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Answered3 years ago

Can I apply for an LTR visa if I spend more time outside Thailand?

Tore *********
asked Dec 20, 2023
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Hi 🙂 while thinking very hard which route to go, I was surprised to see LTR may actually be an option for me.

I (and my employer) do meet all the below requirements. Does anyone here have some expertise LTR?

My question is simply this:

Would it still be an option if I say I spend 5-6

months out of the year in Thailand, rest in Europe? (Moving tax recidency is something doubt my company would be willing to fascilitate, they would probable offer to transfer me to Hong Kong instead)
Answer summary
The conversation revolves around the LTR (Long-Term Resident) visa in Thailand, with the original poster questioning if it remains a viable option for them despite spending 5-6 months annually in Thailand. Participants share insights that suggest there is no strict residency requirement for the LTR visa; applicants can maintain a flexible international schedule. However, they caution that the application process may present challenges, especially relating to company documentation and the risk of being scrutinized by Thai authorities regarding compliance with specific visa requirements. Users also discuss their personal experiences applying for and obtaining the LTR visa, highlighting various hurdles and the importance of gathering adequate documentation.
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Tore *********
Tore *********
OP
Well, that was a dead end for me 😞

Essentially I work for “Esprit Nederland b.v. “

Public stock ticker is listed under “Esprit Holdings Ltd”

“We cannot write that, as you are not employed by the holding company”

Errrrrr, back to another METV round and maybe ED until she agrees to marry me 😆 Still got 6 years til im 50.
Ian *****
Ian *****
You can stay in or out of Thailand. I have this visa, dead simple and as long as you paid outside of Thailand by a non Thai company this is OK. Worth using a knowledgeable agent on LTR as minor things can trip you up and they spot them in advance . I used
************************
and she was excellent and got LTR first time
Terary **********
Terary **********
@Ian ****
I am mostly eligible for this visa except the company I work for is not public and therefore I am doubtful I will be able to get their financial documents. Is the company you work for private or public?
Ian *****
Ian *****
@Terary *********
....technically private, but we managed to get it through as they publicly release all info
Craig *******
Craig *******
What a goofy set of rules. I would never qualify because I'm self-employed, but if I did I wouldn't bother as I'm only in Thailand for 5 months and there is really no benefit. Also many private companies will not disclose revenue $$. TIT
Jo **********
Jo **********
yes this what I did exactly like you. I have the LTR if I can help let me know
Tore *********
Tore *********
OP
@Jo *********
thank you 🙏
Dennis ********
Dennis ********
The LTR is a multi-entry visa so you can come and go as you please over those first 5 years. Think I’ve read bits out there mentioning an annual check-in with immigration (if you stay inside for over a year on the LTR) but don’t take my word for that.

Not to sour your hopes but just wanted to echo what you’ve probably seen around relevant posts:

On top of specific verification letters (employment status, permission to work in Thailand, etc), be ready to ask your company for foundational business documents which many seem hesitant to provide…especially when it’s for a visa they are not “sponsoring”.

The LTR website has a page listing all documents they want for the application…haven’t heard directly on people’s success with having less/more documentation but the best strategy is to provide something for each of their asks.

That’s great you’re doing research 6 months in advance. Don’t wait to start gathering your application. My own experience showed how much I underestimated the time needed to get a signature from my company on a single letter. My advice: start engaging early with contacts in your company who can help with the documents needed.

Keep us posted on how the process goes for you. With every new tale, we learn more about the LTR program. Good luck! 🙌
Dennis ********
Dennis ********
Consider yourself lucky if that’s your biggest hurdle for this visa 😂
Tore *********
Tore *********
OP
@Dennis *******
by biggest annoyance from the document lists would be to have my tax returns translated and legalized
Tore *********
Tore *********
OP
@Dennis *******
Thanks. Fortunately my employer is a large multinational publicly traded company. Anyone can access the financial data. Permission to work from Thailand I already have actually.
Andy **********
Andy **********
Ask company legal eagles about Permanent Establishment. It depends on your current or future role, and your country's treaty if there is a risk. BOI will say the scheme is to create advantage for the employee not employer. Any Public company will take pause about this in case it causes a 5% fine on global revenues because you want to sit on a beach.
Jo **********
Jo **********
@Andy *********
no, no this is working remotely no permanent establishment
Andy **********
Andy **********
@Jo *********
I thought this was about working remotely in Thailand as an employee. Permanent Establishment concerns the right of Thailand to charge corporation tax at 20% on company revenues derived from business in thailand. If a company becomes liable, it is required to submit accounts to the thai authorities for the purposes of taxation assessment. My understanding is if they fail to do that, the fine is 5% on global revenues. If the employees role is nothing to do with habitually generating any revenue fir the company, there is likely no risk of PE. If the employee is involved in any sales or signing of contracts, there is risk of PE. Any company that qualifies in the LTR is creating huge risks of PE, and then you get into ESG issues (ie they need to comply with Thai law). Even if they don't have to pay any thai corporation tax because they generate no income with Thailand, they face additional costs in demonstrating that, or they pass the costs onto the employee. It's an utter minefield. Even if right now the employee is too junior to be involved in contracts, LTR might limit prospects for advancement because of the risk of PE. I'm not saying it cannot be done but it's something your employer has to take consideration. It's nothing to do with living permanently in Thailand. It's to do with tax treaties.
********************************************************************************
Jo **********
Jo **********
Andy **********
Andy **********
@Jo *********
I have emails from BOI stating no advantage for the employer. Corporation tax is nothing to do with your personal obligations. I'm going repeat yet again, it depends on your role and your career ambition. Also no company is obliged to go along with it.
Jo **********
Jo **********
@Andy *********
I have an LTR visa in which the legal document’s underlying that visa clearly state tax exemption for the individual and cooperation
Andy **********
Andy **********
@Jo *********
But kind of blocks future BD in Thailand. You have not read my reference to revenue generated in Australia. It's wrong to say PE is no issue. Individual cases vary. Public listed companies will be extremely adverse to trying to mislead or lie to Thai authorities. Any British company found to be doing this will not only lose work in Thailand, but almost certainly lose any chance of UK government work due to corrupt practices. Same in Australia.

