Offshore Workers - Visa Extensions/re-Entry Permits/residency

[Jocamo]

Hello,

I have lived in Thailand for almost 7 years, been married (officially) for 1 year and my Thai wife and I have a 4 year old child together. Throughout this time I have worked offshore (overseas) on a 6 week on/off rotation and transferred the money I require to live to my SCB savings account. Since my daughter was born I have used a non-immigrant, multiple entry, O type visa and renewed it every year in Hull, UK.

My current visa will expire in July and this year I would like to attempt the 1 year visa extension route. Obviously with working overseas, I will also need to apply for a multiple re-entry permit. Is there anyone out there with similar circumstances who have done this before? Is it possible to use records of money transferred from abroad as proof of income? The reason I ask is that I do not pay tax to Thai authorities.

The reason I for this is to be eligible for permanent residence after 3 consecutive extensions. It's not too important to me, but would be nice to have the option.

Thanks

[lopburi3]

If you are not paying tax you will not have much chance of obtaining PR. But for income without work permit/inside Thailand you would require a letter of that from your Embassy (what they require will vary) and if asked for backup paperwork for immigration, if asked, the transfers might be accepted.

[ubonjoe]

You could get an extension of stay based upon marriage. You would need to have 400K baht in a Thai bank or 40K baht income. Your foreign earned income would have to proven by an income letter from your embassy or consulate. The bank book would just serve as back up to the income document.

You would have a 30 day under consideration period before your extension is approved. That might be a problem for you plus you would have to be in Thailand for your next extension before it expired.

Unless you are working here paying taxes and have a work permit you are not eligible for PR or citizenship.

[Jocamo]

You could get an extension of stay based upon marriage. You would need to have 400K baht in a Thai bank or 40K baht income. Your foreign earned income would have to proven by an income letter from your embassy or consulate. The bank book would just serve as back up to the income document.

You would have a 30 day under consideration period before your extension is approved. That might be a problem for you plus you would have to be in Thailand for your next extension before it expired.

Unless you are working here paying taxes and have a work permit you are not eligible for PR or citizenship.

Do you know if there are rules regarding when the extension can be applied for? When I arrive in Thailand in May, it will be my last chance to apply before my visa expires in July. I usually stay in Thailand around 40 days between trips at work, so it may be possible for me to apply as soon as I get home.

Do you know if there are any 'minimum' tax payments options, which would qualify for PR eligibility? Or perhaps a small family business venture, I could pay tax from.

Or maybe it's easier to forget the idea and carry on renewing my visa in Hull every year!

Thanks for the info anyway.

Edited April 11, 2013 by Jocamo

[Mario2008]

Every time you arrive in Thailand before the visa itself expires you will be stamped in for 90 days. You can apply for an extension during the last 30 days of each 90 day period.

Do realize that for an extension of stay based on your marriage you must return 30 days after applying.

[ubonjoe]

You could get an extension of stay based upon marriage. You would need to have 400K baht in a Thai bank or 40K baht income. Your foreign earned income would have to proven by an income letter from your embassy or consulate. The bank book would just serve as back up to the income document.

You would have a 30 day under consideration period before your extension is approved. That might be a problem for you plus you would have to be in Thailand for your next extension before it expired.

Unless you are working here paying taxes and have a work permit you are not eligible for PR or citizenship.

Do you know if there are rules regarding when the extension can be applied for? When I arrive in Thailand in May, it will be my last chance to apply before my visa expires in July. I usually stay in Thailand around 40 days between trips at work, so it may be possible for me to apply as soon as I get home.

Do you know if there are any 'minimum' tax payments options, which would qualify for PR eligibility? Or perhaps a small family business venture, I could pay tax from.

Or maybe it's easier to forget the idea and carry on renewing my visa in Hull every year!

Thanks for the info anyway.

About the only way to get PR or Citizenship would be to set up a partnership company with your wife. You would need to have 2 Thai employees (wife and housekeeper) and registered capital of one million baht to get a work permit. Then set yourself up with a salary of at least 40K baht to get your extension and pay taxes on that income. The company would invoice your offshore employer and show that as company income. Note: this is only a rough outline of how you could do it.

With your work schedule it may be hard for you to maintain the extension of stay so the visa might be the best option.

You don't have to go to Hull for the visa. You can get one in Savannakhet Laos (across the river from Mukdahan) with no proof of income or KL Malaysia with 100K baht in the bank.

[jonnyscot]

I'm in a similar situation as you jocamo I'm on approx 5/5 week rotations which makes it difficult to be still inside Thailand for the required time for extension, my vessels going to dry dock in a few months though and I'll maybe manage to apply then

[lopburi3]

For such the multi entry non immigrant O visa is the best option and is available easily from Savannakhet if married to a Thai. If working/tax paying in Thailand and interested in PR then you do need to have the extensions but otherwise the multi entry visa works well, especially for frequent travel.

[Plastic Brontosaurus]

Far as I know foreign income is not taxable in LOS unless it is imported into the country. Regardless of tax residency status. However money imported, if you're a tax resident, is taxable, if I remember correctly. May want to read up on that to make sure. But it's an interesting system for those of us who have foreign income and keep that income in a foreign account apart from the bit we need to live off in LOS...

[ubonjoe]

If a person is in Thailand for a total of 180 days they are considered resident for tax purposes. And are liable for any income earned from working or returns on rental property even if it is earned outside the country.

Although it probably would be very hard for them to find out that you were earning money outside the country.

Money brought into the country would be easy for them to find.

