Work Permit Application Refused - Wrong Visa

[simon43]

I'm pulling my hair out trying to obtain a work permit for working as Manager of my Thai partner's hotel in Phuket.

For the past 12 months, I had a student ED visa (studying an MA 1 day each week). The Phuket Labour Department refused to allow me to apply for a WP to be employed for the other days of the week... (That does seem to be the correct decision, based upon the rules about ED visas).

Now I have extended this visa for 60 days, based upon the clause that allows for visa extensions to visit family members (my Thai son). My lawyer went back to reapply for a WP, because now my reason of staying in Thailand was not as a student.

Yet again, they refused to accept the WP application. They said that someone who is in Thailand for purposes of visiting their Thai family is not allowed to apply for a WP. They say that I must leave Thailand, get a non-immigrant B visa, return to Thailand and then apply for the WP. But they also state that they are under no obligation to grant me the WP even under those circumstances.

All I am trying to do is to get 'legal' with working in Thailand and pay my taxes. But these guys seem to be putting obstacles in my path.

My understanding is that it is very hard to obtain a non-immigrant B visa from embassies in Asia unless you already have a job in Thailand..

Any suggestions as to the best way to resolve this problem, with the most chance of success in getting this WP?

Thanks

Simon

[ubonjoe]

I think the key word is visiting. If you can somehow change it to supporting you son. He has to be under 20 or under 25 if enrolled in school from my understanding. Talk to your lawyer about this.

If supporting a Thai wife you can get a work permit so I would think the same rules apply.

You should also be able to get a work permit and visa based upon your job but not on an ED for sure.

Edited October 1, 2008 by ubonjoe

[Soutpeel]

I'm pulling my hair out trying to obtain a work permit for working as Manager of my Thai partner's hotel in Phuket.

For the past 12 months, I had a student ED visa (studying an MA 1 day each week). The Phuket Labour Department refused to allow me to apply for a WP to be employed for the other days of the week... (That does seem to be the correct decision, based upon the rules about ED visas).

Now I have extended this visa for 60 days, based upon the clause that allows for visa extensions to visit family members (my Thai son). My lawyer went back to reapply for a WP, because now my reason of staying in Thailand was not as a student.

Yet again, they refused to accept the WP application. They said that someone who is in Thailand for purposes of visiting their Thai family is not allowed to apply for a WP. They say that I must leave Thailand, get a non-immigrant B visa, return to Thailand and then apply for the WP. But they also state that they are under no obligation to grant me the WP even under those circumstances.

All I am trying to do is to get 'legal' with working in Thailand and pay my taxes. But these guys seem to be putting obstacles in my path.

My understanding is that it is very hard to obtain a non-immigrant B visa from embassies in Asia unless you already have a job in Thailand..

Any suggestions as to the best way to resolve this problem, with the most chance of success in getting this WP?

Thanks

Simon

Would seem the root cause of the problem is that you are still techically on an ED visa ?, it appears you havent changed visa's, but just extended the current visa under a clause in the ED visa, If I am reading this correctly ?

You can be issued with a WP under both an Non-Imm "O" and Non-Imm B. if you meet he requirements.

If they are telling you, you need a Non-imm B, then go and get one, your Thai partners company in conjuction with your lawyer can put the required paperwork together to justify the Non-imm B, if all the paper work is correct, this can be issued at an embassy/consulate in SEA.

The labour department are correct saying they are under under no obligation to issue you a W/P, you will apply, if you meet the conditions required you will be issued the WP.

Also dont think these guys are putting obstacles in your way, in fact, they seem to be trying to help you, they are just following the rules (or their interpretation of the rules)

[simon43]

I'm trying to avoid having to go overseas to get a non-B visa. I've lived in Thailand since 2002, own a business, have Thai children, but am now finding it rather difficult to remain in the country and to work legally. Although I was married to a Thai national, I am now divorced, which does not help matters re 'support' visas. Still not yet 50, so no retirement visa and no child support visa.

I do have some IT job offers from outside of Thailand and I'm beginning to realise that I might be better off leaving Thailand and working overseas until I'm 50 (next June).

Simon

[Soutpeel]

I'm trying to avoid having to go overseas to get a non-B visa.

