Non O Visa And Work Permit Still Possible?

[yuyi]

recently I learned in this forum that you do not need a non B visa to get a work permit, if you have a non O visa already.

And I learned that having a non O visa as basis has a lot of advantages, starting with lower salary requirements.

(Big thanks to Greg and Steve and all the others which had given answers!!!)

Based on that I did complain to my consultant / accountant / lawyer office, the company Vimami, asking them why they told me to switch from non O to non B.

Now I got told by their Thai staff and by their swiss consultant that indeed you would need a non B visa now. If you get a work permit for a non O visa, that would be may be possible in Pattaya where they would not apply the law correctly, but certainly not in Bangkok.

I told him what I learned here, that there are indeed people with a non O and a company registered for them and a work permit, and all this in Bangkok.

He said may be the visa had been changed (by immigration) from non O to non B and they just did not notice it.

Then he said that definitely starting June/ July this year you would not get a work permit with a non O visa anymore.

He did accept that if I continue to do the 90 day border runs then I would not need the minimum salary immigration wants to see if you ask for an one year extension of your visa, but I should still take a minimum salary of 30000 baht / months or so, otherwise they would come and check from what I live. He warned me strongly to take a lower salary than that.

After the clear information I got here, confirmed by Steve and Greg, I feel very angry now.

Is there any truth in his statements, especially the one of the impossibility of a work permit based on a non O since June/July this year?

And if not, why the ###### is he telling me that so strongly? His fees do not change if the salary is 50000 or 30000 or even less, or if it is a non O or a non B behind it. Is there any catch I'm missing here?

Thanks!

[jingjingna]

Well I am here on a Non O Visa and in July I was informed by the immigration officer that should I take up employment then my employers would be able to do so on my existing Non O ..no need to change it to a Non B.

[Indo-Siam]

Yuyi -

Your Thai lawyers are wrong. Period. It is absolutely routine to apply for and receive a work permit with a non-immigrant entry permit issued against a Class O visa.

There is nothing whatsoever in the procedures at Work Permit office that even vaguely mention a Class B visa or entry permit. The standrd is: you must have a non-immigrant entry permit, other than for Retirement. You can (much to my surprise) even routinely obtain a work permit based on a Class ED visa.

It remains true that someone with an entry permit issued against a Class O visa, and who is married to a Thai, may obtain a work permit while meeting a lower standard of capitalization by his employer, than someone whose entry permit was isssued against a Class B visa - and who is not married to a Thai.

Categorically, your law firm is either misinformed, or has some other problem.

As far as I know, there is no such thing as converting an entry permit from a Class O to a Class B status. You can extend either type of entry permit on either of two bases: on the basis of qualifying employment for a qualifying employer, or on the basis of supporting a Thai spouse. Immigration does nothing to "change the Class" of your entry permit. I still have a Class O entry permit - and I have NEVER extended it on the basis of supporting a Thai spouse - alwasy on the basis of qualifying employment.

I have an entry permit that was issued against a Class O visa, and was used to obtain my work permit. We have secured many initial work permits - all of them in Bangkok - for holders of entry permits issued against Class O visas.

We most recently had an initial work permit application accepted on Tuesday 26 October, for a UK citizen whose 90 day entry permit is based on a Class O visa - and his work permit will be issued on November 5th. This was for a company incorporated on October 13th.

So - you are dealing with a law firm that has some serious perception problems - or some other serious problems. 'Sorry.

Good luck!

Steve Sykes

Managing Director

Indo-Siam Group

Bangkok

[email protected]

www.thaistartup.com

[yuyi]

So -  you are dealing with a law firm that has some serious perception problems - or some other serious problems.    'Sorry.

<{POST_SNAPBACK}>

Steve, thanks a lot!!!

I'm really wondering why these people tell me such a nonsense, and then insist in it so strongly.

Well well, lets see with which excuse they will come up with.

But now I have to decide what to do. Maybe throw away the company they registered for me, and run away before they do proceed with the work permit. And start again from scratch with another consultant. I think the "Indo-Siam Group" would be a good choice

[Sunbelt Asia]

Same answer as before, we've done many work permits on an "O" visa.

Your lawyer simply doesn't know and is too stupid to find out, they are simply wrong.

www.sunbeltasia.com

[Indo-Siam]

Yuyi -

There is no point in "throwing away" a company - if it is registered with at least 2,000,000 baht registered capital, and has its VAT and tax registrations, then it is eligible to sponsor a work permit - so long as you hold a valid non-immigrant entry pemit. The work permit process is quite efficient - the work permit office was achieving seven day turnaround until recently, and are presently averaging about 10 days.

To the best of my knowledge, we have not actually taken someone with a Class B based entry permit, and obtained for them a long term entry permit extension based on support of a Thai spouse - because this situation just has not come up. But - if your wife can accompany you to Immigation, and you can meet the other criteria for an extension based on support of a Thai spouse, I am reasonably certain that you can still extend your "Class B" entry permit using "Class O" criteria - i.e. - the entry permit "has no class" - it is simply a non-immigrant entry permit, allowing you to apply for an extension under any procedures for which you are otherwise eligible.

