Long Term Visa Options

Each year, many foreigners fall in love with Koh Phangan and the Thai culture. They have a strong desire to call Koh Phangan home but don’t know where to start regarding the long term visa options. This is where Fairfax Law Firm can help you. We know the ins and outs of Immigration laws and know exactly how to help you.

We have compiled some general information about the most common visa types held by the people in Koh Phangan, their benefits and what it means for you. If you are interested in knowing more about any of these visa types, please message us at info@fairfax-lawfirm.com to book your free consultation today.

We have broken down the various types of long term visa options into 3 categories: Study, Work and Family. Most visa options can be applied from within and outside of Thailand granted that all requirements are met. In most cases, you need to apply for a 90 day visa first and then apply for a 1 year visa.

Although the application process may be more complicated, being the holder of a long-term visa and work permit brings in several benefits.

• Ability to stay in Thailand for extended period with minimal visits to Immigration office/Thai consulate (compared to tourist visa).
• Ability to apply for work permit.
• Ability to open up personal Thai bank account.
• Can own and register motorbikes and cars in your name.
• Can sign-up for monthly phone contract.
• Spouse may be eligible for Non-Immigrant O visa in some cases.
• During emergency situations such as Covid-19, you would be allowed to re-enter Thailand

Study – Educational Visa (ED)

If you want to study or learn a new skill, you may be eligible for an Educational Visa. This allows you to be in Thailand during the course. This is not an advisable long term option to stay on the island, however depending on your studies, it can provide you a possible visa for 1-3 years.

In Koh Phangan, you can attend a course such as a language course to learn the Thai language. It is important that the school has a certification from the Ministry of Education of Thailand. With your enrolment in a certified school, you are eligible for an educational visa.

An Educational Visa requires several documents from both the School and yourself. The school is generally able to support your ED application. For application support, immigration, advice interpretations and legal council, please communicate with Fairfax Law Firm.

Work – Non-Immigrant Visa Type B

Under the Work categories, there are few options available.

Start a business and get a Business Visa

If you start a business in Thailand, you can get a business visa and can live in the country as long as your company meets the requirements.

It is important to know that the majority of shares in a Thai company must be owned by a Thai citizen (nominee) unless it is part of a special Board of Investment program. This means that foreigners can only own up to 49% of a Thai company. That being said, you can have 100% control of your company even with the 51% Thai ownership.

There are several types of companies. The most popular type is a private limited company in Koh Phangan. Although foreigners may only own 49% of the shares, they can have a vast majority of the shareholders’ voting rights and can be appointed as the directors in order to manage and control the company.

Once your business is established, you can apply for your Non-Immigrant Business Visa and later on, will be able to apply for your work permit.

It is strongly advised to consult a lawyer and have the help of a professional in this field when setting up a business or buying an existing business. There are several steps in this process and you are required to deal with various Thai Government offices. Hiring a law firm to set up your business will ensure it has been properly registered as per the Thai law.

Buy an existing business and get a Business Visa

Buying an existing business can be easier than setting up a new one granted that it had been set up properly and monthly/yearly accounting was done. A lawyer can help you do your due diligence. Before buying a business, they can help you make an informed decision and uncover information around a company’s accounts, registration details, current directors and shareholders and any liabilities and pending legal proceedings.

Once your business documents have been updated, you can apply for your Non-Immigrant Business Visa and later on, will be able to apply for your work permit.

Find a job and get a Business Visa

Besides starting your own business or investing into one, another way to receive a business visa is to get a job.

The Thai government categorised jobs to determine which jobs can be held by foreigners who wanted to work inside the country. The Government is using that approach to ensure Thai citizens have priority on certain fields of employment.

Generally, an employer may get a work permit for a foreigner with specialised skills that are not available in their region. In Koh Phangan, this may be professions such as teachers, diving instructors, high management positions etc.

Once you found a suitable employer, they will need to supply documentation to support your Non-immigrant B visa and once approved, they will need to support your work permit application.

Do I really need a Work Permit?

YES. Unless you are a Thai citizen, if you wish to work in Thailand legally, you must have a work permit.

The work permit is a small, blue-covered book with the words “Work permit” on it, and your employer must provide you with this document before you start any type of work.

If you are doing anything one could consider working as well as volunteering, remote work, freelancing and so on, you are required by Thai law (Alien Working Act of Thailand) to have a work permit.

Unlike the work visas or green-card systems in some other countries, the Thai work permit is specific to an employer, title and a workplace. That means that even if you have a work permit to work as a teacher at a school teaching English, if you’d also want to work as a Manager in a hotel, you would need to add the new employer, title, workplace to your work permit.

Family – Non-Immigrant Visa Type O

Marriage Visa

If you legally marry a Thai national, you apply for a Non-immigrant O visa. This typically requires you to have money in the bank to prove you can support yourself and your new family in Thailand without working. If you happen to find a job, it is possible to have a work permit while on this visa type.

Dependant/Guardian Visa

If your Thai or foreign child is enrolled in school, you may be eligible for a Non-Immigrant O visa as his/her guardian.This typically requires you to have money in the bank to prove you can support yourself and your new family in Thailand without working. If you happen to find a job, it is possible to have a work permit while on this visa type.

Retirement Visa

The option of the retirement visa is available for foreigners over 50 years old provided that you have sufficient funds to support yourself in Thailand without working, or you must have a monthly pension coming in from abroad.

Notes

This article is only a short summary of each visa type. For application support, Immigration advice, interpretations and legal council, please message us direct at info@fairfax-lawfirm.com or on our Facebook Page to book your free consultation today.

The long term visa options information contained in this article was correct at the time of publishing and may change. This article does not constitute legal advice. Please consult with Fairfax Law firm or any other certified legal advisor before making any business or visa decisions.