Work Permit - cancel or keep it?

[Dan Jones]

I own an operating company here in Thailand and hold a work permit as a director. I used to have a Non-B Visa until recently but the visa expired and I could no longer apply for a new Non-B as I couldn't go out of the country (I used to apply for a 1-year multiple entry Non-B visa every year in a Thai Embassy abroad) so I had to switch my visa to the Covid extension of stay. Now on my 3rd extension.
Our company did not have the 4 Thai employees needed for me to apply for a Non-B extension inside the country as there is another foreign owner.

My Work Permit is due to expire in about one month and my question is:
Do I need to cancel the Work Permit within the next month or is there any way I can keep it (renew it or just keep it expired) as I plan to apply for a new Non-B Visa in the near future when the borders are fully open?

Appreciate any valuable input.
Thank you kindly
 

[Misty]

5 hours ago, Dan Jones said:

I own an operating company here in Thailand and hold a work permit as a director. I used to have a Non-B Visa until recently but the visa expired and I could no longer apply for a new Non-B as I couldn't go out of the country (I used to apply for a 1-year multiple entry Non-B visa every year in a Thai Embassy abroad) so I had to switch my visa to the Covid extension of stay. Now on my 3rd extension.
Our company did not have the 4 Thai employees needed for me to apply for a Non-B extension inside the country as there is another foreign owner.

My Work Permit is due to expire in about one month and my question is:
Do I need to cancel the Work Permit within the next month or is there any way I can keep it (renew it or just keep it expired) as I plan to apply for a new Non-B Visa in the near future when the borders are fully open?

Appreciate any valuable input.

To perform the duties of a director, do you need to have a work permit?  I remember there were changes made a couple of years back that I thought had eliminated the need for directors to have work permits.

 

I'm just asking in case this could help, I'm no lawyer and would defer to someone else here with more specific knowledge.

[Thalueng]

You cannot renew the work permit or apply for one if you do not comply with the basic requirements for a work permit (4 Thai employees per foreigner). Visa is a different thing all together.

[Misty]

2 minutes ago, Thalueng said:

You cannot renew the work permit or apply for one if you do not comply with the basic requirements for a work permit (4 Thai employees per foreigner). Visa is a different thing all together.

Yes, I've heard that too.  Although I've also heard the employee rule only applies to Non B visa extensions, and the Labour Dept doesn't have this requirement for work permits.

 

In this case, I hope the OP comes back and explains how he had a work permit since he did not have 4 Thai employees per foreigner.

 

 

[Dan Jones]

4 hours ago, Misty said:

Yes, I've heard that too.  Although I've also heard the employee rule only applies to Non B visa extensions, and the Labour Dept doesn't have this requirement for work permits.

 

In this case, I hope the OP comes back and explains how he had a work permit since he did not have 4 Thai employees per foreigner.

 

 

Yes, that is correct, in order to apply for the Work Permit we were not required to have 4 Thai employees per foreigner. That is only a requirement if I wanted to extend my non-B visa inside the country. As I was always in and out of Thailand and applying for a new 1 year multiple-entry Non-B visa abroad, the employees were never an issue.

 

My question is in regards to my expiring Work Permit, is there a law that says it has to be cancelled or there is a way to keep it expired or renew without a Non-B visa or renew it once I have a new Non-B visa?

[Misty]

19 hours ago, Dan Jones said:

Yes, that is correct, in order to apply for the Work Permit we were not required to have 4 Thai employees per foreigner. That is only a requirement if I wanted to extend my non-B visa inside the country. As I was always in and out of Thailand and applying for a new 1 year multiple-entry Non-B visa abroad, the employees were never an issue.

 

My question is in regards to my expiring Work Permit, is there a law that says it has to be cancelled or there is a way to keep it expired or renew without a Non-B visa or renew it once I have a new Non-B visa?

Wish I could help on your question, but I think it may best be directed at a law firm.   If you do get a clear answer, much appreciated if you post back.

[natway09]

You can still be a non working Director without a WP.

I would surrender it for ease of future requirements