I am baffled by the behavior of your Thai law firm. They must be very inflexible in relation to adapting to new and changing processes.

Changes in procedures are continual. I was amused earlier in October when I went in to Immigration for my third consecutive one-year renewal of my entry permit. My key processing lady brought along an understudy, using my case as a teaching example. So - all is going normally, until the document screening official gets to the copy of my company's last annual audit - which has every page stamped with company seal, and my signature - as director, certifying the copy. Ah- not so fast - NEW RULE - the copy of the audit must now bear the original siagnature of the AUDITOR. My processing lady was red-faced - she failed to have the boss's packet clean to pass through. I laughed and told her to not to sweat it - but she had just processed a similar packet less than a week earlier - without auditor's signature - and she was irritated. At any rate, they accepted the renewal packet, and just told her to bring in another copy of the audit within 10 days, signed by the auditor.

So - rules change all the time. - and most of them are unwritten.

Cheers!

Steve

Indo-Siam

[yuyi]

There is no point in "throwing away" a company - if it is registered with at least 2,000,000 baht registered capital, and has its VAT and tax registrations, then it is eligible to sponsor a work permit - so long as you hold a valid non-immigrant entry permit.

<{POST_SNAPBACK}>

yes, I understand. there is a lot of effort, time and money already invested to have the company set up and the VAT registered. It would be a waste to throw it away.

On the other side, I'm still doing remote work only, no business in Thailand, and, as discussed in other threads, it is an undefined area, I might not even need a company and a work permit here.

To keep the company there it will cost me rent of 6800 baht, accounting fees of 3000 baht, plus taxes etc. on my salary, every month, only to have a work permit, which I might not even need

I am baffled by the behavior of your Thai law firm.  They must be very inflexible in relation to adapting to new and changing processes.

<{POST_SNAPBACK}>

Yes, this makes me worried. He really tries to scare me. "If you do not do it this way they will come after you!", "they read your emails", "they will follow you and check from what you live".

While I'm not scared about them reading my emails, or following me and counting what I spent where I do not like this style of trying to make me scared. Not at all.

And no, not really a Thai firm. This time I did expose them, see above. Farangs. I asked their Thai staff the same question about the non O and non B visa, and they gave me the same answer as the swiss consultant. After I insisted that i heard it differently from reliable sources (you guys here ) to my surprise they did not want to check with the department of labour, or immigration, but with the swiss consultant.

I have emailed him your first answer, Steve, however without mentioning your name, and wait now for his explanation.

Thanks again!

[Sunbelt Asia]

When you e-mail them. Point out the following...

on their website it states

Work permit:Non immigrant 'O' or non immigrant 'B' visa

Work permit for married people: NO minimum income.

http://www.vimami.com/index.asp?pgid=25

Click on the English flag.

Very interesting why they state a different view to you.

www.sunbeltasia.com

[Axel]

on their website it states

Work permit:Non immigrant 'O' or non immigrant 'B' visa

<{POST_SNAPBACK}>

I like this comment

Their MD gives regular advice in a German language magazine, sometimes I wondered...

[yuyi]

When you e-mail them. Point out the following...

on their website it states

Work permit:Non immigrant 'O' or non immigrant 'B' visa

Work permit for married people: NO minimum income.

http://www.vimami.com/index.asp?pgid=25

Click on the English flag.

Very interesting why they state a different view to you.

www.sunbeltasia.com

<{POST_SNAPBACK}>

wow, thanks, Greg, I did not see that before! What a joke!

I will certainly throw that in his face!

Either the MD has a lot of stupid people working for him, or they are not stupid, and have a different agenda...

There should be an answer Monday or Tuesday, I'll let you know!

[yuyi]

I just received a phonecall: Mr. K. does apologize. He asks me to thank Steve for the "lesson"!!! It would be all 100% correct the way Steve stated it.

After receiving my email he did go and check with the authorities, and they did confirm Steve's explanation as 100% correct.

He says that he had been given the wrong information by a lady in immigration, when asking for a transfer of a non B visa in a non O visa.

I learned from Steve, that immigration does not change visas (O to B etc.), but it does not matter which visa you have (B or O), you can extend them both at immigration with a business reason or with a "support Thai spouse" reason. I assume that this was what the lady at immigration tried to communicate, when she did not follow the request to change the B to an O visa. And this then got misunderstood as that you need to have a non B only for a company / workpermit now.

Still, I think that accepting so easily such important information from a "lady in immigration" without verifying it is not very professional.

Anyway, it shows that the advise given here by Steve and Greg is very good advise indeed. Thanks a lot!!! I regret that I did not know them before I did talk with others.

[sas_cars]

Thumbs up again for Steve.I have been his big fan for long time.