Visa Advice Needed

[LozinLOS]

Hi there,

I would like some advice about getting a Thai non immigrant visa.

I'm a British citizen, currently in Sydney on a working holiday visa. I am planning on returning to Thailand in November.

My boyfriend is Thai and when I return he is starting a small business (Just an internet cafe also doing travel stuff like booking tickets) which we both hope to run together.

Previously, I have just traveled to Thailand on Tourist visas but understand I need a non immigrant visa and work permit to be able to work in Thailand. The problem is that because his business is going to be small (i.e just us two working there) then from what i have read it won't be recognised as a large enough business for him to be able to employ a foreigner? I've read on a few websites that the company needs to employ at least 4 or 7 Thai nationals...which obviously isn't something that he will be able to do.

His cousin however owns a diving resort and employs westerners and we were thinking of asking him to help us out and put me on his books so to speak, but after doing more research it would seem that if I'm not working at the same business as what is noted on my visa/work permit then I run the risk of being arrested/deported - obviously something I don't want to do. Also if I was able to get a non immigrant B visa, after they run out are they simple to renew for another year? Do you have to leave the country and apply all over again?

So we're a bit stuck and unsure what to do. My boyfriend has suggested that we get married and then I could apply for the non immigrant 'o' visa - I just wondered what the entitlements of that are? Am I automatically entitled to work in Thailand with that and how long does the visa last? Do you have to leave the country every year and apply for a new one? Also if I was to arrive in Thailand on a tourist visa and then get married is it possible to change the tourist visa into a marriage visa or do I have to leave the country again? It's all very confusing so any advice you have as to what would be the best thing to do, would be greatly appreciated.

I just don't really know where to start but ideally want to get it sorted out whilst I'm in Australia as from what I've heard its easier to get a visa here than it is in Asia?

Thanks!

[Lite Beer]

Not sure about Sydney but Perth will issue you a Multi Entry Non Imm O Visa to visit your Boyfriend. This would give you up to 15 months in Thailand but would need you to exit the country every 90 days.

If you were to marry you could quite easily apply for 12 month extensions from Immigration. You would not then have to leave the country but would report to Immigration every 90 days.

This 12 month extension would have to be renewed every year.

For work you would need a Work Permit and as you say it would not be that simple.

Others will advise.

[Mario2008]

The multiple non-O would be a good start, you will need a copy of your friends ID-card and a simple note asking for a visa for you would be splendid.

If you where to marry, you would very easily get extensions of stay without having to leave the country. A foreign woman married to a Thai husband doesn't have to show income, making your stay in Thailand much easier.

Only a work permit allows you to work and some occupations are closed to foreigners. Note that some requirements regarding work are from immigration, not labour office. They only apply when you ask for an extension of stay based on work. If you apply based on marriage you would only have to meet the requirements for a work permit. Much will depend on your job description as you can't be a seller etc.

For that it might be worthwhile to hire a lawyer to guide you to the work permit process the first time. A good lawyer knows how to negotiate with the labour department.

[LozinLOS]

Thanks for your help!

So, looks like the best thing for me to do is get the Non Immigrant O Visa - just wondered though, is it possible to get a work permit whilst in Thailand on this visa or would I need to change my visa to a type 'B'? And if I do need to change it to a type 'B' would I need to leave Thailand to get it?

Also is there anywhere I can find a list of jobs that I would be entitled to do as a foreigner? As you say that I can't be a 'seller'??

And can anyone recommend a good lawyer I could use, preferably one thats not too expensive? I'm a backpacker and so haven't got access to lots of funds!

[Lumumba]

! was down to my last 150k Thai Baht, when I decided to start my own company with my then GF who later became my wife and currently soon to be ex wife, I let one old half dead guy take her off my back, she hopes to inherit large if he goes.

Now that was year 2000, and I was mid twenties.

You can incorporate the travel business to 2M scale, pay income taxes/vat/etc, and let the lawyer handle the paper works. I did nt make any profit the first two years and did nt pay much on taxes.

You can always close down the business for about B20000. Visa/WP/several other things you get by doing this

[QED]

I wouldn't be too hasty to hire a lawyer.

You need 4 Thai employees and 2 million baht paid up capital in the company before you can even start to think about a work permit, neither of which you will have by the sounds of it, so the jobs list won't help much.

Can't you just work behind the scenes with your b/f but not in the shop? Still illegal, and grounds for deportation etc, but a slim chance of getting caught.

[LozinLOS]

I'm beginning to think this is going to be impossible.......

[LozinLOS]

So, just thinking if we were to get married does that mean I could get a work permit and work with my boyfriend in his business - or would it still need to have 4 thai employees and 2 million baht capital before he can employ me?