Sunbelt Asia

Are there any changes regarding volunteer work?

No mention of volunteers.

The government stance work permits is still very broad that work paid or not paid, still requires a work permit. A volunteer group can apply for work permits with the employee not getting a salary.

www.sunbeltasiagroup.com

1) any company willing to hire a foreigner will have to pay an amount to a deportation fund, if the employee has to be deported, the remaing amount covering the different fees related to the deportation will be covered by the fund itself, the boss will not have to pay the rest.

It's the employee that has to pay to the deportation fund. Its deducted from his salary.

2) any company willing to hire a foreigner without appropriate qualification will have to pay a fee.

Maximum of 10,000 Baht if they are not an expert or work in a specialized field

3) any company hiring a foreigner that doesn't have his permanent residency in thailand will have to pay a fee.

If you are talking about paragraph 11, this is in refrence to a foreigner applying for the work permit without being in Thailand at that time.

4) the work permit will be issued with a validity of two years instead of one actually.

correct

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Greg, can you summarise any important changes between the old and new acts?

Simon

The biggest change is that they will be taking monthly money out of everyone’s pocket that has a work permit. This money is to go to the deportation fund. If you are not deported they will give it back to you 30 days after you leave the country and requested it. If it takes more than 30 days they must pay interest of 7.5%. You have two years to ask for the return of the deduction. The employer will be fined 2% of the employee’s monthly salary if they fail to deduct it from the employee. (At this time they are in talks that the deportation fund will only be deducted from citizens of Laos, Myanmar and Cambodia but this is not official yet.)

The second change is it’s no longer a criminal offense for an employer to employ an employee with no work permit. An employer can be fined from 10,000 Baht to 100,000 Baht but no prison term. An employee with no work permit can be sentenced up to 5 years or a fine of 2,000 Baht to 100,000 Baht or both.

The third change is the maximum rate they can charge which is now 20,000 Baht for the applicant. If you as an employer employ someone who is not an expert or specialized person you can pay up to 10,000 Baht additional for each work permit application.

The Forth change is the work permit can be valid for two years instead of one year.

These are the biggest changes.

www.sunbeltasiagroup.com

i guess the fees mentioned at the end of the file are the fees including your rates?

No these are the maximum government fees they are allowed to charge. For instance before they could have charged 10,000 Baht but the Labor Dept only charged 3,100 Baht for the year. They now have raised it to 20,000 Baht but still are charging 3,100 Baht. It’s similar to rack rates posted on a hotel room.

By the way our professional fees are 6.500 Baht for a new application and 3,900 Baht for the renewal.

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I am confused, can anyone help to reassure me?

Background: I am a UK national and have been in Thailand for two years. In the last couple of weeks my employing company has changed, my existing work permit was cancelled along with my Non-Imm B , and a new work permit has now been issued with an expiry date of May 2009.

What I am not sure about is the visa side of things. Right now all I have is an extension of stay stamp which expires on the same day as my work permit. I do not have any kind of visa.

Is it a simple process to apply for a new multi-entry Non-B ? Do I even need to apply for one ? What happens if I need to leave the country in the meantime ? Is it simple to come back with just that extension of stay stamp ?

Any help is, as always, very much appreciated. Thanks in advance.

Just get a rentry permit before you leave at Immigration or at the airport. Be sure to take two 4 x 6 cms photos. You will pay 1,000 Baht government fees for a single reentry and 3,800 Baht for a multiple reentry.

www.sunbeltasiagroup.com

We had applications in that were approved for 10K two weeks ago. Same position and same company last week was told it now had to be at least a salary of 35,000 Baht. When the salary was raised, the application was accepted.

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Does this also apply to 'aliens' with Thai wife (visa based on 'Thai wife', grandfathered on the bank deposit route)?

I had my 10 year old WP extended in April this year without problem (income 25K Baht).

opalhort

We have had no problem on old work permit applications with a low salary. Only on new applications are requiring the 35K salary in BKK.

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I have been reading through the reams of information online here about employer's paid up capital etc etc in order for people to be granted work permits for that company, but can anyone clarify whether there is and if so, what is the minimum salary necessary to employ ex-pats in a private sector company?

i.e. In order to be given a work permit the pax needs to be earning above a certain threshold - does anyone have a clue what that threshold is? In this case the pax is British. I have never been able to get a concistent answer.

Thanks

Up to a week ago, no minimum salary for non executive types getting work permits. However the Labor Dept, Ministry of Foreign affairs and Immigrations last week met on this hot topic and the new unofficial level is 35,000 Baht per month. Concern has arisen with many low cost aliens taking jobs away from Thais.

