Work Permit Salary Qualifications

[bkkexplorer]

Hi to all,

I'm currently on a spouse O visa and a WP issued through my employer. As of next month, my working contract will be terminated but i still intend to live here. Previously, before i was employed, i was on a spouse visa where you had to show 400,000 deposited when applying for it. I did this for a couple of years without problems but am not sure of the current laws. Can I still do that? I know the laws here change all the time hence my question. Thanks.

[monty]

The 400,000 in the bank does not work anymore.

Only the 40,000 combined income.

People still staying on 400,000 Baht in the bank can remain to do so, but since you changed to 40,000/month, you cannot revert back to the 400,000.

[bkkexplorer]

Does that mean if my wife has an income of 20,000, I only need another 20,000 monthly income (total of 40,000) to qualify for a work permit?

Also, how would it be possible to legally stay here without employment. I have a family and means to support us even after my contract is terminated.

[2008bangkok]

Does that mean if my wife has an income of 20,000, I only need another 20,000 monthly income (total of 40,000) to qualify for a work permit?

Also, how would it be possible to legally stay here without employment. I have a family and means to support us even after my contract is terminated.

No the 40k is combined only for extension of stay based on marriage like you had before, just get any other visa if you want to stay like a NON-O

[Mario2008]

No. The visa only allows you to stay in the country. For that you will need a family income of 40,000. As long as you meet that requirement you can stay legally in the country. If both of you have an income of 20,000 that will do.

The work permit is the one that allows you to work and has it own rules. Your visa doesn't mean you will get a work permit.

[Lite Beer]

,

but since you changed to 40,000/month, you cannot revert back to the 400,000.

I know this is the common view, but I did it.

I was on the 400,000 in the bank marriage extension.

When I re applied Samui Immigration talked me into the 800,000 Retirement option.

I sinced moved to Khon Kaen and made my next application at Korat Immigration.

I rather gingerly asked about reverting back and after scrutinizing my passport they said it was possible because I was using this method before the rule changed and had not broken my continuous stay.

So that is what I did , now on the 400,000 in the bank. That can be my Wifes money or mine or both.

I do not think many Immigration Offices would do this . Korat are very helpful and fair.

[Lite Beer]

(6) In the case of an alien married

to a Thai woman, any party or

both must have a total income

of not less than Baht 40,000 per

month, except for aliens who

entered the Kingdom before

this Order came into force and

granted a permit to stay in the

Kingdom. If the alien does not

have the minimum income

above, he shall have an account

deposit in Thailand in the name

of either party or both of not

less than Baht 400,000. Proof

of account deposit for the

previous 3 months is required.

Edited June 24, 2008 by Lite Beer

[bkkexplorer]

Does that mean if my wife has an income of 20,000, I only need another 20,000 monthly income (total of 40,000) to qualify for a work permit?

Also, how would it be possible to legally stay here without employment. I have a family and means to support us even after my contract is terminated.

No the 40k is combined only for extension of stay based on marriage like you had before, just get any other visa if you want to stay like a NON-O

ok, as i understand, if i get a job here paying 20,000, i can combine that with my wife's salary to meet the requirements for WP. I assume a business visa comes with it.

I don't know, the reason i want a spouse visa is that i can still stay in the kingdom in the event I'm not employed by a local firm. This was the case before right? How can i do this again?

Another poster from korat said he was allowed to go back to the 400,000 requirements. I wish immigratin would have clear laws that applies to everyone. Wishfull thinking heh.

[raro]

nono....sorry...you got it mixed up!

To qualify for the non-O family visa you need to show the 40k family income.

In the good old days (say 3 weeks ago) that would also be ok for the work permit. Now you need to meetmore or less the same requirements as a non-B visa holder. Different rules apply to different provices.

[opalhort]

Regarding the 400K bank deposit on spouse visa:

Late April this year I renewed my extension of stay (Non-Imm-O) based on the above.

Since I also could qualify for 40K family income (I have WP) or retirement (>800K in bank) or Thai child support, the Imm officer at Suan Plu suggested I should use the retirement or child support option (easier and less paper work).

