Deportation illigal work

[pearciderman]

7 hours ago, elviajero said:

If you are legally married you should get a non-immigrant ‘O’ visa. That way you can apply for a work permit (no need for a non ‘B’) if your employment qualifies. Avoid entering as a tourist if you can.

 

Why avoid entering on a tourist visa? That can be converted to a Non-O in country and then subsequent extensions.

[elviajero]

3 minutes ago, pearciderman said:

 

Why avoid entering on a tourist visa? That can be converted to a Non-O in country and then subsequent extensions.

Because he’s not entering for tourism, but to stay with his wife. And because there is generally less scrutiny when entering with a non ‘O’, and the OP should avoid unnecessary scrutiny given his history.

 

You can’t convert a tourist visa to a non ‘O’ visa. You can only apply for a non ‘O’ as a prerequisite to an extension of stay. It’s far easier to enter with the Non-Immigrant Visa than mess around once in the country.

[pearciderman]

6 minutes ago, elviajero said:

And because there is generally less scrutiny when entering with a non ‘O’,

 

Evidence of this is where ?

 

7 minutes ago, elviajero said:

Because he’s not entering for tourism, but to stay with his wife.

 

Don't make me laugh, tell that to the digital gonads and begpackers.

[mommysboy]

http://www.chiangmailocator.com/wiki-can-digital-nomads-legally-work-in-thailand-p177

12. A farang-Thai couple owns a restaurant and the foreigner is involved in the management of the restaurant

The verdict: " This is a common and delicate case. If the foreigner is only sitting in the restaurant but not serving customers, not training or managing staff, not cooking and not buying supplies, then he does NOT need a work permit for this. But if he involves in any of these activities, officially he does need it.

However, at the same time, there is another section of Thai law that applies to this situation which is that when this is a small family business he is allowed to take care of his family.
So in practice, normally no work permit is enforced. "

 

 

Don't know what to make of the situation!

[mommysboy]

5 hours ago, Paul Catton said:

Opal told me of a Belgian national and his Thai wife who returned back to Thailand for her to operate a small resort.

This is according to a Thai equivalent of Thai Visa for Thai nationals overseas.

The Thai wife alledgedy reported they sold their assets in Belgium to finance the purchase.

This same wife was proprietor and sole operator of the business.

A photograph, according to the wife of the husband, shows him in a state of conversation with a guest was provided to the authorities by an influential and envious party resulted in an un-arbitrary position.

End result, IDC, Deportation and a 5 year blacklist, according to the wife.

She is now in despair, and trying to sell the business so she can try and get back to Belgium to be with her husband.

 

Of course I cannot provide link nor cannot I confirm veracity of truth.

On the balance of probabilities, I find sympathy and empathy for the Belgian national and his Thai wife that they have been screwed.

 

 

Doesn't stack up!  He needed a better lawyer maybe.  

[Just Weird]

11 hours ago, PoorSucker said:

Tell the all the major hotels to fire their foreign chefs. 

No more western food in Thailand. 

 

Off course you can get a work permit as a chef. 

Of course you can't get a WP for cooking in your wife's place.  There's a huge difference between cooking in your wife's little local Thai restaurant and being a foreign chef in an international hotel!  

[PoorSucker]

25 minutes ago, Just Weird said:

Of course you can't get a WP for cooking in your wife's place.  There's a huge difference between cooking in your wife's little local Thai restaurant and being a foreign chef in an international hotel!  

Can you please inform my labour office off that, they don't know the law. 

Surely you can inform them how big your business must be to get a work permit. 

Can you please give us a link to the directive that tells how big your business must be to employ a foreign chef. 

As far as I know the only regulation is that when married, one million in capital and two employee, whom can be your wife and mother in law 

[damen]

Did immigration send you to IDC? If yes, probably they scanned your fingerprints. 

Now if you applied for NON-O Visa will subject for checking your fingerprint for criminal records.

It will be wiser to apply work permit and non-b visa or if you have money to spare, you can also buy the elite visa (1 mil baht for 20 years visa).
This two visa, immigration officer will give you more leeway. Both of this visa does not require any criminal records meaning no fingerprint scan. 

And I am pretty sure if you change your passport and name, your data is as clean as a new paper. However try to avoid your fingerprint for checking for criminal records, once they found out that you have the previous record, more likely you will get charge since you enter the country illegally.

Don't need to waste your money to checkblacklist, since your passport number and name has changed. They will say your record does not exist in their data.  
 

[elviajero]

5 hours ago, pearciderman said:

5 hours ago, elviajero said:

And because there is generally less scrutiny when entering with a non ‘O’,

 

Evidence of this is where ?

Many reports on this forum. Tourists often get questioned, whereas, Non-Immigrant Visa holders rarely do. Maybe you missed them ?

