Confused. What do I need?

[DOCO]

Hi All,

 

Apologies if this query has been posted previously, I could not find an exact match with the information I need.

My situation is that I work for a multi-national organisation. I'm based in the Sydney office but wanting to work in the Bangkok office for a period of 12 months whilst my Thai partner attends to a few things. My manager has given me the green light to do this but I need confirmation on what sort of visa/permit I require.  I will remain Sydney office staff, employed by the Sydney office and paid by the Sydney office into my Australian bank account but will work in the Bangkok office exclusively for Sydney.  i.e, i'm just changing desks ????. Can anyone clarify what I require? I would be grateful.  

 

Cheers

[BritTim]

It would be easier if you were working for an Aussie company that did not have a Bangkok office. You could then work remotely on tourist visas, with no need for any special visa.

 

As it is, your Bangkok office will need to prepare the documents necessary to apply for a Non B visa, and subsequently complete the work permit application and extension of stay based on working.

 

The general requirements to apply for the Non B visa are described at http://www.mfa.go.th/main/en/services/4908/15388-Non-Immigrant-Visa-"B"-(for-Business-and.html (see Section 2.1). However, you should expect minor variation at the Thai consulate where you lodge the application. 

[ubonjoe]

Is the office here registered as a company?

If it was registered as one of the following it would reduce the number of employees needed for you to get a one year extension to one.

(a) International trade business (representative office)
(b) Regional office
(c) Overseas company (branch office)

Source: https://www.immigration.go.th/content/service_1

[DOCO]

Hi.

The Bangkok office is an Ltd. As far as I'm aware it does not fall into any of the list below.

Is the office here registered as a company?
If it was registered as one of the following it would reduce the number of employees needed for you to get a one year extension to one.
(a) International trade business (representative office)
(b) Regional office
© Overseas company (branch office)
Source: https://www.immigration.go.th/content/service_1

Sent from my CLT-L29 using Thailand Forum - Thaivisa mobile app

[HampiK]

Would he even be able to obtain a work permit, as he would not receive money from Thai or inside Thai. And his work would also not Thai related. This seems for me that an expert needs to answer or maybe you even have to ask Immigration or some office who really can give you the answer you need.

[Leaver]

Google, "APEC Card." 

 

It may solve all your problems.

[ubonjoe]

3 hours ago, DOCO said:

The Bangkok office is an Ltd. As far as I'm aware it does not fall into any of the list below.

In that case the company would have to have 4 Thai employees to get a work permit and you would have to be getting paid at least 50k baht here and paying taxes and etc to get a one year extension.

You would have to check with the consulate in Sydney about getting a one multiple entry non-b visa to avoid the 50 baht income requirement needed to get a one year extension.

To get a work permit 4 Thai employees would still be needed. 

[ubonjoe]

18 minutes ago, Leaver said:

Google, "APEC Card." 

It may solve all your problems.

That would not work since he will not be making trips to here to conduct business. He will be working here in an office.

[Leaver]

1 minute ago, ubonjoe said:

That would not work since he will not be making trips to here to conduct business. He will be working here in an office.

I'm sure he could make "a trip" every 3 months, to save all the grief and expense any other method would cause.  

 

Haven't heard of any denial of entry for anyone producing an APEC Card yet.

 

I just put it forward as an option, that's all.   

[ubonjoe]

8 minutes ago, Leaver said:

I'm sure he could make "a trip" every 3 months, to save all the grief and expense any other method would cause.  

 

But he would not be able to get work permit with a APEC card to legally work here. It is only for meetings and etc.

[Leaver]

2 minutes ago, ubonjoe said:

But he would not be able to get work permit with a APEC card to legally work here. It is only for meetings and etc.

That's a grey area, isn't it?

 

It allows 3 months in Thailand, per entry.

 

How many "meetings" and "conferences" go for 3 months?

