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Posted

I have done some research online into this and would like clarification whether I have understood the immigration process correctly. I hope many of you who are familiar with the Thai immigration system could offer some help and guidance on this confusing topic.

I am a Thai female married to a European male and we have lived in the UK as a married couple for 7 years (we met here). We are considering moving to Thailand in the next year.

Our plan is that my husband and I will work for my family business. So, here is my understanding of what we need to do:

1. Apply for a Non-Immigrant O visa in the UK

2. Once we arrive in Thailand then the company will start the ball rolling on the Work Permit application

3. Assuming WP is granted, he can start working and then needs to report to Immigration every 90 days

Now the parts which remain unclear to me are:

1. From what I have read, even if he gets a Non-Imm O visa on a multiple entry basis, with 1 year validity, he will need to get a re-entry permit before he leaves the country within that year. What is this re-entry permit?

2. Can he extend the Non-Imm O visa in Thailand each year or does he need to do this in the UK or his home country?

3. Providing he is allowed to extend the Non-Imm O visa in Thailand, is there a requirement for him to leave the country at any time?

I would be very grateful if anyone can help me. I really do not understand what the Re-entry permit is and what purpose it serves.

I thought UK/EU immigration rules were hard to follow until I started reading up on the Thai one.

2.

Posted

1. NO. If he gets a multi-entry non-immigrant visa he only needs to get a re-entry permit once he has obtained an extension of stay. He must however leave the country every 90 days.

2. YES. Either on the basis of being married to you or on the basis of working.

3. NO. Once an extension is granted he need never leave the country.

NOTE. If he has a firm job offer (as it seems he does) it would be wise for him to get a non-immigrant B (business visa) as some labour offices seem unwilling to grant work permits against O visas. He still has the option of extending on either a marriage or work basis.

Have a look at one of the consulate websites for the requirements for each visa, this one is Hull http://www.thaiconsul-uk.com/

"I don't want to know why you can't. I want to know how you can!"

Posted

You mentioned that you and your husband would be working in the family businees, but you didn't specify what that business is. Just remember that Under the Alien Employment Act some occupations are closed to foreigners and are reserved for Thai nationals only.

Posted

Hi Crossy

Thank you for your prompt response. Thanks for the advice about the benefit of Non Imm B route. I think I will take your advice on this one as it will not be a problem getting the necessary paperwork together.

I was not anticipating that he would need to leave the country every 90 days. Is there a way round this?

Also from the link you provided the Consulate will only grant a single entry visa based on a job offer. They did not specify the period of validity. I guess when we get there he applies for the work permit straight away. Once granted, what next?

Sorry if the questions seem stupid but I can't seem to get my head around this conundrum.

Posted

Hi Wayned

There are a few parts to the business but we mainly manufacture wood products like prefabricated houses, staircases, etc. We recently expanded sales to neighbouring countries & are now targeting the European market so we are looking at a title like 'international Sales & Marketing Director', or something similar for him.

We import the timber so are not involved in forestry. This should be ok, right?

Please let me know if the above sounds like it should be ok, or have I totally got the wrong end of the stick?

Our main objective is to move to Thailand and the family fully supports this and would do pretty much anything to satisfy immigration requirements.

Posted

Also from the link you provided the Consulate will only grant a single entry visa based on a job offer. They did not specify the period of validity. I guess when we get there he applies for the work permit straight away. Once granted, what next?

Yes, it seems that only singles are now available against a job offer.

The visa will be valid for 3 or 6 months and will net a 90 day permission to stay on arrival. If the company get started on the WP paperwork now (talk to the labour office if they've not done it before) that should be plenty of time to organise a WP. If you do run out of time he can get a 60 day extension for being married to a Thai.

Once the WP is in place a visit to immigration will be needed to get a 1 year extension.

After that there is no need to leave the country, however he must report his location to immigration every 90 days.

NOTE Once he has his extension if he does need to leave the country (on business perhaps) a Re-entry Permit is required, I always get one when I do my visa extension.

"I don't want to know why you can't. I want to know how you can!"

Posted

Requirements for applying for a 12 month extension based on Marriage

(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.

Letter from your Thai Bank showing balance and up to date bank book.

OR.

Letter from your Embassy showing income. Now may also need proof of income as back up.

Marriage Certificate

Marriage Registry entry.

Wife's Tabbien Baan and ID Card.

Your Passport.

Copies of everything.

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

A map showing the way to your house.

Passport size photos and 1,900 Baht fee.

Take your Wife to be interviewed.

You will be given a 30 day under consideration stamp.

Go back in a month and get the remainder.

Posted

Hi Wayned

There are a few parts to the business but we mainly manufacture wood products like prefabricated houses, staircases, etc. We recently expanded sales to neighbouring countries & are now targeting the European market so we are looking at a title like 'international Sales & Marketing Director', or something similar for him.

We import the timber so are not involved in forestry. This should be ok, right?

Please let me know if the above sounds like it should be ok, or have I totally got the wrong end of the stick?

Our main objective is to move to Thailand and the family fully supports this and would do pretty much anything to satisfy immigration requirements.

I only posted this as a "heads up". I'm certain;y an expert in any way, but it looks okay to me. Here is a list of prohibited occupations and minimum salary requirements by country. Good luck!

Prohibited occupations and minimum salary requirement.doc

Prohibited occupations and minimum salary requirement.doc

Posted

As said extension of stay can be marriage or work. In this case work may be easier (we normally recommend marriage because then the job can not threaten you with loss of stay but in this case that should not be an issue). As a substantial and established company the business route should be easy (income of 50k I believe is required) and not require you both appear each year as he can do himself.

The re-entry permit is 1,000 baht or 3,800 baht for multi entry. If allows return for the same permitted to stay until date as you have when the re-entry is obtained (you put that information in visa section of arrival card).

Posted

Thank you so much for your advice. I am most grateful for your help and now understand the steps much more clearly.

I think Non-Immigrant B sounds the better choice for the initial application and future extensions as I am a little put off by the list of evidence for Non-Imm O that Lite Beer kindly posted. (Photos of us in and around the house? Are they for real?!?).

Another immigration aspects of the move that I am considering are what if I die; the marriage breaks down; or if it turns out he hates the job. I want to make sure that I have put a plan B in place whereby he can stay in Thailand (should he wishes to) without mine or the family's help.

We are thinking of starting our own business venture on the side. I understand that the initial investment must be a minimum of 2 million baht and employ at least 4 Thai people. (I know that it's 1 mil if he is married to a Thai but this is to cover the events of my death or marriage breakdown).

1.Does it always have to be a brand new company or can we buy one of the existing businesses from someone else that satisfies these requirements?

2. Is it right that he can only own a maximum of 49% of the shares in this company?

I know you cannot plan for every scenario but I want to make sure that we at least a plan B in place. It will be challenging enough to adjust to our new life I don't want him to feel trapped in the situation. Just trying my best to secure the best future for us as a family and am aware that it's a big ask for him to pack up and follow me around the world. Once the initial excitement wears off I don't want the lack of options to make him unhappy.

Thank you for your help again guys.

Posted

We didn't mention the home visits (yes they can and sometimes do visit you in home as well as require photos). As for company I would highly advise not buying an operating company as it is next to impossible to protect yourself/find all debts and there is no need for doing this as his current visa extensions are covered (new company can not support extensions until second tax year). I am not involved in companies but I would from reading advise opening a new company. As non USA national he will be limited to 49% I believe.

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