Going From Work Permit Visa To Marriage Visa...

[femi fan]

Do any posters have direct experience of this?

I'm on a non-imm b type visa from several years ago that keeps getting extended each year to match my work permit.

However, i want to leave my work next year and not get another paying job. I would like to hopefully go to immigration (i'm in chiang mai) and get my annual extension off the same visa, but for marriage reasons rather than the usual work reasons.

I understand i will have to have 400,00 baht in the bank as part of the process, but am really wondering two things:

will i be able to gain an extension to a 'b' type visa for marriage reasons, or will i have to get another kind of non-imm visa?

what other posters' experiences are from going through the same process?

I know i can just go down to the immigration near me, but it's often invaluable getting to hear about people's experiences who have the same situation in life.

So, any takers?!

[lopburi3]

You must cancel your current extension of stay on the day your employment ends. You then apply for a 7 day extension of stay for packout and should be able to make the application for a Thai wife extension of stay then. Remember to have the 400k in bank at least two months. If you forget (or it happens suddenly) a 60 day extension is normally available to visit wife and that would allow time. You should not need to leave.

[InterestedObserver]

The day you quit your job you have to report to immigration and they will cancel your extension of stay based on working. You then immediately apply for an extension of stay based on being married to a Thai lady. You should not have to get a new non-immigrant visa. The 400,000 baht must be in a Thai bank for 2 months.

[femi fan]

Hey thanks for the input so far! I never knew about the two months bit, so that's great to hear about.

It shouldn't happen suddenly at all because i will have to give two months notice, and i know they will want me to work that time. I have assumed all along i will have to immediately inform immigration and then only get seven days to get my act in order. I was just hoping that i wouldn't have to leave the country and could use my existing non-imm b type visa to transfer over to marriage extensions.

I don't suppose there's any work permits for those who wish to earn their money from writing and photography is there??!! And if not, then how am i supposed to pay taxes...??!

[digitalchromakey]

That you originally had a non immigrant B visa is no obstacle to your changing the basis for your Temporary extension of permission to stay from Case 2.1 [business such as employment] to Case 2.18 [Thai Family(Spouse)].

When you are next due to renew then you should present your TM. 7 with the paperwork for marriage and it should be straight forward; providing you have not changed jobs and you can show that you have paid taxes on an income greater than 40,000 THB pcm then you don't need 400K in the bank either.

If this process is undertaken before you change jobs then you don't have to leave Thailand when your current job ends.

In this case your new extension would also preserve your right to apply for a Work Permit with your new job as well.

[TerryLH]

"And if not, then how am i supposed to pay taxes...??!"

I don't believe the Revenue Office even asks if you have a WP. I don't think they care, either.

You'd still need the form from any company paying you any money.

As pointed out above, you can get a WP with an extension based on marriage.

[PoorSucker]

From Police order 777/2551

2.18 In the case of a family member of a Thai(applicable only to parents, spouse, child, adopted child or child of his/her spouse):

Permission will be granted for a period of not more than 1 year at a time.

(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 dejure (legitimate) and de facto;

(4) In the case of a child, adopted child or child of his/her spouse, the said person must not be married, must be living with the family, and must be less than 20 years of age; or

(5) In the case of a parent, one of parents must have an average annual income of not less than 40,000 baht per month or a money deposit of not less than 400,000 baht for expenses within a year.

(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.

Note: Two months first extension after that 3 months

Documents needed:

1. Application form T.M. 7 with one photograph size 4x6 cm. and Visa Fee 1900.-Baht

2. Copy Marriage Certificate

3. Copy Kor Ror 2 from amphur office (not older than six months)

4. Child's birth certificate (if any)

5. Copy wife’s house registration

6. Copy wife’s identity card

7. Copy passport, non-Im visa, arrival card.

8. Interview the husband and wife for confirming status of husband and wife

9. Map to residency

10. Picture of house and family, in house and outside showing house number.

With money in bank option.

1. Letter from bank same day or day before stating bank records, make a transaction just before to get it up to date.

2. Bank account must be in Husbands name, joint accounts will not qualify.

With Income option

1. A copy of work permit

2. Personal Corporation income Tax (PND.1) in latest 3 months and personal income tax for previous year with receipt

If not in Bangkok, all of the above in two copies

[Sirdar]

That you originally had a non immigrant B visa is no obstacle to your changing the basis for your Temporary extension of permission to stay from Case 2.1 [business such as employment] to Case 2.18 [Thai Family(Spouse)].

When you are next due to renew then you should present your TM. 7 with the paperwork for marriage and it should be straight forward; providing you have not changed jobs and you can show that you have paid taxes on an income greater than 40,000 THB pcm then you don't need 400K in the bank either.

