Workpermit And Non Immigrant B

[monty]

As received today by me from the Australian Chamber of Commerce

NEW IMMIGRATION REGULATIONS

There has been an important change to the supporting documents required to extend Non-Immigrant Visas Category 'B'.

With effect from Friday, 4 May 07 Thai Immigration requires all applications for the extension of a non-immigrant visas category 'B' (the visa which supports the retention of a Thai work permit) to be supported by the following documentation:

. A photocopy of the employing company's Affidavit and Shareholders' List certified as a true copy of the original by the Ministry of Commerce.

. A photocopy of the employing company's most recent Annual Financial Statements certified as a true copy of the original by the auditor who audited it.

. A photocopy of the employing company's most recent Personal Income Tax Return (PND1) with the Revenue Department's receipt plus a photocopy of the applicant's most recent Annual Personal Income Tax Return (PND91) (if they have one) certifi! ed as a tr ue copy of the original by the Revenue Department.

. A photocopy of the employing company's most recent Social Security Fund monthly return certified as a true copy of the original by the Social Security Fund Office.

Photographic evidence is now required to support the Initial Application to extend a Non-Immigrant Visa Category 'B'.

With effect from Wednesday, 16 May 07, Thai Immigration requires the first application to extend a non-immigrant visa category 'B' to be supported by photographs of every employee in the employing company and each photograph is to be taken showing the employee at their place of work (e.g. sitting at their desk or working at their piece of machinery or sitting behind the steering wheel of the company vehicle, etc.).

Sources have told us that if a company has many Thai employees then the application should be supported by photographs of several of the employees as long as the number exceeds the mi! nimum requ irement of four Thai employees to match each foreign employee. However, the reason the photographs are required is to enable an Immigration inspection team to match the photographs against the actual employees and their workplace if they pay a surprise visit.

The Immigration Bureau has warned that it is now a policy of theirs to conduct surprise visits to newly registered companies that employ expatriates who require work permits.

The aim of the inspections by the Thai Immigration Department would appear to be to determine whether the information supplied by companies employing expatriates is correct insofar as:-

a. Capitalisation;

b. Business activity and nature;

c. Location of business;

d. Number of Thais employed as a ratio to expatriates; and,

e. Existence of Thai employees.

We have been informed that all new companies registered that employ expatriates may be subject to a visit by the Immigratio! n Departme nt. To avoid breaching the legislation with respect to work permits and visas, companies are advised to adhere as a minimum to the following:-

a. Fully paid up registered share capital. Baht 2 million per work permit for non-BOI companies;

b. Employ FOUR (4) Thais to every expatriate and those Thais must be current employees of the company, be paid a salary and have written contracts to support their employment for non-BOI companies;

c. Business operated by the company should comply to the objects in the Articles of Association; and,

d. The place of business should have the appearance of a proper place of business even if it is operated from an expatriate's place of residence.

The Immigration Bureau has also issued a warning to applicants, employing companies and appointed representatives of applicants for extension of non-immigrant visas.

If it is found that the information provided in supporting ! documentar y evidence is not correct then the applicant's visa will be cancelled and they will have to leave T hailand. As well, the principals of the employing company and the agency handling the application (if one is used) will be reported to the police for further action.

We recommend that if you have any questions with regard to these new regulations that you consult a professional company specialising in immigration procedures.

We would like to thank Barry Petersen of Lang Suan House Co., Ltd. (tel. 02 652 2757) for contributing the above information on the new regulations.

Martin Kyle

Executive Director

AustCham Thailand

[Sunbelt Asia]

The biggest hassle is running around to MOC, Revenue Dept, Social Fund Office and the auditor of the company getting the photocopy certified it is a true copy.

This all came about because someone changed the numbers on the audit and social fund employees. Thai Immigration wants to make sure its more harder for another person to pull that stunt.

www.sunbeltasiagroup.com

[kratindaeng]

Ouch! Looks like the shit just hit the fan! again.........

[monty]

Way I see it, they want to see any foreigner applying for extension based on employment, to actually physically work, for a company which has all it's paperwork with the I's dotted and the t's crossed...

Coincidently this extension was (past tense) the last possibility for an under 50, non married foreigner to reside in Thailand on a yearly extension , albeit at great cost in paying taxes and social security for employees not actually working...

[raro]

received the same thing yesterday by mail and reacted with skin rash and slight panic....

[ozymandious]

here's my question:

With regards to this section

With effect from Wednesday, 16 May 07, Thai Immigration requires the first application to extend a non-immigrant visa category 'B' to be supported by photographs of every employee in the employing company and each photograph is to be taken showing the employee at their place of work (e.g. sitting at their desk or working at their piece of machinery or sitting behind the steering wheel of the company vehicle, etc.).

