Advice Please - Brit Female Married To Thai National - Work Permit/ Non-Imm 'o' Visa Advice

[longimanus]

Hi,

Thank you in davance for any help and please accept my apologies as I have been sat in front of a computer for what seems like hours - days - some time trying to get decent easy to understand information and may be found to be repeating previous questions.

I am British and my husband, Thai. We are both 35 years old. We got married nearly 7 years ago in Thailand and the marriage is registered at the amphur (I kept my own name) and in the UK, where my husband has travelled and worked with me previously...albeit brief...he has been here working whilst I have been 3 years in the UK undertaking a degree and studying/working in another country learning new skills I shall utilise in future business.

I have not been in Thailand for a number of years and each time I was here (to a total of approx 3 years I had never had a work permit - it was this time that me and my husband also met) and aside form once having a non-imm b visa I have always been using 1 month visa runs.

I would now like to stay and attempt to do things as correctly as possible (which I hope is not in the end to my own detriment!!). This year I would like to open a business and undertake a PhD however initally would like to apply for a non-imm 'o' visa as a dependant of my husband (of which I believe a change of country is necessary as i am too late for applying for a change of visa - I am on the 30 day get it when you arrive at the airport visa and arrived back from Philippines on NYE). His salary is currently less than 40k p/m however he is a land owner. I used to have a thai bank account here of which there may have been a small amounts of funds left in to try and keep it open but I currently just use his ATM if I need to access his account and his salary (our money, not that I pay in to it). This would entitle me to apply for a work permit as far as the immigration office have stated, however they have also informed me that the frelance work permit I have read that is available in Phuket does not exist and I have no firm offer from an individual company as would be usual. I also understand that it is usual to have a letter from the work and labour office when you make the non-imm 'o' visa to show that you have placed an application for work - I won't have done this I don't think as I have no firm offer from an individual company. We currently do not live at his poarents house which is where his house book refers to, nor rent anywhere just the two of us, we live in the office of a family member where my husband works.

So I have a few questions as I do want to F$^*K it up and get all the way to a consulate office/embassy in another country (probably Malaysia) and be turned down for some reason!

1) if I am a dependant do I have to have a work offer in the same way to secure a work permit?

2) Does this holy grail - the frelance work permit - actually exist? I have read that in Phuket it does, I have been told by immigration that it does not.

3) If I am applynig as a dependant via marriage on the o visa and want to work - do I have to place this letter with the work and labour office before I apply for the visa in Malaysia?

4) I read of men having to prove their ability to financially support their wife - is this the case with Thai husband/foreign wife? I read it was a joint income which we would satisfy if I were allowed to work however without the work permit I can't assist in us reaching the total required of 40k per month.......as an aside is money tied up in land the same as it is a seeable and utilisable asset? (who believes in banks these days?!)

5) Does it make any difference if I have not taken my husbands name? (This is changeable if necessary).

6) can anyone explain for me the tax and therefore true total amount of a visa/work permit for a year past inital set up of 1900 bht, extension 1900 bht and work permit set-up (which although having spoken to others who have them have told me they pay 30000 per year I have been told by the immigration office (IO) that I will pay just 3000 per year).

For the future -

Assuming we receive the visa and then I have to apply for an extension at the end of 90 days at the IO in Phuket town -

1) Is it then that we have to prove where we live and have a rent book or house book together or whatever, photos etc etc?

2) When we get interviewed I presume they will ask questions on how we met etc...how well do all the computer systems hook up to eachother as we previously were at the same company together . . . . I'm nervous of trying to do the right thing and shooting my self in the foot at the same time! So which is better - more honest (see real emotion) or less honest (and perhaps see two people a little shifty unsure of what they're supposed to say)?

3) I have read that post marrying me my husband is not freely allowed to buy land in his own country - is that really true?

4) In regard to land - can he not gift me land officially?

5) Does anyone have a quick opinion to guide me in whether a business should be opened here or in england? For example tax advantages etc - and if so my name, his name etc. We are both trust worthy.

6) In regard to business and living here more permanently than England but still also in other overseas locations....am I better to look at permanent residency?

7) So far all info I have found requires me to 'give up' my British passport which I will never do - in regard to citizenship - is this the case?

If anyone is still awake after reading this then I thank you for that alone, past that I am very grateful for any advice anyone can give. I am hoping to go tomorrow to the IO (although I'm already panicking about only having flipflops to wear) and then to leave asap for Penang.

