German To Be Deported Over No Work Permit

[thaigerd]

German to be deported over no work permit

PHUKET CITY: German architect Frank Witzel is awaiting deportation following his arrest on June 22 by Immigration officials. He was arrested for working without a work permit while on a building site in Patong, and for performing work prohibited to foreigners.

Witzel pleaded guilty to the charges in court in February. He was fined 1,000 baht and handed down a one-month jail sentence, which was suspended for two years.

Witzel explained to the Gazette that the events that led to his deportation began with his company, Modern Architecture & Design, and its Patong View Talay project on the Patong hillside.

The project, built on land that Witzel owned on the hill opposite the Esso gas station on Phra Barami Rd, will consist of 14 apartments priced from 4.2 million to 18.6 million baht each.

Witzel, 52, had designed the project, but when it came time to renew his work permit at the beginning of the year, he ran into problems. He first tried to go to the Phuket Provincial Labor Office to renew the permit, he said, but it was closed due to a holiday.

He said that when he returned, he was told that the work permit had expired on the holiday that the office was closed and was told that he would have to apply for a new permit.

He relayed the information to his staff, who failed to submit the application.

On February 3, he was called out to the work site by his development partner to answer questions about where pipes should be laid. At first Witzel declined since he had no work permit, he said, but his partner assured him it would be a fast job, and he drove out to the construction site.

Once there, he pointed out where the pipes should be laid, but suddenly found himself confronted by Immigration officers who had driven out to the site to do a “spot inspection”. Unable to produce his work permit, Witzel was taken to the Immigration Office in Phuket City and charged with working without a permit.

He was also charged with performing work prohibited to foreigners – specifically, working as an engineer and architect.

Witzel faced a penalty of a 2,000-baht fine and two months in jail, but when he pleaded guilty, his penalty was reduced to 1,000 baht and one month in jail.

Since he had no criminal record his month in jail was suspended for two years, so he paid the fine and was released. He thought that would be the end of it, he said, but he was unclear about the rest of the legal ruling, Witzel said.

However, he still had to deal with Immigration regulations that state that any foreigner convicted of a crime is subject to deportation. According to the Immigration Act, B.E. 2522, Section 12, any foreigner who violates Ministerial regulations can be prevented from entering the Kingdom after being deported.

Witzel said he was never made aware of those regulations and was surprised when he was arrested again June 22, thrown in the Immigration detention facility and told that he would have to remain outside the country for at least two years.

His lawyers – and he has gone through three lawyers so far – have been in negotiations with Immigration officials to try to reduce his time out of the country, and Witzel has been told that he may be barred from entering Thailand ever again if the Immigration officials in Bangkok deem it so.

In the meantime, Witzel, who had a heart attack and bypass operation in Germany last year, was transferred out of the Immigration jail after spending six days in custody and into Mission Hospital, and finally released again on bond, awaiting deportation.

Witzel’s German business partner has bought out most of his interest in the Patong project and his architecture firm. Witzel said he is afraid he stands to lose a large investment if he is forced to stay out of Thailand.

From PHUKET GAZETTE online edition

[BKKDUDE]

German to be deported over no work permit

PHUKET CITY: German architect Frank Witzel is awaiting deportation following his arrest on June 22 by Immigration officials. He was arrested for working without a work permit while on a building site in Patong, and for performing work prohibited to foreigners.

Witzel pleaded guilty to the charges in court in February. He was fined 1,000 baht and handed down a one-month jail sentence, which was suspended for two years.

Witzel explained to the Gazette that the events that led to his deportation began with his company, Modern Architecture & Design, and its Patong View Talay project on the Patong hillside.

The project, built on land that Witzel owned on the hill opposite the Esso gas station on Phra Barami Rd, will consist of 14 apartments priced from 4.2 million to 18.6 million baht each.

Witzel, 52, had designed the project, but when it came time to renew his work permit at the beginning of the year, he ran into problems. He first tried to go to the Phuket Provincial Labor Office to renew the permit, he said, but it was closed due to a holiday.