Say you're a Farang working for a big multinational Cooperation.

Say I'm working for Pizza Hut or Caltex, are they going to want a picture of every waitress and petrol pumper?!?!

I wanna see the size of the where house where they're going to store all this crap.

Not to mention the forest that they're going to cut down for all the paper and photos.

Also I want to see the recycling program they'll have set up when they realize they've runn out of room and need to do something with this mountain of paper besides burn it.

Edited May 31, 2007 by ozymandious

[ozymandious]

Can Sunbelt comment on weather these regulations are for real or not?

Is it just hear say, proposed legislation, or if it's really on the books now?

[Sunbelt Asia]

Can Sunbelt comment on weather these regulations are for real or not?

Is it just hear say, proposed legislation, or if it's really on the books now?

On the books now.

www.sunbeltasiagroup.com

[ozymandious]

Can Sunbelt comment on weather these regulations are for real or not?

Is it just hear say, proposed legislation, or if it's really on the books now?

On the books now.

www.sunbeltasiagroup.com

Ouch...

Thank you Sun Belt Asia

I guess I'll be getting my camera out and start clicking away.

[mr_lob]

any guys running girlie bars in Pattaya - please forward me photos of your employees performing their duties for prior approval

[henkjan]

Can Sunbelt tell me,the same rules for non b for older than 65 year? and if so what can i do to stay in Thailand

[henkjan]

Way I see it, they want to see any foreigner applying for extension based on employment, to actually physically work, for a company which has all it's paperwork with the I's dotted and the t's crossed...

Coincidently this extension was (past tense) the last possibility for an under 50, non married foreigner to reside in Thailand on a yearly extension , albeit at great cost in paying taxes and social security for employees not actually working...

Monty, My non b was made by a company in holland,and expired in november.Is this new rule also for me?

I am nearly 67 and stay here for more than 7 years,i have no workpermit and live from my pension,45000a month. what is the posibillety for me?

thanks so far henkjan

[wolfmanjack]

Sunbelt,

I see the 2 million paid up capital on the list but not the requirement of have enough cash in the bank to cover expenses of hiring the expat for the following year. This was mentioned almost a year ago. Are they requiring that now also or did it fall by the wayside ?

[lopburi3]

Way I see it, they want to see any foreigner applying for extension based on employment, to actually physically work, for a company which has all it's paperwork with the I's dotted and the t's crossed...

Coincidently this extension was (past tense) the last possibility for an under 50, non married foreigner to reside in Thailand on a yearly extension , albeit at great cost in paying taxes and social security for employees not actually working...

Monty, My non b was made by a company in holland,and expired in november.Is this new rule also for me?

I am nearly 67 and stay here for more than 7 years,i have no workpermit and live from my pension,45000a month. what is the posibillety for me?

thanks so far henkjan

How are you staying here now? If you have a tourist visa entry you can convert that to non immigrant at immigration if you meet the requirements for retirement extension of stay which would be your pension (as notarized in a letter from your Embassy) plus the difference between that and the required 65,000 per month. So if you have a bank account with about 240,000 baht or more for the last three months you can apply for one year extensions of stay and continue this each year at the same 45k pension pluse 240k in bank for three months. The cost is 2,000 baht for conversion of visa and 1,900 baht for extension for one year. If you have 800k in the bank account you would not need the embassy letter.

If you have 800k in a bank account anywhere Singapore would most likely provide you with a multi entry non immigrant O visa - but that would require 90 day visa runs.

[DMasut]

SUGGESTIONS ON GETTING: Non-Immigrant Type "B" visa NOT FOR EMPLOYMENT BY A THAI COMPANY

Does anybody know what the requirements are to apply for the 1 Year non-immigrant Type "B" visa if you are not spending full year in Thailand, but extended stays of more than 90 days?

I am a Photojournalist (which causes its own problems getting visas) and I also do a significant amount of Import/Export of products from Thailand, China, Indonesia, Phillipines and Japan.

In the past I only needed a letter from my company, a letter from a prospective Thai company I want to do business with, photos, application, fees.

It seems like they are asking for much more.

But the Thai Consulate is not clear on providing me with what they really need.

Does anybody know what would make them happy so I can get on with it.

I usually go to Thailand for 60-120 days to work, dive, relax and get some trading done.

Applying for a 90 day tourist visa is a pain and now dangerous since there is no guarantee that I can et a 90 tourist visa renewed and re-enter "back to back".