[elviajero]

58 minutes ago, damen said:

And I am pretty sure if you change your passport and name, your data is as clean as a new paper. However try to avoid your fingerprint for checking for criminal records, once they found out that you have the previous record, more likely you will get charge since you enter the country illegally.

Don't need to waste your money to checkblacklist, since your passport number and name has changed. They will say your record does not exist in their data.  

The immigration system uses any combination of a persons Date Of Birth, Nationality, and Name to link records. There will also be photos on the system. It would need to be manually linked, but a name change does not guarantee the two records won't get linked.

[vasilii]

12 hours ago, 4evermaat said:

 

 

All that is needed is non-immigrant visa.  The reasons to extend are interchangeable as long as you meet the minimum criteria. Which category non-immigrant that he stated with wasn't important.  

 

@Vasilii, what is the country of your passport?  If you were married to a Thai, any reason why you never had a non-o? 

i am Russian

[cat handler]

You would be blacklisted if you were deported, changing passports and even your name would have no effect because of it were that easy every terrorists and criminal would do it.

[ubonjoe]

2 minutes ago, cat handler said:

You would be blacklisted if you were deported, changing passports and even your name would have no effect because of it were that easy every terrorists and criminal would do it.

Being deported does not trigger a blacklisting. I think you would that find many people have been deported and were able to return without a problem. The blacklisting is separate from being deported and is based upon what type of criminal offense a person was charged with. 

[pearciderman]

6 hours ago, damen said:

Now if you applied for NON-O Visa will subject for checking your fingerprint for criminal records.

 

Absolute baloney!

 

6 hours ago, damen said:

It will be wiser to apply work permit and non-b visa or if you have money to spare, you can also buy the elite visa (1 mil baht for 20 years visa).

 

Might be problematic as they do do a criminal records check here in Thailand.

[cat handler]

5 minutes ago, ubonjoe said:

Being deported does not trigger a blacklisting. I think you would that find many people have been deported and were able to return without a problem. The blacklisting is separate from being deported and is based upon what type of criminal offense a person was charged with. 

 

Actually it does trigger a blacklisting, or are you under the belief you can be deported to your home country then immediately jump on a plane and fly back again and just enter the same country again? Most countries also require you to pay the costs associated with being deported after your blacklisted time before you can ever re-enter.

[pearciderman]

7 minutes ago, cat handler said:

 

Actually it does trigger a blacklisting, or are you under the belief you can be deported to your home country then immediately jump on a plane and fly back again and just enter the same country again? Most countries also require you to pay the costs associated with being deported after your blacklisted time before you can ever re-enter.

 

If blacklisting and deportation go hand in hand, how come you can be blacklisted, (say for overstay), but not deported?

[ubonjoe]

4 minutes ago, cat handler said:

Actually it does trigger a blacklisting, or are you under the belief you can be deported to your home country then immediately jump on a plane and fly back again and just enter the same country again?

It certainly does not automatically trigger being blacklisted from entering the country again. I can say that because I have seen several reports of people being deported and then returning to the country since they were not blacklisted.

Also not everybody is deported to their home country. Again it entirely depends upon the reason for the deportation.

[mstevens]

10 minutes ago, cat handler said:

 

Actually it does trigger a blacklisting, or are you under the belief you can be deported to your home country then immediately jump on a plane and fly back again and just enter the same country again? Most countries also require you to pay the costs associated with being deported after your blacklisted time before you can ever re-enter.

No, it does NOT trigger a blacklisting.  Plenty of people have been deported and were back in Thailand the next day LEGALLY.  It might not sound logical, but this is hardly uncommon.  Oh, and a hint: If you're going to dispute advice given by anyone in the visa section, UbonJoe is probably the last person you should disbelieve.  What that guy doesn't know about Thai visa law ain't worth knowing!

Edited May 15, 2018 by mstevens

[cat handler]

4 hours ago, pearciderman said:

 

If blacklisting and deportation go hand in hand, how come you can be blacklisted, (say for overstay), but not deported?

 

I would suggest you read what you wrote and try asking again. Oh I just wish I could be blacklisted for an overstay and continue living happily in the country.

[cat handler]

4 hours ago, mstevens said:

Oh, and a hint: If you're going to dispute advice given by anyone in the visa section, UbonJoe is probably the last person you should disbelieve.  What that guy doesn't know about Thai visa law ain't worth knowing!

 

Apologies, I was unaware he had a degree in Thai immigration Law.

[pearciderman]

5 minutes ago, cat handler said:

 

I would suggest you read what you wrote and try asking again. Oh I just wish I could be blacklisted for an overstay and continue living happily in the country.

 

I suggest YOU read what I wrote, nowhere did I say you could continue to live in the country if you are blacklisted, what I did say is that blacklisting and deportation are 2 separate things and they do not always go together.

 

Also, learn that leaving the country of one's own volition is not deportation. Even if you are leaving and being blacklisted for an overstay.

