Non-Immigrant Visa Without Getting A Work Permit

[Bellacissa]

Hello all,

I've searched the forums every which way I can think of, but I just can't find what I'm looking for. If someone could point me in the right direction, I'd be eternally grateful...

The facts:

• US Citizen moving to Thailand in December with my 12 year old son.
• 39 years old.
• Married to a US citizen that will not be joining us for a few years.
• I don't plan on getting a job inside Thailand.
• We are planning to stay long term (hopefully until we're old enough for a retirement visa).

What I need to know:

• Can I get a non-immigrant type o visa if I'm not planning on working or marrying a Thai? I literally just want to live there with my son until my husband moves over. We might invest in some condos, but that's down the road.
• If not a non-immigrant type o, then what?
• What are the bank statement requirements to get the visa? Basically, how much do I need to show in my US bank account to qualify?

We'll be using siam-legal for all the paperwork when the time comes, I'm just trying to get it all in order ahead of time. I've googled myself in circles and now I don't know what type of visa I'm supposed to be getting.

Thanks for the help!

[Stanley78]

Quite a big step to move from the US to Thailand without first making sure there is a suitable visa for your financial and personal circumstances.

Since you are under retirement age (50), have no ties to Thailand (no Thai child nor Thai husband), and do not intend to work there are very few options available.

Let me point out that Thailand has no interest in how much money you have in your home country, only in how much you are willing to bring into Thailand.

There are other people here who know more than me but a few options are:

1) Investment visa (minimum THB 10 million has to be brought into Thailand).

2) Thailand Elite card (THB 2 million for each adult and THB 1 million for your child, there is a long thread here on TV with further information).

3) Education visa (by studying Thai for example). Personally I wouldn't emigrate with a 12 year old on such a visa though.

4) Some sort of Thai umbrella company setup. Look around TV, or use the search function and you will find discussions about it.

Based on what you said and the fact that you are moving with a minor, from at least my own point of view, I would go either with 1) or 2). Better do to things right or not at all.

If you are unable or unwilling to afford either of those options then I would recommend you to stay in your home country until your are 50, or pick a country other than Thailand which offers a residence permit more easily attainable and suitable for your exact needs.

[Bellacissa]

Thanks, Stanley!

As an afterthought, I will have my TEFL before I leave, so I could get a teaching job if I need to. I don't (financially) need to work as my husband will still be employed, but I don't have any objection to working and it might be a good way to integrate.

As for taking such a big step, we were originally told that I could get a non-immigrant type o visa with no problem. The more I research, the more confused I become, hence asking for help here. We want to do everything properly and above board, so I'm just making sure that I'm doing it correctly.

I could get an ed visa, yes. Since my son is 12 (the minimum age), he could get one also. We do plan to take classes in Thai, so it might not be that big of a deal. I've just heard that it is kind of the "default" visa and might be frowned upon.

[Stanley78]

As an afterthought, I will have my TEFL before I leave, so I could get a teaching job if I need to. I don't (financially) need to work as my husband will still be employed, but I don't have any objection to working and it might be a good way to integrate.

I could get an ed visa, yes. Since my son is 12 (the minimum age), he could get one also. We do plan to take classes in Thai, so it might not be that big of a deal. I've just heard that it is kind of the "default" visa and might be frowned upon.

You should look around TV more and read everything you can find about teaching jobs and visas. From what I have read I am under the impression that it is not quite as easy as you may think and can involve quite a lot of hassle with tourist visas / visa runs especially in between jobs. But there are others here who know more about that, I have only really researched investment visas / Thailand Elite myself

As for ED visa, I wouldn't emigrate to another country with a minor and have as my plan to study Thai for 11 years (that's a crazy long time to be on an ED visa!) until I'm 50 as my reason for being in Thailand. But you are of course free to do as you wish.

[AYJAYDEE]

pick one:

http://www.immigration.go.th/nov2004/doc/temporarystay/policy777-2551_en.pdf

[Bellacissa]

So it looks like the ed visa is the way to go, at least for the first year or two. In that time, my husband can get our corporation set up and licensed (so that we can start buying condos) and once it's set up, I can come back to the states and apply for the non-immigrant type b visa to run the company. Since my son and I are planning to take Thai language classes anyway, that covers us for the time being.

As far as I can tell, that's a completely legitimate and above board way to handle it.

Does anyone see a problem with that plan?

[Stanley78]

So it looks like the ed visa is the way to go, at least for the first year or two. In that time, my husband can get our corporation set up and licensed (so that we can start buying condos) and once it's set up, I can come back to the states and apply for the non-immigrant type b visa to run the company. Since my son and I are planning to take Thai language classes anyway, that covers us for the time being.

I would say it is possible to do like that yes. If that is the best solution or not you will have to decide yourself.

You do not need a corporation to buy condos in Thailand. Actually from what I know it would probably be better if you're going to invest THB 10 million or more to just do it in your own name and get the visa benefits from the investment.

Also as far as I know a Thai company needs to have 4 Thai employees for each foreign employee. Why bother with that if you're just going to buy condos?

