Penang Non-imm B Multiple

[sarahJ]

Can you get a one year multiple entry non-imm B plust a couple of dependent type O visas in Penang at the moment? No work permit complications as yet. (I checked a similar post but it was more about WP) My husband has set up a company here in Thailand of which he is a director. He plans to get a WP in the future but right now just wants a business visa plus dependent visas for me and the kids.

If this is possible can the agents on Ciulia St sort this out for us?

If only single entries are available it is cheaper for us (we live in Chiang Mai), and we would rather go to Singapore for a change.

[sniffdog]

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My husband has set up a company here in Thailand of which he is a director.

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Impossible! It is illegal for your husband to work without having a WP. Just a Non B is not sufficient. You should be very careful.

I wonder how it is possible to setup a company without registering (legal) employees.

Also, these agents on Chulia Street are not wizards. If you fulfill the requirements, they can only do what you can do by yourself.

Edited September 28, 2007 by sniffdog

[beechguy]

Can you get a one year multiple entry non-imm B plust a couple of dependent type O visas in Penang at the moment? No work permit complications as yet. (I checked a similar post but it was more about WP) My husband has set up a company here in Thailand of which he is a director. He plans to get a WP in the future but right now just wants a business visa plus dependent visas for me and the kids.

If this is possible can the agents on Ciulia St sort this out for us?

If only single entries are available it is cheaper for us (we live in Chiang Mai), and we would rather go to Singapore for a change.

From what I've read, you probably won't be able to get a 1 year multiple entry "B" in a neighboring country without a work permit. A 90 day single entry probably isn't a problem though.

[sarahJ]

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My husband has set up a company here in Thailand of which he is a director.

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Impossible! It is illegal for your husband to work without having a WP. Just a Non B is not sufficient. You should be very careful.

I wonder how it is possible to setup a company without registering (legal) employees.

Also, these agents on Chulia Street are not wizards. If you fulfill the requirements, they can only do what you can do by yourself.

his company has 3 thai employees. he owns slightly less than half of the shares. the rest are owned by Thais. from what we understand it is perfectly legal to invest in Thailand without a WP and to come and check out your investments. this is what we were told by a thai lawyer. (if you invest in the thai stock market do you need a wp?)

it is possible to set up a company with zero employees. it needs shareholders though.

he intends to get a WP later on when he has employed one more person. what visa should you be on when you apply to get a WP? isnt a non imm b the right visa in this situation?

[Manchester]

He is working without a WP. That is illegal in Thailand. Why on earth would you want to set up a company and not go through the WP process.

This sounds more like a " fly by night " effort to be honest.

[beechguy]

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My husband has set up a company here in Thailand of which he is a director.

================================================================================

=======

Impossible! It is illegal for your husband to work without having a WP. Just a Non B is not sufficient. You should be very careful.

I wonder how it is possible to setup a company without registering (legal) employees.

Also, these agents on Chulia Street are not wizards. If you fulfill the requirements, they can only do what you can do by yourself.

his company has 3 thai employees. he owns slightly less than half of the shares. the rest are owned by Thais. from what we understand it is perfectly legal to invest in Thailand without a WP and to come and check out your investments. this is what we were told by a thai lawyer. (if you invest in the thai stock market do you need a wp?)

it is possible to set up a company with zero employees. it needs shareholders though.

he intends to get a WP later on when he has employed one more person. what visa should you be on when you apply to get a WP? isnt a non imm b the right visa in this situation?

Depending on the situation, a work permit can be obtained with a "B" visa or an "O".

It seems a "B" visa is the correct one for your husband.

And yes, under the correct circumstances, you can form or own a business or company without a work permit. But, in Thailand, the definition of work is pretty broad. So, if your husband is actively involved, he should have a work permit.

[sarahJ]

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=======

My husband has set up a company here in Thailand of which he is a director.

================================================================================

=======

Impossible! It is illegal for your husband to work without having a WP. Just a Non B is not sufficient. You should be very careful.

I wonder how it is possible to setup a company without registering (legal) employees.

Also, these agents on Chulia Street are not wizards. If you fulfill the requirements, they can only do what you can do by yourself.

his company has 3 thai employees. he owns slightly less than half of the shares. the rest are owned by Thais. from what we understand it is perfectly legal to invest in Thailand without a WP and to come and check out your investments. this is what we were told by a thai lawyer. (if you invest in the thai stock market do you need a wp?)

it is possible to set up a company with zero employees. it needs shareholders though.

he intends to get a WP later on when he has employed one more person. what visa should you be on when you apply to get a WP? isnt a non imm b the right visa in this situation?