Apologies for the wordiness - I'm sure I stopped myself from thinking of other questions I still had....and I am not lazy or stupid and promise I have been researching this topic before posting. Clarification of any points will obviosuly be given to aid answers wanting to be given. Thank you ka.

[Satcommlee]

Sorry I can't answer your questions but would just like to point out that because you are a foreign Female married to a Thai Male you have many more rights than a Foreign Male married to a Thai Female..

Most of the advice/articles you will read here will relate to Foreign Men and Thai Wives.

God Luck

[CWMcMurray]

One of the resident experts will be along shortly to give you copies of all of the applicable regulations...

but in general you do not have to worry about your visa situation.

As Foreign women/Thai Husband, you do not have any financial requirements when applying for O-visa overseas or for 1 year visa extension here in Thailand.

Also as far as I know, no posibility of "free lance" WP, must have actual employer... but you do not need a WP for your visa.

So just pop out to Penang or KL (as you are down south already) get your self 1 single entry O Visa with copy of Marraige Cert, Husbands ID Card ... then come back and go to immigration to get your 1 year extension.

After you get your visa sorted you can then investigate about setting up a company (if ot makes senseto do so) and go from there.

[lopburi3]

1. Yes. You need a firm to employ and a job position to fill and a wage to be paid (but details are up to Labor Office in location you are employed.

2. Never heard of it and many would welcome.

3. No.

4. No. No specific requirement for Thai husband and none for wife.

5. No.

6. Visa 2,000 - extension 1,900 - re-entry permit (if travel) 1,000 single or 3,800 multi and believe work permit about 3,000.

11. Yes but blue (house) book is not required for that but as part of Thai ID paperwork.

22. Most likely much will be asked of you - your husband supports your stay.

33. Must be his money to buy - you just sign to that and he will have no issues (to avoid joint property provision of marriage).

44. No - you can not own land - but you can hold to sell in case of death and you could own buildings.

55. Legally you can not work here without a work permit (even if job/payment was outside country). There are no provisions for the computer age at home working.

66. You should look directly at citizenship - that will remove the problems of land/employment/and such.

77. Have not seen any report of anyone actually having to give up passport/citizenship (although some may make such noise).

[longimanus]

I would like to thank you for your assistance. So far as I see it then I can go to Malaysia easily and quickly and return with a non-imm 'o' visa...and then worry about the work permit/opening of business etc etc. Thank you. again! A quick extra question in regard to citizenship - I have seen that Thai males can automatically transfer their citizenship to that of their wife and have seen further information to suggest that is after 3 years consecutive stays here back to back...does anyone know which is correct? I am still uncertain of how honest to be - noone likes any type of government office - but feel more secure at least in what we are doing!

[CWMcMurray]

For questions about Thai Male / Foreign Female citizenship process, the resident expert is member Samran

He is Thai and his wife is a foreign National and from his previous posts, I understadn that he and his wife have already gone through most of the process for Thai Citizenship for his wife. (all submitted and just waiting)

He may be along shortly, if not, you may want to send him a personal message.

http://www.thaivisa....ser/441-samran/

[Mario2008]

Indeed there are/were rumurs of the freelance WP in Phuket after a newspaper article I believ. However, I have never heard of someone actually having this WP.

The work permit cost depends on the duration, per 3 months. A one year WP is standerd and cost 3,000 baht plus an application fee of 100 baht. A 6 monht WP costs half, plus 100 baht fee.

If you want to apply for Thai citizenship, try to get on the household registration book with your husband. In your case being a foreigner it will be a seperate yellow one for the same address.

[noitom]

Get a Non-Im O and extend it to a "marriage visa." The marriage visa rules don't differentiate male Thai or female Thai. If anyone in Thai immigration gives you a hard time, run it up the flagpole until you reach a Thai bureaucrat who has a brain.

[lopburi3]

It is an extension of stay, not a visa, and the requirement is very different depending on the sex of the foreigner.

[longimanus]

It is an extension of stay, not a visa, and the requirement is very different depending on the sex of the foreigner.

yes this is what i understand. all information in regard to working that i can find says that you cannot work on a non-imm o visa however immigration said i would be able to....before i trot off and find that the guy on the other end of the phone - who njust kept telling my husband he didnt understand and we should go to the office, which we will - doesn't know anything about anything can someone please confirm for me whether as a dependent to a thai husband on a non-immigrant o visa i can work or not? Thank you muchly!

