Work Permit

[Matty]

Can anyone tell me if you can obtain a work permit while holding a non. imm.'o' visa,or do I need a 'B'.Would I need to employ 4 Thai nationals? thanks.

[Indo-Siam]

Yes, you are eligible to apply for a work permit off a Class O visa - all they care about is that it is a non-immigrant visa.

Work Permit office asks no questions about number of Thai employees. All they care about is that you meet at least one of the following qualifications:

1. You work for company with at least 2,000,000 baht registered capital.

2. You paid at least 18,000 baht in Thai personal income tax in the previous year

3. You are married to a Thai

There are several other qualifying conditions, but unlikely to apply to your case, unless your company exports several million baht worth of goods each year.

Understand - when issued, the work permit will only be valid until the expiration date of your current ENTRY PERMIT (not visa). So - unless you get an extended entry permit, you will only be able to get a 90 day work permit, at best, before having to leave the country.

If you obtain an extended entry permit based on supporting a Thai spouse (which requires that your wife accompany you to Immigration, and that you meet "lawful enployment in Thailand income" or "money remitted from-outside Thailand" bank balance requirements), you can thehn obtain a matching one-year work permit - all without regard to number of Thai employees.

The rules about 4 Thai employees and 2,000,000 baht in paid in capital foir EACH farang employed only apply to extending an entry permit on the basis of employment - these standards must be met fira company to be qualified to sponsor a long-term entry permit.

Good luck!

Steve Sykes

Managing Director

Indo-Siam Group

Bangkok

[email protected]

www.thaistartup.com

[Khutan]

IndoSiam;

Thanks for that reply that has just confused me even further.

So If I am married to a Thai I can get a WP ?

If this is so, is there somewhere this is on the net, so I can read it myself and then Jam it up my bosses you know what. He made me go to Laos and get a "B" even though I have 6 months remaining on my "O"

Secondly, do I just go to the ministry of Labor and aply for a WP based on my Marraige certificate and obviously my wife's support.

Thanks

[Sunbelt Asia]

So If I am married to a Thai I can get a WP ?

Yes

See http://www.thaivisa.com/518.0.html

Moreover, the Authorized Officers, on reasonable grounds, may consider

work permit approval, renewal, and modification of employment

descriptions and positions or locations of workplace regardless of

restrictions on the number of expatriates stated above, if the work

falls under the followings:

#12" Being a married couple with Thai citizen, with legally married

registration, publicly cohabiting as husband and wife, and

with a legal profession, which is socially respectable.

do I just go to the ministry of Labor and aply for a WP based on my Marraige certificate and obviously my wife's support.

Yes

Marriage certificate will be needed, spouse’s identity card, birth certificates of children, household registration, as well as photocopy of every page of the applicant’s passport.

www.sunbeltasia.com

[noBuzz]

WAAAAAaaaaa... is this for real??????

This just my day

Now im gonna go have a beer and kiss my beautiful soon-to-be-legally-married-wife.

Best regards to all of you. And this site rocks!!

[asoke21]

Hello Sunbelt,

could you please elaborate this one

Moreover, the Authorized Officers, on reasonable grounds, may consider

work permit approval, renewal, and modification of employment

descriptions and positions or locations of workplace regardless of

restrictions on the number of expatriates stated above, if the work

falls under the followings:

#12" Being a married couple with Thai citizen, with legally married

registration, publicly cohabiting as husband and wife, and

with a legal profession, which is socially respectable.

The phrase "with a legal profession, which is socially respectable", does it apply to the husband or thai wife or both?

Does it mean that one does not qualify if the wife is not working, i.e. a houswife?

Thanx

[Sunbelt Asia]

The phrase "with a legal profession, which is socially respectable", does it apply to the husband or thai wife or both?

Applies to the applicant only who is seeking the work permit.

Does it mean that one does not qualify if the wife is not working, i.e. a houswife?

They could care less if she is working or not. It does not apply.

www.sunbeltasia.com

[asoke21]

Thanx Sunbelt Asia!

[Khutan]

Yes

Marriage certificate will be needed, spouse’s identity card, birth certificates of children, household registration, as well as photocopy of every page of the applicant’s passport.

Well, is this a Bangkok thing. I have just got back from the Department of Labor in Suphan Buri and she didn't want to know a thing about it. It was like I was lying to her. All they were interested in ws I had a sponsor from a Thai company or the government.

Could oyu please elaborate.

[dr_Pat_Pong]

WAAAAAaaaaa... is this for real??????

This just my day

Now im gonna go have a beer and kiss my beautiful soon-to-be-legally-married-wife.

Best regards to all of you. And this site rocks!!

and go no further until that marriage thing is finalized. There's no provision for interim measurements.

