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Guidebook Doing Business and Investment in Thailand 2019

Corporate and Commercial

Establishing a company limited in Thailand requires registration with the Department of Business Development

Visa and Immigration Services

Visa and Immigration Services

Where someone is supporting your application you should provide evidence of your relationship, for example, evidence of contact / relationship with the person supporting the application, for example, letters with original envelopes, emails, telephone bills, photographs and money transfers.

 

Australia Visa

A complete application would include

  1. Form 48R for a Tourist visa – completed in English and signed by the applicant
  2. A non-refundable Visa Application Charge (VAC) payable either by Cashier’s Cheque (if purchased in Bangkok or Nonthaburi, Samutprakarn provinces) or ‘Bank Draft’ (only if purchased in Thailand) payable to ‘Australian Embassy Bangkok’ in Thai Baht
  3. A passport that is valid for the total period of your stay in Australia, or for a minimum of 6 months
  4. One passport photo of each applicant
  5. Thai National Identification card
  6. Evidence of family, employment and other ties to your country of usual residence
  7. If visiting or travelling with a relative - evidence of your relationship with the person you are visiting, for example, marriage certificate(s), birth certificate(s), house registration certificate, statement detailing the relationship, or a combination of these documents.
  8. Where someone is supporting your application you should provide evidence of your relationship, for example, evidence of contact / relationship with the person supporting the application, for example, letters with original envelopes, emails, telephone bills, photographs and money transfers.
  9. Evidence that you have adequate personal funds, or access to adequate funds to support yourself (and any family members traveling with you) during the period of intended stay, for example, a current bankbook or bank statement with at least 6 months history of transactions. Cash or credit cards are not sufficient evidence of funds. If you are providing a bankbook, you are required to provide the original bankbook which will be returned to you with your passport.
  10. If you are employed you should present evidence of current employment in the form of an original letter from your employer outlining your present position, length of service, salary and period of approved leave. If you are self-employed, you need to provide evidence of business ownership such as business registration or shareholder's certificate.
  11. Students should present evidence of enrolment in a school or educational institution.
  12. All applicants are required to meet health requirements. Generally, applicants for a visitor visa are not required to undertake a medical examination. A medical examination may be requested if you:
    • are likely to enter a hospital or health care area, including nursing homes, for any purpose
    • likely to be enrolled in or engaged in an Australian preschool-aged child care centre, including preschools and creches, as wither and employee or trainee
    • will enter a classroom environment for than 4 weeks
    • are over the age of 70
    • present any indications you may not meet the health requirement

If this is the case you will be advised by staff at the Visa and Immigration Office, Australian Embassy Bangkok of the type of medical examination required and you will be provided with the necessary forms (26 and/or 160). Medical examinations must be undertaken by a doctor from a list of approved doctors provided by the Visa and Immigration Office, Australian Embassy Bangkok.

Applicants over 70 years of age

  1. Evidence from your doctor stating that you are fit to travel to Australia without assistance and that you are likely to be fit enough to be able to return home without assistance.
  2. Medical insurance to cover your full stay in Australia.

Applicants under 18 years of age

An original statement from an Amphur office (Thai Government District Office) giving permission from the non-traveling parent/s or legal guardian/s for the child to travel to Australia; OR Form 1229 signed by the non-traveling parent/s or legal guardian/s and witnessed at the Australian Visa Application Centre or by appointment at the Australian Embassy in Bangkok. This consent should confirm the permission of the non-traveling parent(s) or guardian for the child to travel to Australia and the period of time the child is permitted to stay in Australia. Consent Forms are available from the Australian Visa Application Centre.
You can expect a decision on your application within 3-5 days from the day you lodge your application.

Other Application visa in Australia

  • Applying for a visitor visa to Australia
  • Applying for short stay business visitor visa to Australia
  • Applying for a transit visa to Australia
  • Applying for a student visa to Australia
  • Applying for a student gurdianvisa to Australia
  • Applying for a partner migration visa to Australia
  • Applying for a child migration visa to Australia
  • Applying for (other) family migration visa to Australia
  • Applying for a resident return visa to Australia

 

Canada Visa

Every year, more than 35 million people visit Canada to enjoy the many opportunities Canada has to offer. If you want to visit Canada, you may need a visa. Canada requires citizens from some countries and territories to get a visa before they can enter Canada.

Some people are inadmissible—they are not allowed to come to Canada. Several things can make you inadmissible, including involvement in criminal activity, in human rights violations or in organized crime. You can also be inadmissible for security, health or financial reasons.

Criminal offences include both minor and serious offences, such as theft, assault, manslaughter, dangerous driving and driving while under the influence of drugs or alcohol. However if you were convicted of a crime when you were under the age of 18, you can probably still enter Canada.

  1. Temporary Resident Visa Application
  2. Working or studying in Canada
  3. The Refugee System

I. Temporary Resident Visa Application

  1. Obtain a Temporary Resident Visa application kit.
    Outside Canada, contact the Canadian embassy, high commission or consulate responsible for your area to have the application mailed to you.
  2. Read the guide.
    The fee for processing your form is not refundable, so make sure you are eligible to get a Temporary Resident Visa before you apply.
  3. Complete the application form and attach the necessary documents.
    The application form contains instructions. Read the instructions and be sure to provide the required documents. If you do not provide all the requested information or documents, your application may be delayed.

    You can use the same application form for your spouse or common-law partner and for dependent children under 18 if they will be traveling with you.

