Non Imm O Visa (Thai Wife), Work Permit And Extensions

[Madivad]

G'day everyone, haven't been posting long (2nd post), but been reading this forum for a while. I was reading the sticky the other day re visas and extensions and am just a little confused about the money side of things.

I applied the other day and got my first Non-Imm O visa (by marriage) at the Thai consulate in Sydney. it's a 12 month multi-entry visa (so 15 months available as I've read), but I only had to show our marriage certificate, her details (ID card and family book), and pay the fee. There were no questions as to my income or anything like that.

Q1. Is the income side of it only applicable to the extensions?

I will be depositing funds into a Thai account I open when I land so I should be right for the first extension if everything goes well. If not (the money may arrive a little too late), I can make my first trip to Singapore and visit a friend at the 3 month mark - in which case, I'll be right for future extensions.

Q2. Non Imm O type by marriage, does that mean each year I can apply at immigration (ie, inside the country) for a 1 year extension? (and this is where I also need to show funds?)

Q3. in light of Q2, I don't ever need to get another visa, just extensions, yeah? And in theory, I never need to leave the country again?

Q4. This visa is multi-entry, so everything is good for the first year, but I understand the process that after the first year I get the extension and immediately apply for a re-entry permit. And this can be multiple re-entry as well, yeah?

I have been to Thailand a few times in the past, always just on Visa-Exempt, or Visa on Arrival entries. I am in the process of buying a business (a hotel), which is a leased building. The cost of buying the business is sufficient for the monetary value (I just tried to find it again, can't - I think it was 1 or 2 mill baht), but this is more good-will than physical assets. There are four Thai staff, I am the only farang. It is a hotel, and the work permit is only so that I can manage it without a problem. I've heard and read the fact that I am just sitting there outside of the bar, could be constituted as me running the place and I should get the permit. I have also read that a farang getting a work permit for a hotel is next to impossible (just remembered I read this via the bangkok post a few months back).

Q5. My wife will be doing the day-to-day managing/running of the place, but I obviously will be over-sighting it. Do I really need to get a work permit? (I know the people before me never worried about it, but I just want to make sure I am dotting my i's and crossing my t's).

Just making sure I know all the in's and out's before it happens, but I think I'm playing by the same rulebook.

Thanks in advance

Mad (by name, not by nature <G>)

[Lite Beer]

Regarding your Visa.

Depending on what Consulate you apply at financial proof is often not needed.

To extend at Immigration you need financial proof.

(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.

You can apply for the 12 month extension within the final 30 days of any permision to stay. 1,900 Baht fee.

You then extend every year with no need to leave the country or get another Visa.

Multi Re Entry Permit costs 1,900 Baht.

[lopburi3]

1. Financial proof of 400k or 40k income is required by Immigration for extensions of stay in Thailand. First time will need 2 months in bank account.

2. Yes but it is called a Thai Wife extension of stay. The non immigrant visa entry is just needed for first application.

3. Correct - and if doing it early you only needed a single entry non immigrant O visa to start the process.

4. If you are going to use the visa you will have to exit every 90 days or less until extension of stay. At that point you will need re-entry permit to keep extension of stay alive if you travel.

As for buying hotel you are aware foreigner can not own land so expect you will be using a Thai company and getting a work permit to manage hotel. Believe there are many foreigners with work permits for such (not sure of exact wording).

5. If you are working in any manner it is best you make it legal. Hotels do get noticed and inspections are going to be made.

[Madivad]

Thanks guys. I think I'm on the right track so far. One reason I want to go the work permit route is that te 40000฿ can then come from my own business (I'm thinking)

Although buying the business, I'm only leasing the building. So I don't own any land. I'm just sure I read somewhere that the business must have either a value, income or assets inthe 1-2 Mill THB. I can't remember what or where I read it. This maybe my problem. Income is fine, assets are probably a problem as is value, since it's mostly good will.

Thanks again guys

[Mario2008]

if you just want to start a business for the work permit, you might be better of just depositing 400,000 in the bank.

You cannot own a company in Thailand, you must have a Thai co-owner who has the majority in the company. If you work in your wife's business it would have some advantage, as the rules are less strict regarding the number of Thai's needed to be employed and needed capital.

