Timings for Thai "marriage" visa and achieving a Work Permit

[avander]

I am an Australian citizen, 57 years old and moving to Thailand with my family (Thai national wife and children) in September 2013.

From discussing the process with my wife and a little of my own research I understand I will apply for a 3 month Tourist visa here in Australia and then "convert" that to a Non Immigrant O marriage visa once we arrive.

While it is not necessary for me to find work I have been having some preliminary discussions with people in the region (outside of Thailand) about the possibility of obtaining work.

I expect any work would be on a Part Time or Contract basis as I have some IT specialist skills which may be of interest to software/consulting company's who may have customers to service both in Thailand and the region generally .

The question of work possibilities has only just been raised and is why I have not researched this earlier.

My question now is how to ensure I use the correct process to achieve a 'long stay' multi-entry visa and the Work Permit and also how long will this process all take?

Thanks in advance

[Lite Beer]

It would be a lot easier to arrive in Thailand with a Non Imm O Visa.

You could then apply for the Marriage Extension after two months

A Rough Guide.

(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.

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

If Income from Thailand: Statements showing Income Tax receipts.

Marriage Certificate. (Kor Ror 3)

Marriage Registry entry. (Kor Ror 2)

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.

One or two witnesses may be required.

You will be given a 30 day under consideration stamp.

Go back in a month and get the remainder.

[avander]

It would be a lot easier to arrive in Thailand with a Non Imm O Visa.

You could then apply for the Marriage Extension after two months

Thanks for the lightning response LB!

What about the Work Permit? Does that happen in parallel?

Can I start the process for the WP before getting the "marriage extention".

[lopburi3]

You can not get a work permit without a job that allows a work permit to be issued - it is not a personal thing. On a Thai wife extension of stay or non immigrant O visa entry a work permit normally can be issued if and when a job is found but that is not likely to happen for anything but full time work. Until ready to fund retirement you might want to consider staying where employment is not an issue. It will be very restricted for you in Thailand.

[Lite Beer]

As said, you need paperwork from the company who are going to employ you.

[avander]

I see. Thanks guys,

As I said in the OP, I don't really need the work and should it eventuate it is most unlikely to be full-time or even particularly regular.

For visa requirements I can substantiate the necessary monthly income from Australia and will have cash reserves in Thailand however, the money would be good and difficult to pass up if available.

The other thing is the work may be in the wider region any not only in Thailand so would need to be able to come and go as needed.

Any other thoughts or options?

Edited August 11, 2013 by avander

[Lite Beer]

When you have the 12 month extension you can get a multi re entry permit from Immigration

3,800 Baht fee.

You can then come and go as you please without losing the extension.

[JLCrab]

The easiest thing would be to make sure all your employment, work assignments, and remittances are outside of Thailand and no work permit would then be required -- & then you can be just another happily retired Aussie while/st physically in the Kingdom.

[lopburi3]

You will want to use the Thai wife extension, with more paperwork, rather than retirement as work permit can normally be issued on that extension if you do find local work - retirement does not normally allows such issue. Make sure wife and children arrive on there Thai passports and it would be much better for you to have a non immigrant O visa issued in OZ prior to travel and if you do not mind 90 day border crossings perhaps a multi entry so extension would not be required until later (and no need for re-entry permits).

[avander]

Hi everyone,

Thanks for your replies. I discussed further with my wife and I had it wrong. I will be obtaining the Non Immi O visa here in Oz.

That will allow the option for a WP should I need it but will hope any work opportunities are outside of the Kingdom.

My wife and kids are travelling on their Thai passport so no problem there.

[ubonjoe]

Be sure you only get a single entry visa. That is all that is needed for you to get an extension of stay which you can also get a work permit with.

Don't let them sell you (or wife) a multiple entry visa because although it is good for a year it means you must leave the country every 90 days for a new 90 day entry.

[o2eZy]

I am going through the process now

went to immigration at the BKK govt building last week with passport with non o immi visa

they gave me the form to fill out and told me to be there 3 weeks b4 the 3 monthsis up with all the paperwork

they told be that a visa from the thai embassy in Brisbane would enable me to get a bank account

went to the bank and they ummed and ahhed about the visa and then wifie told them about immigration and the visa stamp ...I have a bank book and Visa card now

because my wife works I do not have to have 400000bht but I have a pension that covers the requirements and money in the bank

work permit comes with the spousal visa

hope that helps

[AnotherOneAmerican]

It would be a lot easier to arrive in Thailand with a Non Imm O Visa.

You could then apply for the Marriage Extension after two months

Thanks for the lightning response LB!

What about the Work Permit? Does that happen in parallel?

Can I start the process for the WP before getting the "marriage extention".

I wouldn't worry about the WP, chances of getting one for the sort of employment you have described is zero.

