Changing From Business To Marriage Visa - Good Idea?

[islandguy]

I am currently on a business visa, have a work permit, and my own company together with my wife. My accountant is advising that I change to a visa based on our marriage. He says the only disadvantage is a higher minimum required income. Advantages, he says, include reporting to local immigration instead of 90 day border runs, being able to get the visa without leaving the country, and continuing to be able to get a work permit based on the new visa. I am based on Samui. I would welcome any comments as to whether this all sounds correct, and whether there are other things to consider in making the decision.

Also, I am bit confused about the strategy of leaving the country a week or so prior to the expiration of my current one year visa, returning with a 3 month entry stamp, and then being able to wait those 3 months before actually getting the new visa. I have heard this can be done from multiple sources but am still not sure about it. How does this work and can there be any problems in doing this? Thank you for your replies.

Island guy

[lopburi3]

You are using visa entry rather than one year extension of stay so any type of extension of stay would be an advantage. I suspect your employment does not qualify for you to obtain extension of stay? For most western country people that would require an income of 50k per month but only require 40k per month for marriage extension of stay so not sure your account knows what he is talking about in that regard. But if you do not have business extension of stay it is an obvious improvement. It is not a visa but a one year extension of stay. Both you and wife have to apply and provide proof of your 40k per month income or a bank deposit in your name for 2 months with 400k or more in it. You can work on such an extension of stay.

The last entry on your multi entry non immigrant visa has to be made before the enter before date and it will provide the normal 90 day permitted to stay time. During the last 30 days of this you would apply for the extension of stay from immigration office. After that you will have to report using a TM.47 form every 90 days (no charge and can be done by someone else or mail most places). If you leave Thailand the return day is day one of a new 90 day count.

[Lite Beer]

Another advantage is lose your job and you do not lose your permission to stay.

[lopburi3]

If he had a business extension of stay that would be true - but he seems to be using visa entry so would not lose anything.

[mca]

Quick aside gents. I've always wondered if somebody extends using the 400k option and the reason for extending being "Stay with Thai family" if they are also working do they still have to show their W/P, tax returns etc when extending?

[lopburi3]

No. But spouse will have to go with and be interviewed and provide her ID card and home register - photos together in and around home - a police check that living together will be made and normal 30 days under review period prior to final extension.

[mca]

Thanks.

[TerryLH]

"... if they are also working do they still have to show their W/P, tax returns etc when extending?"

"No."

I think they do if they know you are working. At least they used to in CM (years ago).

[islandguy]

Thanks for your replies. Lobburi3 wrote:

You are using visa entry rather than one year extension of stay so any type of extension of stay would be an advantage. I suspect your employment does not qualify for you to obtain extension of stay?

I have had work permits working for others and received extensions. However, my current situation based on our company is new, and I have not yet (but soon will) had to apply for the first extension based on this.

For most western country people that would require an income of 50k per month but only require 40k per month for marriage extension of stay so not sure your account knows what he is talking about in that regard.

Some western country people need less than the 50k amount, sometimes

The last entry on your multi entry non immigrant visa has to be made before the enter before date and it will provide the normal 90 day permitted to stay time. During the last 30 days of this you would apply for the extension of stay from immigration office. After that you will have to report using a TM.47 form every 90 days (no charge and can be done by someone else or mail most places). If you leave Thailand the return day is day one of a new 90 day count.

What you say is clear, but the part I wonder about is being here on an extension of stay. This supersedes the need for a visa? My work permit started a month after my visa began, do I also have 3 months from last entry to renew/extend the work permit?

Thanks,

island guy

[lopburi3]

A visa or re-entry permit is only used to present yourself for entry into the Country. Once you get that permitted to stay stamp from Immigration the visa has been used - if a multi entry it can be used again to present yourself to Immigration but once you get the stamp from Immigration that is what is important and determines how long you can stay.

You need to renew work permit when it is due to expire. You can not work without the work permit being valid and it is not extended on the basis of a visa or permitted to stay stamp. It is another ball game.

[islandguy]

A visa or re-entry permit is only used to present yourself for entry into the Country. Once you get that permitted to stay stamp from Immigration the visa has been used - if a multi entry it can be used again to present yourself to Immigration but once you get the stamp from Immigration that is what is important and determines how long you can stay.

You need to renew work permit when it is due to expire. You can not work without the work permit being valid and it is not extended on the basis of a visa or permitted to stay stamp. It is another ball game.

Thank you for your very clear reply. I now understand the answer to my second question about re-entering close to the expiration of my one year visa. Do you have any other thoughts about whether there are any potential problems with using the marriage as the legal basis for my continued stay rather than the business?

many thanks

[lopburi3]

It should not be a problem - you are always free to change.