    All required documents must be included with your application:
    • You must have a valid travel document (such as a passport) for each family member on the application.
    • Two recent passport photos of each family member are required. Make sure these photos meet the requirements.
    • Enclose the application fee and the IMM 5401 receipt of payment. Your fee will not be refunded, even if your application is not accepted.
    • You must provide proof that you have enough money for your visit to Canada. The amount of money may vary, depending on the circumstances for your visit, how long you will stay and whether you will stay in a hotel, or with friends or relatives. You can get more information from the Canadian visa office in your country or region.
    • You may need to include other documents. These documents could be identification cards, proof of employment, a letter of invitation from relatives or friends in Canada, or a proposed itinerary. Check the website of the visa office responsible for the country or region where you live for more information.
    • You might need a medical examination to be allowed to enter Canada. If you do, a Canadian immigration officer will tell you and will send you instructions about what to do. A medical examination can add more than three months to the processing time of your application.
  4. Pay the fee and get the necessary receipt.
    The fee per person is $75 for a single entry visa, $150 for a multiple entry visa or $400 for a family (multiple or single entry).
  5. Mail the application form and necessary documents.
    When you have completed the application form, make sure you sign and date it, and that all required documents and fees are included in the envelope.

    If you move or change your address, telephone number or any other contact information after you send your application to the Canadian visa office in your country or region, you must notify the visa office.
  6. Your application is processed.
    After you send your application, it will be reviewed at the visa office to ensure it has been completed correctly and that it contains all the required documents. A visa officer will decide if an interview with you is necessary. If an interview is required, you will be notified of the time and place.

    If your application is refused, your passport and other documents will be returned to you. You will also receive an explanation why your application was refused. If you sent fraudulent documents, they will not be returned.

    If your application is approved, your passport and documents will be returned to you with your visa.
  7. Processing time.
    How long it takes to process your application varies depending on the visa office where you applied.

    Most applications for Temporary Resident Visas are processed within a month or less. Processing times vary depending on the visa office.

 

Working or going to school in Canada

You will be asked to leave Canada if you work or study without a permit, or if you violate the conditions of your visa. Most people asked to leave Canada have the right to an impartial hearing to review the decision.

Changing your status after coming to Canada as a visitor

After you arrive in Canada, you may want to change the conditions of your visit. This is possible in special cases. Most visitors are allowed to stay in Canada for no more than six months. The date that you must leave Canada will be stamped in your passport. If you have a study permit or a work permit, the same expiry date will also be stamped in it.

If you decide you want to stay longer, you can apply for an extension at least 30 days before your Temporary Resident Visa expires.

Becoming a permanent resident of Canada

If you wish to stay in Canada as a permanent resident, you must leave the country and apply from outside Canada. To become a permanent resident, you must meet the requirements for immigration to Canada.

However, you can apply to become a permanent resident from inside Canada if you are:

  • a refugee or a protected person
  • a spouse or common-law partner of a Canadian citizen or permanent resident
  • a live-in caregiver or
  • you hold a valid Temporary Residence Permit (formerly called a Minister's Permit)

 

II. Working or studying in Canada

You must apply for a work permit or a study permit before coming to Canada. If you are visiting Canada and you want to apply to work or study, you must leave Canada and apply from your home country. However, some cases, working without a permit or studying without a permit is allowed.

 

1. Working temporarily in Canada

A work permit is needed for most temporary jobs in Canada, though for some positions and business people it is not necessary.

There is a difference between coming to Canada as a business visitor and coming to Canada as a businessperson.

The requirements and processing times depend on what sort of work you will be doing when you come to Canada.

How to apply

If you are applying to work temporarily in Quebec, you must meet all of the federal requirements and you must get a Quebec acceptance certificate (CAQ) from the province.

Before you fill out the application, you will need the following:

  • A written job offer from your employer.
  • Proof that you meet the requirements of the job (for example, proof of certain education or work experience).
  • The positive labour market opinion on your job offer from Human Resources and Social Development Canada (HRSDC), if one is required. In some cases, you can submit your application while you wait for the positive labour market opinion.
  • If you need an HRSDC opinion, it is up to your employer to get it and send it to you.
  • Remember, even if HRSDC has given a positive labour market opinion, there is no guarantee that you will get a work permit. Some jobs do not require an HRSDC opinion.
  • Proof of identity in the form of a valid passport or travel document that guarantees that you will be able to return to the country where it was issued.
  • If you are not a citizen of the country in which you are applying, you must also provide proof of your present immigration status in that country.

After your employer gets confirmation that you can be offered a job, he or she will send you the labour market opinion confirmation letter. You must provide the detailed job offer with the application.

Determine if you need a passport and a temporary resident visa.

If you want to work in Canada, you must meet the requirements for a work permit. You must also meet the general requirements for entering Canada. This means that you might also need a passport and a temporary resident visa.

A temporary resident visa is an official document that is placed in your passport. To find out if you need a visa to enter Canada.

If you require a temporary resident visa, you do not have to apply for it separately or pay a separate fee. If your work permit is approved, the visa will be issued at the same time as the documentation you need to enter Canada as a worker.

If you are a citizen or a permanent resident of the United States, Saint-Pierre-et-Miquelon or Greenland, you do not need a passport or a temporary resident visa to enter Canada. You must, however, provide proof of citizenship or permanent residence, such as a national identity card or an alien registration card.

You may be asked to go to an interview with Citizenship and Immigration Canada officials in your country or to send more information.

You might need a medical examination to be allowed to enter Canada. If you do, an officer will tell you so and will send you instructions on what to do. A medical examination can add over three months to the time it takes to process your application.

An officer may impose, change or cancel conditions when issuing a work permit. These conditions may include the following:

  • The type of work you can do
  • The employer you can work for
  • Where you can work
  • How long you can work

If you have been authorized to work by a visa office outside of Canada, you will receive a letter of authorization stating that you are allowed to work in Canada. That letter is not a work permit.

When you arrive in Canada, you must show your letter of authorization to the immigration officer. You must also show your passport, your visa (if one is required) and any travel documents you are carrying (such as airline tickets). The immigration officer will then give you a work permit that sets out the conditions of your stay and work in Canada. These may include your job title, your employer, and the length of time that you can work in Canada.

