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Chonburi Labour Dep

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Hi there,

I work for many years in Thailand and just want to change from an emplyment back to running my own company.

Today, the WP has been rejected on grounds that a Thai could do my job. I heard from friends and lawyers that this is the latest fashion in Chonburi and that numerous WPs have been rejected for the same reason.

Can anyone advise a workaround for this problem?

Thanks, Peter

  • Author

I went yesterday early afternoon to the Immigration to apply for a new one year visa. At this moment I was on a 7-day visa between WPs.

I learned that I should have applied within the first two days of my 7-day visa. They did NOT accept my application and I had to make an urgent border run to Cambodia to avoid overstay. Now back on a 30 day visa on arrival.

Peter,

Try to get your marriage sorted. You have only 9 days left to get yourself a good reason to apply for change to non immigrant status as you need 21 or more days left allowed in in Thailand.

Marriage is easy, stumbling block time wise will be the paper certified by your embassy stating that you are single.

If you are applying for extension based on WP on your old company, that company will need to fulfill some things which I'm not sure that company can. Employees (4, at least on the books for the 3 previous months with taxes and social security paid), audited bookkeeping indicating sufficient revenue in the previous year amounting to at least gross revenue equal or more then 12 months salary of the WP holder. Jomtien immi has been known to demand PROFIT equal to 12 months worth of salary, although not sure they still ask this.

Without all that stuff (and including at least the WP3 form from Labor)I doubt immigration will consider a 1 year extension, although they might be willing to convert to non immigrant B, allowing Labor to issue your WP.

If you go the married way, once you get your 1 year visa, life gets much more easy. Work wise you can do what you want without affecting your visa status, as long as the combined 40,000 Baht income remains met. If you're without WP you can always jack up your wife's salary (on paper/taxwise) to keep on meeting the 40,000 income, your wife can be the sole breadwinner :o

If you go the married way, you'll be getting a few under consideration 30 day stamps since immigration will check out your marital status which includes a house visit, often a visit of the neighbors as well. Ultimate decision lies with head office Bkk. Worst case you'll need to do a few Chonburi trips to sync your WP with your new immigration stamps.

Good luck :D

  • Author
Peter,

Try to get your marriage sorted. You have only 9 days left to get yourself a good reason to apply for change to non immigrant status as you need 21 or more days left allowed in in Thailand.

Marriage is easy, stumbling block time wise will be the paper certified by your embassy stating that you are single.

the first stumbing block here is reaching them...the phone number doesn't work and their emergency mobile is off...Germans....

If you are applying for extension based on WP on your old company, that company will need to fulfill some things which I'm not sure that company can. Employees (4, at least on the books for the 3 previous months with taxes and social security paid), audited bookkeeping indicating sufficient revenue in the previous year amounting to at least gross revenue equal or more then 12 months salary of the WP holder. Jomtien immi has been known to demand PROFIT equal to 12 months worth of salary, although not sure they still ask this.

Without all that stuff (and including at least the WP3 form from Labor)I doubt immigration will consider a 1 year extension, although they might be willing to convert to non immigrant B, allowing Labor to issue your WP.

that is the funny part....we DO fulfill all the above requirements.

If you go the married way, once you get your 1 year visa, life gets much more easy. Work wise you can do what you want without affecting your visa status, as long as the combined 40,000 Baht income remains met. If you're without WP you can always jack up your wife's salary (on paper/taxwise) to keep on meeting the 40,000 income, your wife can be the sole breadwinner :D

I kinda like that idea... :o

If you go the married way, you'll be getting a few under consideration 30 day stamps since immigration will check out your marital status which includes a house visit, often a visit of the neighbors as well. Ultimate decision lies with head office Bkk. Worst case you'll need to do a few Chonburi trips to sync your WP with your new immigration stamps.

Good luck :D

so it will be the o-Visa way...do those 9 days apply for this one too? Or is this only for the B visa?

You are now in Thailand on a visa exempt entry of 30 days. This can be changed to a real visa, like non-B if you work or non-O if you go the marriage route, only if you have more than 21 days left. If not you need to do another border hop.

so it will be the o-Visa way...do those 9 days apply for this one too? Or is this only for the B visa?

Same for the O-visa.

For any change in visa status done withing Thailand (2000 Baht fee by the way) they require minimum 21 days of stay remaining...

Also specific requirements must be met - basically the qualifications for one year extension of stay and then the visa change/issue is done as a means to that end.

Interested to know what your actual job is that they claim can be done by a Thai?

Simon

  • Author
Interested to know what your actual job is that they claim can be done by a Thai?

Simon

trading, consulting, transportation services which require lots of communication with foreigners in Thailand and business parters/customers abroad. I speak fluently German and English as well as reasonable French and colloquial Thai. This was all mentioned in the application.

Labour offices will be much more interested in diplomas than in practical skills such as speaking various languages.

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