Questions, Questions, Questions!

[leanester]

Hello all, I would love to know some answers to my questions, if u can answer all of them I would be so grateful!!! Ok, thing is like this...I'm from argentina, 21 years old, and I'm gonna travel in the 11th marh to BKK, thailand, and arrive there at 13th mach at 10:30 am I think...I have my VOA for 90 days countin from that day, and my plane ticket back is 85 days after i arrive, if i don't pay 100 usd more to expand it 1 more month...I will be staying with a family in their house that 3 months, and I wanna stay in thailand cuz I fell in love there...I'm planning to work in that house as a chef, so now i'm studying cook arts here, because i don't wanna get a WP and don't do the job i register for...so now this are my questions...

1) After I arrive...what is the first thing i have to do, concerning to get the WP?

2) what are the necessary papers and documents?

3) how long does it take?

4) if i have to go out of the country to get the permission...wich one do u recommend right now?

5) how long is the WP valid for? what kind of visa do i get and for how much time? how often do i have to renew both?

6) if i wanna change my job later cuz i find other one, what should i do? what's the procedure?

7) do i have to have copies from my highschool diplomas or education here in argentina, before i get there? or they take it for granted that i have an education here?

8) if i get this WP and visa extension for 3 years...and learn thai language and thai culture, can i apply for the residence permit with this?

9) do the owner of the house (my employer) have to pay special taxes cuz i'm foreign guy? or same than any work and any employee?

10) can i study and work at same time? do i get 2 different visas at same time? or i have to do one thing or the other in different moments? what's the procedure for this too?

Ok, that are my questions for now, sorry to make it long, but if u can answer all this, i will be completely gratefullllll!!!!!!!!!!!!!!!!!!! thanks a lot, love

Leon

[Sunbelt Asia]

1) After I arrive...what is the first thing i have to do, concerning to get the WP?

2) what are the necessary papers and documents?

3) how long does it take?

4) if i have to go out of the country to get the permission...wich one do u recommend right now?

5) how long is the WP valid for? what kind of visa do i get and for how much time? how often do i have to renew both?

See Below....

6) if i wanna change my job later cuz i find other one, what should i do? what's the procedure?

Start the process over again.

7) do i have to have copies from my highschool diplomas or education here in argentina, before i get there? or they take it for granted that i have an education here?

No need for the diploma. But bring it in any case.

8) if i get this WP and visa extension for 3 years...and learn thai language and thai culture, can i apply for the residence permit with this?

No. Not in your case. ( as the employer is a family)

9) do the owner of the house (my employer) have to pay special taxes cuz i'm foreign guy? or same than any work and any employee?

No. No tax will be paid unless you make more than 15K Baht per month.

10) can i study and work at same time? do i get 2 different visas at same time? or i have to do one thing or the other in different moments? what's the procedure for this too?

Yes you can study. You can use the same visa.

Requirement

The easiest criteria to meet, is someone in this family that will hire you, must be paying 50,000 Baht personal income tax per year. This ‘someone” can be a foreigner with a work permit or a Thai national. This foreigner or Thai does not need to have a company. For every 50,000 tax paid per year, up to three people can be employed. Example: They paid 150,000 Baht in tax last year they can employ three foreigners.

Proof of this income is the last three months of Phor Ngor Dor.1 (Personal Income tax form filed on a monthly basis) and Phor Ngor Dor.91 ( Filed on a yearly basis in March) If they do not have a Phor Ngor Dor.91 because they have not been working in Thailand for a year , this is not a problem. However they must have the last three months of Phor Ngor Dor.1 (Personal Income tax form filed on a monthly basis)

We also need a copy of the work permit and passport, if it’s a foreign employer.

Also is needed a copy of the rental agreement from the landlord of the residence and the employer.

From you the cook we just need your resume and copy of passport. Later after you gets the WP3, we’ll need a doctor's certificate in Bkk ( after you arrive) stating you are in good health (this can be arranged quickly in Thailand and generally costs less than 500 baht and usually does not required any actual exam) as well as three color, 4 by 5 centimeter photos.

You will need to go to the Embassy with the WP3 and a letter from the employer's employer that the employer make X amount of Baht, length of employment and position. They also provide a copy of the company affidavit of the employer. (signed by the director and stamped)

Please note: They do not have to have a company to employ you as a cook, it's only required to get the letter from the company they work for.

Required Documents to get you the WP3/ Visa and work permit:

Last three months of Phor Ngor Dor.1 (Personal Income tax form filed on a monthly basis) The Employer's accountant will have this.

Phor Ngor Dor.91 ( Filed on a yearly basis in March) Your Employer's accountant will have this.

Work Permit ( If a Foreign Employer)

Passport ( If a Foreign Employer)

Thai ID ( If a Thai Employer)

Rental Agreement of the Residence ( If they own the home/condo, copy of the household registration or deed)

Letter from the employer's employer (that they as an employee make X amount of Baht, length of employment and position... attach the affidavit of the company as well.