Depending on the situation, a work permit can be obtained with a "B" visa or an "O".

It seems a "B" visa is the correct one for your husband.

And yes, under the correct circumstances, you can form or own a business or company without a work permit. But, in Thailand, the definition of work is pretty broad. So, if your husband is actively involved, he should have a work permit.

hmmm, slightly concerned now... not trying to do anything dodgy, just set up a software company in Thailand and being slightly slow about applying for a WP since the lawyer was not concerned about this.

so he should get a WP sooner, rather than later. given that he is currently on a non imm O that expires on Sunday October 7th (next weekend!) how should he proceed?

[beechguy]

I would still continue to follow your lawyer's advice. But, as I said earlier, I think even without a work permit, your husband could probably get a 90 day "B" visa from a neighboring country. Then he could use that time to pursue the work permit issue.

If he wants to travel farther away, it's possible he could get a 1 year multi-entry "B"

visa, but he would still need to leave the country every 90 days until he qualified for an "extension of stay".

[Manchester]

Sarah...................try to get the WP as soon as possible. You will not then have to worry and have sleepless nights about any "raids "

AS for any lawyer that is not concerned about obtaining a WP once HE has set up the company................i would get a new lawyer personally. You are breaking their laws.

Don,t be surprised if the Labour Dept. or the Imm boys receive an " annoymous " call advising them of a foreigner working with no WP. Lo and behold your lawyer then rides to the rescue and magically all your problems dissapear for a lot of paid out TEA MONEY

[sarahJ]

Sarah...................try to get the WP as soon as possible. You will not then have to worry and have sleepless nights about any "raids "

AS for any lawyer that is not concerned about obtaining a WP once HE has set up the company................i would get a new lawyer personally. You are breaking their laws.

Don,t be surprised if the Labour Dept. or the Imm boys receive an " annoymous " call advising them of a foreigner working with no WP. Lo and behold your lawyer then rides to the rescue and magically all your problems dissapear for a lot of paid out TEA MONEY

Ok so we will go to Penang next weekend with the company docs including doc naming him as director and ask the guys in Ciulia St to get a non imm B based on that (he is currently on a 6 month non imm O from Oz, prior to that a multi tourist from Penang) Once back in Thailand he will start the WP application process. That will be ok wont it?

As for me and my two children. One has extension of stay from international school. For me and the other child should we try and get dependent status along with the non-imm B or would it be less hassle to get a multiple entry tourist. Bear in mind that i (like my husband) have already had a multi tourist from penang, followed by a non imm O from Oz. I am a Uk national.

Was looking forward to a relaxing weekend, now feel a bit like public enemy number one

[digitalchromakey]

Just in case you haven't seen these before, here are some links to the lists of required visa application paperwork for you and your family.

Non Immigrant O http://www.mfa.go.th/web/2482.php?id=2489

Non Immigrant B http://www.mfa.go.th/web/2482.php?id=2492

It's always better in the long run when you get the right visa/paperwork.

Good luck and make sure you do have a relaxing time.

Sarah...................try to get the WP as soon as possible. You will not then have to worry and have sleepless nights about any "raids "

Ok so we will go to Penang next weekend with the company docs including doc naming him as director and ask the guys in Ciulia St to get a non imm B based on that (he is currently on a 6 month non imm O from Oz, prior to that a multi tourist from Penang) Once back in Thailand he will start the WP application process. That will be ok wont it?

As for me and my two children. One has extension of stay from international school. For me and the other child should we try and get dependent status along with the non-imm B or would it be less hassle to get a multiple entry tourist. Bear in mind that i (like my husband) have already had a multi tourist from penang, followed by a non imm O from Oz. I am a Uk national.

Was looking forward to a relaxing weekend, now feel a bit like public enemy number one

[beechguy]

Seems to me some people are jumping to conclusions about your husbands business activities. All though, I do take the work permit situation seriously also.

Anyway, it seems that if you and your family go to Penang you are likely to get 90 day visas of one kind or another. That should give you more time to research a way to stay longer.

[The Professor]

I'd take the work permit situation very seriously

[sniffdog]

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if you invest in the thai stock market do you need a wp?

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That one made me laugh .... being a shareholder on the SET and being a Director in the Company Register are two totally different things.

Unfortunately, the Business Act is a little too complicated to explain here. As others recommended, get advice (for eg Sunbelt).