Medical and health insurance and worker's compensation in Canada

Your employer is responsible for making sure that you are covered by medical and health insurance and worker's compensation when you arrive in Canada.

Getting a social insurance number

You must have a social insurance number (SIN) to work in Canada.

You can pick up an application form for a SIN at the point where you enter Canada. You can also download the form from the Human Resources and Social Development Canada website. You can mail the completed application form and the necessary identification, or you can submit it in person. Instructions are given on the form. When you receive your SIN card, give the number on it to your employer.

You are offered a different job in Canada

If you are offered a different job in Canada, you must apply for a new work permit.

Do not start your new job without a new work permit.

You leave Canada and then want to re-enter

If you leave Canada after working here and then want to come back here to work, you must have a valid passport or travel document and a valid work permit.

 

2. Studying in Canada

  1. To be eligible to study in Canada
    1.1 You must have been accepted by a school, college, university or other educational institution in Canada.
    1.2 You must prove that you have enough money to pay for your:
    • tuition fees;
    • living expenses for yourself and any family members who come with you to Canada;
    • and return transportation for yourself and any family members who come with you to Canada.

   1.3 You must be a law-abiding citizen with no criminal record and not be a risk to the security of Canada. You may have to provide a police certificate.
   1.4 You must be in good health and willing to complete a medical examination, if necessary.
   1.5 You must satisfy an immigration officer that you will leave Canada when you have completed your studies.

Exceptions

In some cases, you do not require a study permit to go to school in Canada.

• If you wish to study in a short-term course or program
You do not need a study permit if you are planning to take a course or program in Canada that lasts six months or less. You must complete the course or program within the period authorized for your stay in Canada.
Even if you do not need a study permit, it’s a good idea to apply for a permit before you come to Canada. If you decide that you want to continue your studies in another program after you complete your short-term course or program, you must apply through a Canadian visa office outside Canada for a study permit if you do not already have one.
• Foreign representatives to Canada
If you are a family member or staff member of a foreign representative to Canada accredited by the Department of Foreign Affairs and International Trade (DFAIT), you may not need a permit to study in Canada. You should contact your embassy in Canada. Your embassy can contact the Office of Protocol at DFAIT to find out whether or not you need a study permit.
• Member of foreign armed forces
If you are a member of foreign armed forces under the Visiting Forces Act, you do not need a permit to study in Canada. If your family members, including minor children, want to study in Canada, they must meet the requirements.

2. Disclosure of funds
If you arrive in Canada with more than CAN$10,000, you must disclose this information to the CBSA officer. If you do not disclose this information, you could be fined or put in prison. These funds could be in the form of:

• cash;
• securities in bearer form (for example, stocks, bonds, debentures, treasury bills);
• or negotiable instruments in bearer form, such as bankers’ drafts, cheques, traveler’s cheques or money orders.

3. Leaving and coming back to Canada
If you leave Canada and want to return, you must have:

• a valid passport or travel document;
• a valid study permit if you are returning to study in Canada; and
• a valid temporary resident visa, if you are a citizen of a designated country for which Canada requires a visa.

Note: If you are a citizen of a designated country and you travel to a country other than the U.S. or Saint Pierre and Miquelon, you need a multiple-entry visa to re-enter Canada. If your temporary resident visa has expired, or if your visa was only valid for a single entry, you will have to re-apply for a temporary resident visa at a Canadian visa office outside Canada if you want to re-enter Canada.

 4. Health insurance
The Government of Canada does not pay for the medical costs of foreign students. Health coverage for foreign students varies among the provinces. Contact the school to which you are applying to receive more information about medical coverage and health insurance.

5. Extending your stay
Renewing your study permit      
If you want to extend your stay in Canada as a student, you must complete an Application to Change Conditions or Extend Your Stay in Canada. Check the expiry date on your study permit, and make sure you apply before that date. You should apply for renewal at least 30 days before your current permit expires.

Restoring your status      
In some cases, you may apply to restore your status as a student within 90 days of losing it. You may only apply if you have continued to meet the requirements under which you were allowed to enter and stay in Canada and you have met all of the conditions imposed on your permit.

After you apply to restore your status, you may stay in Canada and continue to study until a decision is made on your application.

 

3. The Refugee System
Refugees and people needing protection are those in or outside Canada who fear returning to their home country. In keeping with its humanitarian tradition and international obligations, Canada provides protection to thousands of people every year.

Canada offers refugee protection to people in Canada who fear of persecution or who may be at risk of torture or cruel and unusual treatment or punishment, and are unwilling or unable to return to their home country.

Groups and individuals can sponsor refugees from abroad who qualify to come to Canada.

3.1 Refugee claims in Canada
Canada offers refugee protection to people in Canada who fear persecution or who may be at risk of torture or cruel and unusual treatment or punishment, and are unwilling or unable to return to their home country.

If you feel that you will be persecuted or otherwise at risk as mentioned above, if you return to your home country, you can seek protection in Canada as a Convention Refugee or a person in need of protection. To be eligible, you must apply from within Canada or at a point of entry to Canada.

Canada offers refugee protection to people in Canada who fear persecution and are unwilling or unable to return to their home country.

If you feel that you will be persecuted if you return to your home country, you can seek protection in Canada as a Convention refugee or as a person in need of protection. To be eligible, you must apply from within Canada at a local Citizenship and Immigration Canada (CIC) office or at a point of entry to Canada.

3.2 Convention Refugees
A Convention Refugee is a person who is outside their home country or the country where they normally live, and who cannot return because of a well-founded fear of persecution based on:

• race;
• religion;
• political opinion;
• nationality; or
• membership in a particular social group, such as women or people of a particular sexual orientation.

3.3 Person in need of protection
A person in need of protection is a person in Canada who is afraid to return to their home country or the country where they normally live, because of:

• a risk of torture;
• a risk to their life; or
• a risk of cruel and unusual treatment or punishment.

