Non-Imm B Visa From Vientiane

[simon43]

I've been studying conversational Chinese on a 90 day ED visa, prior to the opening of my new little hotel in Phuket.

Now the building work is nearing completion and I have registered a Thai limited partnership company with my wife as the director/major share-holder. This entity will be used as the legal owner of our new hotel business.

I have not yet applied for a work permit, since I'm still completing my Chinese studies. But is it possible to obtain a 90 day B visa from Vientiane, based upon the registration of our limited partnership?

My plan would be to obtain a 90 day B visa, then apply for the WP (when the hotel opens), and then apply to extend the 90 day B visa, (or apply for a 1 year B visa after I have my WP and the hotel is open).

Advice/info re Vientiane Embassy is much appreciated.

Simon

[ljerams]

Have you checked how many Thai Staff you need to obtain a Work Permit?

I think around 4 to 6 but don't know the precise details.

[TerryLH]

It used to be you needed to apply for a WP before they'd give you a visa.

The Labor Office would give you WP3 to show that you applied and qualified for the WP.

After you get the visa you would return to the Labor Office to actually get the WP.

Not sure if you qualify until the business is further along.

I'd suggest you contact the Labor Office and talk about this with them.

[Maestro]

Correct. Simon, you can apply for your work permit already now, while your are in Thailand on your non-Ed visa. Then go with the WP3, ie the receipt for your work permit application, and the necessary company documets to any Thai consulate to get a single-entry non-B visa, if you later want extensions of stay based on employment.

You mentioned a wife, but not her nationality. If she is Thai, you have the option of getting extensions for living with your wife.

[wayned]

Just for clarification, if he applies for a WP and gets a WP3, then extends his visa for marriage purposes(all requirements fulfilled) can he be issued the work permit on the marriage extension? I know that you can't work on a retirement extension,. In the past, immigration cancelled your marriage extension and issued a new extension that was tied to the WP(at keast that's what they did to me), but since they changed the rules where the WP and visa are no longer tied together can he work on the marriage extension?

Correct. Simon, you can apply for your work permit already now, while your are in Thailand on your non-Ed visa. Then go with the WP3, ie the receipt for your work permit application, and the necessary company documets to any Thai consulate to get a single-entry non-B visa, if you later want extensions of stay based on employment.

You mentioned a wife, but not her nationality. If she is Thai, you have the option of getting extensions for living with your wife.

[simon43]

Thanks for the advice. My primary question was whether it is possible to obtain the initial 90 day B visa prior to having the WP application receipt, (ie, only with company papers and letter of invitation to work from the director ==> my Thai wife)?

Years ago, I was able to obtain a 1 year multi B visa without having any WP at all, but on the basis that I was either 'investigating' work opportunities in Thailand, or was a non-working shareholder in a Thai company. I obtained such visas for 4 years running, but I'm aware that the rules have been tightened up.

The reason for wanting to obtain the B visa prior to applying for the WP is simply down to time constraints - my 90 day ED visa expires next week.

Simon

[Mario2008]

Based on your Thai wife you can get a 60 day extension on your ED-visa to give you some more time. Alternatively you can apply for a non-O visa based on that, instead of the non-B (not much change for that one without wp3 form). Savanakhet will even issue a multiple non-O based on your Thai wife.

[simon43]

@Mario2008 - thanks for this useful information. Can you clarify this a bit more?

A 60 day ED extension is presumably applied for in Thailand, (at my local Phuket office). But on what grounds is the extension applied for? because I am married to a Thai? Note that I have minimal funds in the bank (all recently spent on building a new hotel!). Does Savanakhet need proof of funds etc to issue a multiple O?

FYI, I'll collect my new company papers today from my lawyer and start the WP application process. But I need to prepare supporting documents, (employee documents etc etc), and so a 60 day 'holiday' would suffice whilst i'm getting these papers together. I'll drop by Phuket Immigration and see what they say also.

Simon

[lopburi3]

It would be a 60 day extension to visit wife of current entry. But I am not sure if you are on a 90 day entry or the normal 90 day extension of stay for language study? Yes you would obtain from local immigration office with wife and marriage proof (no financials). Savannakhet seems to be approving multi entry O without financials check at present.

[simon43]

OK, I struck lucky today: My existing 90 day ED visa (not extension) that I obtained in Vientiane, for studying Chinese language, was today extended at Phuket Immigration by 60 days on the basis that I have a Thai wife and child. No proof of funds required - just my happy face.

I also obtained my new limited partnership company papers and now have 60 days to sort out a work permit and B visa.

I do not want to go down the route of marriage visa. I rarely have 400,000 baht in the bank and I change wives too often.

I prefer to obtain a B visa and then to extend this if possible, based upon business profitability etc. My longterm plan would be to apply for Thai citizenship after a suitable period of time. (I have lived in Thailand for 10 years, and this was my plan with my previous wife/hotel - but the wife bit got somewhat scuppered along the line - hopefully I will have better success this time round).

Would my first step be to change my new 60 day visa extension to a B visa? And then apply for the WP?

Simon

[lopburi3]

You should be able to apply for the WP without having a B visa (often the receipt is required to obtain the visa). As extension of stay for work requires a years tax records if you insist on using work/B visa you may be making a number of visa trips every 90 days for up to two years before able to extend. Even with your spotty track record the marriage might make more sense if you can swing it.

[digitalchromakey]

OK, I struck lucky today: My existing 90 day ED visa (not extension) that I obtained in Vientiane, for studying Chinese language, was today extended at Phuket Immigration by 60 days on the basis that I have a Thai wife and child. No proof of funds required - just my happy face.

I also obtained my new limited partnership company papers and now have 60 days to sort out a work permit and B visa.

I do not want to go down the route of marriage visa. I rarely have 400,000 baht in the bank and I change wives too often.

I prefer to obtain a B visa and then to extend this if possible, based upon business profitability etc. My longterm plan would be to apply for Thai citizenship after a suitable period of time. (I have lived in Thailand for 10 years, and this was my plan with my previous wife/hotel - but the wife bit got somewhat scuppered along the line - hopefully I will have better success this time round).

Would my first step be to change my new 60 day visa extension to a B visa? And then apply for the WP?

Simon

You can file your WP application with the relevant papers, (the current WP1 application form now allows for a WP while employed by a Juristic person) then get a WP3 receipt (and also it's worth getting the WP Acceptance Letter signed by Khun Noppadom at Phuket Labour, which is currently required by Penang) then go to KL for a Single Entry Non Immigrant B Visa.

Phuket Labour will 100% not issue a WP against the 60 Day 'Visiting Thai Spouse' Extension and Phuket Immigration will not convert to a B visa (or a one year Marriage) without a WP - Catch 22.