him from his child should he loose or gains custody? The mother has no education nor job for income. Would he be able to work here in Thailand, and be close to his child, or if he gets custody, live here with his child? He has a nice place, and the skills to make a decent living. Could always get a job in one of the Hotels,etc.. but I'm sure he would prefer his own cozy place.

His father also lives here on a retirement visa. I suggested he just puts everything in his father's name, who could get a work permit along with his retirement visa. The young man could get a one year non- immigration type O, from Europe and renew it every year, and doing visa runs. He could then be with his business, as well as his father, and child here in Thailand. I don't know enough about any of this stuff . But this is where the experts are, or so I am told.

[ubonjoe]

He probably won't have a problem until he goes to do his next extension. Although by the letter of the law his extension should end the day he gets divorced but nobody will notify immigration unless his ex-wife was to make a stink.

Then he could get an extension because he has a Thai child the income requirements are the same as marriage. It would be easier to get this extension if his wife gave him custody of the child.

It sounds like they were doing the extension before based upon the wifes income. The rules have changed so that option was already gone without getting a divorce.

You say he has all the credentials for being the cook and running the business. Does he a have a work permit? Is he operating the business as a company with all the proper documents and etc. or is it a business in his wifes name? He can get a work permit with extension he has now and if/when he changes to one for his child.

His father can't get a work permit on a retirement extension.

If something was to go wrong and he could not get an extension he could go to KL or Penang and get a multiple entry non-o to visit his child. No need for a trip home.

[mellow1]

^ He is operating the business as previously in the wife's name. The Divorce has not gone finalized yet yet, the procedure has just been started. What if he doesn't get custody of the child? Either way since he isn't retired he has no income without a job or a business. Can he put the business in another Thai national's name, and at the same time protect himself of not getting screwed. Can he get a work permit in order to work here and stay close to his child, should he not gain custody? Either way he has to work. Can he get a work permit, live here and operate his restaurant, in either scenario? Custody or no custody? Will his only option be to work for a big hotel in Bangkok or some such place in order to be in the vicinity of his child?

[ubonjoe]

He could go through the normal company registration procedure and then get a work permit.

He does not need to show income. If he can come up with 400,000 baht to put in the bank he can use that for his extension and there is no time requriement for it to be in the bank.

How easy it will be to get the extension will depend on which immigration office he has to use.

Once he has the extension if finds a job he can get a work permit with this type of extension and not have to go through all the normal paperwork for an extension based upon employment.

[mellow1]

^ So in other words, it doesn't matter if he has a child here, if he don't meet the cash requirements, he has to go. There are no provisions for a parent wanting to be with his child. Separating the child from the parent and vise versa is of no concern, only the money?

[ubonjoe]

Thats correct.

It's the same for everybody that wants to stay with their family here. I am in the same boat as all the others. No money no extension.

[Lite Beer]

Taken from the extension regulations.

(5) In the case of a parent, one of parents must have an average annual income of not less than 40,000 baht per month or a money deposit of not less than 400,000 baht for expenses within a year.

[mellow1]

Taken from the extension regulations.

(5) In the case of a parent, one of parents must have an average annual income of not less than 40,000 baht per month or a money deposit of not less than 400,000 baht for expenses within a year.

Does this money have to come from abroad? Or can it be earned here? How is the parent suppose to support said child, if they will not issue him a work permit, in order to earn a living, in order to support the child?

[ubonjoe]

Income here has to be proven by tax payment documents which means they will ask to see a work permit to show you earned it legally. Tha bank balance does not need to come from abroad according to the rules.

If he can get a work permit bedore his extension runs out then he can use that income to get the new extension.

[Lite Beer]

We really need to know if he has been working up to now with or without a Work Permit.

[lopburi3]

1. They will issue a work permit - if he finds work that qualifies for it.

2. They will not keep him out of Thailand. He can use child's birth certificate to obtain non immigrant visas. But he will be subject to normal visa rules of up to 90 day stay on each entry.

