What Are the Best Visa Options for an Expat with a Business in Thailand and a New Baby?

Jun 8, 2020
4 years ago
Nick *******
ORIGINAL POSTER
Hi and thank you for accepting me into the group.

I think my situation is quite complicated but I am sure with the knowledge of the group I will get some simple advice on the correct next step....

I have been in Thailand for 3 years on NON IMM Multiple entry business visa with work permit. My company have been 90 day reporting for me.

My employment finishes on 30 June and my employer has asked me to give them my passport / visa and WP at that point as they will cancel both ( they have said that by law they need to do this within 7 days of the end of my employment)

I am in a long term relationship with a Thai and we have a baby due in the next 48 hours !

We will marry - as soon as her divorce to a Thai man is completed which will be in July.

I am about to buy a business ( tomorrow) and I understand that I will need to get a work permit as I will be the owner of a limited company ( with 2 Thai shareholders one of which will be my wife) once the limited company is transferred to me.

So - should I do nothing ? And use the amnesty until end of July and then apply for another Non Imm B visa, or should I apply for a VISA based on being a parent of the baby we will have this week ? Then later apply for the Non Imm B VISA ( I don’t expect to get any income from the business until August as we will start up in July)

So really confused about the best next step to take ....HELP !
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TLDR : Answer Summary
An expat in Thailand, currently on a NON IMM Multiple entry business visa, is seeking advice on what steps to take after his employment ends. With a baby due soon and planning to marry a Thai citizen, he is unsure whether to apply for a Thai family visa based on parenthood, use the amnesty to remain in Thailand, or cancel his current visa to apply for a retirement visa while preparing to start a business. The community suggests considering the cancellation of the current visa, utilizing the amnesty option, and exploring options following the birth of his child.
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Wayne **********
Please remember also that earning money (From your business - or indeed from someone else's business) does not necessarily equate to work. I f you want to work at your business - or any other you will need the appropriate visa plus a work permit related to the business. So nothings easy, (Including parenting as you are about to discover but good luck on all your plans and hopes for you and your family)
Nick *******
ORIGINAL POSTER
@Wayne *********
great thanks all for the advice ( btw I have 2 kids in Farang land already...lad age 21 and girl of 15 so I have felt the pain already - kind of expecting it to be easier being a father to a half Thai 😂🤔)

SO my plan is : cancel my current extension based on employment finishing on June 30th, apply for new extension based on retirement as I am 51 and have plenty of money in Thai bank ( been in the bank for 2 years)

Then when we marry in August I will change the reason of extension to marriage. Although I will start up the restaurant in July I only expect to start to ‘earn’ money from it in August. Once we are married ( expect this will be in August ) I will apply for a Work Permit.

Edit....

This last point is important s I will start up the restaurant while still on the retirement visa extension .... but I will not earn any money ( as I know you cannot earn money on a retirement visa.... but although not ‘earning’ what about the fact that I will be working to start the business up ?

ALL GOOD ?
Tod *********
(y)

That's why I told him that as soon as he gets married to change his extension from one based on retirement to one based on marriage so that IF he does work he can legally hold a work permit without needing a non-b visa/extension...
Tod *********
no disrespect
@Ni**
but now it sounds like you're just grasping at straws to stay. :(

You would have 800K baht in a thai bank account in your name only for 2 months before you apply for the extension and you could get a yearly extension based on being over 50 (retirement).

the ONLY way(s) to do it would be to cancel your current extension based on employment and then apply for the retirement extension. You could apply for it after the 60 day visit family extension if you wanted to as that'd buy you time in case you needed to have the money in the account the correct amount of time.
Nick *******
ORIGINAL POSTER
@Tod ********
actually the money has been in my Thai account for years .... so it sounds like thats the best approach - eg take along current visa and wp, explain that my employment will end on 30 June, then apply for retirement visa. Then wait for my marriage ( so that I only have to employ 2 Thais and not 4) and transfer of limited company to me, then apply for new B visa and work permit and cancel my retirement visa ??