3.4 Some people are not eligible
Some people are not eligible to claim refugee protection in Canada. You cannot apply if:

• you have been recognized as a Convention refugee by another country to which you can still return;
• you have already been granted status as a protected person under the Immigration and Refugee Protection Act or its regulations, but have had your protected status removed;
• you arrived in Canada, directly or indirectly, from the United States and must comply with the Safe Third Country Agreement;
• you are not eligible to enter Canada because of security, criminal activity, or human rights violations;
• you have had a previous refugee protection claim rejected by the Immigration and Refugee Board (IRB);
• you made a previous claim for refugee protection and your claim was found to be ineligible on security or other grounds; or
• you started a previous claim, but you abandoned or withdrew it.

 

Thailand Visa

I. Non-Immigration Visa

Applying or changing visa

Document required

  1. Application for Visa Status Alteration. (TM.86)
  2. Application for visa. (TM.87)
  3. Copy of passport entries.
  4. 4 X 6 cm photograph.
  5. Additional documents depends on purpose
    1. Documents to be submitted in support of the application for visa or visa status alteration (non-B): WORK OR BUSINESS
    2. Documents to be submitted in support of the application for visa or visa status alteration (non-B): WORKING AS A TEACHER IN THAILAND
    3. Documents to be submitted in support of the application for visa or visa status alteration (non-B): FOR COACH OR ATHLETE
    4. Documents to be submitted in support of the application for visa or visa status alteration (non-B): FOR STUDY OF BUDDHISM OR RELIGION FUNCTION
    5. Documents to be submitted in support of the application for visa or visa status alteration (non-B): FOR STUDYING IN THAILAND
    6. Documents to be submitted in support of the application for visa or visa status alteration (Non-O): FOR RETIREMENT PURPOSES.
    7. Documents to be submitted in support of the application for visa or visa status alteration (Non-O): FOR A FAMILY MEMBER OF A THAI (APPLICABLE ONLY PARENTS, SPOUSE OR CHILD.
    8. Documents to be submitted in support of the application for visa or visa status alteration (Non-O): FOR A FAMILY MEMER OF A PERMANENT RESIDENCE PERMIT HOLDER(APPLICABLE ONLY TO PARENTS, SPOUSE OR CHILD)
    9. Documents to be submitted in support of the application for visa or visa status alteration (Non-O): FOR SPOUSE, CHILDREN, PARENTS OF FOREIGN TEACHER IN THAILAND
    10. Documents to be submitted in support of the application for visa or visa status alteration (Non-O): TO FULFILL THE DUTY OR RESPONSIBILITY AS AN IMMEDIATE MEMBER OF A FOREIGN FAMILY IN THAILAND
    11. Documents to be submitted in support of the application for visa or visa status alteration (Non-O): FOR A FAMILY MEMBER OF AN ALIEN STUDYING IN THAILAND. (APPLICABLE ONLY FATHER OR MOTHER, SPOUSE,CHILD)
    12. Documents to be submitted in support of the application for visa or visa status alteration (Non-O): FOR WORKING FOR FOUNDATION
    13. Documents to be submitted in support of the application for visa or visa status alteration (Non-O): FOR OTHER PURPOSES

Application fee 2,000 baht.

Visa Extension

Document required

  1. Immigration form 7 (Tor Mor 7)
  2. Copy of passport
  3. 4 cm. X 6 cm. Photograph
  4. Additional documents depends on purpose

Application fee 1,900 baht.

 

II. Residential Permit

1. An applicant’s qualifications

  1. A foreign national may qualify to apply for a residence permit if he/she holds a passport of his/her current nationality, which was granted a NON-IMMIGRANT VISA and has been permitted to stay in the Kingdom of Thailand on the basis of one year visa extension for the total of at least 3 consecutive years up to the application submission date.
  2. Has personal qualifications that fit one of the following categories:
    • Investment category
    • Working/Business category
    • Humanity Reasons category: he/she must have relationship
      • A legal husband or wife.
      • A legal father or mother.
      • A unmarried child who is under 20 years of age up to the submission date of   application.
    • 1.2.4 Expert category.

Extra circumstances on a case by case basis

2. Submission period for the applications

Ministry of Interior will announce the annual quota of foreign to be granted with residence permit and such announcement will be published in the Government Gazette.  Application can then be submitted until the last working day of the year. Applicants must submit the applications in person and bring all documents required, for each category, together with all of their passports.

3. Fees

  1. A non-refundable fee for each application is 7,600 baht.
  2. If the application is approved, the fee for the residence permit is 191,400 baht. However, the residence permit fee for spouses and children (under 20 years of age) of Thai citizens or aliens who already had the residence permit is 95,700 baht.

Note: Fees can be changed and affected under the law.

 

III. What is the difference between Non-Immigration Visa and Residential Permit?

  • You may get Thai citizenship if you meet the conditions.
  • You don’t need to renew your visa every year however if you want to travel out of Thailand, you still need to file re-entry permit.

 

IV. Work Permit

10 steps to One Year Work permit and visa

Step 1: First, check some basics of your employer. This is the most important!

  1. Minimum 2 Million Baht in registered capital per work permit in the company. The best option is that the capital is paid up, not just registered on paper.
  2. Minimum 4 employees per work permit in the company.
  3. The Company is paying tax and VAT and has the paper work in order. This is very important. Shady companies with “office in the pocket” are not eligible to apply for a work permit for you!
  4. Prepare all the paperwork for work permit application. Make three sets of everything; you will need that for the Immigration (below).
  5. Make 5 sets of copies of passport's main page, and about 10 (twenty) passport colour photos.
  6. Take one set of the company papers plus a letter from the company. You need these documents and 2 passport photos for Step2, your visa run.
  7. Check that your passport has more than five (5) blank pages for visa stamps etc., and the passport is valid for at least 12 months or more.

If one or more of these basics are missing, forget about work permit! Period.

