Non-immigrant B visa application: is my situation normal?

[shilohcampbell]

I'm in the process of being hired by a Thai company. I've been following their lead for the whole visa process so far but I'm confused about the papers they've sent me for my visa application.

 

The papers they've sent me say I'd be hired for a 1 year contract as a supervisor, but the job offer said the contract would be for a non-supervisor position for 3 months. When I asked, they said that their status as a BOI company means they can't hire overseas people unless it's a supervisor position for a 1 year contract. They said my contract would still be as we agreed, non-supervisor for 3 months, and the supervisor-1 year thing is just for the application.

 

Also, they haven't sent me an employment contract or anything like that. When I asked for a copy, it was ignored. Admittedly, I was asking other questions in the email so maybe they missed it. I've sent another email asking for a copy, but I find it strange that they've sent me visa papers before they send any formal contract or some signed document stating my role/salary/benefits etc. We've been emailing back and forth for about 3 weeks.

 

Anyway, is this normal? Would this put me in some weird legal situation? It sounds from their email that as a BOI company it's not technically legal for them to hire me for the job I would actually be performing. And I'm worried about my paperwork not matching up, since my contract would be different from my application, and my work permit might not match one of those.

 

I've never done anything more than a tourist visa stamp at the airport so any insight would be appreciated.

 

[NanLaew]

I was wondering why any Thai company with BOI privileges would be flouting Thai labour laws with regard to the eligibility of foreign employees.

 

Then I remembered where I was.

[problemfarang]

Well i dont think its normal. First of all you cannot get any visa or WP without a contract. I believe from your post that your still in your country and get your non-b from the thai embassy. The first thing they will ask you is your contract. second your papers from the work, third your criminal background check.

 

After you come here to thailand you kind of must do the same paper work at the immigration to extend your non-b. And again no contract no nothing.

 

PS: just remembered, there is a interesting situation. Its like the company writes a promise letter which is telling that they will hire you and sign a contract right after your arrival to thailand. Most embassies accept that as a contract and give your 3 month non-b but they write on your visa that you have to get your contract as soon as possible for the extension of stay. I dont know your paper work but it sounds like this kinda situation. Ask them. You can also use this promise letter to open a savings bank account with ATM card. Normally you need work permit to open an account. But this letter also ok.

 

you dont need to worry about your working position. This is thailand... today they will tell you do this, tomorrow that. Its not that serious. In my contract im the manager but if you look at reality i do almost everything in the company. 

 

BUT, it is important how much you thrust this company. Will they ask you to sign papers in thai for the work or for the company? if yes, you need to make clear your position on the paper. They might get you sign some kind of paper which will put you in some bad situation. it happens.

[shilohcampbell]

7 hours ago, problemfarang said:

Well i dont think its normal. First of all you cannot get any visa or WP without a contract. I believe from your post that your still in your country and get your non-b from the thai embassy. The first thing they will ask you is your contract. second your papers from the work, third your criminal background check.

 

After you come here to thailand you kind of must do the same paper work at the immigration to extend your non-b. And again no contract no nothing.

 

PS: just remembered, there is a interesting situation. Its like the company writes a promise letter which is telling that they will hire you and sign a contract right after your arrival to thailand. Most embassies accept that as a contract and give your 3 month non-b but they write on your visa that you have to get your contract as soon as possible for the extension of stay. I dont know your paper work but it sounds like this kinda situation. Ask them. You can also use this promise letter to open a savings bank account with ATM card. Normally you need work permit to open an account. But this letter also ok.

 

you dont need to worry about your working position. This is thailand... today they will tell you do this, tomorrow that. Its not that serious. In my contract im the manager but if you look at reality i do almost everything in the company. 

 

BUT, it is important how much you thrust this company. Will they ask you to sign papers in thai for the work or for the company? if yes, you need to make clear your position on the paper. They might get you sign some kind of paper which will put you in some bad situation. it happens.

Yes, I'm in my own country still, and the papers had a promise letter instead of a contract. That was the paper that said they would give me a 1 year contract.

 

I do trust the company somewhat (they have a good reputation online and the skype name they used when we talked matches their website) but I'm not comfortable flying across the globe on just a promise that things will be the same as they emailed, especially when I can't speak or read Thai. I suppose it will come down to if they ever send me a contract.

 

Thank you for your advice.

[ubonjoe]

I don't think they will be sending you the contract. It will not be done until you get here so you can sign it.

Many people only get a invitation letter and the other supporting documents needed to apply for a non-b visa.

 

[problemfarang]

I agree with Ubon, they wont send you any contract but an invitation letter which is almost the same as contract. If i were you, i would come and work. I believe no worries. Sounds like a standard procedure.