Work Permit Or Marriage Visa

[lennya12threh]

I have been in Thailand for about 2 years and was a student before and I am still on the student visa but will not be studying anymore and the visa will run out soon. Before I was planning on going with my wife to Canada to continue studying there, but second thoughts have us thinking we should stay in Thailand and give her business a try as it does have potential.

First I thought a marriage visa would do it, but later realized being married isn't enough and they expect all falang to be 4x richer than the average Thai just to live in the country. (something about needing to have a large sum of money or 40,000 baht per month) This is out of the picture because we only have a business worth about 300,000 and another 250,000 in the bank which would go towards the company vehicle if we were expand business. We could be making 60-100k fairly easy in the future (right now it's just enough for us to live comfortably) but then it wouldn't count as my income because I'm not supposed to be working anyways without a work permit....

Secondly I thought of a work permit, but heard stories of it being quite hard for someone who wants to run a small business and isn't getting employed by some recognized company in Thailand (ours is small as of now and doesn't have much on paper, nor is it even formal) I also heard that having a Thai wife/husband can affect this process. Is it possible for my own wife to employ me somehow to get me a work permit?

The only other options for me seem to be the 6 month tourist visas, or getting some phony student visa for some phony program as a "motive on paper" for me to be here.

Any insight?

Edited September 12, 2010 by lennya12threh

[beano2274]

So what Visa will you use to get a Work Permit?

Non Immigrant B for work purposes, expected that a Farang gets a salary around 50,000 for Europeans, Americans and Brits(although basically also known as Europeans).

Non Immigrant O based on marriage, 400,000 in the bank or an income of 40,000 per month.

You could obtain a Non Immigrant O based on marriage from KL, with 100,000 in the bank, you would have to do border runs every 90days.

Work Permit - allows the holder to work in Thailand if he/she has a valid Visa.

Visa - allows the holder to be in Thailand legally.

Edited September 12, 2010 by beano2274

[Lite Beer]

A Visa is needed to stay in the country.

A Work Permit is needed to be able to work.

As said above. Non Imm O Visa Multi Entry Visa from KL would give you up to 15 months in the country. This would need a border run every 90 days.

[lennya12threh]

By KL do you mean in Juala Lumpur, Malaysia? I just found this written on another TV page that was "official" and not a post.

"The Kuala Lumpur Embassy need a lot of paperwork to process a Non-Immigrant Visa. If your paperwork is perfect it should be no problems, but you have to stick with single or double entry - do not expect any Multiple entry visas to be issued here! "

Why does this KL have different requirements for visas?

[lopburi3]

All embassies in the area require full paperwork to issue such a visa. The report is false as there is no such thing as a two entry non immigrant visa. But multi entry is normally not issued without a valid work permit - and many people do not need such a visa as they can extend at immigration on a yearly basis.

[Phatcharanan]

By KL do you mean in Juala Lumpur, Malaysia? I just found this written on another TV page that was "official" and not a post.

"The Kuala Lumpur Embassy need a lot of paperwork to process a Non-Immigrant Visa. If your paperwork is perfect it should be no problems, but you have to stick with single or double entry - do not expect any Multiple entry visas to be issued here! "

Why does this KL have different requirements for visas?

You are married to a Thai citizen, you have more than enough of the required money in the bank. Obtaining a Multi Non Imm O visa from Kuala Lumpur (KL) in Malaysia will be no problem for you.

Edited September 13, 2010 by Phatcharanan

[lennya12threh]

So the requirement at KL is only 100,000 baht, but at other places it is 400,000? And also something about if I get it at KL I will have to do 90 day border runs, but at other places I won't have to do the border runs?

[Lite Beer]

So the requirement at KL is only 100,000 baht, but at other places it is 400,000? And also something about if I get it at KL I will have to do 90 day border runs, but at other places I won't have to do the border runs?

The Thai Embassy in KL issue Visas. They will issue a Multi Entry Non O Visa to a man with a Thai Wife if he has at least 100,000 Baht in the bank.

Immigration Offices in Thailand issue Extensions of Stay. They will issue a 12 month Extension of Stay to a man with a Thai Wife if he has 400,000 Baht in a Thai bank OR 40,000 Baht monthly income.

A Non Imm O Visa has a maximum stay of 90 days each entry.

A 12 Month Extension of Stay gives 12 months in the country without having to leave.

[lopburi3]

A visa always requires border runs for a stay longer than 90 days. If you can qualify with 400k in a Thai account for 2 months you could extend for one year at a time for fee of 1,900 baht.

KL is the only reliable Consulate to obtain the multi entry visa in the area and they would require proof of 100k in a bank account. Other Consulates may or may not issue and what they require is not set as with KL. This would require exit every 90 days to obtain a new 90 day stay.

For stay without funds a single non immigrant O would likely be available anywhere and a 60 day extension to visit wife could follow from Immigration or another obtained.

