Work Permit from BOI while on SETV - is it legal and possible?

[EbhB]

Sooo... After preparing to move here the past years, I might get presented with a one-year part-time project on Tuesday.

 

This is with an experienced BOI, would think they are in good standing with immigration etc, but the problem is that the customer wants me to start on Wednesday...

 

Now, the WP application should be very easy to get done, others have reported getting it done with inside of half an hour - as long as the BOI has done its part of course.

 

But, the normal thing would be to do this while the applicant is abroad... Or perhaps on a business visa?

I would guess that its better to have a WP and then the wrong visa type rather that NOT having any WP at all, but what would be the risks of anything going seriously wrong if the BOI f.... up?

If need be, I would be happy to pop over to say Vietnam & work remotely until both WP and the right visa is done, but not sure if the BOI nor customer would be happy with starting a project that way.

 

Money is no real problem here, after all I am very close to going for a 5 or 20 year elite visa - I might even start that process on Tuesday, so that I got that as a fall back. (Both for long term stay & work here, as well as something to point to if it really starts going bad with immigration... Would guess that would calm them down, kinda like virtue-signaling in the West haha)

 

What concerns me the most is of course the long term prospects, never had an overstay or anything, but entered via a land border this time - on second SETV, with loads of exempts previously. Never been here more than 183 days, could be something like 120-150 the past two years max.

 

Will be happy with any help! ????

[ubonjoe]

The work permit can be applied for with a tourist visa entry but it will not be issued until a non-b visa is obtained.

If it is a BOI company that can all be done at a the one stop center in Bangkok.

You would not be able to use the Thai Elite PE visa while working since a non immigrant visa is required for the work permit and to work.

[EbhB]

Oh, really! I have heard about the one-stop centre, but did not think it had that capacity for problem-solving!

 

I imagined zipping between that and Chaen Watthana for days...

 

So, basically what I have to insist on is getting my visa converted before doing any real on-site work?

 

When it comes to the elite visa, that is something I might still do as I plan to both stay here for the next decades + visit the region, while running my own businesses in Europe. This project is for a year, but can be cancelled every three months - and whatever work I do with IT here it would be a good thing to have that as a "failsafe" and/or for periods where I want to focus on my own stuff... ????

[MrBingley]

The process should be simliar to the one outlined below by Iglu, another BOI company. Theirs takes about three to four weeks in total and I'd imagine that's standard. 

 

https://iglu.net/thailand-business-visa-and-work-permit-process-with-iglu/

 

Edited April 6, 2019 by MrBingley

[EbhB]

They have strongly suggested that they might be able to get it done VERY quickly...

 

But, I do worry that they might want me to "just take a chance", and thats when it will be hard to get this to fly - I am willing to do lots of risky stuff, but NOT with any bureaucrats when firmly on the radar!

 

If this kind of time-span is necessary, I will probably offer to somehow get started the first weeks meeting remotely - perhaps after having met the other team. Guess that will be totally OK, and if not that in itself will be a red flag for me...

Still, its all a good opportunity that is very hard to pass by if its going ahead!

[EbhB]

...one thing about this versus Iglu - their process is with developers not in-country, and with their own customers.

 

This will be with me in-country and available, with a customer that bills the BOI directly for my work, so I guess it will at least be somewhat easier and quicker!

 

I will also have the possibility to "phase in" own customers towards my minimum salary at a later point, will talk to the BOI about that as well as all other stuff on Monday ????

[ubonjoe]

18 minutes ago, EbhB said:

I imagined zipping between that and Chaen Watthana for days...

The work permit and a application for a non immigrant visa can all be done at the one stop center.

After that is done you would go back in about 45 days to get the one year extension of stay based upon working.

[EbhB]

14 minutes ago, ubonjoe said:

The work permit and a application for a non immigrant visa can all be done at the one stop center.

After that is done you would go back in about 45 days to get the one year extension of stay based upon working.

That could all work out in a good way then...

I will have to zip back for a scheduled job the first weekend of May anyway, so hopefully i could get it sorted so that it turns into a one year extension.

 

Will need to do some commuting and visits other places anyway, so whatever I end up on in terms of underlying visa it will have to be multi-entry and somewhat flexible...

[ubonjoe]

6 minutes ago, EbhB said:

Will need to do some commuting and visits other places anyway, so whatever I end up on in terms of underlying visa it will have to be multi-entry and somewhat flexible...

After getting the one year extension you would apply for a multiple re-entry permit to keep the extension valid when you enter the country.

[EbhB]

Would it be possible then to get from where I am now to having a WP, business visa and 1 year extension with multiple entries inside of around two weeks?

 

I really need to go back that weekend at the start of May, but if that puts a full year or work or my status with immigration long term in jeopardy I will call if off...