Edited April 13, 2013 by ubonjoe

[IMA_FARANG]

I'm in a similar situation as you jocamo I'm on approx 5/5 week rotations which makes it difficult to be still inside Thailand for the required time for extension, my vessels going to dry dock in a few months though and I'll maybe manage to apply then

--------------

Yes you could do it and extend your non O visa based on a marriage to a Thai .... but be aware of the time constraint problem.

As was said you will have to be in Thailand 30 days after you file for the extension to pick up the final approval (you get a preliminary approval and must reurn in 30 dayd to get final approval). But it's possible if you have that 30 days in couunty.

Once you the extension, buy yourself a multi entry exit re-entry permit for 3800 Baht.

This will allow you to exit and re-enter Thailand as many times as you need in the perod of your marriage visa/extension, which will normally be one year.

With that marriage visa you are on a 90 reporting schedule.

That multi exit re-entry permit allows you to interrupt your 90 daay reporting schedule and restarts your 90 day reporting "clock" with each return.

Since your normal work schedule has you staying in Thailand for less than 90 days at a time, technically you may never actually do a 90 day report appearance....since each time you exit and return your reporting clock will be reset each time you re-enter Thailand.

However, if you choose that route, be prepared for some questions from immigration on what eactly you are doing. because they will be confused on why you keep leaaving the country and not keeping to a routine 90 day reporting schedule.

What you will be doing is not illegal, but it will confuse immigration.

Decide for yourself which is easier for you, doing this or to keep getting a yearly non O multi entry visa.

Edited April 13, 2013 by IMA_FARANG

[Soutpeel]

if you choose that route, be prepared for some questions from immigration on what eactly you are doing. because they will be confused on why you keep leaaving the country and not keeping to a routine 90 day reporting schedule.

What you will be doing is not illegal, but it will confuse immigration.

To be honest immigration will not care about what he is doing, know of quite a few guys who work rotations in other countries and are here on marriage extensions, and if they do ask ask you tell them you work outside the country offshore.

[Soutpeel]

If a person is in Thailand for a total of 180 days they are considered resident for tax purposes. And are liable for any income earned from working or returns on rental property even if it is earned outside the country.

Although it probably would be very hard for them to find out that you were earning money outside the country.

Money brought into the country would be easy for them to find.

Not as simple as that, if income is earned outside the country and tax is paid at source whether from salary or rentals (in this case) then the Thai tax man is inclined not to be bothered, you also need to considered ant reciprocal tax agreements in place as well, but using your example this would mean large numbers of farang pensioners should be declaring their pensions in Thailand and how many actually do it ?....my guess is none, and the Thai man assumes pensions are being taxed at source hence the reason they dont push this aspect of things

[Soutpeel]

Far as I know foreign income is not taxable in LOS unless it is imported into the country. Regardless of tax residency status. However money imported, if you're a tax resident, is taxable, if I remember correctly. May want to read up on that to make sure. But it's an interesting system for those of us who have foreign income and keep that income in a foreign account apart from the bit we need to live off in LOS...

Not strictly true

[Evolare]

Interesting read I thought 4 employees is required for a work permit not 2 as stated earlier. Unless something has changed since when i read it as I have a business here in LOS but as we only have 2 employees as of yet my business cannot sponsor a work permit.

[Soutpeel]

Interesting read I thought 4 employees is required for a work permit not 2 as stated earlier. Unless something has changed since when i read it as I have a business here in LOS but as we only have 2 employees as of yet my business cannot sponsor a work permit.

If your married to a Thai national, then THB 1.0 million capitalisation and 2 employee rule applies, not THB 2.0 million/4 employee rule, nothing has changed, it must be another reason why the company cannot sponser the WP

[Plastic Brontosaurus]

Far as I know foreign income is not taxable in LOS unless it is imported into the country. Regardless of tax residency status. However money imported, if you're a tax resident, is taxable, if I remember correctly. May want to read up on that to make sure. But it's an interesting system for those of us who have foreign income and keep that income in a foreign account apart from the bit we need to live off in LOS...

Not strictly true

Have a read of this, item one, under "Taxable Person" - the way I read it, but once again I may be wrong, is that only foreign income imported into Thailand is taxable... Any tax lawyers online to add some comment??

http://www.rd.go.th/publish/6045.0.html

[Mario2008]

Income brought into Thailand during the year it was earned is taxable. But many countries have tax treaties with other countries to avoid double taxation. Thailand has also tax treaties with other countries.

[ubonjoe]

If a person is in Thailand for a total of 180 days they are considered resident for tax purposes. And are liable for any income earned from working or returns on rental property even if it is earned outside the country.

Although it probably would be very hard for them to find out that you were earning money outside the country.

Money brought into the country would be easy for them to find.

Not as simple as that, if income is earned outside the country and tax is paid at source whether from salary or rentals (in this case) then the Thai tax man is inclined not to be bothered, you also need to considered ant reciprocal tax agreements in place as well, but using your example this would mean large numbers of farang pensioners should be declaring their pensions in Thailand and how many actually do it ?....my guess is none, and the Thai man assumes pensions are being taxed at source hence the reason they dont push this aspect of things

This from http://www.rd.go.th/publish/6045.0.html which makes pensions exempt since they are not from employment or business.

1. Taxable Person Taxpayers are classified into “resident” and “non-resident”. “Resident” means any individual residing in Thailand for a period or several periods in total of at least 180 days in a tax year (January 1 – December 31). A resident of Thailand has a duty to pay tax on income remitted from a source in Thailand as well as on any income from a foreign source in connection with the taxpayers’ employment or business carried on abroad or a property situated abroad, and that income is remitted into Thailand within the year that the taxpayer receives that income (i.e. cash basis). A non-resident is subject to tax only on income from sources in Thailand.