[lennya12threh]

So it looks like my only option for now is to chase 90 day visas, whether a marriage or a tourist visa, and pray for 60 days extensions so I don't have to go out of the country to obtain another one as often. So really there is no benefit in getting a marriage visa at KL with 100,000 baht in the bank, as it is the same stay as a normal tourist visa from, say, Laos.. Though I guess with the KL visa then I only have cross the border and come back, and don't require a new visa for a year?

Why do they expect foreigners to be 4x as wealthy as the average Thai just to be in Thailand with the wife.... This is ridiculous.

Edited September 13, 2010 by lennya12threh

[lopburi3]

You have the option to take your wife to your country where you are free to work and support a family. A foreign woman would not be expected to meet the 400k requirement; just as your Thai wife most likely would not be expected to meet such a requirement in your home country.

[lennya12threh]

Well I think we may still plan on going to Canada, where I can make more money than the business here even it got fairly big.

But I will need a years worth of visas while we wait.

Would our joint account with 400,000+ baht in it be enough for KL? If we plan to go to Canada we would sell the business and not buy any vehicles so we would have some cash to show for. We have a buyer right now but still aren't sure if want to stay here, but Canada is the better bet.

[lopburi3]

I believe KL would accept the joint account to issue a multi entry non immigrant O visa with marriage certificate and copy of wife ID card. If not one year would not be hard to do with tourist visas and perhaps 60 day extensions to visit wife between them. But I would not advise working here without a work permit.

[TheNoob]

Normally a joined account with 400K or a joined (official) income of 40.000 is enough to get a visa based on Marriage.

I've been trough the visa process recently and I got informed by government officials that it can be a joined income.

It can even be completely an income of your wife. Doesn't have to be yours neither does it have to be joined. If your wife has

an official income of 40.000 she can provide the proof she can financially support you to obtain a visa based on marriage.

When you have 400K in a bank account, first year it has to be on the account no less than 2 months and following years

no less than 3 months.

Edited September 14, 2010 by TheNoob

[beechguy]

Normally a joined account with 400K or a joined (official) income of 40.000 is enough to get a visa based on Marriage.

I've been trough the visa process recently and I got informed by government officials that it can be a joined income.

It can even be completely an income of your wife. Doesn't have to be yours neither does it have to be joined. If your wife has

an official income of 40.000 she can provide the proof she can financially support you to obtain a visa based on marriage.

When you have 400K in a bank account, first year it has to be on the account no less than 2 months and following years

no less than 3 months.

You were fortunate, as it seems many offices are enforcing the more recent rules from November, 2008. This is a translation stating it has to be the husband's income or bank account, Section 2.18 covers extensions based on marriage.

http://www.immigrati...7-2551_en.pdfre

Edited September 14, 2010 by beechguy

[lopburi3]

Post 14 information is outdated as that changed in 2008 with the publication of Police order 777/2551. The money must be the supporting husbands alone for a Thai wife extension of stay.

[Lite Beer]

(6) In case of marriage with a Thai lady, the husband who is an alien must have an average annual income of not less than 40,000 baht per month or a money deposit in a local Thai bank of not less than 400,000 baht for the past 2 months for expenses within a year.

[lennya12threh]

So they don't allow good working Thai ladies to live and help out with bills with their husbands that aren't wealthy?

What if it was a foreign woman wanting a marriage visa extension to live with their Thai husband?

I hope Thailand isn't sexist.

Edited September 14, 2010 by lennya12threh

[TerryLH]

"Post 14 information is outdated as that changed in 2008 with the publication of Police order 777/2551."

TheNoob said he'd been through this recently.

"I've been trough the visa process recently and I got informed by government officials that it can be a joined income."

Questions.

How recently?

What immigration office?

[TheNoob]

"Post 14 information is outdated as that changed in 2008 with the publication of Police order 777/2551."

TheNoob said he'd been through this recently.

"I've been trough the visa process recently and I got informed by government officials that it can be a joined income."

Questions.

How recently?

What immigration office?

Don't want to give anybody false hope but...

1) Thai immigration government worker told it, my wife called for it, along with other questions we had.

2) The following info comes from a legal office in Thailand and has advertisement on this forum.

(also had personal contact with them a while ago, very helpful guy, really)

Basic Requirements:

• Married to Thai National, must provide marraige certificate

• 40,000 Baht per month income.

Option 1. Working in Thailand: You must provide your work permit, and taxation records.

Option 2. Working outside Thailand: You must provide a certified income statement from your embassy. You may also be asked to provide a letter from your employer, or other documents to support the proof of income. (ie. bank statements).

Option 3. Spouse provides income: Spouse must provide taxation records.

Some extra info from their website:

(6) In case of the applicant who is married to a Thai wife, one of them or both of them need to have the total annual income that is averaged out not less than 40,000 Baht per month. Except for the case that the said foreign national has entered Thailand before this Order is enforced and the foreign national has been permitted to stay in the Kingdom by the result of having married to a Thai wife, then if the applicant does not have the said income, then, the latest 3 months records of the account book of any Bank in Thailand with the account name of either or both parties need to have the amount of money not less than 400,000 Baht.