Yes ( sorry this is bouncing around but I did say from the start that it’s a bit complicated and the advice has evolved as I have added further clarity )

I really appreciate the advice - and am certainly not feeling disrespected whether clutching at straws or not 🙏
Tod *********
You need to check with your immigration office because MOST times getting a 60 day "visit thai family" extension requires the REASON you're getting the extension (meaning you need to have the thai family member there with you) but your case with a newborn I don't know.

You usually need, copies of the mother's thai i/d, mother's house book, birth certificate with your name as the father, your passport copies, your TM30 receipt, etc.

BUT I'd definitely GO to the immigration office and see what you need and see IF you can get it without the mother and baby being there.
Nick *******
ORIGINAL POSTER
@Tod ********
Thanks 🙏 I will go and talk with them I think ( can take my partner with me tomorrow assuming baby doesn’t decide to come !)

One other question.... as I am 51 and have a considerable Thai bank balance .... is a retirement visa a better option ? And then apply for business visa once my restaurant starts trading ?
Tod *********
There MIGHT also be a chance they will tell you to cancel your current extension, go ON the amnesty and then before the end of July go back and apply for the 60 day visit thai family extension (but that is totally up to the indiividual immigration office)

You need to check with them anyway, so see if they'll do it or not
Tod *********
@Nick ******
, sadly you and many many THOUSANDS of foreigners here on the amnesty will have to wait to see what happens once they get the borders, neighboring countries and thai consulates in them open & what the new entry requirements might be (IF there are any).

Now in re-reading your post you "might" (as in perhaps) have a chance for an extension

if your half thai child is born soon enough, you can cancel this Non-B extension and then immediately apply for a 60 day visit thai family extension,

that would buy you two months (so past the amnesty) and let you see IF any other opportunity for another type of extension comes up (marriage, owning the company etc)

That's the only thing I can think of.. Otherwise if you just cancel this extension and go on amnesty you're done, and you WILL have to leave the country to start any other process once amnesty is over
Nick *******
ORIGINAL POSTER
@Tod ********
apart from burr certificate and my passport what are the requirements for this visa ?

Does my Thai partner need to come ? ( hoping she doesn’t need c-section 😳)
Nick *******
ORIGINAL POSTER
@Tod ********
ok thanks. Well the baby is being induced tomorrow. So it looks like we get the birth certificate and go to immigration as soon as we can with current visa and wp , cancel it and apply for the 60 day Thai family visit visa there and then 👍
Nick *******
ORIGINAL POSTER
Also- do I understand from your advice that when it comes to applying for new visa ( married or business ) I will need to be outside Thailand ?
Tod *********
Seeing as you're not ready to apply for ANY new extension at this time, once you go on amnesty you're done. You ride out the amnesty, you watch for the borders opening up, you watch for the thai consulates in nearby countries opening up and finally you watch for what amnesty holders need to do once all that happens.

You WILL have to leave the country and come back (either to go to a thai consulate and BUY a visa OR to leave, come back and then apply for a visa inside the country at the immigration office).
Nick *******
ORIGINAL POSTER
Thanks ....what is the benefit of cancelling the current visa and wp ‘now’ ? Vs just letting it get cancelled in early July ?

Also- to go on ‘amnesty’ do I need to go to immigration ? Or just do nothing ?
Tod *********
You can't just "let it run out" and think that it's cancelled, because that's NOT how extensions work.

You need to get the work permit cancelled, then the extension and THEN you will go on the amnesty automatically.
Tod *********
Just so you're clear, when you cancel your extension based on employment and go on amnesty you're not going to be able to get ANY visa inside the country from the immigration office. You need real hard stamped days left to do that, not no stamp amnesty days. SO, just take the amnesty for the next 6-7 weeks and see what's what after that.
Tod *********
cancel the work permit and the extension you're on now. Take the amnesty until the end of July, see what the situation is then as far as borders and nearby consulates being open.

As far as a long term extension based on being the father of a half thai child, or marriage to a thai, OR because you're owning a thai company, That's all down the road a ways.

Take the amnesty, figure out what you wanna do and go from there.
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