[yankee99]

I am going through the process now

went to immigration at the BKK govt building last week with passport with non o immi visa

they gave me the form to fill out and told me to be there 3 weeks b4 the 3 monthsis up with all the paperwork

they told be that a visa from the thai embassy in Brisbane would enable me to get a bank account

went to the bank and they ummed and ahhed about the visa and then wifie told them about immigration and the visa stamp ...I have a bank book and Visa card now

because my wife works I do not have to have 400000bht but I have a pension that covers the requirements and money in the bank

work permit comes with the spousal visa

hope that helps

"work permit comes with the spousal visa" really?

[Mario2008]

I am going through the process now

went to immigration at the BKK govt building last week with passport with non o immi visa

they gave me the form to fill out and told me to be there 3 weeks b4 the 3 monthsis up with all the paperwork

they told be that a visa from the thai embassy in Brisbane would enable me to get a bank account

went to the bank and they ummed and ahhed about the visa and then wifie told them about immigration and the visa stamp ...I have a bank book and Visa card now

because my wife works I do not have to have 400000bht but I have a pension that covers the requirements and money in the bank

work permit comes with the spousal visa

hope that helps

As has been noted, an extension based on marriage to a Thai national does not come with a work permit. You can apply for a work permit on it, but must apply at the labour office and you and the company working for must meet the criteria for issuing one.

If on an extension of stay based on marriage to a Thai woman, you must have an income of at least 40,000 baht a month (can be from abroad) or have 400,000 baht in the bank in Thailand. The income or money in the bank of your Thai wife is not considered.

[avander]

Thanks for the new replies.

So far it looks like the key "take-aways" from my questions are:

1. Get a Single Entry Immigration "O" visa (for 3 month stay) while still in Australia

2. Go to Thai Immigration once I arrive in Thailand to ask for the 12 month "marriage" extension forms and any other information/instructions needed.

3. Based on granting of the Immigration "O" visa set up a Thai Bank account and credit card (definitely needed) in Thailand. I am thinking Bank of Bangkok as my wife has her account there.

4. Complete the "marriage" extension forms and go back to Immigration 4 weeks (for safety?) before the 3 months is up to process the visa extension.

5. I am unlikely to get a Work Permit unless full-time employed due to the need for a Thai company to "sponsor" or apply for me. If part-time or on contract, granting of a Work Permit won't happen.

Related to the Work Permit and assuming work is in Thailand, is it feasible to set myself up a sole trader and work as an independent consultant (as I can in Australia)? If so, how much would it cost to establish and who best to assist with legals etc?

Cheers

[lopburi3]

You require a work permit to work - and that means working for a Thai company that can support such.

1. Yes.

2. No. You do not visit Immigration until ready to extend for Thai wife if you already have the non immigrant O entry - about 3-4 weeks before expiration of stay.

3. You will not get a credit care without it being secured with fixed deposit. You will not be able to open a checking account but only a saving account most likely. You do not require any special visa to do this but some branch banks will not want to do so you ask at another.

4. The form is TM.6 and you attach a 4x6cm photo but you will need copies of a lot of other documents.

5. Correct.

[ubonjoe]

Your wife can act as a gurantor to open your bank account.

Which financial proof are you going to use to get the extension?

[avander]

Your wife can act as a gurantor to open your bank account.

Which financial proof are you going to use to get the extension?

Probably money in the bank (in Thailand) option but could also use rental income from property in Australia in an aussie bank account.

Sent from my GT-I9305T using Thaivisa Connect Thailand mobile app

[umbanda]

By my own experience in Bangkok Bank, and with a retirement visa you will be able to open an account and have an ATM card. If your wife can prove income she may get a credit card and put you in it. I am married with Thai but I cannot see the advantage now to change my visa to marriage visa. Am I wrong? My wife owns a small storfe without employees. Can I help her without work permit if I have a marriage visa?

[Lite Beer]

No you need a work permit

Sent from my GT-I9300T using Thaivisa Connect Thailand mobile app

[realenglish1]

Legally you cannot help her but if you are lifting some boxes for her I doubt anyone is going to call foul on it

[ubonjoe]

Your wife can act as a gurantor to open your bank account.

Which financial proof are you going to use to get the extension?

Probably money in the bank (in Thailand) option but could also use rental income from property in Australia in an aussie bank account.

Sent from my GT-I9305T using Thaivisa Connect Thailand mobile app

If you have income of 40k baht you can do a statutory declaration at OZ embassy for proof of income.

[avander]

Your wife can act as a gurantor to open your bank account.

Which financial proof are you going to use to get the extension?

Probably money in the bank (in Thailand) option but could also use rental income from property in Australia in an aussie bank account.

Sent from my GT-I9305T using Thaivisa Connect Thailand mobile app

If you have income of 40k baht you can do a statutory declaration at OZ embassy for proof of income.

