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Ballbearing

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Posts posted by Ballbearing

  1. Thank you for the prompt response BritTim.

    I live in remote NE Thailand so might have to ask a few agents to investigate with their local labour offices.

    If the proposed job is in Rayong would that mean I would have to obtain a WP at the nearest Labour Dept office to there or where I actually live ?

    If yes to Rayong, can anyone recommend an agent in that vicinity ?

    Cheers,

    Shane

  2. It is my understanding that a visa is a document pertaining to the " Permission to stay in the Kingdom of Thailand".

    Based on the attached excerpt from the Royal Gazette the permission to stay has been extended till September 26.

    Does that mean that even though my Non Immigrant O (marriage) visa expired in May 2020 it is technically still valid until September 26 ?

    The reason for my question is I would like to obtain a Work Permit immediately but to be able to apply I need a valid visa.

    Changing to a Non Immigrant B is an option but in info provided by Ubonjoe you must apply at least 15 days before visa expiration.

    Am I just " clutching at straws" ?

    Any suggestions greatly appreciated.

    Permission of stay.jpeg

  3.  

    On 7/31/2020 at 8:51 AM, ubonjoe said:

     

    After getting a work permit application approval letter you could apply for an extension of stay based upon working for a company since you have a non-o visa entry the has been extended under the amnesty.

     

    Ubonjoe,

    I am a bit confused - I thought I would have to have an approved extension of stay before I could apply for the work permit ?

  4. Ubonjoe,

    Do you know if it is possible to obtain a Non Immigrant B visa without leaving Thailand ?

    My Non Immigrant O (based on marriage) expired in May and I am currently under the amnesty.

    I cannot renew this in Thailand due to financial requirements and I cannot go to Laos due to the border lockdown.

    I realise normally you obtain this in your home country or elsewhere offshore before entering Thailand but I reside permanently in Thailand.

    I have been offered a job in Rayong by an Australian company but I do not think they (or their Thai branch) have any experience with immigration issues.

    Any assistance greatly appreciated,

    Cheers,

    Shane

     

  5. Guys,

    Need help please.

    Fly back into Thailand in the morning then fly back out on the 8th of June.

    My Non-Immigrant O (Marriage) expires on 13th June so I cannot get back into the country.

    Can I apply for extension of stay or re-entry permit (not sure which) at Suvarnabhumi on my way out and if so what do I require ?

    Any help greatly appreciated,

    Cheers,

    BB

    You'll be granted 90 days when you arrive. If you want to keep that 90 days alive when you leave again on the 8th you can get a re-entry permit at the airport on your way out.

    • 1,000 baht
    • Copies of passport; visa, ID page, entry stamp, departure card
    • 1 6x4 cm photo
    • TM8 application form.

    The re-entry permit is only valid for the reminder of your 90 day stay so if you're returning after 90 days the re-entry permit is of no use.

    If you re-enter the country within the 90 days you could apply for a 60 day or a 1 year extension of stay as long as you can meet the requirements.

    Elviajero,

    Thank you very much for the advice.

    How many re-entry permits can I get.

    As an example if I get 90 days tomorrow that would take me to approx. August 30.

    Can I get multiple re-entries that will enable me to come and go up till August 30 ?

    Cheers,

    BB

  6. Guys,

    Need help please.

    Fly back into Thailand in the morning then fly back out on the 8th of June.

    My Non-Immigrant O (Marriage) expires on 13th June so I cannot get back into the country.

    Can I apply for extension of stay or re-entry permit (not sure which) at Suvarnabhumi on my way out and if so what do I require ?

    Any help greatly appreciated,

    Cheers,

    BB

  7. I am in a strange position and nobody in Thailand has been able to give me (or my employer who is a good friend) a definitive answer.
    I am not working in China per se, I am acting as a consultant.
    Where we have become lost is the Thai revenue laws state a non - resident must pay tax on income from sources in Thailand.
    I reside in Thailand but as per the 180 days I am classed as a non-resident.
    My employer is Bangkok based so I presume that "income from sources in Thailand" is applicable to me.
    If I have to pay tax I need a WP.
    If I was paid to an offshore account there would be no problem but my boss has only just started his company and he is concerned with any irregularities that may attract the attention of the Thai authorities.
    Any advice greatly appreciated,
    Cheers,
    BB

  8. I recently obtained a WP to work as a Quality Co-ordinator.

    This is for heavy mining machinery manufactured in Thailand (and other SE Asian countries) and then transported by ship to Australia.

    My role has always fallen under "Engineering" but when my employer tried to classify me as an engineer (as there was no other applicable classification) they stated based on my resume showing I do not have a degree I could not be classified under engineering.

    They have put me under "Power Transmission" on my WP despite the fact I have nothing to do with power stations.

    The thing I find a bit confusing is I earn 10 x what a degree qualified Thai engineer earns but that apparently was not acceptable,

    Cheers,

    BB

    And that would be correct, legally and in many countries the term "engineer" requires the person to have an Engineering/Science degree and sometimes a legal registration before they can use that "title" or job descriptor

    Thailand has "registered" Engineers, and one has to be "registered" and approved by the Thai Engineering council as there is legal and professional accountability which comes with that registration.

    there are western degree'd design engineers working in Thailand, who cannot sign off on things like design calculations as they are not registered with the Thai engineering council, and the final signature from a legal stand point comes from a Thai registered Engineer,

    BTW this is not unique to Thailand, therefore in terms of the WP, they would be classed as "designers" not "design engineers" as such, other countries do exactly the same its not unique to Thailand.