Edited May 15, 2018 by pearciderman

[007 RED]

On ‎14‎/‎05‎/‎2018 at 5:14 AM, vasilii said:

....... Gonna try to go back in September, anyway did new pasport and new name, 2nd name even to be more safety . Gonna do everything legal now......

OP….  I’m unable to comment on whether or not you were banned from entering the Kingdom as a result of having been deported for working illegally.  There has certainly been some lively debate on this matter.  The only people that can confirm that you have or have not been banned, or not, are immigration. 

 

I would strongly suggest that you get your Thai wife to contact the local immigration office, or even better if she is able to get to the HQ in Bangkok, and ask them.  She will need a copy of your previous passport showing the photo page and your last entry and exit stamps.  I would also suggest that she takes your marriage certificate and ID as well as proof of your relationship.

 

Although you say you have changed your name and obtained a new passport you could potentially face a big problem if you return in September and have been banned from entering the Kingdom.

 

Firstly:

The Immigration system is fairly sophisticated and is very capable of linking passports, even when an individual has changed their name(s).  It may come as a surprise to many but the number of people who hold a passport with the same Country Code + Gender + Date of Birth (held on the immigration system) is actually quite small – less than 50 in most cases. 

 

The system has a built-in (fairly basic) facial recognition system so it is able to compare the photo held on the system taken when you either last entered the Kingdom, or when you were deported, and compare it with that given on the photo page of the passport being presented.  Any matches are then displayed on the IOs screen so he/she can confirm if there is (or is not) an actual match.  

Once the IO at the arrival/departure desk scans the passport (and if necessary confirms a link with a previous passport), they have access to your immigration history which might include any ban.

 

If you have been banned then they will refuse you entry.  This will mean that you will have to return to your home country and that invariably will mean that you have to purchase a single flight ticket home at short notice which can be very expensive.

 

Secondly:

If you are lucky enough to be admitted by the IO at your port of entry you face the uncertainty that someone back where your wife lives may know of your ban and report your presence to the local immigration office.  In that case the consequences could be more server in so far that you have entered the Kingdom whilst banned.  Returning under those circumstances will mean that you will always be looking over your shoulder.

 

As I said above, get your wife to check your status with immigration, and if they say that you have not been banned ask them for a letter confirming that.

 

Best of luck in resolving the predicament that you find yourself in.

[Grauwulf]

11 hours ago, cat handler said:

 

Apologies, I was unaware he had a degree in Thai immigration Law.

Na Cat he has just years of experience dealing with associated problems...besides as we all know a Thai degree ain’t worth the paper it’s printed on.... some of these guys have actually HAD these problems and been successful...never say never this is Asia...OP Good luck

[ajnamoon]

Been reading the submissions on this posting but   where and how do you actually get a work permit  ??????

[ubonjoe]

1 hour ago, ajnamoon said:

Been reading the submissions on this posting but   where and how do you actually get a work permit  ??????

It is applied for at Department of Employment of the Labor Ministry. Normally your employer will do the application.

[tryasimight]

On 5/15/2018 at 4:36 AM, damen said:

Did immigration send you to IDC? If yes, probably they scanned your fingerprints. 

Now if you applied for NON-O Visa will subject for checking your fingerprint for criminal records.

It will be wiser to apply work permit and non-b visa or if you have money to spare, you can also buy the elite visa (1 mil baht for 20 years visa).
This two visa, immigration officer will give you more leeway. Both of this visa does not require any criminal records meaning no fingerprint scan. 

And I am pretty sure if you change your passport and name, your data is as clean as a new paper. However try to avoid your fingerprint for checking for criminal records, once they found out that you have the previous record, more likely you will get charge since you enter the country illegally.

Don't need to waste your money to checkblacklist, since your passport number and name has changed. They will say your record does not exist in their data.  
 

Keep that happy thought!

[DavisH]

On 14/05/2018 at 12:38 PM, jvs said:

If your wife has a small restaurant you are not allowed to work there

as far as i know.Cooking and cleaning is not a job a foreigner is allowed to do.

Burmese do it, or do they have different rules for ASEAN members?

[ubonjoe]

14 minutes ago, DavisH said:

Burmese do it, or do they have different rules for ASEAN members?

Those from Myanmar, Laos and Cambodia have different rules as laborers. There is no rule for all of ASEAN.

[PoorSucker]

5 hours ago, DavisH said:

Burmese do it, or do they have different rules for ASEAN members?

There are hundred small restaurants on Koh Samui with foreign chef married to a Thai. 

No problems getting a work permit as a chef. 

[merijn]

Deportation does not mean that the person is automatically blacklisted.

Those are 2 different things.

Also the person being blacklisted will receive a official letter stating that he/she is blacklisted for the mentioned offense and the duration of the blacklisted period.