Extending a Non Immigrant Visa B for one year

A foreign investor conducting a business in Thailand or working for a Thai company may if all conditions and documentary requirements are fulfilled file an application and obtain a one year visa.

Condition and Documentary Requirements

A foreign investor may apply for a one year Visa B extention if he fulfill all the conditions below and if he able to provide all the supporting documents listed below:

(1) has been granted a non-immigrant visa (NON-IM).

(2) earn a minimum income as per the attached Table of Income (Annex A).

Countries	Minimum Income in Thai Baht
Europe (except Russia) and Australia, Canada, Japan, the United States of America	50,000 per month
South Korea, Singapore, Taiwan, and Hong Kong	45,000 per month
Asian Countries  (except Japan, South Korea, Singapore, Taiwan, Hong Kong, Cambodia, Myanmar, Laos, and Vietnam)South America,Eastern Europe, Central America, Mexico, Russia, South Africa	35,000 per month
Countries in Africa (except South Africa), Cambodia, Myanmar,Laos, and Vietnam	25,000 per month

(3) The business must have a paid-up registered capital of no less than Baht 2 million.

(4) Said business must have submitted its financial statements as at the end of its fiscal year for the past two accounting years which have duly been audited and certified by a certified public accountant or a tax auditor, to prove that the business is sufficiently secure with actual and continuous operation, according to the guidelines for consideration of business status concerning the actual and continuous operation attached hereto (Annex B).

Item	Documents
(1)  Business conducted in accordance with registered objectives	(i)   an affidavit/directors’ certificate certified by the Registrar within the past six months(ii)  a form for submission of financial statements (Form Sor.Bor.Chor.3 or Sor.Bor.Chor.3/1)
(2)  Audited financial statements certified by a certified public accountant or tax auditor(3)  Reports of a certified public accountant or tax auditor with unqualified opinions, or if there are any opinions, such opinions shall not be in relation to the ongoing concerns of the business operation, reports of a certified public accountant or tax auditor, as the case may be(4)  Transactions must be made for the assets, i.e. cash and deposits with financial institutions, trade receivables, inventories, current assets, and others as shown in the balance sheet (5)  Depreciation or impairment of assets under land, building, and equipment categories, balance sheet, notes to financial statements (6)  Transactions must be made for the liabilities, i.e. trade payables, loans, current liabilities, and others as shown in the balance sheet	(iii) balance sheet, notes to financial statements
(7)  Notes to financial statements must not specify “no business operation” or “dormant”.	(iv) profit and loss statement, notes to financial statements
(8)  Monthly value added tax returns must be filed for any business recorded for value added tax registration (all businesses that earn income by selling or providing services or from other main income of more than Baht 1,800,000 per year or in the amount which is required to be registered for value added tax by the Revenue Department)	(v)  value added tax return forms (Forms Phor. Por. 30 or Phor. Por. 36) and receipts
(9)  Special business tax returns must be filed monthly (for any business required to be registered for specific business tax).	(vi) special business tax return forms (Form Phor.Thor.40) and receipts
(10)       Individual income tax returns must be filed monthly	(viii)       employee withholding income tax return forms (Form P.N.D. 1)
(11)       Social security contribution returns must be filed monthly.	(ix)      general social security contribution return forms (Form Sor. Por. Sor. 1-10)

(5) The business needs to hire foreign workers.

(6) The business must have a ratio of one foreign employee per four permanent Thai employees.

Remarks

Note: After a few weeks when this practice was discontinued by immigration newly registered companies (less than one years since their creation) may once again be used to support an application for a one year visa even if they may not provide audited financial requirements during the first year providing that they can provide proof that VAT is paid, Withholding Tax and Social Security are paid

Note: Some particular type of businesses may be exempted from some of the requirements. In particular, international trade business (representative office), Regional office, or  Overseas company (branch office) shall be exempted from the requirements under criteria (3), (4), and (5). In addition said documentss will benefit of a special ratio of Thai employees. From four Thai employees for one foreigner the requirement is reduced to one Thai employee per permanent Thai  employee.

Note: If you need to travel out of Thailand during the one-year extension period and leave and re-enter the country without losing your visa you are required to apply at the Immigration office for re-entry permit (single or multiple) before departure. If you leave the country without a re-entry permit your 1 year extension shall become void.

Reporting Requirement

At the end of the 90-day uninterrupted period of stay , you must report to the immigration officer of your residence area and report again every 90 days during your stay in Thailand. The 90 days period is calculated from your last actual entry (if for example you travel frequently in and out you recalculate the 90 days from the last time you enter Thailand)

Spouse

If your spouse is not eligible to apply for a Visa B or to benefit of a one year extention on her own she may obtain a Visa O relative which visa may also be extended for a period of one year. A marriage certificate must be provided as evidence and should be notarised by notary organs or by the applicant’s diplomatic or consular mission.

Alternatives

If you have for example an employer in Thailand, a work permit and a visa B but your employer or the company you are invested into does not fulfill yet all the requirements to support your one year visa (for example the company does not have yet four Thai employees) do not think that your situation may not be solved one way or another.

There may be other visas alternatives for you.

For example you may have a Thai children or a Thai wife or you may have a foreign children which is studying in a local high school in which cases you may qualify for one type of visa extention or another. Do not hesitate to contact us if you are not sure of what is the visa solution the more adapted to your case.

About the Author:

The author Rene-Philippe DUBOUT is a lawyer since 1990 when he was admitted to Geneva bar (Switzerland). He practiced as a litigator there for 10 years until he moved to Thailand in 1999. In 2002 he founded with a group of Thai lawyers Rene Philippe & Partners Ltd a local law firm that specialized in Cross Borders Investments and Real Estate. He has been lecturing in several Thai Universities and a speaker to numerous conferences and seminars. He is the author of a must read book:”How to Purchase Real Estate Offshore Safely: The Case of Thailand”.

http//:www.renephilippe.com