Step 2: Travel out of Thailand to get a NON-B visa

In our example today is January 26. Travel out and apply for a Non-Immigrant Visa "B" outside of Thailand. You have to go for a visa run! You will need the company papers and a letter for Non-B to the Thai consulate/embassy.

When you return to Thailand with your NON-B visa on our example day, February 1, you will be stamped in to stay in Thailand until April 30 (that's 90 days).

Remember that date you came in, February 1, for later on (step 9 and 10).

Step 3: Check, check and double-check!

Recheck all documents needed, this will take time to be perfect. Your Thai employer will say that everything is in order, but it is not!! Double check!

Apply for work permit at the labour department. In our example it's now March 10.

Most people get refused because they forgot a map in Thai showing the location of the company. Some other Farangs get refused because they didn't have a necktie on the photo. Double check the requirements!

The application will take 2-3 weeks. The approximate ready-date is on your reciept from the Labour Department, in our example April 1.

Step 4: Pick up your work permit

In our example it's now April 1, and it's now 3 weeks since you applied for work permit, and you have to pick up your blue work permit book in person at the Labour Department. The permit will be valid as long as your visa is valid, "Admitted until April 30" as in your passport.

Pick up some five extra forms for "Extension of Work Permit" (you will need a few of these later!)

NOTE: Be sure that you not go overstay or travel out of the country without Reentry permit, because then the whole procedure go bananas, and you have to start from scratch with Step 1.

Now both your visa and work permit are in sync until April, 30.

Step 5: Apply for one year extension

Apply for a One Year extension of stay at the immigration. You will need some extra documents, copies of your work permit and you also need a set of paper similar to the one you submitted to the Labour Department.

The Immigration will first extend your NON-B only 30 days. If they do extend, then you are OK for now. You are now valid until May, 30 in our example.

Make sure you make another re-entry permit if you plan to travel, as a previous re-entry is now invalid.

Step 6: Update your work permit book!

Back to Labour Department and extend the work permit to be stamped up to the same day as your visa extension, May 30. Your work permit book shall now have the same expiry date as your visa, May, 30. You are in sync again!

Step 7: Check with Immigration again

At least three (3) working days before the visa extension expires, on May 27, you have to visit Immigration again, and check you status. They will probably stamp you with another 30 days extension. You are now ok until June 27. And, needless to say, make new reentry permit if you plan to travel, as a previous reentry is now invalid.

Step 8: Update the blue Work Permit book again

Back to Labour Department again and update the Work Permit (as Step 6).

(You have to come back after 30 days and you will get another extension of 30 days. Your application is under consideration, says the stamp in the passport.)

Step 9: One Year Visa from Immigration

This procedure can go on for several months, until you get the one year extension. Every extension requires a new reentry of you is traveling. That extension will be valid until 1 year after the first day you entered Thailand last time with your new NON-B visa. In our example this is February 1, next year.

NOTE: The very same day that you receive your one-year extension, you should apply for a Multiple re-entry permit, so you are allowed to travel in and out without risk of loosing both work permit and one-year extension.

NOTE: If you forget re-entry, and travel out of Thailand, you have to start from Step 1 again. Every new extension like this requires a new reentry permit (and nobody will inform you of that!)

Step 10: The final step, update Work Permit to One Year

The final step is now to update your Work Permit to be valid to the same day as your One Year Extension, February 1, next year. Go back to Labour , they will update your work permit book to February 1, next year.

Voila, One Year Work Permit and Visa! Congratulations!

 

USA VISA

K1 Visa

Description

K1 Visa or Fianc/Fiance visa is provided for aliens coming to the United States to marry American citizens and reside here. To establish K-1 visa classification for an alien Fiance/Fiance, you must be an American citizen and file a petition on your FianceFiancee's behalf.

Visa Type

K1 Visa is classified as a nonimmigrant visa.

Condition before applying

  1. Both you and your Fiance/Fiance must be legally able and willing to conclude a valid marriage in the United States.
  2. You and your Fiance/Fiance must have previously met in person within the past two years unless the Attorney General waives that requirement.
  3. Your Fianc/Fiance meets certain minimum income requirements.
  4. Your Fianc/Fiance does not have a criminal record.
  5. Your Fianc/Fiance has not violated certain U.S. immigration laws.
  6. Your Fianc/Fiance does not have a communicable disease.
  7. Certain conditions and activities may make you, the applicant, ineligible for a visa. Examples of these ineligibilities are:
    • Drug trafficking
    • Having HIV/AIDS
    • Overstaying a previous visa
    • Practicing polygamy
    • Advocating the overthrow of the government
    • Submitting fraudulent documents

The consular officer will inform you if you are ineligible for a visa, whether there is a waiver of the ineligibility and what the waiver procedure is.

Approximate total processing time

Processing the initial petitions in the Department of Homeland Security normally takes longer than applying for a visa based on an approved petition. The entire processing time of a petition for a K-1 visa may take from 4 to 7 months. Once the petition is approved a packet of materials is sent from the US Embassy to the Thai fianc. The processing of the visa application can take from 3 to 6 weeks.

Procedure

First Step -- Filing the Petition

To begin the K-1 process, you file a petition at the Immigration and Naturalization Service (USCIS) office having jurisdiction over your current or intended residence in the U.S.

There is a filing fee of $165 for the petition.

The children of Your Fianc/Fiance must be listed in the petition even if they will not be traveling at this time.

USCIS sets the requirements for petition approval.

Petitions for K-1 visas cannot be filed or approved outside the United States.

You must present the following supporting documentation with your petition:

  • Evidence that you are an American citizen, such as your Birth Certificate or Naturalization Certificate.
  • Proof of termination of any prior marriages of the petitioner and beneficiary, such as a divorce decree or death certificate.
  • Evidence that you have met Your Fianc/Fiance and evidence of your relationship, such as airline tickets, visa stamps, hotel receipts, and dated photos.

Any documents in a foreign language should be accompanied by an English translation.