[Bellacissa]

So it looks like the ed visa is the way to go, at least for the first year or two. In that time, my husband can get our corporation set up and licensed (so that we can start buying condos) and once it's set up, I can come back to the states and apply for the non-immigrant type b visa to run the company. Since my son and I are planning to take Thai language classes anyway, that covers us for the time being.

I would say it is possible to do like that yes. If that is the best solution or not you will have to decide yourself.

You do not need a corporation to buy condos in Thailand. Actually from what I know it would probably be better if you're going to invest THB 10 million or more to just do it in your own name and get the visa benefits from the investment.

Also as far as I know a Thai company needs to have 4 Thai employees for each foreign employee. Why bother with that if you're just going to buy condos?

It's possible that we will want to branch out into other business ventures, so we thought that setting up a company from the beginning was the best course of action. If we do decide just to buy condos, we may very well go the investment visa route. We just won't have the 10 million baht right out of the starting gate, so the ed visa will give us some time to get it together.

I'm setting up a time to talk to siam legal to go over all of our options and be sure that this is the right way to handle it. I appreciate your input. If you or anyone else has anything to add or can think of any specific questions that I need to bring up with siam legal, PLEASE let me know.

And thanks for being patient with my newbie questions.

[JLCrab]

You might also consider that if you get 6-month validity / 3 entry tourist visas you can stay in Thailand for up to 9 months with proper use of extensions and border crossings. The big problem these days is getting such visa in the SE Asia region but, if you travel back to the USA and visit in person an honorary Thai General Consul near your residence, this can conceivably be done for a good period of time.

[Bellacissa]

Luckily, we have an honorary Thai General Consul here in Dallas, so I'll keep that option open as well. Thanks!

[Stanley78]

You might also consider that if you get 6-month validity / 3 entry tourist visas you can stay in Thailand for up to 9 months with proper use of extensions and border crossings. The big problem these days is getting such visa in the SE Asia region but, if you travel back to the USA and visit in person an honorary Thai General Consul near your residence, this can conceivably be done for a good period of time.

Indeed possible to do.

As I always say here on TV, people can of course do whatever they want (until immigration stops them) but tourist visas are not meant to be used to live in a country.

I for one would not rely on mutiple tourist visas to emigrate from my home country to Thailand with a child who is still of mandatory school age. Would you?

[Bellacissa]

You might also consider that if you get 6-month validity / 3 entry tourist visas you can stay in Thailand for up to 9 months with proper use of extensions and border crossings. The big problem these days is getting such visa in the SE Asia region but, if you travel back to the USA and visit in person an honorary Thai General Consul near your residence, this can conceivably be done for a good period of time.

Indeed possible to do.

As I always say here on TV, people can of course do whatever they want (until immigration stops them) but tourist visas are not meant to be used to live in a country.

I for one would not rely on mutiple tourist visas to emigrate from my home country to Thailand with a child who is still of mandatory school age. Would you?

No, I wouldn't consider it for a long term solution, but if it turned out that it was the best way to get started, I might consider it. My son is homeschooled, so he can continue school no matter where we are. That's another reason that we're able to just pick up and move somewhere else. It's possible that once we're settled, he'll go to an international school, but it's not required.

[JLCrab]

Yes -- I would go the 9 month visa Tourist Visa for a few times to check things out. The 12 year-old will presumably enroll in a private school where visa status is immaterial. Returning to your home country for a Tourist Visa is a whole 'nother animal than going to Laos, Penang, or Bali.

[Stanley78]

No, I wouldn't consider it for a long term solution, but if it turned out that it was the best way to get started, I might consider it. My son is homeschooled, so he can continue school no matter where we are. That's another reason that we're able to just pick up and move somewhere else. It's possible that once we're settled, he'll go to an international school, but it's not required.

Certainly if he's home schooled that simplifies it a lot. And if that is the case maybe you can try first with a tourist visa and see if you are really ready to permanently move to Thailand.

Living in a country isn't always as enjoyable as just visiting it, but it can obviously be a great experience as well.

I wish you the best of luck!

[Bellacissa]

Thank you! Contrary to what it looks like in this thread, this has been in the works for about a year. We just got some bad information about the visa and I didn't do enough additional research on it because the info came from what I thought was a reliable source. Shame on me.

My husband has lived overseas (not in LOS) for several years and we've been looking for the right place to move to since he left. It's not our first rodeo.

We know what we're in for. I think.

[Soutpeel]

In that time, my husband can get our corporation set up and licensed (so that we can start buying condos) and once it's set up, I can come back to the states and apply for the non-immigrant type b visa to run the company.

Does anyone see a problem with that plan?

If you intend starting a business in Thailand, you are aware of the capitalization required, number of Thai employees required and the work permitting requirements ? and obviously if its a new business you will not be getting extension of stay right off the bat and even with a Non-imm B/WP you will be visa running for first couple of years of operation

[Bellacissa]

Yes, we understand what we'll need to do for the business. That's why we're not putting the business together right away. We want plenty of time for planning and getting everything done correctly. We're not in any hurry to get that up and going.