I don't want to spoil your weekend, but probably without the proper documentation (letter from the Company, supporting documents like Company Registration,

VAT papers) Penang won't even issue a single Non B.

If your husband gets a TR, perhaps he can convert it into a Non B in Bangkok when you do have the right papers. Not quite sure if the new rules

about converting it into a Non B are in place yet, but you probably need do do that within 3 weeks before the visa expires.

Then if this is settled, get good advice from a lawyer how to make sure your husband has full control of the company without having a majority of the shares.

[beechguy]

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if you invest in the thai stock market do you need a wp?

=====================================================

That one made me laugh .... being a shareholder on the SET and being a Director in the Company Register are two totally different things.

Unfortunately, the Business Act is a little too complicated to explain here. As others recommended, get advice (for eg Sunbelt).

I don't want to spoil your weekend, but probably without the proper documentation (letter from the Company, supporting documents like Company Registration,

VAT papers) Penang won't even issue a single Non B.

If your husband gets a TR, perhaps he can convert it into a Non B in Bangkok when you do have the right papers. Not quite sure if the new rules

about converting it into a Non B are in place yet, but you probably need do do that within 3 weeks before the visa expires.

Then if this is settled, get good advice from a lawyer how to make sure your husband has full control of the company without having a majority of the shares.

Why would you think they can't supply the correct documents to get a "B" visa?

How do you know they don't already have full control of the company?

[sarahJ]

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if you invest in the thai stock market do you need a wp?

=====================================================

That one made me laugh .... being a shareholder on the SET and being a Director in the Company Register are two totally different things.

Unfortunately, the Business Act is a little too complicated to explain here. As others recommended, get advice (for eg Sunbelt).

I don't want to spoil your weekend, but probably without the proper documentation (letter from the Company, supporting documents like Company Registration,

VAT papers) Penang won't even issue a single Non B.

If your husband gets a TR, perhaps he can convert it into a Non B in Bangkok when you do have the right papers. Not quite sure if the new rules

about converting it into a Non B are in place yet, but you probably need do do that within 3 weeks before the visa expires.

Then if this is settled, get good advice from a lawyer how to make sure your husband has full control of the company without having a majority of the shares.

Why would you think they can't supply the correct documents to get a "B" visa?

How do you know they don't already have full control of the company?

sunbelt set up the company.

he has full control so they tell him.

he also has all the company registration documentation.

not sure who should write the letter from the company as he is the director... any ideas?

no income tax records as a new company.

not vat registered as earnings expected to be below the threashold. so no vat reg documentation.

won't that be enough for Penang to issue a non-imm B?

[beechguy]

I think it's been mentioned before, but I believe your husband can write the letter himself

since he is the director of the company. I can't find it now, but I thought I saw an example letter for this somewhere.

For the other documents, I would just check the list on the MFA link that was listed before.

I also use Sunbelt, and I'm very satisfied with their service. I don't think you'll have any problems. Best of luck!

[sniffdog]

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Why would you think they can't supply the correct documents to get a "B" visa?

How do you know they don't already have full control of the company?

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I don't think or assume anything. I just point out some issues to take care of.

One thing I don't understand .... if Sarah's husband has Sunbelt in hand, why don't she asks advice there? Then she'll

get the right answers, instead of your 'I think this' and 'I believe that', Beechdude!

Furthermore, here are again the requirements to apply for a Non-B:

2.1 Non-Immigrant Visa Category “B” (Business Visa) is issued to applicants who wish to enter the Kingdom to work or to conduct business.

(1) Foreigners who wish to work in Thailand must provide the following documents:

- Passport or travel document with validity of not less than 6 months.

- Completed visa application form.

- Recent passport-sized photograph (4 x 6 cm) of the applicant taken within the past 6 months.

- Evidence of adequate finance (20,000 Baht per person and 40,000 Baht per family).

- Letter of approval from the Ministry of Labour. To obtain this letter, the applicant’s prospective employer in Thailand is required to submit Form WP3 at the Office of Foreign Workers Administration, Department of Employment, Ministry of Labour Tel. 02-2452745, or at the Provincial Employment Office in his or her respective province. More information is available at www.doe.go.th/workpermit/index.html

- Copy of Work Permit issued by the Ministry of Labour and alien income tax or Por Ngor Dor 91 (only in the case where applicant has previously worked in Thailand).

