New 'interpretations'?

[Huw]

Not sure if this is news or not.

I just bought a company to trade in Thailand. In the past, a Work Permit for a business owner like me could be issued to a holder of a retirement visa (also like me). Apparently this has changed (within the past 2 weeks), so that I must now change to a Non-immigrant Type B, with a 12 month extension, but I have to do a visa run every 3 months.

I am told this is because the (new) company has no significant revenue going through it, but I am not sure what else could be expected given that I just bought it to start trading. Seems like a Catch-22 almost...

I am not sure if this is a problem or not but the general opinion among farang here is that it does seem Thailand is becoming very unfriendly towards foreigners, though I am completely befuddled as to why the Thais should want to do this, given the state of the economy right now. Perhaps I should be looking for a return home rather than starting a business here...?

Any thoughts or advice out there?

H

[lopburi3]

Work on a retirement extension of stay was generally not allowed. Only within the last year were there some reported exceptions. Now that seems to have been closed.

If you have a non Immigrant B visa and a 12 month extension of stay you do not have to make 90 day border runs.

But you will not be able to obtain a 12 month extension of stay so the best you can do for the first year is obtain a multi entry non immigrant B visa (Penang now issues) and you will have to make 90 day border runs and re-activate the work permit on return.

Later you should be able to obtain the 12 month extensions if the company is profitable.

[JR Texas]

Work on a retirement extension of stay was generally not allowed. Only within the last year were there some reported exceptions. Now that seems to have been closed.

If you have a non Immigrant B visa and a 12 month extension of stay you do not have to make 90 day border runs.

But you will not be able to obtain a 12 month extension of stay so the best you can do for the first year is obtain a multi entry non immigrant B visa (Penang now issues) and you will have to make 90 day border runs and re-activate the work permit on return.

Later you should be able to obtain the 12 month extensions if the company is profitable.

JR Texas: People don't want me to say it, but Thailand is a rapidly sinking ship......the visa/business rules are nuts and linked to xenophobia. I, for one, am not going to risk losing my capital in Thailand I (strongly thinking about Cambodia or Vietnam) and the govt. apparently does not want me to even try to develop a thriving business that might hire Thais and make life better. There is only one explanation: xenophobic nuts are running the show. I am sick of it.

[Huw]

Work on a retirement extension of stay was generally not allowed. Only within the last year were there some reported exceptions. Now that seems to have been closed.

If you have a non Immigrant B visa and a 12 month extension of stay you do not have to make 90 day border runs.

But you will not be able to obtain a 12 month extension of stay so the best you can do for the first year is obtain a multi entry non immigrant B visa (Penang now issues) and you will have to make 90 day border runs and re-activate the work permit on return.

Later you should be able to obtain the 12 month extensions if the company is profitable.

JR Texas: People don't want me to say it, but Thailand is a rapidly sinking ship......the visa/business rules are nuts and linked to xenophobia. I, for one, am not going to risk losing my capital in Thailand I (strongly thinking about Cambodia or Vietnam) and the govt. apparently does not want me to even try to develop a thriving business that might hire Thais and make life better. There is only one explanation: xenophobic nuts are running the show. I am sick of it.

Firstly, thanks Lopburi for the info. The solicitors (Sunbelt) are organising the visa, they say 12m multiple entry and visa runs every 3 months (not sure I understand that but hey). 2 lawyers have now told me that WP were possible on retirement visas, though I understand it is not widely known (may be laxness over the past year as you suggest).

As to JR, yes, I agree that Thailand appears top be very anti-foreigner at the moment. Beats me why with the economy the way it is, surely they should be welcoming anyone with money or work ethic? I have noticed a distinct cooling of Thais generally to foreigners. Service is even worse, rip-offs are even worse, there seems to be generally more contempt. Thais behave in a way that suggests they believe they are superior to farang. Odd really, since they seem to do everything in a sloppy and half-assed way. Same way they do airports, though they never see it as actually making a mistake - blame it on the foreign advisors and not the corrupt and incompetent Thais. [rant mode off]

I have some condos to sell then the money is bound for USD in Singers. That way staying here is optional, company or no company. I think I will feel more secure without the ropes that bind.

Cheers

H

[Sunbelt Asia]

Firstly, thanks Lopburi for the info. The solicitors (Sunbelt) are organising the visa, they say 12m multiple entry and visa runs every 3 months (not sure I understand that but hey). 2 lawyers have now told me that WP were possible on retirement visas, though I understand it is not widely known (may be laxness over the past year as you suggest).

In order to get a extension of stay based on business, you must meet many criteria. One is an annual audit showing your company had gross income higher than your foreign salaries. Your company that you just set up, does not meet that criteria. Its 90 day visa runs with a work permit until you qualify.

As for work permits with retirement extension of stays. We were one of the first that was able to get that done for clients. This however has changed in the past two weeks and is no longer allowed.

If anyone is noticing, the goalposts have changed in the past 15 days. Not as much fanfare as Oct 1st but for some new applicants, its big news they do not qualify.

www.sunbeltasiagroup.com

[midas]

I have noticed a distinct cooling of Thais generally to foreigners. Service is even worse, rip-offs are even worse, there seems to be generally more contempt. Thais behave in a way that suggests they believe they are superior to farang.

Yes I for another have noticed a slow change in attitude - a quiet resentment almost

[beechguy]

Firstly, thanks Lopburi for the info. The solicitors (Sunbelt) are organising the visa, they say 12m multiple entry and visa runs every 3 months (not sure I understand that but hey). 2 lawyers have now told me that WP were possible on retirement visas, though I understand it is not widely known (may be laxness over the past year as you suggest).

In order to get a extension of stay based on business, you must meet many criteria. One is an annual audit showing your company had gross income higher than your foreign salaries. Your company that you just set up, does not meet that criteria. Its 90 day visa runs with a work permit until you qualify.

As for work permits with retirement extension of stays. We were one of the first that was able to get that done for clients. This however has changed in the past two weeks and is no longer allowed.

If anyone is noticing, the goalposts have changed in the past 15 days. Not as much fanfare as Oct 1st but for some new applicants, its big news they do not qualify.

www.sunbeltasiagroup.com

Could you give a brief explanation of these recent changes?

Thanks

[g00dgirl]

Sunbelt, if a foreigner had a 1 yr Non-Immigrant B visa, but is only the investor in a Thai partnership, not actively performing any management or other work because the Thai partner, contractors and the (10+) Thai employees are doing all the work, can the person get a second 1 yr Non-Immigrant B visa, or would it be declined because he did not get a work permit during his first year?

In this case since it's a new company a 1yr extention is not possible, and the foreigner is travelleling overseas for business quite frequently that even if he wanted to get a work permit to do be able to help with some tasks training staff or consulting for his own business partnership, (and if he wanted to pay income tax to show some goodwill to Thailand) it would not be practical due to having to spend too much time going to gov offices and renewing workpermits after every flight out and back into the country.