When I pointed out that I may not be able to go back to the grandfathered 400K deposit option if I change now, I was told that there is no problem of going back to this option as long as I remain in Thailand on the same visa.

I did not question the officer further and insisted of going with the 400K bank deposit route, but the way I interpret the officer's statement is that if you have used the 400K route before and changed it but remain in Thailand on the SAME visa you can go back to the 400K route.

I did get my extension of stay based on the 400K deposit without problems.

opalhort

[lopburi3]

Below are the extension of stay requirements by nationality. It appears these are now the minimum wage requirements to obtain a work permit unless in an exempted category (such as teachers).

ATTACHMENT TO ROYAL THAI POLICE HEADQUARTERS ORDER NO. 606/2549

dated September 8, 2006

Income Table Referred to Clause 7.1 (2)

Nationality Minimum Income

1. European Countries, Australia, Canada, Japan,

and U.S.A. Baht 50,000/month

2. South Korea, Singapore, Taiwan and Hong Kong Baht 45,000/month

3. Asian Countries, South America, Countries in

Eastern Europe, Countries in Central America,

Mexico, Turkey, Russia and South Africa

Baht 35,000/month

4. African Countries, Cambodia, Myanmar, Laos

and Vietnam Baht 25,000/month

[taxin]

On the subject of salary requirements outside of Bangkok. Does anyone know the minimum required salary in order to be granted a work permit in Phuket ?

Note: thats the ammount required to be granted a WP, NOT a 1 year extension of stay. (i.e. on the basis that the applicant will be doing 90 day visa runs on a continuous multiple entry non B visa).

Cheers

[lopburi3]

According the the current reports work permit now follows the above extension of stay income rules, and that should be country wide.

[taxin]

According the the current reports work permit now follows the above extension of stay income rules, and that should be country wide.

But isnt that report based on extension of stay requirements ?

Earlier on in this thread there was indication that the extension of stay requirement figure may not be the same as the WP requirement. As someone also mentioned earlier, a WP is related to the employment sector and not immigration, whereas the extension of stay is an immigration matter and NOT related to the employment sector.

My feeling is that there are 2 different salary requirements for 2 completely different subjects, and that people are getting mixed up between the 2. Again, one is permission to work, the other is permission to stay. Same same, not !

Plus, would you trust a report anyway from Sept 2006 ?

[lopburi3]

It has been reported as a Feb 2008 change that has been slow at being completely adopted.

Yes it will follow the nationality requirements of the extension of stay based on business, even though the applicant will not be applying for that extension based on business.

www.sunbeltasiagroup.com

All labor Depts and our offices yesterday said " they now require the applicant to get a mininum monthly salary which depends on their nationality."

www.sunbeltasigroup.com

[Sunbelt Asia]

According the the current reports work permit now follows the above extension of stay income rules, and that should be country wide.

But isnt that report based on extension of stay requirements ?

Earlier on in this thread there was indication that the extension of stay requirement figure may not be the same as the WP requirement. As someone also mentioned earlier, a WP is related to the employment sector and not immigration, whereas the extension of stay is an immigration matter and NOT related to the employment sector.

My feeling is that there are 2 different salary requirements for 2 completely different subjects, and that people are getting mixed up between the 2. Again, one is permission to work, the other is permission to stay. Same same, not !

Plus, would you trust a report anyway from Sept 2006 ?

This Labor Dept policy started around two weeks ago to now follow the extension of stay based on business salary requirements. Up to then it was possible to get a work permit with a monthly salary as low as 10,000 Baht. Now its only possible to get a lower salary if you volunteer with a registered Thai foundation or you are an intern with a letter from a college explaing that you need to get experience for your degree.

Remember this is for NEW work permits.

www.sunbeltasiagroup.com

[Sunbelt Asia]

What about the situation outside Bangkok ? Are the minimum salaries being requested outside the capital or not ?