For the first two years you would not get a 1 year extension, as a new compnay cannot provide the necesarry tax documents till it exisits for 2 years.

Managing a hotel is no problem, provided you have a work permit.

[Madivad]

if you just want to start a business for the work permit, you might be better of just depositing 400,000 in the bank.

You cannot own a company in Thailand, you must have a Thai co-owner who has the majority in the company. If you work in your wife's business it would have some advantage, as the rules are less strict regarding the number of Thai's needed to be employed and needed capital.

For the first two years you would not get a 1 year extension, as a new compnay cannot provide the necesarry tax documents till it exisits for 2 years.

Managing a hotel is no problem, provided you have a work permit.

I can deposit the money in the bank, there's no problem with that, the problem is I want to go by way of getting a work permit for a company that my wife and I will both own.

It is an established company, and the previous owner and I are simply (if there's such a word) changing the names of directors from his to mine, and his partner's to my partner's. The company may still however not have existed for two years and I'll speak to him tonight (I don't know if he started the company, or the previous owner he bought it from).

What would be the next step (after having got the visa, deposit any required funds, change company details, etc etc), that I would need to do to get a work permit? I am supposing I need to change my visa to a Non Imm B first? and then go for the work permit? If the company is not established for two years, what is my next option? I get a new permit every three months?

Thanks again peoples

[Mario2008]

I'm no expert on starting a business, but you don't need to get a new visa. You are currently on a multiple non-O visa based on your wife and you can get a WP on that as well. You only have to leave the country every 90 days. If you want a 1 year extension of stay you will have the option to choose the reason for your extension. It will either be married to a Thai national or working. Marriage requires 40,000 a month (can be from abroad) OR 400,000 in a bank account in Thailand for 2 months. Based on employement you would need to show a certain income, depending on your nationality. For most western countries that would be 50,000 a month. (This is required for an extension of stay from immigration, not for the work permit!)

If you can show the requirements for an extension of stay bassed on marriage there would be no probem with your permission to stay.

As soon as the company is in your wife's name and yours you can start getting all the paper work together and apply for the WP.

[lopburi3]

What you do want to be sure about is the financial background of the company. If you do not even know how long it has been established I would suggest you take a very close look before you leap. That company could have major debts.

[Madivad]

Excellent info from both you guys. Thanks!

I had got myself into a rut about visas and work permits and didn't think about the fact I can just stick with the marriage one. Sometimes I forget there is a line of separation between visas (Inc visa types), extensions and work permits. This isn't an easy topic!

And lopburi3, I have known the current owner for more than a year an he's only had it himself for about a yer and a half himself. Again, good info though and good food for thought. Because although we have discussed day to day running costs, I have never specifically asked about outstanding debts. I'm sure there aren't any, but not asked.

Thanks again people.

[Colabamumbai]

I have a work permit to manage a hotel.

[Madivad]

Hey guys, just coming back to this...

I've been looking into the work permit and the company side of things and have more questions:

1. A company in Thailand has to have at least three people forming it (from my understanding). Is there any way or option of only having 2? I have asked around and it appears that most people I have spoken to use phantom board members/shareholders, albeit specifically mentioned in the rules that they do check for this. I don't really want to a) have phantom people listed, involve other people at any rate. I want it to be our company (my wife and I), I don't want to involve someone else. Is this possible?

2. I have read the company must have 2,000,000฿ in capital for each foreigner employed, 1,000,000฿ if married to a Thai. But this hotel is only small. It has rooms barely in the double figures, but I'm only leasing the building, and all assets don't meet the 1,000,000฿ needed for a work permit. Do I have any other options?

[TerryLH]

"Multi Re Entry Permit costs 1,900 Baht."

Have they reduced the fee for this, or were you thinking of the visa extension when you typed that?

[riskfreezone]

4. If you are going to use the visa you will have to exit every 90 days or less until extension of stay. At that point you will need re-entry permit to keep extension of stay alive if you travel.

Hi,

Very useful information and probably cristal clear for most, though I am not an English speaking native...

To clarify, as from 2nd year, does the re-entry permit require to leave the country every 90 days or is it valid for a full year stay without leaving?