SUGGESTIONS PLEASE!!!

[andy1308]

I think I am right in saying that you cannot technically work in the media on a Non-B. To be 100 per cent legal you need the M (Media) Visa which is extremly hard, although not impossible, to get. You would need lots of supporting documents if you choose that route, and the PR Department of the Thai Government is probably the best place to start.

[sceadugenga]

I take it that my visa, issued 26th March this year, stamped on entry 12th April admitting me until the 10th July 2007 can be renewed with out problem at any border crossing as per the visa run system? When it expires next year and I apply for a renewal, I use that term rather than extension, then the additional paper work mentioned by the OP will be required?

[ludosiam]

The cash requirements had been checked upon my non B extension last week. In addition to that the total equity of the company has to exceed 1.000.000 Baht now, this has been checked as well.

[wolfmanjack]

Can I assume that at this time as far as anyone knows this does not affect multiple entry "b" visas obtained in KL ?

[Sunbelt Asia]

Can Sunbelt tell me,the same rules for non b for older than 65 year? and if so what can i do to stay in Thailand

The rules are the same, no matter how old you are for the extension of stay based on business. We have an 80 year old employee who has the same visa obligations and work permit requirements as the 23 year old foreign employee. The only difference is the 80 year pays less tax even though they make the same salary.

Monty, My non b was made by a company in holland,and expired in november.Is this new rule also for me?

I am nearly 67 and stay here for more than 7 years,i have no workpermit and live from my pension,45000a month. what is the posibillety for me?

thanks so far henkjan

If you don't have a work permit, then you must have a one year multi entry visa or extension of stay based on retirement or marriage and these rules do not apply.

Sunbelt,

I see the 2 million paid up capital on the list but not the requirement of have enough cash in the bank to cover expenses of hiring the expat for the following year. This was mentioned almost a year ago. Are they requiring that now also or did it fall by the wayside ?

You still need to have more income in the prior year than the foreign employee’s salaries for the current year. In Pattaya, they require that is net income.

It seems like they are asking for much more.

But the Thai Consulate is not clear on providing me with what they really need.

Does anybody know what would make them happy so I can get on with it.

Depends on the Thai Consulate. They all have different requirements.

I take it that my visa, issued 26th March this year, stamped on entry 12th April admitting me until the 10th July 2007 can be renewed with out problem at any border crossing as per the visa run system? When it expires next year and I apply for a renewal, I use that term rather than extension, then the additional paper work mentioned by the OP will be required?

You are talking about a extension of stay permit based on business Not a multi entry visa which you have now. These rules do not apply.

Can I assume that at this time as far as anyone knows this does not affect multiple entry "b" visas obtained in KL ?

No it has not.

www.sunbeltasiagroup.com

[rb3]

Hello,

My 1 year Multiple NON B is expiring and I just read all the previous posts and have some concerns. All the documents needed are all valid and I still have WP that needs to be renewed every 3 months and is still valid. Here are the questions:

1. My company only has 1 employee, the expat so with this case will renewing the NON B be a problem since they wanted to see photographic evidence of other employees?? Will it be a problem having just 1 employee?

2. I have ALL the documents mentioned in the new regulations. Book keeping wise, we didnt make money last year, will they look at it as a problem?

3. The 2 mill capital are all not paid up front, will this be a problem?

4. Where should I go to get the new multiple Non B?

Please advice. Many thanks.

[Sunbelt Asia]

Hello,

My 1 year Multiple NON B is expiring and I just read all the previous posts and have some concerns. All the documents needed are all valid and I still have WP that needs to be renewed every 3 months and is still valid. Here are the questions:

1. My company only has 1 employee, the expat so with this case will renewing the NON B be a problem since they wanted to see photographic evidence of other employees?? Will it be a problem having just 1 employee?

2. I have ALL the documents mentioned in the new regulations. Book keeping wise, we didnt make money last year, will they look at it as a problem?

3. The 2 mill capital are all not paid up front, will this be a problem?

4. Where should I go to get the new multiple Non B?

Please advice. Many thanks.

The multiple entry visa des not have the same requirements as the extension of stay based on business so the anwer to your questions is its n/a.

With a wp go to KL for the best chance to get another visa.

www.sunbeltasiagroup.com

[animatic]

Hello,

My 1 year Multiple NON B is expiring and I just read all the previous posts and have some concerns. All the documents needed are all valid and I still have WP that needs to be renewed every 3 months and is still valid. Here are the questions:

1. My company only has 1 employee, the expat so with this case will renewing the NON B be a problem since they wanted to see photographic evidence of other employees?? Will it be a problem having just 1 employee?