Simon, without trying to sound rude, its seems to me then you are putting obstacles in your own way.

Flights are not that expensive, a night in a hotel somewhere, and back to Thailand, small price to pay for becoming legal

[digitalchromakey]

I think the key word is visiting. If you can somehow change it to supporting you son. He has to be under 20 or under 25 if enrolled in school from my understanding. Talk to your lawyer about this.

If you are under 50 in Phuket, then Immigration ask for legal, sole custody of the child for an Extension of Permission to Stay based on supporting a child.

[NHJ]

getting a non-B single entry is not a trouble at all in foreign countries like malaysia, laos etc etc, just be sure to have all the papers from your company.

[Mario2008]

Sole custody is not asked for, family relationship is, but the main thing is that the child has to live with you.

The problem is that the 60 day allowed to visit his children is not considered a non-immigrant visa. So yes, he has to make a visa run and apply for a non-B.

[Jimjim]

You extended your ed visa, so it's still all about education, right? That's what I read. You didn't say you got a new visa so no matter what you can't get a work permit under an ED visa. The only solution is to leave the country, in my opinion. You should at least be able to get a single-entry Non-O (in SE Asia it may be possible just for single entry) based on marriage or visiting son and under that you are allowed to get a work permit.

Edit: Sorry I assumed you were married to your partner. Anyway, you should be able to get non-O based on visiting your son. It's really not possible to get a work permit under your current visa, it doesn't matter about the clause, it's still an ED Visa. Under a Non-O, however, you are allowed a work permit under law even if it's just to visit family. It all matters about what visa you are officially on.

Edited October 1, 2008 by Jimjim

[simon43]

Thanks for all the good advice. I've made my decision! I'm been living continuously in Thailand since 2002, but have decided to leave the country and work overseas, at least until I am 50 when getting a long-stay visa is easier. My ties to Thailand have diminished since getting divorced, and there are other interesting countries in the region to visit.

I agree that getting this WP is technically possible, but maybe I'm just rather tired of the Thai 'hoops to jump through' routine I have had good and bad luck during my stay in Thailand, (mainly bad luck actually...), but I'm to blame for a lot of that bad luck.

I think a stint in the hot sands of the Gulf will suit me better (and help my bank balance). I can return to Thailand for leisure, not work

It will take me a few weeks to sort out my new job overseas, and I will certainly continue visiting Thaivisa on a regular basis.

Simon

[Tywais]

It's really not possible to get a work permit under your current visa, it doesn't matter about the clause, it's still an ED Visa.

I suspect that must have changed because I obtained my WP and have been extending it for 15 years under a NON-ED. Guess no new work permits being issued under that visa type now?

[astral]

Ask immigration of they can convert your ED visa to a Non B.

Not sure if it will work, but worth a try.

[PoorSucker]

It's really not possible to get a work permit under your current visa, it doesn't matter about the clause, it's still an ED Visa.

I suspect that must have changed because I obtained my WP and have been extending it for 15 years under a NON-ED. Guess no new work permits being issued under that visa type now?

Probably grandfathered.

[digitalchromakey]

Sole custody is not asked for......

Yes it is. Phuket Immigration require sole legal custody of the child for under 50's to get such an extension.

[thaibkk]

personally, i think we should start to treath thai's in our home country as they threat farang in thailand

GET OUT of the country every few months

you cannot buy land / house

you must register every 90 days where you stay even you did not move

you have to earn 4x more than a national average salary to be able to prove that you can support your wife / family

you have to run out of the country to get a work permit (as if they cannot manage that in thailand itself)

did i forget any other discriminating rascist absurdity ?

and to think there is no social security / no free healthcare / no free schools / no unemployment / no pension for farang working in this country

[Soutpeel]

You have to run out of the country to get a work permit (as if they cannot manage that in thailand itself)

BullSh*t.....your WP is applied for and issued in country, it cant be issued outside of Thailand.....you are thinking about the visa...

[ubonjoe]

You have to run out of the country to get a work permit (as if they cannot manage that in thailand itself)

BullSh*t.....your WP is applied for and issued in country, it cant be issued outside of Thailand.....you are thinking about the visa...

Not just that line, the entire post.