Issuing a Work Permit with an EOS for being a parent of a Thai

[Mattd]

Has anybody ever had any experience on being issued a work permit under section 12 (BOI / IEAT) whilst being in the country on an extension of stay for being a parent of a Thai?

I have just done the first part of this new extension, due to the old extension that was based on work being cancelled, however I have now been offered a new job and the WP will be issued under IEAT privileges, the new company are insistent that they will not be able to get a work permit issued with this new extension as it is now class as a non o and that I will need a non b visa and entry?

Unfortunately the old WP was also cancelled today, so cannot be transferred, so it will be treated as a new application.

Can anybody provide a link or source that specifically states that the only requirement for a WP is a non immigrant entry?

[BritTim]

There is nothing in the rules that indicates a work permit cannot be issued on an extension as father of a Thai. On the contrary, the clear meaning of the rules is that any non immigrant entry is sufficient. However, some labor departments do not see things that way. It is possible that the office signing off on EAT work permits might insist on a Non B.

[Mattd]

1 hour ago, BritTim said:

There is nothing in the rules that indicates a work permit cannot be issued on an extension as father of a Thai. On the contrary, the clear meaning of the rules is that any non immigrant entry is sufficient. However, some labor departments do not see things that way. It is possible that the office signing off on EAT work permits might insist on a Non B.

I have told the company to give it a go, by definition if you are here and can work, then you can also extend by showing tax receipts, in fact the monthly earning requirement is quite low at 40k.

 

The trouble is that IEAT clearly state a non b in their guidelines for the WP.

[Mattd]

IEAT have told the company that it is no issue for them, so long as immigration agree.

[Mattd]

OK, just a quick update to this that may help others in the future.

Today I went to Chonburi labour department with one of the staff, IEAT had already pre-approved the work permit from their side.

 

This is when I understood where the issue comes from regarding immigration and work permits, basically it is the total lack of understanding from all involved of the processes, under normal procedure an expat is issued a work permit and then goes to immigration to extend their stay based on work, to do this, then you must have a non b, what royally confuses them is when you try to separate the work permit from the extension of stay, this they truly find difficult to comprehend.

 

I tried to explain to all involved today to think of it in a different way, the DOE & immigration are two completely separate entities, DOE care only that the entry / permission to stay is a non immigrant one to issue a work permit, immigration only care that you are in the country legally and that you meet the requirements of the extension of stay applied for, the two do not have to be connected in any way shape or form, to get this through though is near on impossible, this is a country where 99.99% of the people have absolutely no idea about their own rules, non whatsoever.

 

This when you become totally at their mercy, previously I had applied to extend my stay based on my son, which is under consideration and scheduled to return to Jomtien immigration on 4th October, now the company is insisting that I go to immigration in Sriracha tomorrow to make an extension based on work, I am just hoping that immigration will understand the situation and explain it to the company, I have just about given up trying!

[Mattd]

The new work permit was issued yesterday, interestingly it differs quite a lot from any of my previous ones.

 

Apart from my name etc. Job title and issuing province, there is nothing much else in it, no company name for instance or address and no home address, the staff at the new company say it is to do with the new laws that were introduced earlier this year.

 

The only drawback could be when you try to use the WP for car registration, driving license or similar, due to the fact there are no addresses in the WP at all.

[ubonjoe]

7 minutes ago, Mattd said:

Apart from my name etc. Job title and issuing province, there is nothing much else in it, no company name for instance or address and no home address, the staff at the new company say it is to do with the new laws that were introduced earlier this year.

Thanks for the info.

That confirms what has been said about the new rules for work permits. Once you have a work permit they say you can work at any job with one.

[Mattd]

8 minutes ago, ubonjoe said:

Thanks for the info.

That confirms what has been said about the new rules for work permits. Once you have a work permit they say you can work at any job with one.

UJ, yes it would appear that way, this new one was issued under section 12 of the Working of Alien Act, via IEAT, so has a 2 year validity.

Never ceases to amaze me how the regulations can change so much between the sections, for this work permit I didn't even need to go and have a medical.

 

It was issued during the under consideration period for the EOS I made to take care of my son, the company want me to go to Jomtien on the 4th October to get the stamp and then go back to Sriracha immigration, change the EOS to one for work and 2 years, I am in two minds about doing this, it is far easier for me and less stamps in my passport, as the reentry permit will also be for two years, but if the job disappears, then I am back to square one with regards to permission to stay.

 

It is quite amusing how most Thais do not know or understand their own rules, most are adamant that you must have a non b to work, I got fed up of trying to explain that immigration would only require this if you are extending based on work, if the EOS is based on staying with wife, child etc. then they become two separate things.

[ubonjoe]

33 minutes ago, Mattd said:

It was issued during the under consideration period for the EOS I made to take care of my son, the company want me to go to Jomtien on the 4th October to get the stamp and then go back to Sriracha immigration, change the

That would not be as easy as they make it sound. Immigration might not cancel your extension based upon being the parent of a Thai. Extensions normally can only be canceled if the reason for the extension has ended. You might have to leave the country to get a non-b visa to apply for the extension based upon working.

I cannot understand their reasoning for wanting you to change the reason for your extension since your work permit has already been issued.

[overherebc]

Related in a way but your story is one of the reasons I always stuck with my multi O

( married ) never had a problem getting a WP and although it meant out/in every 90 days it did mean many years without going near any Imm' office, they always have the Non B mind-set. In addition when contracts finished I cancelled my WP and kept my visa (not extension)

However I appreciate one size doesn't fit all.

[overherebc]

1 minute ago, ubonjoe said:

That would not be as easy as they make it sound. Immigration might not cancel your extension based upon being the parent of a Thai. Extensions normally can only be canceled if the reason for the extension has ended. You might have to leave the country to get a non-b visa to apply for the extension based upon working.

I cannot understand their reasoning for wanting you to change the reason for your extension since your work permit has already been issued.

For some reason Imm' always want people to change to a B.

Maybe was a requirement years ago but keeps coming up along with the 180 days a year often quoted at airports.

The new WP rules are 'interesting' so let's hope the new rules filter down and are equally applied in all areas.

Not holding breath I am Obewan Kenobe..

[Mattd]

2 hours ago, ubonjoe said:

That would not be as easy as they make it sound. Immigration might not cancel your extension based upon being the parent of a Thai. Extensions normally can only be canceled if the reason for the extension has ended. You might have to leave the country to get a non-b visa to apply for the extension based upon working.

I cannot understand their reasoning for wanting you to change the reason for your extension since your work permit has already been issued.

One of the staff visited Sriracha Immigration on Tuesday, armed with a Tm.7& TM.8 and tried to make an extension based on work, she was told that they could not do this, as the other extension is in progress, it was then that immigration suggested that it is changed as soon as the one based on being a parent of a Thai is issued.

A lot of Thais are fixated on Non-B for working, I spent hours trying to explain that it is not necessary, this is when they go in to their 'not listening mode'.

The way I see it is, DOE / Labour had no issues issuing the work permit using the non imm for being a parent of a Thai and I satisfy immigration regulations to extend the stay for being a parent of a Thai, then the job is sorted.

However, there seems to be this fixed thought in the minds of the Thais involved that the two MUST be linked and can never be separated, probably because that is how it has always been done by them.

My analogy to them was that they are two separate departments with different responsibilities, like the electricity and water companies.