Non O Marridge Extension

[beltman]

Hi There

Hope someone can be of help.

I have been on an extension of stay on my marridge visa for 6 years, have always had the o visa and work permit attached to my company.

In the past i have not had any problems at all with the extension and work permit, but im told by my lawyer that this year i will need to show my companies audited accounts to get my Visa and permit.

This is a slight problem as they are not finished yet (long story)

Could someone aswer a couple of questions for me.

1. Is the above correct or is my guy trying to get extra money out of me for the Audit/

2.If it is true whats my best option im guessing a multiple entery ) visa from Kl, bearing inmind i do not have 400k in a Thai bank.

Thanks for all your help in advance

[Lite Beer]

If you have a 12 Month Extension of Stay based on your Marriage from Immigration it has nothing to do with your work. You can continue with that if you meet the financial requirements. 400,000 Baht in a Thai bank (which you say you do not have) OR 40,000 Baht a month income. Your record of income tax payments should be enough evidence of this.

If for some reason you cannot meet this, then a trip to KL would result in a Multi Entry Non Imm O Visa.

[ubonjoe]

The only supporting documents needed to prove an extension based upon marriage is proof of tax payments on an income of 40K per month or more.

Normally it is 3 months of tax deduction receipts and your annual tax statement that is required.

Edit: See 2.18 Item 5 (pages 7and 8) of this police order that list the documents required for extensions of stay.

http://www.thaivisa.com/forum/post-a77473-.html

I think he trying to get extra money out of you. Do the application on your own.

Edited August 25, 2009 by ubonjoe

[beltman]

Thank you for such quick replies i really do appreciate it.

So basically he is leading me on, i meet all criterea for the new extension.

BUT

How about the work permit extension do they need my audited accounts for that my understanding is that with out the work permit i can't have the visa as its based on 40k per month, FYI im a Director of the company not sure if that makes any difference.

Thanks Again

[ubonjoe]

AFAIK an audit is not needed for a work permit application. An audit is only required if you are applying for an extension of stay based upon employment.

You will need to show your work permit to get your extension to prove that you are working legally. It should still be valid when you do your extension because normally the work permit extension is done after you get your new extension of stay.

Be sure and have a look at my previous post because I did an edit while you were doing your last post.

Edited August 25, 2009 by ubonjoe

[lopburi3]

The heading says marriage extension but he says O visa attached to company so am not sure which extension of stay he has been using. Is it marked marriage or wife? An O visa could also be used for employment extension of stay.

[beltman]

Thanks guys

My understanding is its based on being married, well its supposed to be, i have Thai wife stamped in thai script stamped under the extension stamp.

Really starting to look like they are playing with me.

I really appreciate your help.

[opalhort]

I think the OP is quite correct.

He has a permit to stay extension based on marriage but the financial requirement is covered by domestic income - meaning a WP is required, though IMM is not interested in the WP issue and only wants to see tax receipts, WP renewal does require the latest audited balance sheet.

No WP --> no income --> no extension of stay

The extension of stay should not be to difficult, just continue paying taxes and have the PorNgorDor 91 form ready. This can be done without WP at least for now (I'm not aware of any cross check between IMM and Labor).

The WP issue is more tricky:

From the end date of the Co's fiscal year you have 150 days to submit the audited balance sheet to Revenue. If your WP renewal date falls within these 150 days Labor usually accepts the last audited statement together with a new as yet not audited statement. They may give you a conditional extension that you submit the audited one at a later date. The fact that you are married to a Thai and have WP for 6 years may help here.

In any case you will need somebody to draft a very good letter to Labor explaining the reason for the delay.

good luck.

opalhort

[Time Traveller]

The extension of stay should not be to difficult, just continue paying taxes and have the PorNgorDor 91 form ready. This can be done without WP at least for now (I'm not aware of any cross check between IMM and Labor).

Actually I'm sure that immigration require that you have a work permit for the income option. Tax receipts but no work permit is not acceptable.

[lopburi3]

You do not need a work permit to pay tax. If you have current income from outside Thailand that you bring here it will be subject to tax but no work permit would be involved. Nor do you need a work permit to have investment income in Thailand.

[PoorSucker]

Also be aware that the 40.000 baht/month must be the husbands income.

You can not have joint income with your wife any more.

[opalhort]

Actually I'm sure that immigration require that you have a work permit for the income option. Tax receipts but no work permit is not acceptable.

I think this is a question the OP should be able to answer since as I understand it he has got wife extensions based on income in the past.

Has IMM ever asked him for WP evidence?

opalhort

[thaiphoon]

WP renewal does require the latest audited balance sheet.

Agree.

The WP issue is more tricky:

From the end date of the Co's fiscal year you have 150 days to submit the audited balance sheet to Revenue. If your WP renewal date falls within these 150 days Labor usually accepts the last audited statement together with a new as yet not audited statement. They may give you a conditional extension that you submit the audited one at a later date.

I was in similar situation to OP this year (due to changes in WP issue period) with WP renewal falling due for renewal during March and company's year end being end of Feb. There were no problems in extending WP for 12 months using the previous year's audited accounts. That was in Bangkok, but may be different for other labour offices.

Edited August 26, 2009 by thaiphoon