    Professionally this is no different from the expat lawyers operating in Thailand, they may be qualified lawyer from whence they came, but they cannot practice law in Thailand and act as "consultants" in Thailand and their WP will state "consultant or similar" not "lawyer"

    In terms of your work permit the company should have applied for you as a "technical specialist - Inspection/QA/QC" - which can mean anything the company wants it to mean.

    the amount of money one gets paid is irrelevant in this discussion

    Koosdedooes,

    Thanks for the response.

    The whole scenario has been a real eye-opener for me(and as I said in a previous post, not sure if a Thai WP is even required as I work in China for a Thai company).

    The Thai agency used by my employer had my job title as Used Furniture Salesman ??? until my wife reviewed the form and told me what was written in Thai.

    And my photo in my WP was photoshopped to show me in a suit and tie ???

    Cheers,

    BB

  9. I recently obtained a WP to work as a Quality Co-ordinator.

    This is for heavy mining machinery manufactured in Thailand (and other SE Asian countries) and then transported by ship to Australia.

    My role has always fallen under "Engineering" but when my employer tried to classify me as an engineer (as there was no other applicable classification) they stated based on my resume showing I do not have a degree I could not be classified under engineering.

    They have put me under "Power Transmission" on my WP despite the fact I have nothing to do with power stations.

    The thing I find a bit confusing is I earn 10 x what a degree qualified Thai engineer earns but that apparently was not acceptable,

    Cheers,

    BB

  10. thedemon,

    If you have spent a long time in Thailand you would realise there are two ways of doing everything.

    Following the pedantic (and sometimes crazy) laws which is the legal way or taking a shortcut and ignoring the requirements which is basically illegal.

    I started my time in Thailand 9 years ago by working in Thailand for 2 years without a work permit (just a non-immigrant B visa)

    I was lucky I wasn't caught as I would probably have been barred from Thailand.

    Now I am married with children and Thailand is my permanent home I won't take any chances, I will follow the letter of the law to the best of my ability.

    As noted previously my employer is a good friend and he does not want to take any chances with his new Thai company.

    If he has approx. 850,000 THB come into his company account each month from an offshore payer and then pays me approx. 800,000 THB for my services there are records all over the place that the Thai authorities can jump on if they decide to audit his company.

    If I am not an employee of his company how can he justify paying the money to me ? - to satisfy the Australian government he has to show the money is going to a Thai business and once it goes into a Thai company account then the Thai government want their piece of the action (tax).

    If you have any suggestions would greatly appreciate any assistance (we have looked at offshore tax havens but they all seem to be under investigation at the moment)

    Cheers,

    BB

  11. thedemon,

    This is from the Thai Revenue Code

    Taxpayers are classified into resident and non-resident. Resident means any person residing in Thailand for a period or periods aggregating more than 180 days in any tax (calendar) year. A resident of Thailand is liable to pay tax on income from sources in Thailand as well as on the portion of income from foreign sources that is brought into Thailand. A non-resident is, however, subject to tax only on income from sources in Thailand.

    As I am being paid by a Thai company then I am receiving " income from sources in Thailand ".

    Therefore I have to pay tax on this income.

    To be able to pay tax I require a work permit.

    We have spent quite a bit of money on different lawyers in Bangkok to try and get around this problem and the advice we have received is I require a work permit (and that is what I have got)and I am currently paying tax (15% withholding only at the moment)

    Regards,

    BB

  12. Firstly, (in response to thedemon) I have to have a work permit if I am employed by a Thai company whether I am working in Thailand or on Mars.

    My farang boss (who is also my good friend) has tried to find any loophole he can around the tax laws but we are stuck between a rock and a hard place.

    UJ,

    I was looking at going the tourist route for 6-8 months after my Non O expired and then going to Savannakhet after the project is complete and getting another 1 year visa - not sure what you were meaning about getting an extra 90 days as it will still not cover contract duration,

    Cheers,

    BB

  13. Guys,

    A bit of a strange one but thought I would throw it out for your thoughts or advice.

    I have a Non-Immigrant O visa based on marriage and it is due to expire mid July.

    I have a job in China that will run to about Jan 2017. (I work 4 weeks China with 1 week R&R in Thailand).

    As I am being paid by a Thai company I had to obtain a work permit even though I am not working in Thailand.

    If my visa expires does that automatically cancel my work permit ?

    If I was working in Thailand I realise without a visa I couldn't stay and/or work in Thailand but what is to stop me from just going in and out on the 30 day exemption ?

    If I give my passport to immigration on entry they do not know I have a work permit (I presume they don't) and I do not intend to work in Thailand so would there be any problem ?

    I am just trying to avoid going and getting a new visa 2 months before the old one expires or alternatively wasting part of my R&R on a trip to Savannakhet

    Any advice greatly appreciated,

    Cheers,

    BB

  14. UJ,

    Thank you very much for the response.

    I have just started a new job so have not paid tax yet - will obviously have to wait till I have some tax receipts to apply.

    The house is not owned by the father - my wife said she is only allowed to have one house book so we put our second home (where we currently reside) in his name - is that correct (only 1 x House Book) ?

    Do we still need his documentation if we have proof of residence ? (power bills, bank statements etc)

    I work 4 weeks on (China) with 1 week off (Thailand) - do I have to be here when / if the IM officers come to visit ?

    Cheers,

    BB

  15. Need a bit of advice please.

    Will be attempting my first "Extension of Stay" and have a couple of queries.

    I will be going for the 40,000 per month option as I have a job and work permit.

    Does my contract and/or payslips need to be in Thai or is English acceptable ?

    My wife and I live in a different location to her House Book - we live in a house that is listed under her father.

    Which House Book (and relevant documentation) do I have to submit ?

    My non-immigrant B visa does not expire till July but as I will be working out of the country then I would like to do now - any problems with doing the "Extension of Stay" early ?

    Any help greatly appreciated,

    Cheers,

    BB

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