Retirement Visa To Work Visa

[KhunKenAP]

I am in line to receive a job offer from an international company with operations here in Thailand. I know the company will do a lot of the paperwork, including obtaining the work permit, I would just like to know the steps in case of any questions.

I have been on the 800,000 baht in the bank, retirement visa.

Can to be done without having to leave Thailand and coming back in on a 90 day business visa?

[InterestedObserver]

You could be required, by the Labor Department, to have a non-immigrant "B" visa in your passport before they will issue you a work permit. It is generally accepted that you cannot work with a retirement extension of stay.

[Sunbelt Asia]

Unless you are married to a Thai national or plan to invest at least 10 million baht in Thailand, your Non-Immigrant O visa will have to be changed to a Non-Immigrant B (business) visa. You also will be required to obtain a work permit.

The good news here is that the financial requirement is much smaller, so you'll be able to free up that 800,000 baht in the bank if you so desire. You also will NOT have to leave the country as a change-of-visa type application is available.

You said your company will be doing all of this for you, so it should be easy for you. But as you asked about the process, this is what's required:

- Passport or travel document with validity of not less than 6 months.

- Completed visa application form.

- Recent passport-sized photograph (4 x 6 cm) of the applicant taken within the past 6 months.

- Evidence of adequate finance (20,000 Baht per person and 40,000 Baht per family).

- Letter of approval from the Ministry of Labour. To obtain this letter, the applicant’s prospective employer in Thailand is required to submit Form WP3 at the Office of Foreign Workers Administration, Department of Employment, Ministry of Labour Tel. 02-2452745, or at the Provincial Employment Office in his or her respective province. More information is available at www.doe.go.th/workpermit/index.html

- Copy of Work Permit issued by the Ministry of Labour and alien income tax or Por Ngor Dor 91 (only in the case where applicant has previously worked in Thailand).

- Corporate documents of hiring company in Thailand such as:

1) business registration and business license

2) list of shareholders

3) company profile

4) details of business operation

5) list of foreign workers stating names, nationalities and positions

6) map indicating location of the company

7) balance sheet, statement of Income Tax and Business Tax (Por Ngor Dor 50 and Por Ngor Dor 30 of the latest year)

8) value-added tax registration (Por Por 20)

- Document indicating the number of foreign tourists (for tourism business only), or document indicating export transactions issued by banks (for export business only).

N.B.

- An alien who receives a Non-Immigrant visa can work in Thailand once he or she is being granted a work permit. An alien in violation of the Immigration Act B.E. 2522 (1979) concerning taking up employment without work permit or the Royal Decree B.E. 2522 (1979) concerning holding employment in certain restricted occupations and professions shall be prosecuted and imprisoned or fined, or shall face both penalties.

- It is recommended that the applicant should apply for visa at the Thai Embassy/ Consulate in the country where he/she has the residence

Upon entry into the Kingdom, applicant or his or her appointed representatives must apply for a work permit at the Office of Foreign Workers Administration, Department of Employment, Ministry of Labour in which the applicant will be obligated to pay income tax accordingly. If the applicant’s associated company is located in the provinces, the applicant must apply at the Employment Office of that province.

Applicant’s family members (i.e., spouse, parents and children who are

unmarried and under 20 years old) are eligible to apply for a Non-Immigrant Visa (category “O”) and will be allowed to stay for a period of 90 days but no longer than 1 year.

Our expert Legal Advisors can provide you a more detailed information about visa requirements, work permit and company legal issues.

www.sunbeltasia.com

26th Floor Fortune Town BR, 1 Ratchadapisek Rd, 10400 Bangkok

Tel: 02-642-0213 Fax: 02-641-1995

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