Is it true or not? It's not me who has to decide about it, however ... two sources indicate the same. And as stated, one is a legal services provider

doing this as a business and the company is well known and also advertises here so I would think the info would be correct.

The way I did it... the (i think) most common used way... I have enough money in a bank account on my name.

[digitalchromakey]

Don't want to give anybody false hope but...

1) Thai immigration government worker told it, my wife called for it, along with other questions we had.

2) The following info comes from a legal office in Thailand and has advertisement on this forum.

(also had personal contact with them a while ago, very helpful guy, really)

Some extra info from their website:

(6) In case of the applicant who is married to a Thai wife, one of them or both of them need to have the total annual income that is averaged out not less than 40,000 Baht per month. Except for the case that the said foreign national has entered Thailand before this Order is enforced and the foreign national has been permitted to stay in the Kingdom by the result of having married to a Thai wife, then if the applicant does not have the said income, then, the latest 3 months records of the account book of any Bank in Thailand with the account name of either or both parties need to have the amount of money not less than 400,000 Baht.

Is it true or not? It's not me who has to decide about it, however ... two sources indicate the same. And as stated, one is a legal services provider

doing this as a business and the company is well known and also advertises here so I would think the info would be correct.

The way I did it... the (i think) most common used way... I have enough money in a bank account on my name.

The regulation you quote is unfortunately two years out of date

Current regulations 777/2551

Case 2.18 In the case of a family member of a Thai

Grounds for consideration Clause (6)

In case of marriage to a Thai Lady, the husband who is an alien must have an average income

of not less than 40,000 Baht per month or a money deposit in a local Thai bank

of not less than 400,000 Baht for expenses within a year.

[TheNoob]

Well... I've emailed the company regarding this issue. When I get a response I'll update it and hopefully clear misunderstandings.

Maybe I'm wrong, but I'm only basing myself on info from Third parties...

[mca]

As mentioned the current regulations are 777/2551 which superseded the one the OP posted.

A quick google reveals the the regs posted by TheNoob do come from a forum sponsor (no names no pack drill) but the regs posted are the out of date ones which is a bit remiss of them.

Under the old regs as mentioned on the sponsor's site you can extend using your wife's income. I used to but haven't been able to do that since the new regs came in. That's at 2 different immigration offices.

Edited September 14, 2010 by mca

[Lite Beer]

Yes. Since the change in regulations on 25th November 2008 it has to be the husbands income or savings.

[lennya12threh]

And if it is an American lady married to a Thai man does it stay the same?

[Lite Beer]

And if it is an American lady married to a Thai man does it stay the same?

In this case the Lady does not need any income or savings.

The Thai Husband has to show that he can support her but the money levels are a lot lower.

[lopburi3]

The official requirement per 777/2551 for wife of a Thai would be:

(1) The alien has obtained a temporary visa (NON-IM)

(2) Proof of family relationship

(3) In the case of a spouse, the marital relationship shall be de

jure (legitimate) and de facto;

[TheNoob]

It's correct... the info given to me seems outdated.

I contacted the legal office that sponsors here and another one. In the email they both say the same and it's like mentioned here about the new rules that the alien husband must provide either income of 40.000 or no less than 400K on a bank account or a combination of both.

Legal Office 1 replied:

1.You can use the Thai bank account with 400,000 baht in your name only.

2. You can use the monthly income of 40,000 baht in your name only.

3. You can use a combination of both and must be in your name.

Legal office 2 replied:

The same as above and added the following info; However, if the foreigner is in fact a woman then there are different rules. In this instance the foreigner would not be required to provide evidence of any finances as the Thai husband would be expected to support his wife.

I've contacted the legal office referring to their info on the website to check it, so future visitors would not get the wrong impression.

I guess calling to Thai immigration referring to the fact they gave me old info would not make a big difference i think

[TheNoob]

As mentioned the current regulations are 777/2551 which superseded the one the OP posted.

A quick google reveals the the regs posted by TheNoob do come from a forum sponsor (no names no pack drill) but the regs posted are the out of date ones which is a bit remiss of them.

Under the old regs as mentioned on the sponsor's site you can extend using your wife's income. I used to but haven't been able to do that since the new regs came in. That's at 2 different immigration offices.

Since you used to be able to do that... use wife's income... ain't you able to continue doing it then? I've been told that you stay under that old law then. Or is it again wrong info given to me?

[Lite Beer]

Legal Office 1 replied:

1.You can use the Thai bank account with 400,000 baht in your name only.

2. You can use the monthly income of 40,000 baht in your name only.

3. You can use a combination of both and must be in your name.

The above information is wrong.

It has to be Income OR Bank Balance.

It CANNOT be a combination of the two.