Your Resume as a cook

Photo ( three 4 x 5 cms photos of you the cook)

Copy of Passport ( of you the cook)

Cost

The total cost to get you legal and able to live here, is low.

The Breakdown is this

1st year

Professional Fees

WP3 submission 3,900 Baht

Work permit 6,500 Baht

Work permit revalidation (every 90 days @ 1,600 Baht) 4,800 Baht

Work permit for the Government paid at the Labor Dept. 3,400 Baht

One year Multi entry ( paid at the Embassy) 5,000 Baht

3 Visa Bus trips to the border 6,000 Baht

Second year

Work permit renewal 3,900 Baht

Work permit revalidation 4,800 Baht

Total Professional Fees 8,700 Baht

Government fees for WP 3,400 Baht

One Year Multi Entry Visa 5,000 Baht

One Trip to Penang or KL 6,000 Baht

Visa Bus (three trips) 6,000 Baht

What is the Process?

The first step is to apply for the Wp3. (Takes approximate 12 days)

The second step is to apply for the 90 day visa at the Embassy (Takes two days)

The third step is to apply for the work permit (Takes three business days)

Penalty

Most people were not aware of the danger having a foreign cook working for them without a work permit.

A person that permits a cook to work without a required work permit can be punished with imprisonment up to three years and/or a fine up to 60,000 baht.

The penalty for the you working without a Thai work permit could also amount to imprisonment not exceeding three months and/or a fine up to 5,000 baht.

Privileges of a Thai Work Permit for you.

• Purchase of vehicle.

• Subscription to Mobile Phone network.

• Opening of Current Bank Account

• Application for Bank Debit Card.

• Application for Visa to travel to another country.(Required by some embassies).

VISA

Some have wondered why the cook has to leave the country every 90 days by a visa run, even with a work permit. The extension of stay based on business requires a company not a natural person to apply on behalf of the applicant. You are legally able to get a one year multi entry visa with the work permit. ( Outside the country)

Restricted Occupations

A number of foreigners were surprised that we could list “cook” as the job title.

The Thai Royal Decree in 1973 listed 39 occupations and professions that were then prohibited to aliens. This list has been amended on several occasions by subsequent Royal Decrees, the latest one in 1979.

• Labor

• Work in agriculture, animal breeding, forestry, fishery or general farm supervision

• Masonry, carpentry, or other construction work

• Wood carving

• Driving motor vehicles or non-motorized carriers, except for piloting international aircraft

• Shop attendant

• Auctioning

• Supervising, auditing or giving services in accounting, except occasional international auditing

• Gem cutting and polishing

• Hair cutting, hair dressing and beautician work

• Hand weaving

• Mat weaving or making of wares from reed, rattan, kenaf, straw or bamboo pulp

• Manufacture of manual fibrous paper

• Manufacture of lacquerware

• Thai musical instrument production

• Manufacture of nielloware

• Goldsmith, silversmith and other precious metal work

• Manufacture of bronzeware

• Thai doll making

• Manufacture of mattresses and padded blankets

• Alms bowl making

• Manual silk product making

• Buddha image making

• Manufacture of knives

• Paper and cloth umbrella fabrication

• Shoemaking

• Hat making

• Brokerage or agency work, except in international business

• Dressmaking

• Pottery or ceramics

• Manual cigarette rolling

• Legal or litigation service

• Clerical or secretarial work

• Manual silk reeling and weaving

• Thai character type-setting

• Hawking business

• Tourist guide or tour organization agency

• Architectural work

• Civil engineering work

As you can see “ cook” is not a restricted occupation.

Salary

Some employers thought in order to get the cook a work permit in Thailand they must pay you being from South American 35,000 Baht. The 35,000 baht monthly salary refers to the amount of money you need in order to get an extension of stay for business. As the employer is a natural person, you cannot even apply for this extension, so it’s not applicable.

By the way even if the employer is a Thai company, you as a cook are still able to stay and work in Thailand with an income of even just 10,000 baht a month but without the convenience of extending your permit to stay without having to leave the country every 90 days.

Thai employees

A common misconception by many is in order to apply for a work permit, the employer must employ four Thai employees. This is not true, that it is required. However, if the employer (natural person) does meet this objective. They can employ a foreigner for every four Thai employees, the maximum being three foreigners. If they do meet the criteria, the tax of 50,000 Baht per year for the employer ( natural person) does not apply.

We look forward to helping both the employer and you. They can reach our office at 02-642-0213 Monday to Friday 9 a.m to 6 p.m.

www.sunbeltasiagroup.com

[leanester]

Thank you so so so much! You are always helpful!!! But I have one more question...if i want to ask for residence in this case...what should i do? is there a way? or i have to find another job to do it? if i'm working as a cook, can i have another job at the same time? what can i do?

