Help For A British Citizen

[mawbell]

I just found this forum and I really hope someone has some helpful information. I work in the U.S. for a manufacturing company and we have contracted a British citizen who lives in Thailand with his Thai wife (maybe girlfriend) to work as a service man. As a part of his job, he must travel within Thailand and outside of Thailand to customer's plants as needed. Right now that is very difficult. I am not sure of the exact time frames and such, but he can only stay in Thailand for a certain amount of time and then must leave and then re-enter. Maybe someone can explain that to me too

For him to become a Thai citizen, what is involved? What is the cost of completing a citizenship? Any other tips or information that can make his travel for work easier. In case someone is wondering, our company does not have an office in Thailand. We have a single office in the US. He is a contract worker and is not on our payroll.

Thank you,

Melissa

[Mario2008]

The only option for him is to start his own company in Thailand, which then hires him together with some Thai nationals. or your comapny formaly extablishing a subsidary in Thailand and hiring him and a few Thai nationals.

Aquiring Thai nationality is impossible for him, unless he is in Thailand for at least 5 years on yearly extension. it is a very difficult process and only for in the far future.

It is uncertain if the man you contracted is working legaly at the moment. Does he has a work permit?

Edited December 9, 2008 by Mario2008

[Soutpeel]

I just found this forum and I really hope someone has some helpful information. I work in the U.S. for a manufacturing company and we have contracted a British citizen who lives in Thailand with his Thai wife (maybe girlfriend) to work as a service man. As a part of his job, he must travel within Thailand and outside of Thailand to customer's plants as needed. Right now that is very difficult. I am not sure of the exact time frames and such, but he can only stay in Thailand for a certain amount of time and then must leave and then re-enter. Maybe someone can explain that to me too

For him to become a Thai citizen, what is involved? What is the cost of completing a citizenship? Any other tips or information that can make his travel for work easier. In case someone is wondering, our company does not have an office in Thailand. We have a single office in the US. He is a contract worker and is not on our payroll.

Thank you,

Melissa

First of all it sounds like the person is working illegally in Thailand anyway, to work in Thailand one requires a work permit.

To get PR (even with PR, you still have to apply for a WP) and then citizen takes years, and there is a very strong possiblity he will be rejected somwhere in the process.

To work in Thailand on a "permanent" basis he needs to be working for a Thai entity that will apply for his WP and if he qualifies under the extension of criteria ie salary he wouldnt have to leave the country while working for that company.

[garyh]

Perhaps a simple solution is to find a Thai company that can employ him with a WP and then do the work required through that company with whatever legal agreements are neccessary to protect your interests.

[KamnanT]

I am not sure of the exact time frames and such, but he can only stay in Thailand for a certain amount of time and then must leave and then re-enter. Maybe someone can explain that to me too

To explain the permitted length of stay, it would be helpful to know what type of visa he is currently using to stay in Thailand. He could be using one or more of the following methods:

1. Visa Exempt Entry

British nationals (and those of most developed economies) can enter Thailand without a visa for a period of up to 30 days (if arriving by air) or 15 days (if arriving by land) for tourism purposes (not for work). After 30 (or 15) days, one can leave Thailand and return (the same day, if desired) and receive another 30 (or 15) days. The limit on visa exempt entry is no more than 90 days in Thailand in any 6 month period. Not very practical for a long-term stay, although some do it.

2. Tourist Visa

A tourist visa issued at a Thai Consulate or Embassy allows the holder to remain in Thailand for up to 60 days and can be extended for a further 30 days at any Immigration office in Thailand upon payment of a fee of 1,900 baht. Many Thai consulates and embassies will issue tourist visas permitting 2, 3 or even 4 entries, each one of which can be used to stay up to 90 days. Again, this type of visa is for tourism purposes only and holders are not permitted to work or undertake formal study in Thailand.

3. Non-Immigrant Visa

The "Non-Imm" visa is for those who are coming to Thailand for reasons other than tourism. There are a number of sub-categories, but I would venture that your serviceman has a Non-Immigrant "O" visa, which covers a number of purposes including visiting relatives. Non-Thai spouses of Thai nationals normally reside in Thailand with a Non-Imm "O", a Non-Imm "O-A" (retirement) or a Non-Imm "B" (business, for those who are working).

A Non-Immigrant visa in any sub-category can be single-entry or multiple-entry and is normally valid for one year from the date of issue. On each entry the holder is permitted to stay for up to 90 days. After 90 days the holder must leave Thailand and return. Assuming the visa is multiple-entry and within its one year validity, the holder will be permitted to stay for another 90 days. One exception is the "O-A" (retirement) sub-category, for which the permitted period of stay on each entry is one year instead of 90 days.

Rather than leaving Thailand every 90 days, holders of Non-Immigrant visas can apply for an extension of stay at their local Immigration office in Thailand. Once granted, extensions of stay are normally for one year and the holder is not required to leave Thailand until the end of the extension period. The criteria used by Immigration to determine if the holder is entitled to an extension vary by sub-category (and often by Immigration officer). For the non-Thai spouse of a Thai national who is on a Non-Imm "O", extensions require proof of either 400,000 baht in a Thai bank account or 40,000 in monthly income earned by the non-Thai spouse.

It is likely that your serviceman has a multiple-entry Non-Immigrant "O" visa but for some reason does not qualify for a one year extension of stay. Thus the requirement to leave Thailand every 90 days.

Others on the thread have pointed out that regardless of visa status, your serviceman needs a work permit to work in Thailand.

Edited December 9, 2008 by KamnanT

[nonthaburial]

I just found this forum and I really hope someone has some helpful information. I work in the U.S. for a manufacturing company and we have contracted a British citizen who lives in Thailand with his Thai wife (maybe girlfriend) to work as a service man. As a part of his job, he must travel within Thailand and outside of Thailand to customer's plants as needed. Right now that is very difficult. I am not sure of the exact time frames and such, but he can only stay in Thailand for a certain amount of time and then must leave and then re-enter. Maybe someone can explain that to me too

For him to become a Thai citizen, what is involved? What is the cost of completing a citizenship? Any other tips or information that can make his travel for work easier. In case someone is wondering, our company does not have an office in Thailand. We have a single office in the US. He is a contract worker and is not on our payroll.

Thank you,

Melissa

A little difficult to answer with what you have provided. however you yourself appear to be very unsure about this guy you are not sure if he is married or not, which could have a bearing on what Visa he holds.

As mentioned by others, to work here without a Work permit is not a good idea. You also stated that he is not on your payroll ! If thats the case how does he get paid for his efforts ?

If he is paid locally then it could be even more dangerous as the tax man will need to know.

May I ask what line of business you are involved with

[Indo-Siam]

Hello Melissa -

I have sent you a Private Message to describe the "employer of record" services that my company provides for overseas employers wishing to arrange for a local employer in Thailand - including the ability to provide work permit, and in some cases, an extended entry permit, for your local employee.

Steve Sykes

Managing Director

Indo-Siam Group

Bangkok