Thank you,

Stef

[Madivad]

Stef,

Close, but the permit only keeps the extension alive. Back in the first part you quoted it mentions extensions of stay. This is what allows you to stay in the country, not the re-entry permit.

I haven't done this, just paraphrasing what I've learned:

1. The first time you go over you get your visa, for me Non Imm-O -- with this can live in Thailand for up to 15 months, but must leave the country every 90 days

2. In the first 90 days get an Extension of Stay. This allows you to not have to leave every 90 days. But AT THE SAME TIME as getting the extension of stay, grab yourself a reentry permit. The EoS is only valid for as long as you're in the country. Leave for any reason and you have to do it all again. The re-entry permit allows you to come and go on the EoS without harming/losing it. If you never have to leave the country - which the EoS entitles you to not do, you don't really need the re-entry permit

3. When the first year runs out, go and get yourself the next EoS and reentry permit. I believe it's the same process as the first, but I'm not 100% on that point. But in effect you could stay forever in Thailand if you went this route.

Two caveats:

1. Although you don't have to leave the country, you still have to report every 90 days, and

2. You still need to satisfy the conditions of the EoS each and everytime (ie monies in the bank, etc)

Good luck

[lopburi3]

A non immigrant O visa only allows a 90 day stay.

[digitalchromakey]

Hey guys, just coming back to this...

I've been looking into the work permit and the company side of things and have more questions:

1. A company in Thailand has to have at least three people forming it (from my understanding). Is there any way or option of only having 2? I have asked around and it appears that most people I have spoken to use phantom board members/shareholders, albeit specifically mentioned in the rules that they do check for this. I don't really want to a) have phantom people listed, involve other people at any rate. I want it to be our company (my wife and I), I don't want to involve someone else. Is this possible?

2. I have read the company must have 2,000,000฿ in capital for each foreigner employed, 1,000,000฿ if married to a Thai. But this hotel is only small. It has rooms barely in the double figures, but I'm only leasing the building, and all assets don't meet the 1,000,000฿ needed for a work permit. Do I have any other options?

For only two persons consider a Thai Limited Partnership where a Thai is the Managing Partner and you are the minor partner.

Capitalisation is only notional on registration and only requires payment of a fixed fee per million Baht capital registered, although you will be expected to show that amount of investment over a period (can be intellectual capital, assets, trade marks, etc).

[Madivad]

A non immigrant O visa only allows a 90 day stay.

But mine is by marriage, therefore I have a 12 month Non Imm O. I do have a few mates who also have 12 month O visas and they're not married, but I've never asked how or why.

And thanks digital' for the other post re thai ltd company. I'll sit down with a solicitor/lawyer on Thursday

[Lite Beer]

Any Non Imm Visa allows a stay of up to 90 days.

You have a Multi Entry Non Imm O Visa which gives unlimited stays of up to 90 days each entry.

Valid for a year.

[lopburi3]

The visa only allows a 90 day stay. What you have is a multi entry visa which allows up to 90 day stay for as many entries as you want for a period of one year from date of visa issue. If you intend to extend you stay during the first 90 day entry there is no reason to spend 5,000 baht for that visa when a single entry at 2,000 baht would be just as good.

[riskfreezone]

Thank you all, I got it.

Extension + re-entry permit is the route :-)

Last question, could you elaborate on:

Two caveats:

1. Although you don't have to leave the country, you still have to report every 90 days,

Do we have to report to the immigration office, if yes are there several offices around LOS or is it in BKK and do we have to go there physically?

Thank you,

Stef

[lopburi3]

You only have to report your address if staying longer than 90 days. You do that at the immigration office you obtained extension of stay from and most accept in person, a second party doing or by mail. You fill out a TM.47 form. If you leave before 90 days in country no report is due until 90 days after return. So those that travel often may never need to make such reports.

[riskfreezone]

Waow, you are very responsive, top notch forum!

Thank you,

Stef

You only have to report your address if staying longer than 90 days. You do that at the immigration office you obtained extension of stay from and most accept in person, a second party doing or by mail. You fill out a TM.47 form. If you leave before 90 days in country no report is due until 90 days after return. So those that travel often may never need to make such reports.