This documentation confirms your identity and that of your future spouse and proves that both of you are legally free to marry.

You must prove have met Your Fianc/Fiance face to face during the two years prior to the filing of the petition.

USCIS will notify you when they have approved the petition and will send it the State Department, who perform a background check, and then forward it to the U.S. Embassy for final processing.

It often takes four to 12 weeks for a petition to reach the Embassy from the USCIS (then the State Department), sometimes longer.

Second Step -- When Your Petition is approved

USCIS will notify you when they have approved the petition and will send it the State Department, who perform a background check, and then forward it to the U.S. Embassy for final processing.

Each American Embassy may process the K-1 Visa process differently.

Your petition is valid for four months, but can be extended by the Embassy if a visa cannot be issued during that period and the intention to marry still exists.

Third Step -- Processing the Provisional Case

For all cases the American Consulate must send a name check cable that requires a reply from the FBI.

When the embassy receives the file from the State Department, they send a Packet 3 to Your Fianc/Fiance.

The Packet 3 tells the applicant what documents he or she must collect prior to the visa interview.

Packet 3 asks your Fiance to assemble the following documents:

  • Valid passports for Your Fianc/Fiance and any dependent children.
  • Birth certificates for the Your Fianc/Fiance and any dependent children.
  • Proof of termination of any prior marriages.
  • A police certificate from the current place of residence of Your Fianc/Fiance, as well as from any place or places of residence for 6 months or more since attaining the age of 16.
  • Police certificate(s) for any dependent children over 16 years of age.
  • Original documents bearing the signatures and seals of the issuing authorities are required.

ny documents in a foreign language should be accompanied by an English translation.

When Your Fianc/Fiance has collected all the documents specified in Packet three, he or she should notify the Embassy by returning the form in Packet 3 (Optional Form 169) certifying that all required documents have been obtained.

Fourth Step -- Scheduling an interview

The Embassy will send out Packet 4 explaining the process of obtaining medical exams and scheduling an appointment for a visa interview when we have received the following items:

  • The actual approved petition from USCIS
  • Clearances from the required name checks
  • A signed OF-169 from the beneficiary
  • The Embassy will usually accept a faxed copy of OF-169.

The Embassy will consider requests for interview scheduling on the basis of official telegraphic notification from USCIS of petition approval on a case- by-case basis.

In cases where the request is granted, the Embassy may request additional information from you regarding your marital history and the history of your relationship with your Fiance.

Packet 4 contains an appointment date and instructions on where to go to complete the medical examination.

The medical exams must be performed by one of the physicians identified in Packet 4.

Applicants should bring their vaccination records to the medical exam and may be asked to have additional vaccinations at that time.

Fifth Step -- The Visa Interview

On the date of the appointment Your Fianc/Fiance should come to the Immigrant Visa section of the Embassy.

Minor children under 14 do not need to attend the interview.

Your Fianc/Fiance will need to fill out a Nonimmigrant Visa Application (OF-156) in duplicate, as well as a supplement to form DS-156 required in K visa cases.

Each dependent child will also need Nonimmigrant Visa Applications in duplicate.  Original documents, not copies, should be brought to the interview.

Originals of primary documents, such as birth, marriage, and death records, will be returned to the applicant after the interview.

Your Fianc/Fiance will be asked to present:

  • Valid passports for Your Fianc/Fiance and any dependent children
  • Birth certificates for Your Fianc/Fiance and any dependent children
  • Proof of termination of any prior marriages of both petitioner and Your Fianc/Fiance
  • Police certificate(s) for Your Fianc/Fiance and any dependent children over 16 years of age
  • Vaccination results for Your Fianc/Fiance and any dependent children
  • Medical exam results for Your Fianc/Fiance and any dependent children
  • Proof of adequate financial support once in the United States to ensure that Your Fianc/Fiance and dependent children will not become public charges.
  • Supporting documentation verifying the relationship between the petitioner and Your Fianc/Fiance

Documentation regarding financial support can be in any form so long as it contains enough detail and information for the consular officer to conclude that the Your Fianc/Fiance will not become a public charge.

After a consular officer has reviewed the case, Your Fianc/Fiance will be interviewed.

The consular officer will ask Your Fianc/Fiance questions about your relationship, such as how you met and when you decided to marry.

The consular officer is required by law to verify that your relationship with Your Fiance/Fiancee is real and that you do intend to marry within 90 days of Your Fiance/Fiancee’s arrival in the United States.

Your Fianc/Fiance will be required to sign a statement regarding his or her legal capacity to marry and intention to marry.

Provided everything is in order at the time of the interview, Your Fianc/Fiance will receive a visa the same day.

Your Fianc/Fiance and each dependent child will pay a non- refundable machine-readable-visa fee on the day of the interview.

Supporting documentation, including the K petition, birth certificate, Nonimmigrant Visa Application, and medical exam will be placed in a sealed envelope and given to the applicant for presentation to USCIS at the port of entry.

Validity of Fianc/Fiance Visa

Fianc/Fiance Visa is valid for 6 months from the date of issued. Your Fianc/Fiance Visa must travel and apply for admission to the US within that 6 months period.

K-1 Fianc/Fiance Visa U.S. PORT OF ENTRY

  • The marriage must take place within 90 days of admission into the United States.
  • Following the marriage, the alien spouse must apply to the USCIS to establish a record of entry for conditional permanent residence status.
  • After two years, the alien may apply to the USCIS for removal of the conditional status.

K-1 Fianc/Fiance Visa ADDITIONAL INFORMATION

Family Members

  • The unmarried, minor (under 21) children of a K-1 visa holder derive "K-2" nonimmigrant visa status from the parent so long as the children are named in the petition.
  • A separate petition is not required if the children accompany or follow the alien fiance within one year from the date of issuance of the K-1 visa.
  • Thereafter, a separate immigrant visa (I-130) petition is required.

