Company BOI status cancelled

[chrisaut]

Hi,

 

I'm currently on a 2 year extension of stay due to working for a BOI company (valid until Jun. 2021, just renewed for another 2 years this June).

 

I've just been informed that the company does no longer qualify for BOI status, will thus loose BOI privileges. They've tried for months now to get re certified but it seems it just won't happen due to some unfortunate timings.

The company does not currently fullfill the requirements I always hear about with the 4 Thai to 1 foreigners ratio for non BOI.

 

Does anyone know what will happen here....do I/we (other foreigners) have to resign from the company, with that cancel our WP/visas and try to apply for a new one under non BOI status?

Or does the status change only apply for hiring new foreigners...do our WP/visas stay valid until they "naturally" expire? The person at the company I talked to is under the impression that we would "loose" our WP/visas. For now we are just waiting for an official BOI letter, but I don't know.

 

Could I just get a Tourist Visa from an embassy somewhere and come back (to either look for new job or try to apply again for non BOI WP with this company), or does that look very suspicious if I come back soon on TV having lived and worked here for 5 years+? Will they let me back in or will they just think I come to work here now under a tourist visa?

 

Thanks for any help, we are all bit freaking out here.

 

[ubonjoe]

The company no longer being a BOI registered company should have no effect on your extension and work permit. They are only tied to you working for the company not its status as a BOI company.

[chrisaut]

19 minutes ago, ubonjoe said:

The company no longer being a BOI registered company should have no effect on your extension and work permit. They are only tied to you working for the company not its status as a BOI company.

Really?...that would of course be the best possible outcome. Does that mean the only change is we can no longer use the One stop service center? (For things like the 80 day report)...although I guess the only thing they check if your extension is from them, so maybe even that we can continue to use.

 

That's a glimmer of hope, so would you recommend we (the foreigners in the company) just do .... nothing, carry on as usual?

 

Again, thanks

 

 

[Sydebolle]

There might be a change of your work permit status as your employer will undergo a structural change - as far as the Ministry of Commerce is concerned.
To what extend, if any, this will affect you ......... get it from the horse's mouth, i.e. from the BOI directly or professional advice by a solid law firm in Bangkok. 

There is a reason, why there are hardly any regional offices in Thailand as this 4 Thais per 1 Alien is an antiquated relict. Despite the availability of international schools and relatively cheap costs of living (compared to Singapore or Hong Kong) Thailand is losing out big time on the rest! 

[Monomial]

As long as the company does not terminate your employment, your visa and work permit will continue to be valid. It does not matter if your company loses BOI privileges.  That has nothing to do with your immigration status and employment status.

 

However, when it comes time to renew your work permit, you will need to do so under the standard rules, including minimum salary requirements and having 4 Thai employees per 1 foreigner. So you don't need to do anything in the immediate term, but on a 12 month timescale some of the foreign employees will likely be unable to renew.