Long Stay Visa, The Way Forward For Me?

[materialsman]

Gentlemen, I posted this on a.n. other Forum and received very little response, probably because the other Forum approaches life here from a different point of view, so it was recommended I try Thai Visa.

My fellow Board members, I am looking for advice on long stay Visa’s. I am not posting this in the Legal Section as I am quite aware of the conditions and legalities of both the Retirement Visa and Marriage Visa and I meet the requirements for both, but I am just looking for opinions about which way to handle my situation. Firstly let me fill you in with the details of my circumstances. For the last nine years I have not had any visa worries at all. I have been working for a Company in Laem Chabang, which was a StartUp Company on a two year contract, luckily the business took off and I have been fortunate to have been associated with this Company for a total now of nine years, so Work Permit and consequently Visa’s have not been any concern. In the last year or so, the Thai Management in Bangkok have been moving towards the removal of us ‘long nosed, white skinned devils’ that helped build up the Company and now think they can run it without our assistance, and good luck to them with that, consequently when my contract was renewed this time around, instead of receiving the full year, I was granted only six months, so that puts me in line to finish at the end of September 2009. I could have, a couple of years ago, applied for a Residency Permit, as I was considered staff and paid the full 37% tax on my earnings, so I would have been eligible to apply, despite my local Immigration Department doing their best to discourage me from doing so, describing the application process as ‘too much paperwork and hassle’. So, around just over a year and a half ago, I negotiated a new contract giving me ex-pat status and not staff status, so I no longer have the unbroken tax records that would be required for Residency Permit application, so that is not the way forward. So, when my contract expires, I shall be obliged to give up my Work Permit which also cancels out my Multi-Entry Non Immigrant Visa that would have run up until April 2010 and leave the Kingdom within seven days. I have no problem with this as I can fly to any Country of my choice and re-enter on a Tourist Visa. My question is, ‘what is the best option after this?’ I am married to a Thai, have been for fourteen years, and yes, it is a registered marriage, we have a twelve year old son, two properties and money in the bank. Therefore I could get a yearly Marriage Visa on the strength of this. I am also now 51 years old, so I could also go the route of the Retirement Visa as I have sufficient funds in a Thai Bank Account. Another way forward could be the Education Visa, though I am not ‘au fait’ with the intricacies of this, so I require some good advice on this method. I am not really ready for retirement, I fully intend to be working again sometime in the future, the nature of the business I am in means that as a ‘Contractor’ you expect fallow periods of inactivity, indeed before the current job came about I spent another nine years living here moving from Project to Project quite happily. However, due to the current World economic climate, I am preparing for a longer ‘fallow’ period than historically, which was always no more than a three month break. So, gentlemen, in my situation which Visa to apply for once I am finished on this Project? I welcome all your opinions.

[lopburi3]

my Multi-Entry Non Immigrant Visa that would have run up until April 2010 and leave the Kingdom within seven days.

If you are here on 90 day visa stays they are not cancelled. But suspect you really have a one year extension of stay with a multi re-entry permit? You must leave the day your employment ends unless you apply for a 7 day extension of stay - you no longer get it free.

You can not work on ED or retirement extensions of stay - you can on a family extension of stay. So that should probably be what you first apply for. That will require the 40k income (which you will probably not have) or 400k in bank account (which you do seem to have). Be sure it has been at that level for 2 (or better 3) months before application.

[ubonjoe]

If you do have a multiple entry visa intead of of an extesniosn of stay you could apply for the extension of stay based upon mariage to a Thai at any time you want and use your past 3 months of tax payments (PNR 1) as proof of income. Or use the 400K in the bank option as long as it is in your name only and it is there for 2 months.

If it's and extension of stay based upon employment you can change to another type of extension without going out for a new visa. Just have everything ready on the date your employment ends and apply for either a marriage or retirement extension.

[materialsman]

If you do have a multiple entry visa intead of of an extesniosn of stay you could apply for the extension of stay based upon mariage to a Thai at any time you want and use your past 3 months of tax payments (PNR 1) as proof of income. Or use the 400K in the bank option as long as it is in your name only and it is there for 2 months.

If it's and extension of stay based upon employment you can change to another type of extension without going out for a new visa. Just have everything ready on the date your employment ends and apply for either a marriage or retirement extension.

ubonjoe, what sort of time scale are we talking about for extension of stay based on marriage with requisite monies in the bank? Until the original Non-Immigrant Visa's scheduled end in April 2010 or are we looking at 30-60-90 days?

[materialsman]

You must leave the day your employment ends unless you apply for a 7 day extension of stay - you no longer get it free.

lopburi3, that's bad news, when did that change occur? What is the new deal on getting the 7 days grace?

[ubonjoe]

If you do have a multiple entry visa intead of of an extesniosn of stay you could apply for the extension of stay based upon mariage to a Thai at any time you want and use your past 3 months of tax payments (PNR 1) as proof of income. Or use the 400K in the bank option as long as it is in your name only and it is there for 2 months.

If it's and extension of stay based upon employment you can change to another type of extension without going out for a new visa. Just have everything ready on the date your employment ends and apply for either a marriage or retirement extension.

ubonjoe, what sort of time scale are we talking about for extension of stay based on marriage with requisite monies in the bank? Until the original Non-Immigrant Visa's scheduled end in April 2010 or are we looking at 30-60-90 days?

You can make the application for an extension during the last 30 days of any 90 day entry. The extension will be good for one year. You do not have to wait for the visa to expire.

If you have an extension of stay it woulf be different because the day your job ents your extension ends.

So would just need to have every thing ready on that date.

The 7 day grace period went away sometime early last year. Now you have to pay to get a 7 day extension. Or apply for another type of extension as in your case.

[lopburi3]

lopburi3, that's bad news, when did that change occur? What is the new deal on getting the 7 days grace?

Since late last year I believe. Work permits no longer have to be returned but company needs to issue a letter of employment termination that you take to Immigration to end extension of stay - you have the option to leave that day or obtain a 7 day extension of stay (for the normal 1,900 baht fee). Edited June 14, 2009 by lopburi3

[PoorSucker]

Forget the 7 day extension is your case.

Because you are married to a Thai citizen, you can apply for extension 2 months for visiting your wife.

[gsalet]

I am in about the same situation. I have applied for an extension of stay (visit wife as they called it) they gave me a month during which i applied for a non immigrant on the basis that i am married to a Thai national. Then it took a them a month to process my file. If married with kids why try to get an Ed or retirement visa during the time you don't have a work permit ? I recommend to apply for the visa that fits the purpose of your stay. It is always easier in the end. Good luck for your future activities.

Edited June 14, 2009 by gsalet