Leon

[LivinLOS]

Another excellent and detailed post SB..

Only question is..

Privileges of a Thai Work Permit for you.

• Purchase of vehicle.

• Subscription to Mobile Phone network.

• Opening of Current Bank Account

• Application for Bank Debit Card.

• Application for Visa to travel to another country.(Required by some embassies).

I have done each and every one of the above except go on a mobile phone contract (did a fixed line).. None asked me for my WP.

[Sunbelt Asia]

Thank you so so so much! You are always helpful!!! But I have one more question...if i want to ask for residence in this case...what should i do? is there a way? or i have to find another job to do it? if i'm working as a cook, can i have another job at the same time? what can i do?

Leon

Residence permit based on business will require getting a salary of at least 75K per month for three years with the extension of stay based on business. You also will need to speak some Thai. A number of people feel having a residence permit is overrated. It just depends on your view.

I have done each and every one of the above except go on a mobile phone contract (did a fixed line).. None asked me for my WP.

Others however have. It is pot luck if they ask for the wp or not.

www.sunbeltasiagroup.com

[Briggsy]

Even though I'm just an observer, I have to say that is a fantastically comprehensive yet concise reply.

[leanester]

Thanks again! but....can I have 2 jobs at the same time?

[Sunbelt Asia]

Thanks again! but....can I have 2 jobs at the same time?

Yes but the second employer must qualify as well to employ you.

Even though I'm just an observer, I have to say that is a fantastically comprehensive yet concise reply.

Thank you for the kind remark.

www.sunbeltasiagroup.com

[leanester]

Hello again...so sorry to bother u again...but i'm a little worried...today i talked with my lover, and seem he asked some info to the goverment about this thing...and they say it's gotta be a company that hire me, not a natural person...i will paste the conversation here:

MY LOVER=

i called to the goverment 's organiztaion they working about the outsider working permition here

MYSELF=

oh

MY LOVER=

and they told me i must be a company who have money when subscript company 2 millions bath up

and i check about that 50000 bath tax on goverment website

it's mean if i hire u i have to pay the goverment 50000 bath

SO....WHAT DO YOU THINK? WHY THEY TOLD HIM LIKE THIS?

I hope u can tell me something that don't make me lose my hopes...thank u so much

Leon

[Sunbelt Asia]

SO....WHAT DO YOU THINK? WHY THEY TOLD HIM LIKE THIS?

Because this is Thailand and not everyone is up on the laws.

By the way, one of the most prominent attorneys in Thailand hire us to handle their domestic worker case because the long established firm had no one that knew about this natural employer law. We are successful because we are a specialist in this field.

and i check about that 50000 bath tax on goverment website

it's mean if i hire u i have to pay the goverment 50000 bath

The employer must of paid it already on their income.

www.sunbeltasiagroup.com

[leanester]

Thanks again! well if i can be hired as a cook i will go to u and ask for ur assistant in that case...anyway i've lost hopes too because no one in my lover's family win so much money to pay that high amount of taxes per year...average salary in thailand is aroiund 600-900 usd and to pay 50000 bath per year is needed a salary around 2000-2500 usd per month...need to be rich i think...is there any job that i can do for them that don't need so much taxes paid in a year? sorry for always have a question...but i really need to stay with the one i love...thanks again, i hope u can answer my question once again! Sunbelt asia you rock! hehe

Leon

[Sunbelt Asia]

Thanks again! well if i can be hired as a cook i will go to u and ask for ur assistant in that case...anyway i've lost hopes too because no one in my lover's family win so much money to pay that high amount of taxes per year...average salary in thailand is aroiund 600-900 usd and to pay 50000 bath per year is needed a salary around 2000-2500 usd per month...need to be rich i think...is there any job that i can do for them that don't need so much taxes paid in a year? sorry for always have a question...but i really need to stay with the one i love...thanks again, i hope u can answer my question once again! Sunbelt asia you rock! hehe

Leon

The salary and tax charged depending if they had kids, married, etc in most cases would be around 60,000 Baht per month. ( to reach the tax of 50K per year)

If you are married to a Thai, then it only needs to be 25K tax in a year( the employer had paid this on his salary)

Another two options...

Do they employ 4 Thais now? It must be 4 Thais under this one option unless you are married to a Thai, then it could be just 2 Thais your employer has employed.

The last option, did they have a business operation that had gross income of 700K last year or if you are married ( 350K in gross income)

www.sunbeltasiagroup.com

[leanester]

Thanks again sunbelt! even if I've lost all my hopes on this, cuz none of my lover's family members accomplish this requirements, I'm very grateful for all ur help....Seems I will have to find another way, but I will never lose my hope in finding other ways to stay with the one I love....Thank you!!!

Leon