Based in Thailand but consulting in region - continue with tourist or get a Non Immigrant O Visa?

[Rasmoo]

Hi all,

I've posted before about this, and I know several others are in this 'virtual working' situation, but I haven't been able to find the exact info that I'm looking for so please bear with me. I'm a US citizen, permanent residency in Australia. I was previously working in Australia for an Australian NGO, but doing program management for local partner NGOs (monitoring Australian government aid grants) in Thailand and Myanmar. I've decided to move back to Asia, and would like to base myself in Bangkok as it's a good regional hub. I'm consulting with various NGOs - Australian (online), and INGOs in Myanmar and Cambodia. The INGOs in Myanmar and Cambodia are deducting government taxes from my payment, and I'm filing for taxes in Australia. I don't have a Thai bank account (obviously), all payment goes into my Australian bank account, and I'm registered in Australia as a 'sole trader' with an Australian Business Registration. I travel frequently for work, and so had assumed up to now that I could just do multiple entry tourist visas (flights in and out and getting multiple entry at Thai consulates in the region rather than border runs), on the rare occasions that I'm not actually going in and out every 2 months.

Given the current political and visa situation here now, however, I am wondering if it is worthwhile applying for an O visa. I understand from Siam Legal that I would need to return to Australia to apply, that my previous Australian employer who is now contracting me part-time would need to write a letter stating why they need me to be based in the region (covering NGOs in Thailand, Myanmar, and now Philippines), and would also need a supporting letter from one of the Australian NGO's Thailand partners. Siam Legal apparently does B, not O. I know there is no guarantee of receiving the O visa, but I did call the Brisbane consulate and the chap there seemed friendly and seemed to think it wouldn't be difficult to get. And I thought - naively - that this visa would allow me to be working here legally. There is no way that the Australian NGO can get me a work permit, because they are not registered here. The Thailand partner would also be challenged in doing so, because of the nature of the work they are doing they can't even get one-year visas for their own staff. I just don't know if it's worth the expense of a trip back to Australia, plus AUD $225 for the visa, for something that still won't really allow me to do legal work here.

Any suggestions would be greatly appreciated....I want to do the right thing, above board, happy to pay taxes wherever, but it seems it is next to impossible to do this given my situation.

Cheers

[digitalchromakey]

Its a Work Permit that allows you to work in Thailand, the Non Immigrant Visa is purely a pre-requisite to receive a WP.

Working here you need a WP, even if no direct (or even no indirect) payment is made for your work.

There are people here working for NGOs as volunteers with the required 'O' Visa and WPs, so it's do-able, but would have to be done through the Thai partner NGO that your part time Australian NGO has.

If you don't involve law firms the costs of this exercise will drop almost by an order of magnitude - surely the Thai Partner NGO can do the paper work.

Surely, between them, the NGOs you work with can pick up the bill - after all they don't want you to get arrested and deported from Thailand while you are working with them now do they?

Plus there must be a demonstrable cost saving if you are based more locally which should more than offset the WP costs.

[samran]

Either:

If you are working in Thailand take advantage of your US citizenship setting up an amity treaty firm from which you work through.

Or convert your Australian PR into citizenship and pick up an APEC card if you qualify. Specially useful if you aren't working in Thailand.

[Arkady]

You might not be able to rely on the Thai NGO to go you a WP. You could set up a US treaty company and employ yourself but you need 3 million baht paid up capital and 4 Thai employees as well as doing the book keeping and filing. If you are too young for a retirement extension and don't have a Thai wife but have the cash, you could consider getting an investment visa by depositing 10 million baht.

[NanLaew]

Looking at the above options, if the OP is intent on relocating to Bangkok, I would suggest he carry on flying below the radar.

[Rasmoo]

Hi all,

I'm a woman, not a man (perhaps not many of them on here!!) so no, don't have a Thai wife...no, don't have millions of Baht to start a company and wouldn't have a clue what to do with 4 Thai employees! And I'm 6 years short of being eligible for a retirement visa. And not yet eligible to apply for Aus citizenship. Sigh. So I'm back to square one...unless the Thai NGO can get me a WP (and that's very doubtful), I guess I continue flying under the radar. But do you think flying under the radar becomes a bit easier with a non-immigrant O or A? Rather than continuing down the back to back multiple entry tourist visa route? And perhaps meanwhile the Thai NGO can at least apply for the WP, and my understanding is that as long as it's under consideration, you're allowed to remain (albeit having to go in and out?) So confusing!!

[ubonjoe]

Since you are registered as a sole trader you could possibly get a multiple entry non-b visa from one of the honorary consulates in Australia.

You should contact one of them to find out there requirements.Tthey are all listed on this webpage but Sydney is not one of them it is an official consulate. http://canberra.thaiembassy.org/consulate.html