[ka12345]

Ok, I may be a bit slow so I need to repeat.

My wife and son are Thai and I have a non-imm-O. Does that mean I can get a work permit and work for a company that have already filled their farang work permit quota? How about the minimum salary thing, does that still apply or can I work for a low income? (If I deposit B400k in a bank account for the 1 year extension)

Are these rules available in Thai somewhere online?

[ka12345]

Also, does that mean my wife and I can register a company with less than 2M registered capital and no Thai employees and I can get a work permit to work for that company?

Sunbelt, if that is the case, can you give me a ballpark figure how much you would charge for helping me setting up the co, getting the w/p etc?

[Khutan]

Well, is this a Bangkok thing. I have just got back from the Department of Labor in Suphan Buri and she didn't want to know a thing about it. It was like I was lying to her. All they were interested in ws I had a sponsor from a Thai company or the government.

I think this is in the "Too hard" Basket

[dr_Pat_Pong]

Marriage alone brings with it no rights to work. An O visa means a qualified employer could employ you with a work permit.

[ka12345]

Marriage alone brings with it no rights to work. An O visa means a qualified employer could employ you with a work permit.

I know, but from Indo-Siam's and Sunbelt's postings in this thread I get the impression that the WP rules have been eased up for farangs married to Thais. Is this correct or am I misunderstanding something here?

Work Permit office asks no questions about number of Thai employees. All they care about is that you meet at least one of the following qualifications:

1. You work for company with at least 2,000,000 baht registered capital.

2. You paid at least 18,000 baht in Thai personal income tax in the previous year

3. You are married to a Thai

The part that I want to have verified is the "at least one of the following qualifications". Is it at least one or is it all three? Can I register a company with less than B2M and still get a WP?

[dr_Pat_Pong]

Marriage alone brings with it no rights to work. An O visa means a qualified employer could employ you with a work permit.

I know, but from Indo-Siam's and Sunbelt's postings in this thread I get the impression that the WP rules have been eased up for farangs married to Thais. Is this correct or am I misunderstanding something here?

Work Permit office asks no questions about number of Thai employees. All they care about is that you meet at least one of the following qualifications:

1. You work for company with at least 2,000,000 baht registered capital.

2. You paid at least 18,000 baht in Thai personal income tax in the previous year

3. You are married to a Thai

The part that I want to have verified is the "at least one of the following qualifications". Is it at least one or is it all three? Can I register a company with less than B2M and still get a WP?

In my view there is no easing up on regulations for work permits for foreigners married to Thai's.

[Indo-Siam]

Look, I'm not going to write out the whole thing unlesss someone pays me to do so, but AT THE WORK PERMIT OFFICE they hand out a two-sided English language document with the title:

W.P. 2 (For First Time Application or Reapplication Due to Expiring)

The back side starts off:

One of the following items is required for a permit consideration:

Six items are listed.

Items 5 and 6 read:

5. A copy of the Personal Tax Form (Phor Ngor Dor 91/90) and a receipt showing tax payment of more than 18,000 baht

6. A copy of Marriage Certificate

This is not a "new" relaxing of the rules. This is the way it has been for more than a year.

I have quoted verbatim - in practice, they are talking about marriage to a Thai - not just being married.

Item 1 on the list actually reads:

1. A copy of an update bank statement of the company, which showing a current balance of more than 2 million baht.

That is what it says - but - in practice, they don't ask for a bank statement - they simply accept 2 million baht registered capital, along with a director signing a statement on the application that certifies that all capital has been paid in.

I always advise clients to never sign an officisl statement, or make a declaration to a Thai official, that is flatly untrue - because the penalties are severe.

We have specifically obtained work permits for clients who were employed by companies without any Thai employees, and with less than 2,000,00 baht registered capital - based on presenting their marriage certficates showing they were married to a Thai. So - this is not theory - this is routine - by their own published policy.

By the way, the section of the W.P. 2 document right below the list of six items reads:

Extra documents required in some special cases:

- Any juristic person who has the shares of foreigners for more than 50% needs to submit a copy of BusinessOperation License of such foreigner

This is the stipulation that - in practice - forces companies with majority foreign ownership to obtain an Alien Business License. With out the ABL, as soon as WP office sees the Bor Or Jor 5 firm with majority foreign share ownership, they refuseto accept WP applications, unless accompanied by a copy of ABL.

Cheers!

Steve

Indo-Siam

[ka12345]

We have specifically obtained work permits for clients who were employed by companies without any Thai employees, and with less than 2,000,00 baht registered capital - based on presenting their marriage certficates showing they were married to a Thai. So - this is not theory - this is routine - by their own published policy.

Excellent, thank you!

I sent you a PM.