[Mario2008]

It is an extension of stay, not a visa, and the requirement is very different depending on the sex of the foreigner.

yes this is what i understand. all information in regard to working that i can find says that you cannot work on a non-imm o visa however immigration said i would be able to....before i trot off and find that the guy on the other end of the phone - who njust kept telling my husband he didnt understand and we should go to the office, which we will - doesn't know anything about anything can someone please confirm for me whether as a dependent to a thai husband on a non-immigrant o visa i can work or not? Thank you muchly!

The non-O visa is given for many reasons. For instance based on retirement and based on being the spouse of a Thai national.

No visa allows you to work in Thailand, only a work permit does that. A work permit is normally not issued to a person being on a non-O visa and extensions of stay based on retirement. But a work pemit is given based on a non-O (and extensions of stay) based on being married to a Thai national.

To get a work permit, you need to have an employer. The work permit is employer and function specific. A new employer or another function with the same employer would mean a new work permit.

[longimanus]

It is an extension of stay, not a visa, and the requirement is very different depending on the sex of the foreigner.

yes this is what i understand. all information in regard to working that i can find says that you cannot work on a non-imm o visa however immigration said i would be able to....before i trot off and find that the guy on the other end of the phone - who njust kept telling my husband he didnt understand and we should go to the office, which we will - doesn't know anything about anything can someone please confirm for me whether as a dependent to a thai husband on a non-immigrant o visa i can work or not? Thank you muchly!

The non-O visa is given for many reasons. For instance based on retirement and based on being the spouse of a Thai national.

No visa allows you to work in Thailand, only a work permit does that. A work permit is normally not issued to a person being on a non-O visa and extensions of stay based on retirement. But a work pemit is given based on a non-O (and extensions of stay) based on being married to a Thai national.

To get a work permit, you need to have an employer. The work permit is employer and function specific. A new employer or another function with the same employer would mean a new work permit.

yes sorry i meant was i entitled to apply for a work permit from the position of being a dependent on a non-imm o visa. I think i understand from that that i can?

[Mario2008]

Based on being the spouse of a Thai national, yes. So you can get a WP.

Based on being the spouse of a foreign national, probably not and one would have to go abroad to apply for a non-B visa.

[Morakot]

because you are a foreign Female married to a Thai Male you have many more rights than a Foreign Male married to a Thai Female..

What precisely would these "additional" rights be in law?

[lopburi3]

No financial requirements to meet for extension of stay is most obvious. Citizenship application without need for PR was also a key factor until a recent change.

[Morakot]

Thanks for the clarification.

[longimanus]

No financial requirements to meet for extension of stay is most obvious. Citizenship application without need for PR was also a key factor until a recent change.

sorry to be a pain in the proverbial - but what was that recent change? does that mean one should have PR even if female? thank you.

[lopburi3]

No - it means male can not go directly to citizenship without PR. Still a complex process but should be well worth the effort for some that are making a lifetime here if they can qualify.

[Arkady]

You can apply to adopt the Thai nationality of your husband under Section 9 of the Nationality Act. You don't need to have a job in Thailand for this because they will investigate the salary and financial means of your husband not you. The salary required by him is only Bt 15,000 a month as far as I know. Land ownership and other assets will be taken into consideration. You do need to be on a yellow tabien baan to qualify. For this you should be on a NON-IMM O visa on the basis of having a Thai spouse and you can annual extensions indefinitely without leaving Thailand. You can also work and get a WP with this visa. Don't switch back to tourist visas once you have done this, as that may disqualify you.

You need to apply for citizenship at Special Branch at National Police HQ in Bkk, if your tabien baan is in Bkk or at provincial Special Branch HQ in the province you live. If outside Bkk or other provinces like Chonburi or Phuket where they know how to do it, it is possible they will refuse to submit your application as being too much trouble. The requirements and forms are all on Special Branch's website in Thai http://www.sbpolice.go.th/ .

There is no point in looking at PR because the requirements are far more stringent and the cost is much greater. As a woman married to a Thai you have an easier track to Thai citizenship and it is also harder for you to lose it than for a naturalised male.

I don't think the Labour Ministry has got around to issuing the regulations for freelancers to get WPs and maybe they never will. For now the only way is to be employed by a company. Partnerships are technically possible too but, in practice, need to be substantial businesses.

Interior Ministry regulations permit your husband to acquire more land, despite being married to a foreigner, as long as you both make a declaration at the Land Office to the effect that funds used for the purchase were your husband's property and the land will not be regarded as conjugal property that may be divided in the event of divorce. They is a standard form for doing this and it is now a formality that even land offices in hick rural areas are quite familiar with. Once you become Thai you can become joint owners or even have the land transferred to yourself. There is a much lower tax to pay on transfers between family members.