Question About Limited Company And Type Of Visa

[Burgernev]

Hi there,

If anyone can help with the following it, it will be greatly appreciated.

Scenario: A European sets up as limited company in Thailand to purchase land and house (the 39% or 49% route), and does not actually want to apply for a work permit but merely operate the company, by filing annual tax returns based on renting the house back to himself etc.

Question 1: The European is not married to a Thai and is staying here on a 90 day non-immigrant 'O' visa, do they HAVE TO then change that visa to a 'B' business type visa, or can they still renew their 'O' visa ??

Question 2: The European is not married to a Thai and is staying on 12 month retirement O-A type visa, smae thing, do they HAVE TO then change that visa to a 'B' business type visa, or can they still renew their 'O' visa ??

Cheers chaps,

Burger

[autonomous_unit]

What do you mean by "renew" your visa?

You do not need any particular visa (or even need to be in Thailand) to own shares in a company. You need a work permit only to be an acting director who performs duties such as signing/stamping company-related documents while in Thailand. You can get a work permit while permitted to stay on either kind of visa (unless you have the retirement subtype of O visa, I gather).

Getting another "O" visa is not renewal but just reapplication. This will still be at the discretion of the consulate who issues the visa, and your admittance will be at the discretion of the immigration officer. I am curious what reason you gave to get an O visa, if you are not married to a Thai. You have to make sure this reason is something you can keep using in the future, if you plan to just keep doing 90-day visa runs year after year.

To get an extension of stay at the end of your initial 90 days, you would need to use one of the clauses such as investment or a local job w/ qualifying income (which requires a work permit). I think the B visa is the type you are supposed to have in order to be here for the purpose of business. If you had a Thai wife you could use an O and get extension of stay based on supporting her, whether you have a work permit or not. The backing evidence is either money from abroad or local income (only an option with work permit).

I don't know anything about having a company own a house, so do not comment on that.

[Burgernev]

Thanks Autonomous,

Yes you are right, I mean 're-apply' rather than 'renew' the 'O' visa.

The query is not actually for me, I am married to a Thai and have a work permit, it is for the Farang's not married to Thais's, who come to Thailand to purchase property via the company route.

They are receiving differing information regarding whether or not, you need to change your 'O' visa to a 'B' visa in order to operate the company.

Thanks,

Burger