All labor Depts and our offices yesterday said " they now require the applicant to get a mininum monthly salary which depends on their nationality."

www.sunbeltasigroup.com

this refers to non-O, right?

It doesn't matter what visa or extension of stay permit you have, the salary minimum to get a new work permit depends on your nationality or if you are a journalist or teacher.

www.sunbeltasiagroup.com

[opalhort]

This Labor Dept policy started around two weeks ago to now follow the extension of stay based on business salary requirements. Up to then it was possible to get a work permit with a monthly salary as low as 10,000 Baht. Now its only possible to get a lower salary if you volunteer with a registered Thai foundation or you are an intern with a letter from a college explaing that you need to get experience for your degree.

Remember this is for NEW work permits.

www.sunbeltasiagroup.com

Has this been put in writing somewhere in an official announcement?

So far I have only seen the new rules but no mention that old WPs have been "grandfathered" regarding income.

opalhort

[Mario2008]

Section 58 would be the grandfather clause:

Section 58. Any alien permitted or

indulged to engage in the work under the

Working of Aliens Act B.E. 2521

amended by the Working of Aliens Act

(No.2) B.E. 2544 on the date on which

this Act is published in the Government

Gazette shall be deemed granted a permit

or permission to engage to work under

this Act, accordingly upon the rules

prescribed in the permit or the indulgence.

The permit issued under the

Announcement No. 322 of the National

Executive Council dated 13 December

2515 shall be valid as far as such permit

does not expire and the holder of permit is

still working in the permitted work.

[opalhort]

Thanks Mario,

I was not aware of this item.

It appears to grandfather old WPs and I can breathe easier now, unless they have changed this section as well.

opalhort

[bkkexplorer]

nono....sorry...you got it mixed up!

To qualify for the non-O family visa you need to show the 40k family income.

In the good old days (say 3 weeks ago) that would also be ok for the work permit. Now you need to meetmore or less the same requirements as a non-B visa holder. Different rules apply to different provices.

I get it now, thanks for clearing that up.

Looks like the deal is I get a job paying 20k, add that with my wife's 20k and i can apply for spouse 'O' visa.

Can someone please tell me the reqiurements for the company hiring me? do they need 1-2 million bht extra for me if their 'other' WP are used up? Any quota for the number of thais needed for my 1 WP? Again, my visa in this case would be spouse 'O'.

Also, I'd like someone to confirm this (as an alternative). My current visa is a spouse visa and I have a WP based entirely on my salary. My WP will be cancelled in a few weeks. I want to know, because i had the spouse 'O' for several years, can I also revert back to the 400k rule as an option. This was posted earlier, correct? Obviously this only entitles me to stay and not work here.

Thanks for reading...

[Mario2008]

I saw a post from Lite Beer stating he did return from 40,000 a month to 400,000 at the bank. The english text of the regulation doesn't say you you can't. So you could at least give it a try.

For rules for companies who want to hire you look here:

http://www.bia.co.th/023.html

The information you want is near the end.

[bkkexplorer]

Thanks for the link. It doesn't specify the number of thai employees needed (for under 10 WP), just the amount of invested capital for each WP. I remember this being a requirement before. Has this changed? Thanks again.

[Lite Beer]

Also, I'd like someone to confirm this (as an alternative). My current visa is a spouse visa and I have a WP based entirely on my salary. My WP will be cancelled in a few weeks. I want to know, because i had the spouse 'O' for several years, can I also revert back to the 400k rule as an option. This was posted earlier, correct? Obviously this only entitles me to stay and not work here.

.

You can revert back but it may depend where you apply . As you know different offices do different things.

I actually changed from the 800,000 in the bank retirement back to the 400,000 in the bank marriage.

[Sunbelt Asia]

Thanks for the link. It doesn't specify the number of thai employees needed (for under 10 WP), just the amount of invested capital for each WP. I remember this being a requirement before. Has this changed? Thanks again.

Just depends where you apply. Nothing in the rules that it’s required but every Labor office has their own informal rules. Not a requirement as of now in BKk.

www.sunbeltasiagroup.com