Only just caught up with the posts.

Regarding this one, would the Oz embassy want me to provide proof like a Bank Statement or current rental agreement form the agent for my property or would they just go off my sayso? It's not a problem to show them just wondering if I need documentary evidence to do a Stat Dec?

[ubonjoe]

 

 

Your wife can act as a gurantor to open your bank account.

Which financial proof are you going to use to get the extension?

Probably money in the bank (in Thailand) option but could also use rental income from property in Australia in an aussie bank account.

Sent from my GT-I9305T using Thaivisa Connect Thailand mobile app

 

If you have income of 40k baht you can do a statutory declaration at OZ embassy for proof of income.

 

Only just caught up with the posts.  

Regarding this one, would the Oz embassy want me to provide proof like a Bank Statement or current rental agreement form the agent for my property or would they just go off my sayso?  It's not a problem to show them just wondering if I need documentary evidence to do a Stat Dec?

They ask for nothing from what I have read for proof of income. Address would be the same.

[digitalchromakey]

Related to the Work Permit and assuming work is in Thailand, is it feasible to set myself up a sole trader and work as an independent consultant (as I can in Australia)? If so, how much would it cost to establish and who best to assist with legals etc?

No you need to form a Thai Limited Company or Thai limited Partnership as a vehicle for work permits and working; only Thais can be sole traders.

There was some discussion a few years ago that foreigners could apply for WPs as freelancers, the current WP1 application form seems to offer the option to apply for a WP with no employer, but to date I have never heard of any one successfuly doing this.

[avander]

Your wife can act as a gurantor to open your bank account.

Which financial proof are you going to use to get the extension?Probably money in the bank (in Thailand) option but could also use rental income from property in Australia in an aussie bank account.

Sent from my GT-I9305T using Thaivisa Connect Thailand mobile app

If you have income of 40k baht you can do a statutory declaration at OZ embassy for proof of income.

Only just caught up with the posts.

Regarding this one, would the Oz embassy want me to provide proof like a Bank Statement or current rental agreement form the agent for my property or would they just go off my sayso? It's not a problem to show them just wondering if I need documentary evidence to do a Stat Dec?They ask for nothing from what I have read for proof of income. Address would be the same.

Update.

Have been in the country for nearly 2 months now so preparing to apply for the marriage extension in the next 2 weeks and thought I would provide updates of what I have found so far and a further question:

1. Re: the money in the bank or income. The statutory declaration (affidavit) was very easy. I went to the embassy, filled in a simple form, paid about 500B (from memory). The form was stamped and signed and I walked out again. Time taken was about 5 minutes (no-one else was there).

As far as money in the bank as already said my wife has an account with Bank of Thailand. I went into her local branch in Bang na where they refused to offer me a bank account. While in the city we went to a branch near Silom? (h/o or a major branch) where they were only too happy to open a fixed term account in my name. All off the back of my wife's account and all I needed was my passport. I will be able to get a credit card in 6 months as another post suggested and my wife has already applied for a secondary cr card on her account.

2. I will have a Yellow Tabien Baan in the next few days. Does that replace any of the documents or help in any way?

3. As far as photos are concerned, we are doing a fitout of our shophouse at present so not living there. All I can provide are photos of the property in various stages. Is this sufficient?

4. I understand that the marriage cert and registry docs are required but my wife and I were married in Australia (and have the proof). My wife also changed her name to take mine on all her records here in LOS and has her passport etc. Do I still need the equivalent Thai forms or do they accept a certified Australian Marriage Cert?

Cheers

[ubonjoe]

4. Most important. You will not get an extension of stay without your marriage being registered at the Amphoe and then being able to supply a Kor Ror 22 along with your marriage certificate.

You will have to have your marriage certificate certified (legalized) by the embassy.

Then have it translated into Thai and then have the translation certified by the Ministry of Foreign affairs (translator can get this done for a small fee).

Then your wife would have to go to the Amphoe to register your marriage.

Pictures should be for where you are living and that should also be where you will be at if they make a visit to your home.

Yellow book will only serve as proof of address.

If you need more time to get ready for the extension you could get a 60 day extension to visit your wife. Marriage would not need to be registered for this extension.

It might be best to get the 60 day extension so you can have the work finished on your home.

[lopburi3]

You might want to check on the name of your bank also - do not believe you have an account with The Bank of Thailand.

[digitalchromakey]

If you need more time to get ready for the extension you could get a 60 day extension to visit your wife. Marriage would not need to be registered for this extension.

It might be best to get the 60 day extension so you can have the work finished on your home.

Check with Labour re the 60 day extension if you are thinking about going down that particular route, as in some areas Labour will not issue Work Permits against this particular category of extension (Visiting Spouse).