If this process is undertaken before you change jobs then you don't have to leave Thailand when your current job ends.

In this case your new extension would also preserve your right to apply for a Work Permit with your new job as well.

I have a not to dissimilar problem. I have been married to a Thail lady for sevenyears and the law fim I first hired put me on a retirememnt VISA. I have been getting a letter from my Embassy to prove I hafve an income from my pensions to comply with the Thai law, but now wuith crazy exchange rates I am struggling. I want to change to a marriage VISA from a retirement VISA is this possible?

[femi fan]

That you originally had a non immigrant B visa is no obstacle to your changing the basis for your Temporary extension of permission to stay from Case 2.1 [business such as employment] to Case 2.18 [Thai Family(Spouse)].

When you are next due to renew then you should present your TM. 7 with the paperwork for marriage and it should be straight forward; providing you have not changed jobs and you can show that you have paid taxes on an income greater than 40,000 THB pcm then you don't need 400K in the bank either.

If this process is undertaken before you change jobs then you don't have to leave Thailand when your current job ends.

In this case your new extension would also preserve your right to apply for a Work Permit with your new job as well.

Many thanks for your time in helping me. Can i just confirm a couple of things?

Firstly i'm so fed up with paid employment i'm not planning on getting another job! I want to earn my own money from my own writing and photography.

So, can i check with you this bit about whether i need the 400,000 in the bank or not, both now and in future extensions...

my work permit and visa expire start of june, so i assume that since my salary is just over the 40k mark my tax records for this year will suffice for the extension of stay, and no 400k needed in my bank.

However if i leave my job in march, i will need to get an extension at that time. Will the tax records still be okay instead of the 400k? Logic tells me yes, but i'm wary of relying upon logic over here!

And then when i come to request an extension in 2012, of course by that time i will have had a year of no official earnings, so i assume i will then need to have the 400k in the bank?

If my assumptions are correct, then i will only gain one year's worth of time without needing to put 400k in my bank, so not of much advantage!

[femi fan]

Poorsucker, thanks for your help too.

I'm left wondering by what you posted too...

why would a married person who has a work permit get his visa through being married, rather than through his place of work?

Unless of course i can get a work permit for being a self-employed writer who pays his taxes on his earnings, thereby showing i can support my wife. What i suppose i'm really getting at here is can i get work permit even though i'm not working with any thais? Getting my marriage visa extended each year would then validate my work permit, at least the way i've understood work permits.

Any clues?!

[femi fan]

"And if not, then how am i supposed to pay taxes...??!"

I don't believe the Revenue Office even asks if you have a WP. I don't think they care, either.

You'd still need the form from any company paying you any money.

As pointed out above, you can get a WP with an extension based on marriage.

And thank you terry!

In light of my post just above this one, are you able to clarify it? You say i can get a WP from an extension based on marriage. Well, i have had a WP for many years, but had been expecting that once i left my workplace i'd then not be able to get another work permit unless i then got a job with another thai company. Are you saying that with a marriage visa i'm then allowed to apply for a work permit on that basis?

[lopburi3]

1. No you do not get a work permit for taking care of the wife. You must have employment to obtain. But that type of extension would allow a work permit to be issued if you found a job.

2. I seriously doubt Immigration will accept application for Thai wife extension of stay after your employment ends, regardless of tax payments. The requirement is 40k per month income which you will not have.

3. The reason people use marriage (Thai wife) extension of stay is that there is a bit less paperwork involved and it would not end with the ending of employment.

4. Unless you can establish yourself as a journalist expect you will have a hard time getting a work permit without employment or some type.

[digitalchromakey]

Many thanks for your time in helping me. Can i just confirm a couple of things?

Firstly i'm so fed up with paid employment i'm not planning on getting another job! I want to earn my own money from my own writing and photography.

So, can i check with you this bit about whether i need the 400,000 in the bank or not, both now and in future extensions...

my work permit and visa expire start of june, so i assume that since my salary is just over the 40k mark my tax records for this year will suffice for the extension of stay, and no 400k needed in my bank.

However if i leave my job in march, i will need to get an extension at that time. Will the tax records still be okay instead of the 400k? Logic tells me yes, but i'm wary of relying upon logic over here!

And then when i come to request an extension in 2012, of course by that time i will have had a year of no official earnings, so i assume i will then need to have the 400k in the bank?

If my assumptions are correct, then i will only gain one year's worth of time without needing to put 400k in my bank, so not of much advantage!

If you plan to leave your job before leaving your job, then your existing extension is immediately canceled and you must apply for an extension based on Thai Family (Spouse) and this would create a problem using the 40K salary route as you have just left your job!.