 

Also, if getting both WP and a correct visa is NOT possible during Tuesday, I will have to discuss options with the BOI on Monday.

[ubonjoe]

6 minutes ago, EbhB said:

Would it be possible then to get from where I am now to having a WP, business visa and 1 year extension with multiple entries inside of around two weeks?

I think all you can get in two weeks the is a 90 day entry from the non-b visa.

You could get a single re-entry permit (1000 baht) for the 90 day entry from the visa application. You could a multiple re-entry permit for 3800 baht but that would probably not be needed before you get the one year extension.

[EbhB]

90 days would be more  than enough!

 

I will be returning at least once a quarter anyway, so I would actually be totally OK with concurrent non-b visas... Its all about the WP for me, getting a project like this starts me on a REAL career here ????

 

But... Is it then your experience that its NOT possible to go from applying one day, and legally working the next?

 

If so, will there be some way of "bridging" a gap - as in getting a temporary WP or any other flexible solution?

 

I do hope I get the project AND can agree that it starts when I have the WP and visa all in order, but the team seems to be set on starting next week... Thats why I am thinking of working remotely as a stop-gap measure from say Ho Chi Minh, where I should get the appropriate visa easily with the documentation from the BOI.

Edited April 6, 2019 by EbhB

[ubonjoe]

5 minutes ago, EbhB said:

90 days would be more  than enough!

 

The 90 day is only done one time to apply for an extension.

Not sure what you expect the work permit to do for you if you are only going to be working for 90 days. To keep it valid you must stay on a non-b visa or an extension,

[EbhB]

This project is for a year, and I will most likely continue working for the same BOI if it all goes well.

But I also have business in Europe that I will need to visit, a short week once a quarter at minimum.

 

As I will also try to visit other companies in countries as Vietnam, I will be gone for shorter periods once 2 to 3 months anyway...

[MrBingley]

6 hours ago, EbhB said:

...one thing about this versus Iglu - their process is with developers not in-country, and with their own customers.

 

This will be with me in-country and available, with a customer that bills the BOI directly for my work, so I guess it will at least be somewhat easier and quicker!

 

I will also have the possibility to "phase in" own customers towards my minimum salary at a later point, will talk to the BOI about that as well as all other stuff on Monday ????

The process is largely the same for BOI approved hires so far as I know. You need to get title approval, then leave to get a non b visa and then return and get a work permit. I think the minimum is likely two to three weeks but now probably closer to three with Songkran approaching. 

[JackThompson]

5 hours ago, EbhB said:

This project is for a year, and I will most likely continue working for the same BOI if it all goes well.

But I also have business in Europe that I will need to visit, a short week once a quarter at minimum.

 

As I will also try to visit other companies in countries as Vietnam, I will be gone for shorter periods once 2 to 3 months anyway...

Re-entry permits take care of leaving and returning - both on your initial Non-B 90-day and subsequent 1-year extension.  But, the re-entry permit for one does not transfer to the other - it only applies to the permitted-stay in your passport when you buy the re-entry permit.  So, probably you'd get single re-entry permit for the 90-day (or 2, if you need to leave 2x in that period), then during the last 30-45 days of that 90-day, you apply for the 1-year extension, and could get a multi-entry re-entry permit to cover the 1-year permitted-stay received subsequently.

Edited April 6, 2019 by JackThompson

[EbhB]

Got this from a very knowledgeable long-time contact dealing with lots of BOIs and tech:

 

"A BoI visa can sometimes be sought from Thailand but you need to ask the experts. If you get tourist visa, you must leave the country to seek the WP (Hong Kong is best place), but there is new 4 year visa without requirement for WP under the new visa laws (for specialist professionals under the Thailand 4.0 initiative. A programmer can get such visa."

 

So it seems it hangs on that sometimes then... Which is what I will discuss with the BOI tomorrow on Monday, then we get a go-ahead or not on Tuesday - and will get to that sometimes...

 

I guess my field of expertise is not too hard to get passed, 30+ years in media tech, around 20 with coding & webdev, and then around 10 years on a specific system on top.

 

Thanks for all the replies, really helpful when preparing for a few days that will likely be very hectic & full of important decisions done in expedient ways! ????

 

 

 

[EbhB]

Just a tiny update, in case someone comes across this thread later:

 

It seems that some BOIs can get an expedited WP "waiver" going for one off projects. This is what some people have hinted at I suppose, and the BOI can also convert this to a standard WP with business visa for the employee. For the conversion I guess applying from outside of Thailand is necessary

 

My "project-based WP" or whatever its called seems to be in the works, and I expect to use that paperwork to convert when doing a short trip back to Europe!