[emptypockets]

I've been going to 'business meetings' in Myanmar for 5 years!! Probably had 10 meetings in five years.

Letter of invitation from employer for a 70 day business visa. Paid in Australia by Australian registered company.

Obviously different to Thailand but there may be some flexibility.

[helloagain]

Ask your gf to go have a chat with immagration not difficult. To much disinformation here sometimes. 

[LivinLOS]

12 hours ago, Leaver said:

That's a grey area, isn't it?

 

It allows 3 months in Thailand, per entry.

 

How many "meetings" and "conferences" go for 3 months?

The issue of work permit isnt a grey area.. 

Your (purposefully ??) confusing labour law with immigration law. 

[BigT73]

20 hours ago, DOCO said:

whilst my Thai partner 

if your married you can get a 1yr multi entry NON O visa,  I am not sure if this would be easier to get a wp? 

[Satcommlee]

Not really enough info...

It may be easier to get legal staus if your company has BOI privileges.

If you are in Thailand for 12 months then you are resident in Thailand for tax purposes.

 

Personally, I would try and do it under the radar but there are risks associated with that.

[scorecard]

14 hours ago, HampiK said:

Would he even be able to obtain a work permit, as he would not receive money from Thai or inside Thai. And his work would also not Thai related. This seems for me that an expert needs to answer or maybe you even have to ask Immigration or some office who really can give you the answer you need.

 Further on that subject, just to be clear OP you should know that:

 

- You need a work permit (this is issued by the Labour ministry it's s small blue book which says you are officially permitted to work in Thailand, normally issued in 1 year blocks. But it's not a visa. 

 

- You also need a visa which is ultimately aligned to holding a work permit (this is immigration stuff, and in reality the visa is just permission to physically be in Thailand from date to date (usually in 1 year blocks, but it's not permission to work.)

 

In reality gaining the work permit book gives you the circumstances / main document needed to apply for a specific 1 year visa. 

[BritTim]

16 hours ago, HampiK said:

Would he even be able to obtain a work permit, as he would not receive money from Thai or inside Thai. And his work would also not Thai related. This seems for me that an expert needs to answer or maybe you even have to ask Immigration or some office who really can give you the answer you need.

There is no salary requirement in Thailand for the work permit, only for the one-year extension of stay. There may be alternatives to the extension if it is decided not to arrange a 50K/month salary paid in Thailand.

[Leaver]

On 7/4/2019 at 12:51 PM, LivinLOS said:

The issue of work permit isnt a grey area.. 

Your (purposefully ??) confusing labour law with immigration law. 

I am not Australian.  So I can not get an APEC Card.  I have an Australian friend with an APEC Card.  He has basically been living in Thialand on it.  Not sure exactly how, but the APEC Card is all he uses.  He leaves Thailand every 3 months, but come back, no questions asked by immigration.  He has a businesses in Australia.  I guess he claims that as part of doing that business, he has to travel to Thailand.  

 

So I thinking an APEC Card is pretty close to an Elite Visa card, if you can get one.     

[LivinLOS]

23 hours ago, Leaver said:

So I thinking an APEC Card is pretty close to an Elite Visa card, if you can get one.     

Used to be 15ish k from the boiler room boys on soi 4.. HK expat version for the non Aussies..

The point you are missing is.. Having an APEC card doesnt change the need to have a work permit.. Your not attending a meeting or MICE / convention or similar.. 

[Leaver]

59 minutes ago, LivinLOS said:

Used to be 15ish k from the boiler room boys on soi 4.. HK expat version for the non Aussies..

The point you are missing is.. Having an APEC card doesnt change the need to have a work permit.. Your not attending a meeting or MICE / convention or similar.. 

The point you are missing is, he can basically 'live" here on an APEC Card, and roll up to "work" for constant "meetings" and "conferences."

 

Remember, the APEC Card is for people coming to Thailand for "business" and "business" has a broad definition under the the APEC Card rules.