He said that when he returned, he was told that the work permit had expired on the holiday that the office was closed and was told that he would have to apply for a new permit.

He relayed the information to his staff, who failed to submit the application.

On February 3, he was called out to the work site by his development partner to answer questions about where pipes should be laid. At first Witzel declined since he had no work permit, he said, but his partner assured him it would be a fast job, and he drove out to the construction site.

Once there, he pointed out where the pipes should be laid, but suddenly found himself confronted by Immigration officers who had driven out to the site to do a “spot inspection”. Unable to produce his work permit, Witzel was taken to the Immigration Office in Phuket City and charged with working without a permit.

He was also charged with performing work prohibited to foreigners – specifically, working as an engineer and architect.

Witzel faced a penalty of a 2,000-baht fine and two months in jail, but when he pleaded guilty, his penalty was reduced to 1,000 baht and one month in jail.

Since he had no criminal record his month in jail was suspended for two years, so he paid the fine and was released. He thought that would be the end of it, he said, but he was unclear about the rest of the legal ruling, Witzel said.

However, he still had to deal with Immigration regulations that state that any foreigner convicted of a crime is subject to deportation. According to the Immigration Act, B.E. 2522, Section 12, any foreigner who violates Ministerial regulations can be prevented from entering the Kingdom after being deported.

Witzel said he was never made aware of those regulations and was surprised when he was arrested again June 22, thrown in the Immigration detention facility and told that he would have to remain outside the country for at least two years.

His lawyers – and he has gone through three lawyers so far – have been in negotiations with Immigration officials to try to reduce his time out of the country, and Witzel has been told that he may be barred from entering Thailand ever again if the Immigration officials in Bangkok deem it so.

In the meantime, Witzel, who had a heart attack and bypass operation in Germany last year, was transferred out of the Immigration jail after spending six days in custody and into Mission Hospital, and finally released again on bond, awaiting deportation.

Witzel’s German business partner has bought out most of his interest in the Patong project and his architecture firm. Witzel said he is afraid he stands to lose a large investment if he is forced to stay out of Thailand.

From PHUKET GAZETTE online edition

I guess someone set him up. Because for such large project he was doing, probably thais related to him were getting peanuts.

[geriatrickid]

Poor bugger. As per the previous post it would seem he was set up. First I heard of where Immigration makes a miraculous appearance.

Maybe it's for the best though. The frustration and stress associated with trying to get this project moving along combined with his medical history probably wasn't doing wonders for his health.

This isn't going to encourage other ventures like this though is it?

[LaoPo]

German to be deported over no work permit

Witzel’s German business partner has bought out most of his interest in the Patong project and his architecture firm. Witzel said he is afraid he stands to lose a large investment if he is forced to stay out of Thailand.

I guess someone set him up. Because for such large project he was doing, probably thais related to him were getting peanuts.

Maybe not Thai...who knows?

LaoPo

[BKKDUDE]

German to be deported over no work permit

Witzel’s German business partner has bought out most of his interest in the Patong project and his architecture firm. Witzel said he is afraid he stands to lose a large investment if he is forced to stay out of Thailand.

I guess someone set him up. Because for such large project he was doing, probably thais related to him were getting peanuts.

Maybe not Thai...who knows?

LaoPo

I don't understand how someone working on such rich project didn't have any strong backup? Because in thailand, everything can be sort out by money, before in charge officer at polic HQ open new file for the case. After file has opened, money can't do nothing

[LivinginKata]

I heard (from Frank's mouth) that it was his farang business partner who set him up, due to some contractual disputes = lots of money in the equation. Frank won't be able to file a civil action against the partner if he is outside Thailand and can't appaer in Thai cout to testify..

[Prakanong]

As has been pointed out a classic set up.

I knew a guy had the same about 10 years ago in Bangkok. Steped behind the bar he owned and suddenly a spot check.

He had another job working on the Skytrain at the time (bar just bought on a whim after arriving her on contract) - his Aussie company got him out and he was lucky enough to stay.