2. I have ALL the documents mentioned in the new regulations.

Book keeping wise, we didnt make money last year, will they look at it as a problem?

3. The 2 mill capital are all not paid up front, will this be a problem?

4. Where should I go to get the new multiple Non B?

Please advice. Many thanks.

The multiple entry visa des not have the same requirements as the extension of stay based on business so the anwer to your questions is its n/a.

With a wp go to KL for the best chance to get another visa.

www.sunbeltasiagroup.com

Ok I am still building the place.

Workers on the land, some living there,

but they actually work for others.

So there is not chance of a 'workplace' per se,

other than occasional bandstand.

Or my other rental houses 20 km away.

The company address is registered at the law office

since there is no TESABAN provided address at the build site.

I have lots invested, but no 2 mil in the bank.

I have no employees, but I have a WP, new for this company,

I spent 2 years with another company,

just swapped the WP for my company.

I need my 3rd 1 year Non Im B visa.

I have a quite steady external income

and well over the neccesary regular income.

I haven't been worrying about paying my way,

Just being able to not get arrested for the

appearance of work sans papers.

All company papers for it are there,

I am told by the exec secretary,

but who can tell about the accounting things....

not mentioned...

Made no money last year, only spent money,

that i put in, for building.

I have tickets to Kuala Lumur for next week,

only to have someone say 'No DON'T GO THERE'

In no uncertain terms.

Gotta do the run by the 26th.

My lawyer just had a baby and is incomunicado till who knows when.

I saw this:

"With a wp go to KL for the best chance to get another visa."

Should I change this to Austrailia, or hope for the best???

I have a WP. but am not sure about the other papers.

And am sure nothing except an official taz accounting was done.

What to do what to do.

I I can get in for the wedding in July on a tourist visa,

but I want to just get this thing done with.

Worse still this all came up as I dropped smoking cigarettes 36 hours ago...

The last thing I need now is a radical change of just made travel plans

and a Butt Jones in parallel.

Edited June 16, 2007 by animatic

[Foggy Bottom]

SunBelt

Do you know if these requirements will be applied to WP / non-imm B holders where the employing company is an overseas company and based overseas, but the foreign employee is based in Thailand?

(Cynical aside - if so, are these regulations an excuse for Imm Officers to get government paid overseass trips?)

Gaz

[Sunbelt Asia]

I saw this:

"With a wp go to KL for the best chance to get another visa."

Should I change this to Austrailia, or hope for the best???

You should be able to get at least a 90 day visa in KL and it will be one year if you have three months of PND #1 and they like your case.

www.sunbeltasiagroup.com

[Sunbelt Asia]

Do you know if these requirements will be applied to WP / non-imm B holders where the employing company is an overseas company and based overseas, but the foreign employee is based in Thailand?

yes

www.sunbeltasiagroup.com

[lastparadisephuket]

Just been down to KL with all the neccesary paperwork as advised.

Just to let you know they handed back the photo's of the employees with raised eyebrows and "why would we want these" remark.

They are not aware of any requirement other than those for the actual place of work.

Just another note they are far more effiecient and helpful there than in any time in the past 5 years that I have been going there.

[shadiadi]

Non-Immigrant B extension.

I have had a company in Phuket for one year now, my visa is expiring next week the immigration here are refusing to renew my visa for one year on the grounds that in the first year my balance sheets do not show a profit yet. Even though I employ 18 Thai people pay the correct taxes every month and have 3 branches of my company. Apparently if I had a positive balance sheet they would renew it without a problem. Seems a bit harsh to expect a business to show a profit in the first year.

So I now have the problem I need to know exactly what documentation i need I have a valid work permit annual financials.

Can anyone tell me where should I go to Penang or Kuala Lumpur?

[Sunbelt Asia]

So I now have the problem I need to know exactly what documentation i need I have a valid work permit annual financials.

Can anyone tell me where should I go to Penang or Kuala Lumpur?

The updated Company affidavit, Shareholders list, company objectives, last three months of the PND #1 filed for you, annual audit, work permit, invite letter from the company.

All paperwork must be signed and stamped by the company director. Recent reports are Penang is more liberal these days.

www.sunbeltasiagroup.com

[maxx]

i have a multiple non B, i don't have work permit, i do not work in Thailand, my duty is to bring job into thailand and let the thai employee work on it, after completion i take it back out of Thailand, my visa is almost run out, can i extended for another year within Thailand or do i have to go out and apply for another one outside of Thailand.