We had applications in that were approved for 10K two weeks ago. Same position and same company last week was told it now had to be at least a salary of 35,000 Baht. When the salary was raised, the application was accepted.

For extension of stay based on business, Immigration has a mininum of 50K salary per month for Brits. The Labor Dept would be 35K.

If you go to Immigration in Thailand to stay based on having a work permit, you are granted an extension of stay based on business.

If you go to a Thai Embassy/Consulate you are not required to have a mininum salary to get isssued a "B" visa.

www.sunbeltasiagroup.com

Please find the translated version of the old and new Working Alien Acts.

The Labor Dept started handing out the Thai booklet version last week.

Please be aware the fee rates are the maximum that can be charged.

The "Fund Committee for Deportation of an Alien out of the Kingdom" has not met and set the Ministerial Regulation for the time, rate and amount of the salary deduction for each nationality.

Working_Aliens_Act__1_.pdf

www.sunbeltasiagroup.com

Fire breaks out at snooker lounge in Time Square shopping centre

BANGKOK: -- A small fire broke out at a snooker lounge on the underground floor of Time Square shopping centre on Sukhumvit Road Friday morning.

About 10 fire engines rushed to the scene and spent about 20 minutes to put the fire out after it started at 8 am.

Udomsri Polcha, 35, a maid of the lounge, said she was cleaning the place when a short circuitry occurred at the power switchboard of the shop and quickly spread to the walls and ceiling.

-- The Nation 2008-06-13

Kind of cool seeing the firemen in full protective gear with the exception of the 30 Baht flip flops. Guess they are more comfortable to wear than wearing firemen boots. :-) Things like this in BKK, just reminds oneself they are not in Kansas anymore.

www.sunbeltasiagroup.com

I used to work as an IT contractor before I came to Thailand.

Since living here, I have not worked but just invested in businesses etc, (loss some, won some!). I had a non-immigrant multi-entry B for that purpose. Right now I have a 1-year non-imm ED visa extension.

Now I have been offered a very well-paid 6 month IT contract in BKK

Rather than go and form a new Thai ltd company just for this work, is there any way that an existing Thai ltd company could legally employ me for this period, obtaining a WP for me to perform the IT work of this contract for the client of vthis contract?

Or is it just as cheap and easy to set up a new Thai ltd company for this purpose?

Simon

Have the company offering the contract either employ you and get you a wp or give you the money to form a company.

www.sunbeltasiagroup.com

That answer is right but could be misleading to someone without work permit knowledge - the visa does not allow him to work (or not work) - it only allows a work permit to be issued - the work permit allows the work.

At this time in Bangkok you can apply for a work permit with almost any type of visa or extension of stay including one based on retirement.... with only two exemptions. Those two visas are Tourist visa and education visa are not allowed to apply for the work permit.

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Hi,

I am Belgium (48 year not old ) and I live in Thailand for more that 20 years.

Till now I had 1 year visa non-B without living the country...

But the business is low now and lats year my company did not do the 1,000,000 baht profit! So I could not get my business visa this time! I have Work Permit and all company document. The only thing missing is 1 million baht profit in the balance sheet!

The officer at immigration advised me to get officially married with my wife. I am married (Thai style) for more than 5 years but because of the Thai law restrictions to Thai ladies married with foreigners (land ownership...). We did not get the license! We did not need it!

Now I am getting all documents for the marriage but I need some papers from Belgium and it will not arrive in time. Visa ends 17/06/08! So I have to do Visa Run! Where is the best place to go and cheap to get a non-B (90 days)? Penang, KL, Singapore,Vientiane...??? In 90 days the marriage will be OK.

Thank you guys for your help.

Michel

Vientiane is your best option for a 90 day. You may get a multi entry in KL but it depends on the moon and the sun if you get 90 days or one year.

www.sunbeltasiagroup.com

Hello, because I will probably have also a little problem, soon, to get a new multiple visa for an existing wp (some years old, already), I like to ask here, before I wake up some sleeping dogs at the immigration!

I'm reading at the ads (walen school of Thai), that students with ED Visa are be able, to extend their stay for another 90 days, every time, at the immigration office.

I do understand this, as a different opinion, to the one year extension, with every 90 day reporting yourself at the immigration.

Do I see this right? Can ED people do their visarun to the immigration office for 1900 Baht each time, and, as important, is there a chance, to do this with a non B and WP also, without 50.000 Baht income and 4 employee's?

Thank you very much, maybe sunbelt can say something about it (as I understand, that they know, whats to do under lawregulations)

At this time in Bangkok, you can get a wp without the requirement of 4 Thai employees or a salary of 50K per month. You cannot get a wp using a extension of stay based on education. If you are working this will not be an option.