3. Divorce is a 30 minute process at the District Office. All they have to do is agree.

4. If he has legal work he can use legal earnings to meet extension of stay requirements.

[mellow1]

We really need to know if he has been working up to now with or without a Work Permit.

There are 4 or five Thais which work in the restaurant, I have not seen him work. But since he has expertise in the field, I'm sure he gives plenty of guidance. His wife used the income, to meet visa requirements, for income when last applied for.

If my wife had a business and I go to the store to pick up a loaf of bread for her, would I need a work permit? If something falls on the floor and should I clean it up, would I need a work permit.? If this restaurant has a cook who burns the eggs, and this man shows him a better way of doing it, would he need a work permit? If yes we would all be in trouble one way or another, or be plain <deleted> if not guilty.

[mellow1]

1. They will issue a work permit - if he finds work that qualifies for it.

2. They will not keep him out of Thailand. He can use child's birth certificate to obtain non immigrant visas. But he will be subject to normal visa rules of up to 90 day stay on each entry.

3. Divorce is a 30 minute process at the District Office. All they have to do is agree.

4. If he has legal work he can use legal earnings to meet extension of stay requirements.

Thank you very much lopburi, this is some very useful information. Can this man open a business to support his child? If he has a School diploma in his field? Will the work permit allow him to do that?

[Mario2008]

We really need to know if he has been working up to now with or without a Work Permit.

There are 4 or five Thais which work in the restaurant, I have not seen him work. But since he has expertise in the field, I'm sure he gives plenty of guidance. His wife used the income, to meet visa requirements, for income when last applied for.

If my wife had a business and I go to the store to pick up a loaf of bread for her, would I need a work permit? If something falls on the floor and should I clean it up, would I need a work permit.? If this restaurant has a cook who burns the eggs, and this man shows him a better way of doing it, would he need a work permit? If yes we would all be in trouble one way or another, or be plain <deleted> if not guilty.

The answer is yes, you would need a work permit. In Thailand you even need a work permit for volunteer work.

[lopburi3]

Are you really looking for advise? Or on a crusade?

[mellow1]

Are you really looking for advise? Or on a crusade?

Looking for advise, and no crusades here. But it seems that things are a bit on the extreme side when the answer turned out to be yes as in post 14.

Personally I don't need to work, but should I be in my mother in laws shop, and there is something she should need help with, if its within my ability I probably would. I'm getting old, but she's a lot older.

[ubonjoe]

I agree the the law is bit extreme.

I think we all do things everyday they probably violate the labor law.

But if your friend is going to try and remain and support his child and use income from the busines to get his extension he needs to get things set up legally.

He is going to have to get the company set up in order to get a work permit if he is going to divorce his wife.

It sounds like they already have the needed 4 employees to get a work permit.

He probably could of already gotten a work permit if his wife set the business up as a sole trader. And being married to a Thai would of reduced the needed employees to 2 and the company income requirements by half.

So pass this info on to him and see what he wants to do.

[mellow1]

I agree the the law is bit extreme.

I think we all do things everyday they probably violate the labor law.

But if your friend is going to try and remain and support his child and use income from the busines to get his extension he needs to get things set up legally.

He is going to have to get the company set up in order to get a work permit if he is going to divorce his wife.

It sounds like they already have the needed 4 employees to get a work permit.

He probably could of already gotten a work permit if his wife set the business up as a sole trader. And being married to a Thai would of reduced the needed employees to 2 and the company income requirements by half.

So pass this info on to him and see what he wants to do.

Thanks for that info ubonjoe, now I will have to find out where to get the info needed in setting up a company. I really don't have all the info of their marital problems, nor am I really interested. But it doesn't seem like there is no mutual agreement, and therefore no quickie and easy divorce. Therefore there will be time to research setting up a company. Any links on that would be most welcome. Doing things legally, is always the best route, especially for a young person wanting to look after a child he loves.

[Mario2008]

This site gives some information:

http://www.boi.go.th/english/how/legal_iss...n_investors.asp