If your salary is 40K plus then immigration will want to see your Por Ngor Dor 91 for 2010 which will confirm tax paid accordingly on 40K+; however the problem is that you would need to produce a Work Permit to show that the 40K has been legally earned in Thailand and this you wold no longer have.

In your other posts you talk about Work Permits with Self- Employment, this combination is not possible for foreigners in Thailand, whether married or not..

To be self-employed, you would need to set up a company, maybe a Limited Partnership with your wife, which could entitle you to a Work Permit if certain criteria are fulfilled.

.

[femi fan]

Thanks! All clear now.

Still be interesting to hear any stories from people who have traded in their visa status via work permits to being married.

[dthomasss]

Thanks! All clear now.

Still be interesting to hear any stories from people who have traded in their visa status via work permits to being married.

I am in the same boat. My extension of stay is based on my work permit, but at the end of the year I am leaving my job and not sure if I will get a new job or retire, so I want to switch over now to marriage visa extension of stay. I meet all the criteria, and lawyer wants 15,000. Is it simple enough to do myself?

[Lite Beer]

Thanks! All clear now.

Still be interesting to hear any stories from people who have traded in their visa status via work permits to being married.

I am in the same boat. My extension of stay is based on my work permit, but at the end of the year I am leaving my job and not sure if I will get a new job or retire, so I want to switch over now to marriage visa extension of stay. I meet all the criteria, and lawyer wants 15,000. Is it simple enough to do myself?

Yes it is simple. Many of us do it every year without paying someone to fill a form in.

Save your money.

[lopburi3]

The only thing a lawyer can help with is check your documents are complete (and many don't have a clue - you would be much better served asking your office what they require or following basic lists posted here by recent applicants) - you and wife have to make the application yourselves and total cost is 1,900 baht for TM.7 form.

[dthomasss]

Thanks! All clear now.

Still be interesting to hear any stories from people who have traded in their visa status via work permits to being married.

I am in the same boat. My extension of stay is based on my work permit, but at the end of the year I am leaving my job and not sure if I will get a new job or retire, so I want to switch over now to marriage visa extension of stay. I meet all the criteria, and lawyer wants 15,000. Is it simple enough to do myself?

Yes it is simple. Many of us do it every year without paying someone to fill a form in.

Save your money.

Great. Is there a site that shows everything needed or will they tell me at Jomtien immigration if I just show up.

[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.

All offices differ a little but basically this is the list.

Kor Ror 3 (Marriage Certificate)

Kor Ror 2 (Marriage registry entry)

Wife's ID Card and Tabbien Baan.

Proof of income or savings. Letter from your Embassy if income from outside Thailand. Proof of tax payments if in Thailand.

Letter from Thai Bank confirming balance if using savings. Up to date bank book with the same balance.

Photos of you and your Wife in and around the house.

A map showing the way to your house.

Passport size photo. Passport

Copies of everything.

Take your Wife with you. She will be interviewed and fill a form in.

1,900 Baht fee.

You will be given a 30 day under consideration stamp.

Go back in a month and get your 12 month stamp.

The Immigration office will be able to tell you of any other local requirements.

[lopburi3]

Copies of everything (perhaps more than one if upcountry) will include Kor Ror 2/3 signed by both, wife ID and home register signed by her, your passport data and visa/entry/exit stamp and arrival card (and bank book pages if using) signed by you. Be sure home number is visible in at least one photo.

If residence is not wife she should transfer her home register there or you could be told to extend where her name appears.

[mca]

Here's a link to the exact paperwork, amount of copies etc. I supplied when I extended in Khon Kaen a couple of months back ( post number 10 ). That was processed with no requests for anything else at all, no extra copies of anything etc. I know it varies from immigration office to immigration office but what I supplied comprehensively covered all the legal requirements as stated by the immi regulations plus stuff I rememeber them requesting from previous years. Anything else would be a "quirk" of the particular office in question.

Edited November 17, 2010 by mca

[dthomasss]

Copies of everything (perhaps more than one if upcountry) will include Kor Ror 2/3 signed by both, wife ID and home register signed by her, your passport data and visa/entry/exit stamp and arrival card (and bank book pages if using) signed by you. Be sure home number is visible in at least one photo.

If residence is not wife she should transfer her home register there or you could be told to extend where her name appears.

Why would I have to go to her province for the visa when we live together in Pattaya?

[Mario2008]

Simple, immigration wants you to stay with your wife and your wife residence is where she is registered on the tabien baan. Some immigration offices will send you to apply where the wife is registered, others will accept a long term lease agreement showing she lives somewhere else with you.