Changing From B To O Visa

[simon43]

I just want to be sure that I have the correct strategy in my mind before I do this!

I have just got my 4th multi, non-imm B visa, based on my businesses in Thailand, (ie Thai ltd company etc), but I do not have a WP because I don't actually work.

I have now finally legally married my Thai wife and we are expecting our 1st child very soon.

My long-term plan is to obtain PR... My years of non-imm B count for nothing in this respect.

So, my plan is to change my B to an O visa, in support of my Thai wife and son. After 3 months, I apply for a 1 year extension of that, and put 400kb in the bank.

To assist my eventual application for PR, I will obtain a WP, probably as Manager of my holiday resort, (which we are currently building). In line with previous postings, I will pay myself about 100,000 baht per month, so that the tax I pay is of an acceptable level for PR considerations.

I will still leave Thailand every 3 months to visit my UK family for a few days, (not because I have to leave due to visa requirements etc).

Does all the above sound reasonable? And what do I do every time when I leave the country every 3 months? (ie - to ensure continuation of my 'extended' leave in Thailand and to ensure my WP is not affected by these UK visits).

A bit complex, but I want to get all my blocks in the correct position now before I apply for PR some 4 years (or so) in the future.

Thanks - Simon

[lopburi3]

1. Take your marriage certificate and copy of wife id card to a Consulate, such as Penang, and obtain a single entry O visa. They will probably have to cancel your present B visa first but if not be sure to enter Thailand with the O visa information.

2. After 60 days go with wife to make application for extension of stay with required documents and be prepared to return in 30/60 (about 45 days in Bangkok) days for final approval to arrive. Do not travel without a re entry permit.

3. When you obtain one year stay (remainder of time from your entry prior to application) obtain a multi re-entry permit at 3,800 baht to cover all your travels and use that information for entry card each time.

4. When you apply for a work permit it should match your visa stay and they do not care about your travel. As long as you do not stay in Thailand longer than 90 days you will not be required to do 90 day address report but keep close watch on that and if you find yourself staying more than 90 days do a report.

[Indo-Siam]

Well, you can do things your way. But - a much easier way is to simply use your present Class B visa. A 90-day non-immigrant entry permit issued against a Class B visa can be extended on the basis of supporting a Thai spouse. That extension process makes no distinction WHATSOEVER between whether the 90-day non-immigrant entry permit that is being extended was originally issued against a Class O or Class B visa.

A 90 day non-immigarnt entry permit - issued agaisnt either a Class B or a Class O visa - can "generically" be extended on the basisis of EITHER "support of a Thai spouse" or "qualifying employment for a qualified employer."

You do NOT have to "match up" a Class O entry permit with a spouse extension, or a Class B entry permit with an employment-based extension. All that matters is that you start out with a non-immigrant entry permit OTHER than one based on retirement.

Also - minor point - you need to bring over the 400,000 bhhat remitted from outside Thailand BEFORE you apply for the extension, no afterward.

Good luck!

Steve Sykes

Managing Director

Indo-Siam Group

Bangkok

[email protected]

www.thaistartup.com

Edited March 31, 2006 by Indo-Siam

[simon43]

Indo-Siam, I understand what you say and the decision whether to go for the extension based on a B or O visa comes back to a question that I asked before. That is, when applying for PR, which category is the most successful? Is it based on working or support of a Thai wife/family (and paying some tax as well). My general impression is that the powers-that-be look more favourably if you are on an O visa, with a Thai wife and kids, AND you have a job as well which pays a decent tax contribution.

Simon

[Indo-Siam]

Hello Simon -

As I understand it, you plan to qualify for PR on the basis of three consecutive long-term extensions based on support of a Thai spouse. This is then the category upon which your PR application will be submitted. It will not matter what the underlying visa was, three years back. The visa is issued by a diplomatic post of the Ministry of Foreign Affairs, and is gone once it expires - and carries no weight inside Thailand.

It is my understanding that if PR is granted on the basis of "compassionate" category, and the underlying basis for that classification is terminated (i.e. wife dies, or you divorce), you will not be able to renew PR on that basis (it is not really "permanent" - it is issued 10 years at a time). But - if you obtain PR based on a business history, that justification never goes away, even if you retire.

But - PR rules and interpretations can change, as Interior Ministers change - and I understand that it is exceedingly rare for PR to be issued by the same Interior Minister who was sitting at the time your application is accepted (i.e. - it is common for PR to be approved 3-6 years following acceptance of your application).

Cheers!

Steve

Indo-Siam