Travel outside the US

Fianc visa allows a fianc to enter the US only once. If you leave the US after entering on a fianc visa, you may not re-enter on the same visa and you will need a new visa.

After getting married and after filing Adjustment of Status, if you want to leave and re-enter the US, you must apply for Advance Parole to return to the US.

 

K3 Visa

Description

K3 Visa or Marriage visa is provided for aliens who have already got married to American citizens outside the US. To establish K-3 visa classification for an alien spouse, you must be an American citizen and file a petition on your spouse's behalf.

Visa Type

K3 Visa is classified as a nonimmigrant visa.

Condition before applying

  1. You must be a United States citizen. There is no minimum age to file a petition for a spouse for immigration. However, you must be 18 years of age and has a domicile in the U.S. before you can sign the Affidavit of Support, Form I-864, and this form is required for an immigrant visa for spouses and other relatives of U.S.  sponsors.
  2. Both you and the Thai spouse have been legally married according to the laws of the country in which the marriage took place; the marriage can occur either in the US or in a foreign country. (In cases of polygamy, only the first spouse may qualify as a spouse for immigration.)
  3. You must meet a minimum income requirement that is the poverty level set by Congress. If you cannot meet these requirements, the petitioner is allowed to use a co-sponsor who does meet them;
  4. The foreign bride or husband must pass a medical exam at a clinic approved by the U.S. Consulate that is processing the K3 spousal visa application. The foreign spouse must not have any type of communicable disease or serious mental illness
  5. The foreign bride or husband must not have a criminal record. Some arrests and/or convictions are exempt from this requirement.
  6. Certain conditions and activities may make you, the applicant, ineligible for a visa. Examples of these ineligibilities are:
    • Drug trafficking
    • Having HIV/AIDS
    • Overstaying a previous visa
    • Practicing polygamy
    • Advocating the overthrow of the government
    • Submitting fraudulent documents

The consular officer will inform you if you are ineligible for a visa, whether there is a waiver of the ineligibility and what the waiver procedure is.

Approximate total processing time

For a standard case, the whole process would take 5-8 months. The length of time varies from case to case according to its circumstances. The time it takes each USCIS office and each consular office to process the case varies. Some cases are delayed because the applicants do not follow instructions carefully or supply incomplete information. In addition, the embassy or consulate may need to get security clearances for the applicant and these clearances often take time.

Procedure

How Does My Spouse (Husband/Wife) Get an Immigrant Visa?

First Step -- Filing the Petition

To begin the K-3 process, you file a Petition for Alien Relative, Form I-130 for your spouse (husband or wife) to immigrate to the United States with the Department of Homeland Security, U.S. Citizenship and Immigrations Services (USCIS) immigration Field Office in the United States that serves the area where you live.
Sometimes a U.S. citizen living abroad can file an immigrant visa petition at an U.S.  Embassy or consulate (post).
There is no minimum age to file a petition for a spouse for immigration. However, you must be 18 years of age and have a domicile in the U.S. before you can sign the Affidavit of Support, Form I-864, and this form is required for an immigrant visa for all Spouse of a U.S. Citizen (IR-1) immigration cases and other relatives of U.S.  Sponsors.

Second Step -- When Your Petition is approved

USCIS will notify you when they have approved the petition and will send it the State Department, who perform a background check, and then forward it to the U.S. Embassy for final processing.

Each American Embassy may process the K-1 Visa process differently.

Your petition is valid for four months, but can be extended by the Embassy if a visa cannot be issued during that period and the intention to marry still exists.

If you ARE working with an attorney, the NVC will take the following steps:

  1. Assigns a case number to the petition.
  2. Send the Affidavit of Support processing fee bill and the immigrant visa fee bill to the attorney.
  3. After the Affidavit of Support processing fee is paid, the NVC will send the Affidavit of Support Process and the Applicant Document Process instructions to the attorney.
  4. After the Affidavit of Support and Applicant documents are submitted to the NVC, the NVC will review the information submitted for technical correctness and completeness.
  5. After reviewing the submitted documentation and the file is complete with all the required documents, the NVC will send the petition to the embassy or consulate where the applicant will apply for a visa when the case file is complete. For certain embassies/consulates, the NVC will schedule the applicant's interview. Approximately one month before the applicant's scheduled interview appointment with a consular officer, all interested parties (applicant, petitioner, and attorney) will receive an appointment letter containing the date and time of the applicant's visa interview along with instructions for obtaining a medical examination.

Note: It is important to follow instructions from the NVC carefully. Send the NVC documentation (or paying fees) when they were not requested by the NVC will result in a delay in processing.

How Do I Pay the Fees for the National Visa Center(NVC) Services?

The NVC sends bills for certain fees at the appropriate time in the immigrant visa process. It sends bills for these services to the following people:

  • Bill for processing the I-864, Affidavit of Support to the petitioner
  • Bill for immigrant visa processing to the agent

The NVC sends a correctly addressed, return envelope with the bills.

Remember these important things:

  • It is important that you use the return envelope provided to you, when paying the fees
  • Don't forget to put the correct postage on the envelope
  • Don't pay the bill until the NVC tells you to do so
  • Don't send payments to the NVC at Portsmouth, New Hampshire

For further information see National Visa Center

Upgrading a Petition - If You Were an LPR and Now are an American Citizen

If you filed a petition for your spouse when you were a lawful permanent resident (LPR), and now you are an U.S. citizen, you must upgrade the petition from family second preference (F2) to immediate relative (IR). You can do this by sending proof of your citizenship to the National Visa Center (NVC). To prove that you are a U.S.  citizen, you can send:

  • A copy of the bio data page of your U.S. passport; or
  • A copy of your certificate of naturalization

If you are now a U.S.  Citizen, you must file separate immigrant visa petitions for each of your children.  If you upgrade a family second preference (F2) petition for your spouse and you did not file separate petitions for your children when you were a lawful permanent resident (LPR), you must do so now. A child does not have derivative status in an immediate relative (IR) petition. This is different from the family second preference (F2) petition.  A child is included in his/her parent's F2 petition.  A child is not included in his/her parent's IR petition.