Finally, it's not ok to say working with no work permit is not an issue. It's an issue when you are caught. Australia is home to about 100,000 illegal workers. You need to have a read of the Thailand Australia tax treaty. It might be similar wording to the UK version, which contains the rather vague habitual term.

PE can be established through remote working.
Jo **********
Jo **********
@Andy *********
No revenue from Thailand in my case. And it’s impossible, yes impossible to know what if any work I do Thailand. Also for another company I worked for as CEO previously we looked into this. Our lawyers were very clear It comes down if your working on projects within Thailand. If you are working on a project in Australia giving technical advice etc it’s not considered work in Thailand. Finally there millions of people who work remotely here while on extended holiday and this is not an issue.
Judd **********
Judd **********
I moved my family to this last year. It was an easy process I felt. I spend less than half the year in Thailand. The BOI office was nice to deal with in person but not always easy to get on the phone. Email was no problem
Coby **********
Coby **********
@Tore *****************
- just make sure the company name on your employment contract matches the company name for the 150m/public requirement.

Many people (including me) have been tripped up by minor differences in the company name where there are parent companies and subsidiaries.

Other than that, if you can get the visa, its a big win. All the best 🤞
Tore *********
Tore *********
OP
@Coby *********
Thank you. The name im not worried about. It’s a 6 letter name everyone know, directly employed.
Jean-Remy ********
Jean-Remy ********
They were expecting Ma , Zuckerberg, Musk and Bezos to apply for
John *******
John *******
The LTR work from Thailand visa has many many requirements that they don't list and arbitrarily enforce in an "o-so-Thai" kind of way. If you have plenty of time to waste then apply for it. Hope you have better success and experience than I did.
William *******
William *******
@John ******
I found the process to be very easy
Jo **********
Jo **********
@John ******
I applied and got it!
Bhavin **********
Bhavin **********
@John ******
agree , had similar experience with my LTR
Tore *********
Tore *********
OP
@John ******
Thanks. I will definitely give it a go. I have 6 months before i need to use it. I’ve seen a few positive experiences getting it, so staying positive.
John *******
John *******
@Tore *****************
let me give you my situation a bit so you can see what pettiness you will be dealing with. I applied when the program was first introduced and was denied because my employer UPS requires me to travel about 7-9 days a month through SE Asia. Your suppose to work only from Thailand. So a year later I applied again with an emphasis on my work here in Bangkok for UPS. I was denied this time due to my employer having a presence here when it's suppose to be a foreign company.

I guess what I'm saying is they will be looking very very hard for a petty reason to deny you. They love to brag about how many applications they have had submitted, but never reveal how many were approved. Do yourself a favor and don't waste your time on what I can best describe as just "pettiness"
Brandon ************
Brandon ************
Thailand could care less how long you spend in Thailand for any visa. As long as you're back in time for your extensions and/or 5 year review for LTR
Harry ********
Harry ********
This visa can be obtained without being resident in thailand??
Jo *********
Jo *********
@Harry *******
I would assume it would give you rights to residency...
Chris *******
Chris *******
@Harry *******
yes the possessor can come and go as they please.

No time in country is required.
Brandon ************
Brandon ************
@Harry *******
no resident of Thailand needs a visa. Permanent residents are residents.
Tore *********
Tore *********
OP
It appears there is no time requirement to stay in Thailand for this 😮 Now lets see how bad my company wants to keep me 😆

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