- Corporate documents of hiring company in Thailand such as:

1) business registration and business license

2) list of shareholders

3) company profile

4) details of business operation

5) list of foreign workers stating names, nationalities and positions

6) map indicating location of the company

7) balance sheet, statement of Income Tax and Business Tax (Por Ngor Dor 50 and Por Ngor Dor 30 of the latest year)

8) value-added tax registration (Por Por 20)

- Document indicating the number of foreign tourists (for tourism business only), or document indicating export transactions issued by banks (for export business only).

N.B.

- An alien who receives a Non-Immigrant visa can work in Thailand once he or she is being granted a work permit. An alien in violation of the Immigration Act B.E. 2522 (1979) concerning taking up employment without work permit or the Royal Decree B.E. 2522 (1979) concerning holding employment in certain restricted occupations and professions shall be prosecuted and imprisoned or fined, or shall face both penalties.

- It is recommended that the applicant should apply for visa at the Thai Embassy/ Consulate in the country where he/she has the residence

Edited September 30, 2007 by sniffdog

[beechguy]

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Why would you think they can't supply the correct documents to get a "B" visa?

How do you know they don't already have full control of the company?

==========================================================================

I don't think or assume anything. I just point out some issues to take care of.

One thing I don't understand .... if Sarah's husband has Sunbelt in hand, why don't she asks advice there? Then she'll

get the right answers, instead of your 'I think this' and 'I believe that', Beechdude!

Furthermore, here are again the requirements to apply for a Non-B:

2.1 Non-Immigrant Visa Category “B” (Business Visa) is issued to applicants who wish to enter the Kingdom to work or to conduct business.

(1) Foreigners who wish to work in Thailand must provide the following documents:

- Passport or travel document with validity of not less than 6 months.

- Completed visa application form.

- Recent passport-sized photograph (4 x 6 cm) of the applicant taken within the past 6 months.

- Evidence of adequate finance (20,000 Baht per person and 40,000 Baht per family).

- Letter of approval from the Ministry of Labour. To obtain this letter, the applicant’s prospective employer in Thailand is required to submit Form WP3 at the Office of Foreign Workers Administration, Department of Employment, Ministry of Labour Tel. 02-2452745, or at the Provincial Employment Office in his or her respective province. More information is available at www.doe.go.th/workpermit/index.html

- Copy of Work Permit issued by the Ministry of Labour and alien income tax or Por Ngor Dor 91 (only in the case where applicant has previously worked in Thailand).

- Corporate documents of hiring company in Thailand such as:

1) business registration and business license

2) list of shareholders

3) company profile

4) details of business operation

5) list of foreign workers stating names, nationalities and positions

6) map indicating location of the company

7) balance sheet, statement of Income Tax and Business Tax (Por Ngor Dor 50 and Por Ngor Dor 30 of the latest year)

8) value-added tax registration (Por Por 20)

- Document indicating the number of foreign tourists (for tourism business only), or document indicating export transactions issued by banks (for export business only).

N.B.

- An alien who receives a Non-Immigrant visa can work in Thailand once he or she is being granted a work permit. An alien in violation of the Immigration Act B.E. 2522 (1979) concerning taking up employment without work permit or the Royal Decree B.E. 2522 (1979) concerning holding employment in certain restricted occupations and professions shall be prosecuted and imprisoned or fined, or shall face both penalties.

- It is recommended that the applicant should apply for visa at the Thai Embassy/ Consulate in the country where he/she has the residence

I don't know why she didn't contact Sunbelt directly, that's her business.

I used the terms "I think" and "I believe" because I didn't have time to research previous information. Also, it's not my profession, I just offered advice based on personal experience. Also, it's been a couple of years since I have dealt with these issues.

I just didn't see any reason to act like an ass!

Edited September 30, 2007 by beechguy

[sniffdog]

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I just didn't see any reason to act like an ass!

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But still you've managed to ....

If you have no clue or 'think','assume', or 'believe', remember ........ silence speaks a thousand words.

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I don't know why she didn't contact Sunbelt directly, that's her business.

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You see, you talk and talk and talk ..... without being asked a question.

Edited September 30, 2007 by sniffdog

[beechguy]

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I just didn't see any reason to act like an ass!

===============================================

But still you've managed to ....

If you have no clue or 'think','assume', or 'believe', remember ........ silence speaks a thousand words.

================================================

I don't know why she didn't contact Sunbelt directly, that's her business.

================================================

You see, you talk and talk and talk ..... without being asked a question.

How did I act like an ass? I thought you made some assumptions about some things, and I asked why. Also, I thought you came across as a little rude and I didn't think it was necessary.

If you don't like what I write, don't read it. Other people can decide for themselves.