Third Step -- Applying for a Visa

An appointment package is sent to the agent or the applicant. (See note below.) The appointment package gives the applicant an interview date and tells you the specific requirements of the visa. It includes instructions on where to go to have the required medical examination. During the interview process, an ink-free, digital fingerprint scan will be taken. In general, the following is required:

  1. A passport valid for travel to the United States and with a validity date at least six months beyond the applicant's intended period of stay in the United States.
  2. Birth certificate
  3. Divorce or death certificate of any previous spouse
    U.S.  law does not allow polygamy. If you were married before, you and your spouse must both show that you ended (terminated) all previous marriages before your current marriage. The death and divorce documents that show termination of marriages must be legal and verifiable in the country that issued them. Divorces must be final. In cases of legal marriage to two or more spouses at the same time, or marriages overlapping for a period of time, you can file only for your first spouse.
  4. Marriage certificate
    What Is Conditional Residence?

    If you and your spouse have been married for less than 2 years when your spouse arrived in the US on an immigrant visa or are approved for Adjustment of Status after arriving in the US, you will be given a conditional green card that expires after 2 years.

    Ninety days before the expiration of 2 years, you will have to apply to remove condition on the green card and apply for permanent one.

    If your marriage is 2 years old when you arrive in the US on an immigrant visa or are approved for Adjustment of Status after arriving in the US, you will get a permanent green card. (That card eventually expires in 10 years and has to renew it. However, just the card expires and your permanent resident status does not expire.)
  5. Police certificate from all places lived since age 16
  6. Medical examination
    In general, applicants for immigrant visas are required to have all of the following vaccinations:
    • Mumps
    • Measles
    • Rubella
    • Polio
    • Tetanus and diptheria toxoids
    • Pertussis
    • Influenza type
    • Hepatitis B
    • Varicella
    • Pneumococcal
    Bring your vaccination records to the immigrant visa medical examination, if you have them. The panel physician decides which vaccinations you will need, appropriate to your age, medical condition and medical history.
  7. Evidence of financial support. A completed Form I-864 Affidavit of Support from petitioner/ sponsor is required.
  8. Application for Immigrant Visa and Alien Registration, Form DS-230, both Part I and Part II
  9. Two immigrant visa photos
  10. Proof of the marriage and the husband/wife relationship
  11. Payment of immigrant processing fees

Fees are charged for the following services:

  1. Filing an immigrant Petition for Alien Relative, form I-130
  2. Processing an immigrant visa application, for DS-230
  3. Reviewing an I-864, Affidavit of Support (for petitions filed in the United States)
  4. Medical examination (costs vary from place to place)
  5. Fingerprinting fees, if applicable
  6. Other costs may include translation and photocopying charges, fees for getting the documents you need for the immigrant visa application (such as passport, police certificates, birth certificates, etc.) and travel expenses to go to the embassy or consulate for the interview. Costs vary from country to country and case to case.

An applicant may bring marriage photographs and other proof that the marriage is genuine. Documents in foreign languages should be translated. The consular officer may ask for more information.

Take clear, legible photocopies of civil documents, such as birth and marriage certificates, to the immigrant visa interview. Original documents can then be returned to you.

Note: The National Visa Center sends appointment packages to the agent for applicants in certain countries when the petitions are filed in the United States. The embassy or consulate sends appointment packages to applicants in all other countries. It also sends appointment packages to all applicants whose petitions are already at the embassy or consulate.

Does a Child Have Derivative Status?

No A child does not have derivative status in an immediate relative (IR) petition. This is different from the family second preference (F2) petition. A child is included in his/her parent’s F2 petition. A child is not included in his/her parent's IR petition.

If you are a U.S. citizen, you must file separate immigrant visa petitions for each of your children. If you upgrade a family second preference (F2) petition for your spouse and you did not file separate petitions for your children when you were a lawful permanent resident (LPR), you must do so now.

Remember that children born abroad after you became a U.S. citizen may qualify for U.S.  Citizenship. They should apply for U.S.  Passports. The consular officer will decide whether your child is a U.S.  Citizen and can have a passport. If the consular officer decides your child is not U.S. citizen, the child must apply for an immigrant visa if he/she wants to live in the U.S.

Can a K-3 Visa Holder Work in the United States?

As a K-3 visa holder, you can file form I-765, Application for Employment Authorization with the USCIS that serves the area where you live for an employment authorization document (work permit).

K-3 Marriage Visa ADDITIONAL INFORMATION

Family Members

  • The unmarried, minor (under 21) children of a K-3 visa holder derive "K-4" nonimmigrant visa status from the parent so long as the children are named in the petition.
  • A separate petition is not required if the children accompany or follow the alien fiance within one year from the date of issuance of the K-3 visa.
  • Thereafter, a separate immigrant visa (I-130) petition is required.

Extending the Petition

The I-129F petition is valid for four months from the date of approval. A consular officer can extend the validity of the petition (revalidate the petition) if it expires before you finish processing the visa.

Validity of the K3/K4 visa

K 3 visa is generally valid for a maximum period of 10 years from the date of issurance; K4 visa until the applicant’s 21st birthday. You must travel and apply for admission to the US within that period. The visa may not be transferred from one person to another, or used by any person other than the person to whom issued.

Travel outside the US

Aliens present in the United States in a K-3 or K-4 nonimmigrant visa status can travel outside of the United States and return using their K-3/K-4 visa. If they have filed for adjustment of status in the U.S. prior to departure from the U.S., USCIS will not presume that the departure constitutes abandonment of an adjustment application.

 

Worldwide Visa (Other Countries)

We give consultant and cooperate with the embassy for other countries.