Non Immigrant O Type Visa And Work Permit

[Nadica]

hello everyone, i have been checking the topics about Non imm. O type visa and work permits but I need some additional info regarding my situation.

I have learned that once obtained Non immigrant type O visa from a Thai embassy abroad I can enter in the country and apply for a work permit in the next 90 days. This would mean that I would not have to make the visa run since the work permit is valid for 1 year.

After few phone calls and meeting other people I was informed that this process is not simple as it seems. The newest information I got is that after obtaining a Non O type visa, arriving in Thailand and requesting and getting work permit I MUST do do the visa run so that with my next entrance in the country the immigration officer would stamp me Non immigrant B type visa in the passport. What of this information is trye?

Did anybody had this situation? Anybody got any tip?

Thanks

[lopburi3]

Your information is totally wrong. No visa provides for issue of a work permit - only employment allows that. A non immigrant visa allows a stay of only 90 days regardless of holding a work permit or not. To stay longer would require an extension of stay from Immigration inside Thailand and meeting additional requirements.

You do not need any special visa to apply for a work permit - but to have it issued you must have a non immigrant visa allowing it to be issues (normally non immigrant B if not married). You can get that visa after making application at a local Consulate with company paperwork and receipt for work permit application.

[monty]

I think the proper procedure in your case would be to arrive and apply for your work permit. It actually is your employer who supplies all paperwork and applies for your work permit (although for the initial visit to labor department you have to go along).

The WP should be issued without problem on a non immigrant-o visa, unless it is extended to 1 year based on retirement.

Once you have the work permit, and both you (enough salary) and your employer (2 years audited book keeping, enough Thai staff and registered capital) qualify, you can then apply for a 1 year extension.

[Nadica]

I just realised that I didnot mentioned that upon arrival in Thai with non imm O type visa I/we plan to open a business in Thai. Propably that would help about getting a work permint no?

My confusion is that after my visa expires do I have to make a visa run to renew it? I have read that the validity of the visa (extention to stay) and validity of the WP are 2 different things and myst be renewed accordingly.

I am trying to find a info and a way (if there is) to do not have to go out of thailand in order to get visa renewal or extension.

[thaiphoon]

Your permission to stay and work permit are indeed 2 different things, and are dealt with by two different Government departments.

A multiple entry Non-O visa, which I believe is what you plan to obtain, is valid for 12 months giving you a 90 day permission to stay on each entry. You will have to do border runs every 90 days. Do a border run just before your visa expires and you will get a further 90 days permission to stay on entry, stretching your visa to 15 months.

Looking at your previous posts you are an Italian family. To establish your own business in Thailand you would need to set up Thai company which needs to be capitalised at minimum of THB 2 million. 25% of that amount needs to be paid up, ie, paid into company's bank account to run the business. The balance can show in company accounts as money due from the shareholders. Farangs can only own a maximum of 49% of the shares in the company so you need Thai shareholder(s) for the remaining 51%. There are restrictions as to what businesses farangs can operate as detailed in the Foreign Business Act. You need to employ 4 Thais to obtain a work permit sponsored by your company, but labour office may be flexible for new business start up. Note that working in Thailand without a work permit is illegal and the penalties if caught can be severe.

Have a look at the following link for more information

http://www.boi.go.th/english/how/legal_iss...n_investors.asp

You cannot obtain 12 month extension of stay based on employment for 2+ years, as is a requirement to provide 2 years audited accounts/tax receipts. You would therefore have to accept in the interim period being on Non-O or Non-B visa and having to make border runs every 90 days.

[Sunbelt Asia]

Dear Nadica,

In order to obtain a work permit you must in fact have a either a Non-Immigrant B visa (business) or a Non-Immigrant O visa based on marriage. If your intention is to come to Thailand to work, I would recommend arriving on a Non-Immigrant B visa.

You will need to get the work permit obtained during the 90 day period upon entering the Kingdom. Once you have the work permit and you reach the end of the 90 day period, you will be able to extend your Non-Immigrant visa and obtain a new one year visa. You will have the option of either a single entry or a multiple entry. Although the multiple entry will cost 3,800 Baht, it provides you with the convenience of not having to pay 1,000 baht for a re-entry permit everytime you leave the country under this visa.

For a free consultation please contact Sunbelt Asia on 02-642-0213.

Best regards,

Foreign Business Advisor

Sunbelt Asia Co. Ltd

www.sunbeltasia.com

[email protected]

Edited February 12, 2010 by Sunbelt Asia

[lopburi3]

You will not have any option for a visa inside Thailand. It is a one year extension of stay from Immigration (not a visa) and does not allow travel outside of Thailand. For travel you would have to obtain a re-entry permit prior to leaving Thailand. They are available in single at 1,000 baht or multi at 3,800 baht. They keep your current extension permitted to stay date alive. The extension of stay costs 1,900 baht. Obtaining such an extension of stay will require meeting company and income requirements in place at time of application.

If you can not meet the extension of stay requirements you must obtain new visa/entry from outside Thailand. This can be single entry (available most places) or multi entry (not available most places and more requirements). Any such visa will require exit of country every 90 days.