I'm not worried about doing the visa runs. We have to come back to the states a couple of times a year anyway, so we'll time those for two of the runs. The others will just be standard visa runs.

[LivinLOS]

Is home schooling legal here ?? I thought it was law every child between certain ages had to legally go to a registered school ??

I personally would not consider bringing a child over for relocation on something as weak as an ED language visa, at any one time your less than 90 days from another extension check or rule change / clampdown. While yes its a long stay visa, for those who are flexible, its not what I think of as stable enough for a family.

One thing no one has mentioned. If you put a child into a private school the child can gain a 12 month ED visa (the child currently can overstay for free) and then it is possible to piggyback a dependent visa, for the parent, from this. This is a much more secure annual extension and would be my choice of options.

[ubonjoe]

Since you son will be attending school here he can get an ED visa and then apply for an extension of stay. You then can apply for a non-o visa and then an extension of stay as his caregiver. You will need 500k baht in a Thai bank for 30 days for the first extension and then 90 days after that.

With paperwork from a school for your son he could get a single entry non-ed visa and you could get a single entry non-o visa before leaving the states.

[Bellacissa]

From what I understand, because my son will still be a legal resident of our home state (Texas in this case) and is currently registered as a homeschooler, he can be homeschooled. We are essentially "visiting" Thailand until we become permanent residents.

Edited to add this link for more detailed info about homeschooling in Thailand: http://www.thaivisa.com/forum/topic/590465-home-schooling-in-thailand-for-your-child/

[JLCrab]

... by which a 6-month validity / 3 entry Tourist Visa from the Dallas Honorary Consulate makes even more sense for the first couple of years.

[ubonjoe]

There no requirement for him to attend school here of any kind. Texas law does not matter.

It was just an assumption that he would be attending school. You might want to consider him going to school just to get the extensions of stay..

[Bellacissa]

There no requirement for him to attend school here of any kind. Texas law does not matter.

It was just an assumption that he would be attending school. You might want to consider him going to school just to get the extensions of stay..

He is a special needs student, so "regular" school is not really an option. A few hours a week to learn the Thai language will be fine (he has a mental disorder - not a learning disorder), but he can't handle full time school at this point. Maybe someday. :::fingers crossed:::

[ubonjoe]

If you were to enroll in a Thai language school your son could get extensions as your dependent. The best thing to do is get enrolled in one before you leave so that you both can have visas when you leave the states. Yours would be an non-ed and his a non-o.

[JLCrab]

Another thing in the OP's favor regarding Tourist Visas is that she and her husband seem to be total anachronisms in that her husband is employed in the USA and (presumably) remains in the USA for his job. All you read these days is that, well, I'm employed in the USA but I can work anywhere in the world there is a good Internet hook-up.

So the couple and their son would have no problem proving source of funds ex-Thailand and not working in LOS should that issue ever arise.

[Bellacissa]

If you were to enroll in a Thai language school your son could get extensions as your dependent. The best thing to do is get enrolled in one before you leave so that you both can have visas when you leave the states. Yours would be an non-ed and his a non-o.

Excellent. I think this exactly the combination that we're looking for. I just wasn't sure if he could be on a dependent visa with me on a non-ed.

[Bellacissa]

Another thing in the OP's favor regarding Tourist Visas is that she and her husband seem to be total anachronisms in that her husband is employed in the USA and (presumably) remains in the USA for his job. All you read these days is that, well, I'm employed in the USA but I can work anywhere in the world there is a good Internet hook-up.

So the couple and their son would have no problem proving source of funds ex-Thailand and not working in LOS should that issue ever arise.

Yes, my husband works for a US company even though he is abroad - not in Thailand. He is paid by the US company into our US bank account and he is our income earner. So we have no trouble proving that I am not, nor do I intend to be earning income while I'm there.

[ubonjoe]

If you were to enroll in a Thai language school your son could get extensions as your dependent. The best thing to do is get enrolled in one before you leave so that you both can have visas when you leave the states. Yours would be an non-ed and his a non-o.

Excellent. I think this exactly the combination that we're looking for. I just wasn't sure if he could be on a dependent visa with me on a non-ed.

His will be a extension of stay based upon your extension of stay not visas. You will need visas to enter the country that will give a permit to stay and that is what you will then be able to extend.

There is a clause in the police order that allows for dependent extensions for those attending school.

[JLCrab]

This is from post #1: I literally just want to live there with my son until my husband moves over.

Enrolling in a school year 1 or so just for non-IMMs when extended tourist visas are available right there in Dallas is IMHO not in sync with the above -- at a minimum you will have to arrange for your son's supervision 4 hours per week + travel and even if you enroll via SKYPE you will be distracted for those 4 hours + study. You would be making things far more complicated than necessary.

[Bellacissa]

I'm not saying that I won't be looking into both options. Also, he's 12 and is capable of staying by himself for a few hours with no problem at all. Yes, he has a mental disorder, but he's just as bright and mature as any other 12 year old. I just don't know that trying to get back to back tourist visas for the next couple of years is the way to go. And if I was planning to take Thai classes anyway, why not take advantage of the visa designed for that?