Is This Legal?

[DarwinK]

Wondering if anyone can explain the following:

I had thought that someone holding an extended visa as a dependent of their spouse, who has a business visa, can get a work permit. Both people can work at the same company, with a total number of 4 Thai employees needed.

Is this correct? Is it all legal?

The reason I ask is that I'm told in such a situation the PND1 income tax documents need to be separate--i.e, husband and 4 Thai employees on 1 PND1, and another PND1 with just the wife. When Immigration asks to see the PND1 at the time of the husband renewing his extended visa, Immigration should only see his name, and not his wife's. If the above situation were legal, why would the PND1s need to be separate? Why the need to hide this from Immigration?

If this is not legal, what are the risks or penalities if Immigration finds out and and determines that a company employing 2 foreigners needs 8 employees, no matter what type of visas are used.

Many thanks, Darwin

Edited February 2, 2007 by DarwinK

[DarwinK]

Any comments, please?

[Sunbelt Asia]

Wondering if anyone can explain the following:

I had thought that someone holding an extended visa as a dependent of their spouse, who has a business visa, can get a work permit. Both people can work at the same company, with a total number of 4 Thai employees needed.

Is this correct? Is it all legal?

The reason I ask is that I'm told in such a situation the PND1 income tax documents need to be separate--i.e, husband and 4 Thai employees on 1 PND1, and another PND1 with just the wife. When Immigration asks to see the PND1 at the time of the husband renewing his extended visa, Immigration should only see his name, and not his wife's. If the above situation were legal, why would the PND1s need to be separate? Why the need to hide this from Immigration?

If this is not legal, what are the risks or penalities if Immigration finds out and and determines that a company employing 2 foreigners needs 8 employees, no matter what type of visas are used.

Many thanks, Darwin

It is illegal as your employer is lying on the form Sor Mor Tor 1. question #5 when it ask, " how many foreign employees are employed?"

This is a criminal offense.

www.sunbeltasiagroup.com

[DarwinK]

Thank you for the candid answer, SunbeltAsia.

What is the Form Sor Mor Tor 1? When does that get filed?

Also, why does a man married to a Thai with a Non-O visa and work permit not require 4 Thai employees--wouldn't his employer also have to lie on the Form Sor Mor Tor 1 regarding how many foreigners are employed?

Thank you, Darwin

[Sunbelt Asia]

What is the Form Sor Mor Tor 1? When does that get filed?

It is a form which asks questions about the company. It gets filed when you apply for an extension of stay based on business.

Also, why does a man married to a Thai with a Non-O visa and work permit not require 4 Thai employees--

Because the employee did not apply under an extension of stay based on business but as an extension of stay based on marriage to a Thai. It is not criteria in order to live with your Thai wife, to have 4 Thai employees.

wouldn't his employer also have to lie on the Form Sor Mor Tor 1 regarding how many foreigners are employed?

The employer would never file this form with Immigration in reference to this employee. He doesn't need to as this employee already has a one year extension of stay permit based on marriage.

By the way, the Labor Dept does not require you to have 4 Thai employees. Neither does Immigration unless you apply for the extension of stay based on business. However when they do apply for that applicant under extension of stay based on business, all foreigners in the company, no matter what visa class, will need 4 Thai employees per work permit, in order for this foreign employee to qualify.

Example: How many foreign employees the company has? The employer says 4. They need 16 Thai employees even if three other foreign employees already have extension of stay based on education or based on marriage or based on being a dependant of a spouse who is retired. The company never needed to hire Thais, as the other three foreign employees already had a one year extension based on other criteria.

However for this 4th employee to get a one year extension based on business, the employer will have three options

1, Hire more Thai staff ( 16 in total)

2. Have the foreigner get a multi entry visa. The employer will need to revalidate the 4th employees work permit every 90 days after the 4th employee travels outside Thailand.

3. Lie on Sor Mor Tor 1 and say he has one foreign employee and file 2 sets of PND #1. Immigration would never know until they visit the office. Odds are the day Immigration visits, will not be a happy day for the employer or employee.

www.sunbeltasiagroup.com

[DarwinK]

Interesting. So would the following situation then be legal?

A Thai company hires only foreign employees that have dependent visas. The company can hire as many as it likes, as long as it meets the Labour Dept's capital and salary requirements. The company has no specific requirements for a specific number of Thai employees, as none of its foreign employees has an extended visa for business purposes.

[Sunbelt Asia]

Interesting. So would the following situation then be legal?

A Thai company hires only foreign employees that have dependent visas. The company can hire as many as it likes, as long as it meets the Labour Dept's capital and salary requirements. The company has no specific requirements for a specific number of Thai employees, as none of its foreign employees has an extended visa for business purposes.

Yes

www.sunbeltasiagroup.com