Important visa news for working foreginers

[george]

IMPORTANT NEWS FOR NON-THAI EMPLOYERS AND EMPLOYEES

NEW LAWS FOR FOREIGN EMPLOYERS

There are important new requirements for foreigners running

companies.  Extra evidence must be submitted to the Labor Office, not only for a new or replacement Work Permit, but also for re-entry stamps on existing Permits. The employer must now show evidence of:

    a) Capital of not less than 2 million baht

    Financial statements by licensed auditors

    c) Company bank statements

    d) Balance sheets of the previous year's trading

    e) Evidence that the company has paid at least 5 million

baht tax over the past 3 years

    f)  If an export business, evidence of trading worth 3

million baht  

    g) Evidence of salary received and tax paid. A single

foreigner must pay tax on a  monthly salary of at least 35,000 baht, a married foreigner on a minimum of 45,000      

        baht.

Full written details of these new rules are only available in

Thai, as far as we know.

It is advisable for a foreign employer to take his accountant or book-keeper to the Immigration Office with him to present the required evidence - and an interpreter if needed.

FOREIGN EMPLOYEES - YOUR “B” VISA IS EMPLOYER SPECIFIC

Not all foreign workers, nor their Thai or foreign employers,

realize that Non-Immigrant B (Business) visas are employer

specific. That is, if you change your employer and wish to stay in Thailand you must notify Immigration.  To do this you must take a form from your previous employer called a Tor Dor 10 - Form of Notification of Commencement, Change and Cessation of Work under Section 23.

Your former employer should also send a copy of this form to the local Immigration Office.  This form will have the date of the termination of your employment.

When you take this form to Immigration, they will cancel your

existing Non-Immigrant B visa and give you a 7 day visa.  

Apparently it is no problem to extend this if you are planning to commence another job. This can, however, be a vital issue for many, such as teachers who may have to wait for a new term to begin before starting a new job. If you provide the Tor Dor 10 and tell Immigration that you are looking for a new job, or in fact already have one - they will give you exact instructions on how to extend your visa, and you should not have any problems.

The worst problem arises when your previous employer does not provide you with a Tor Dor lO for weeks after you have finished work. For every day from the date shown on the form as your termination date until you produce a copy of the form at Immigration YOU RISK BEING REQUIRED TO PAY OVERSTAY FINES OF 200 BAHT PER DAY.  It should be possible to arrange with your employer to prepare your Tor Dor lO prior to your leaving his employment.  

Apparently they do take some time to prepare, no matter how willing or co-operative your employer may be.

It seems that the requirement to actually produce the Tor Dor 10 is relatively recent. Previously, Immigration seemed willing to accept people's word on their termination date, which of course could then become “recent”, so the overstay fine was either non-existent or minimal. This is no longer the case. The advice now is to obtain the Tor Dor 10 and take it to your local immigration office as soon as possible after finishing your employment.

Special Note - Also remember that a foreigners' Work Permit is specific to the occupation and to the province in which it is

issued. So if you are a teacher in Chiangmai you can't manage a local restaurant in the evening, and if you are a teacher in Pattaya you can’t work at anything in Changmai.

[tracer]

Is this a requirement for only one category or for all???

I have had sofar very little problems with workpermit renewals and minor hickups were solvable if known before a renewal is due...

[Nicke]

I have been to Pengang every year to apply for my 1 year multiple entry visa with my company documents and audit book and there have never been any problems.

Since the direct flight from Phuket to Penang discontinued last year I am thinking of Kuala Lumpur this time, it should be around October/November, I guess.

Is there any difference of the Thai consulates in Pengang and KL? Less or more visa friendly?

Do you think I will get problem due to the new rules?

I don't have evidence of 2 million bath cash and I pay regulary tax for 35,000 baht salary but now way close to 5 million bath for the last 3 years.

[snap]

George, are these new requirements for foreigners running companies for those that own over 49% of their bizz?

point e) "paid at least 5 million baht tax over the past 3 years"  , oops that makes short 140K tax a month ?

Where can I find the full details, never mind if it's only in thai available?  

 

[george]

You have to contact your laywer or accountant, the only availbale info I have is the one posted above.

[george]

Nicke and everybody:

Some news from Immigration, and from Penang:

The new rules does not affect the issuance of Multiple visas in Penang (or elsewhere). You can get your next multiple with (perfect) paperwork even for next year. This new rules is ONLY for The Immigration Bureau in Thailand when you extend to one- year visa.

Hope this helps.