Your best option is to get another muti entry visa.

www.sunbeltasiagroup.com

Hello again!

During my try, to find some news, I was talking to a couple of people.

And one of these is a 58 years old guy, who is worry, that he will not get a nonB multiple, but still has not enough money income on the wp, to extend!

He has retirement income, every month around 30.000, what brings him easylie to 50.000 a month.

The question is now, can he apply for a retirement extension, 'cause he is not earning enough money with his job and probably his Employer hasn't 4 Employees "for him", so that extension on working visa isnt possible, anyway.

Or, in case, emloyees and so on, are there, can he fill the missing income with retirement-"salary"?

Anyone is knowing something?

Thx!

He can get a work permit with a extension of stay based on retirement BUT he cannot apply for an extension of stay based on retirement using the income from the work permit. Bangkok Labor Dept allows it while Immigration does not.

He can get a work permit with an extension of stay based on marriage and as well apply for the extension of stay based on marriage using the work permit. In fact if he is using local income from where he has a job, he will need a work permit to get the extension of stay based on marriage as he needs to show 40,000 Baht income.

www.sunbeltasiagroup.com

40,000 Baht a month income. There is no 400,000 Baht in the bank option since October 2006

(Just a small note)

unless you had the extension of stay permit already before Oct 2006.... then its valid for those folks.

www.sunbeltasiagroup.com

Hello we are moving to Bangkok soon.We would love to bring our indonesian maid with us.I am hearing many conflicting stories,yes you can no problem,no chance ,sure but she should get a education visa and do some study.

Does anyone know the real story?

Thanks

Kev

No not at this time at Bangkok. Only in cases that were grandfathered in last year and before. We had 100’s of these cases approved before, many with expats with multi nationals but the current Labor Dept in Bangkok does not allow it. We still have around 100 cases or so that have the job title of maid in the work permit.

The only solution in Bangkok that some maids have done is getting an educational visa. This of course does not allow her to work legally or apply for a work permit.

The other district that will allow her to get a work permit is if your residence is in Nonthaburi Dept. If you will be living in this province, and had paid Thai tax of 50,000 Baht last year she can qualify.

www.sunbeltasiagroup.com

Hi Everyone,

sorry about the late reply.

Thank you for all your comments. It has been much appreciated, although i am still a little unsure. A lot of mixed oppinions here.

There is nothing on my 90 day visa that says anything about my job so i trust that my 90 day visa is going to be still valid even when they cancell my work permitt? We left on bad terms which doesnt really help the situation.

You have never gotten a extension of stay permit at Immigration so your visa and work permit are not tied together. The visa will still be valid for 90 days even if you are fired.

www.sunbeltasiagroup.com

Phuket Labour Dept recently refused to accept an application for a new employee's Work Permit on the grounds that the Company Director who signed that application didn't have a Work Permit himself (and thus 'could not' sign it).

In this case the problem was easily resolved by getting one of the Thai Company Directors to sign the application instead

Always has been rejected and will be in the future... when a foreign MD with no wp applies for a wp for an employee.

www.sunbeltasiagroup.com

To set up a company (partnership) in Thailand your will need help from a Thai lawyer. Check out the two sponsors of this forum, Sunbelt and Siam Legal, for their services and tariffs. To operate the company you will need a Thai accountant. This accountant or again the law firm can help you with the paperwork you need for the application for the work permit.

Once you have the work permit, you can apply at the immigration office for a change of visa to non-immigrant status and then apply for annual extensions of stay and of the work permit.

There are different types of partnerships and you should read up on it to know about the financial liabilities you incur with each type. The websites of the aforementioned sponsors probably have information on this subject.

--

Maestro

thanks for the info, I'll check it.

Nobody that did a partnership with a thai gf can share his experience with me?

Have nice day

Bye

Max

A Limited Company is much better than a limited partnership as with a partnership...

Your name as a foreigner cannot be on the bank accoun.

You will not have control of the partnership (A limited partnership must be managed only by the partners with unlimited liability. )

Your GF will have unlimited liability. You also will have unlimited liability if you are involved in the day to day operations.

www.sunbeltasiagroup.com

Thank you all for the replies.

I'm sorry i should of worded my post better.

All i was thinking, was that when my British passport is full, i could re enter Thailand after a visa run, on an Irish Passport. Then carry on using it for future visa runs.

As EmptyMind posted, the Visa stamp is issued to the passport holder not the passport.

So would it be possible when my British passport is full, i could show immigration my Multiple Non-O Visa that's stamped in it and get a 3 month visa stamp to enter Thailand in my Irish passport?

Also thank you sweetchariot for confirming what i heard about it being easier to get a UK visa for a girlfriend/spouse with a European passport. I inquired at the UK Embassy to bring my thai girlfriend of 3 months home with me this time, for a short holiday, and got laughed at.

I thought that British and European passports were all the same, but i now know that's not the case.

So I'm with you kerrs69. Putting the application in the post tomorrow for my Irish passport.

Just use the Uk passport as you’ll just need 5 or 6 pages in total with all the times you will be crossing the border every 90 days.

You would not gain any advantage as the one year visa obtained from Ireland would be at the same time as the UK visa.

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Hi Guys!

I´ve been living the last 5 years in Thailand with a non-inmigrant B visa. I have no work permit. I come in September and leave in June every year, what suits me because of my job. Of course I have to go out every three months. No big deal, I fly to KL or SPR.

Now...I´m going to have a kid with my thai gf. I´m not married and I don´t think I will, but I will register the kid in my embassy and will ask for double citizenship for him (or her). Will the fact of having a family here help me to get a one year visa or, as I suspect, won´t change anything?

Cheers

No you cannot obtain a one year extension of stay permit, as you MUST be over 50 years old. For other fathers that may be over 50 years old and are reading this post, You will need to have a proof that you’re the father of the child, your name should appear in the birth certificate when the baby is born and you will need to go to court to have them sign on the behalf of your child that you are the father (until he or she reaches 7 years old, the court signing on their behalf would be a requirement) This is for fathers that are no longer married or never did get married. If you are still married, you have lots of less red tape.

In your case the most you can get no matter what your age is a 60 day extension of stay to visit your child. You can at some Embassies get a one year multiple entry visa on the basis of having a Thai child. You then will need to leave every 90 days unless you use the extension of 60 days ( to visit your child)

www.sunbeltasiagroup.com.

When I went to London to get my one year marriage visa last year I think that I saw a sign at the desk stating that it was possible to get a three year marriage visa. However I was in a rush and thinking about other things, plus I only had the exact money for a one year Visa. Is it right that they give three year marriage visas there or in any other UK embassy?

My current Visa does not expire until October but I am returning to Uk in a few weeks and I’m considering renewing the Visa so that I don’t have to worry for another year. If I can get a three year Visa then I will.

You must have a Thai wife to apply for a Thai marriage visa.

You misunderstood the 3 yr marriage visa, you can only apply a one year multiple entry “O” visa which will allow you to come and go from Thailand as you wish for one year( maximum stay per entry of 90 days.

The 3 year visa is for Business and is granted by a Thai Embassy and issued only by a Thai career officer.

www.sunbeltasiagroup.com

Thanks very much, I will do that.

You can do during the last 30 days of any non immigrant visa entry - or if you meet the conditions for extension you can change a tourist or visa exempt stamp with more than 21 days remaining into a non immigrant visa entry at an added cost of 2,000 baht.

I believe pay slips are accepted at the UK Embassy for proof but best to check directly with them.

You will need a letter from your employer in the UK as well.

www.sunbeltasiagroup.com

Greeting:

I am trying to find out what kind of Visa I should get if I am coming to Thailand to search for a teaching position. I am an American. I am currrently in China where I have been teaching for the last five years. After visiting Thailand a few months ago, I have decided that I would like to to come to Thailand and teach. So I am wondering what kind of Visa I should get. If I come on a Tourist Visa it is good for only 30 days and it might take me longer than that to find a suitable teaching position.

Any information you can give me will be greatly appreciated.

Wayne

You can get a one year multiple visa at certain Embassies or Consulates but none will do so on a job basis in SE Asia countries. If you are traveling to the States, the best option is to get this there or a tourist visa in SE Asia.

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My non immigrant "B' visa expires on 24 June 2008.

My teaching job finishes on 30 June 2008.

I want to look for a new job in Bangkok.

Can my "B" visa be extended until I find a new job

Only for 7 days if you have an extension of stay based on business. If you can find a job in the meantime, it is possible to extend longer in some cases.

If you have a non immigrant visa obtained at an Embassy. If the large stamp expires on June 30th and it’s a multiple. … by crossing the border before June 30th will give you another 90 days.

As you can see there is a difference between a non B and an extension of stay permit. The non B is not tied to a work permit while the extension of stay is.

or do I have to change to a tourist visa?

Change would mean going to the border and get a 30 day tourist visa exemption stamp or to a Embassy and get a tourist visa. It cannot be done inside Thailand.

If so, how long is a tourist visa valid?

Depends on your nationality.

How many times can I renew a tourist visa?

Up to the discretion of the Embassy.

Can I change to a tourist visa at Immigration Bureau or do I have to leave Thailand?

Must leave Thailand.

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