What Type Of Visa During Probation?

[live]

Hello guys, I am holding a 3-month tourist visa now, and a company going to hire me, the probation time will be half year, if I pass the probation, then they can do work permit for me.

So my question is during this half year probation period work, what kind of visa will I hold? will the company do visa for me?

Thank you for you replying at advance!

Edited February 4, 2011 by live

[Lite Beer]

Moved to Visas.

[Lite Beer]

You need a Non Imm B Visa and a Work Permit. Without the Work Permit you will be working illegally.

Ministry of Labour.

[Soutpeel]

Yeap....There are no provisions for persons under probation....you would be working illegally

[PoorSucker]

You will need a non-B visa and work permit.

You can not work on probation without a work permit.

The company must provide you with documentation for a non-B visa.

You must then travel out of the country to consulate abroad to get a single entry non-B.

After that you can apply for extension of stay based on employment.

Non-Immigrant Visa Category “B” (Business Visa) is issued to applicants who wish to enter the Kingdom to work or to conduct business.

(1) Foreigners who wish to work in Thailand must provide the following documents:

- 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

Extension of Thai Business Visa

The Thai "B" or Business Visa can be extended to a one year visa in country as follows.

The extension of the visa is normally based on employment and as such there are certain regulations governing the company who is employing you.

These are the regulations for the extension of the "B" Business Visa:

1. The business must be registered in Thailand.

2. The company must be capitalized to at least Baht 2 Million while operating fund must be at least Baht 1 Million.

3. The company must have a ration of at least 4 : 1 - Four Thais for every foreigner.

4. You must earn at least in accordance with the level specified for each nationality by the Labour Department.

Duration of the Extension

- One year at a time.

Documents required for the extension:

1. Application form (T.M. 7 )

2. Passport or document used in lien of passport and its copies .

3. The applicants 4 x 6 cm. photograph .

4. Extension fee Baht 1,900.-

5. The company letters certifying as follows ;

- Nature of business

- Reason or necessity in employing the applicant his / her position, salary and education background.

- Number of Thai and foreign employees.

6. Copies of work permit or receipt of work permit application.

7. Company's annual balance sheets.

8. The juristic persons Annual Income Tax Declaration Form (Form No.50) of the latest year and its receipt of payment.

9. Thai employees Monthly Income Tax Declaration Form (Form No.1 ) of the latest month and its receipt of payment.

10. The applicants Annual Income Tax Declaration Form (Form No.91) of the latest year and its receipt of payment.

11. The official letter that certify the registration of such juristic person.

12. Business Registration or Business License.

13. Value Added Tax Registration and list of share holders.

14. A map that indicate location of the Company.

15. For those who operate export business, the documentary evidence clarifying its export activities is needed.

16. For those who operate tourism business, the documentary evidence clarifying its total number of tourist that brought in by the company is needed.

N.B. In case of necessity , documents No.7 , 8 , 9 , and 10 can be substituted by the company letters stating its reason.

Edited February 4, 2011 by PoorSucker

[Richard4849]

You must have a work permit in hand before starting any kind of work -- probation or no probation.

[live]

so you said even during the probation, I should have work permit which the company should provide me ?

but the company said they will do work permit only if I can pass the 6-month probation period. so in this case should I go to work in this company?

it's kind of illegal? don't provide work permit for me during probation?

[live]

You will need a non-B visa and work permit.

You can not work on probation without a work permit.

The company must provide you with documentation for a non-B visa.

You must then travel out of the country to consulate abroad to get a single entry non-B.

After that you can apply for extension of stay based on employment.

Non-Immigrant Visa Category “B” (Business Visa) is issued to applicants who wish to enter the Kingdom to work or to conduct business.

(1) Foreigners who wish to work in Thailand must provide the following documents:

- 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

Extension of Thai Business Visa

The Thai "B" or Business Visa can be extended to a one year visa in country as follows.

The extension of the visa is normally based on employment and as such there are certain regulations governing the company who is employing you.

These are the regulations for the extension of the "B" Business Visa:

1. The business must be registered in Thailand.

2. The company must be capitalized to at least Baht 2 Million while operating fund must be at least Baht 1 Million.

3. The company must have a ration of at least 4 : 1 - Four Thais for every foreigner.

4. You must earn at least in accordance with the level specified for each nationality by the Labour Department.

Duration of the Extension

- One year at a time.

Documents required for the extension:

1. Application form (T.M. 7 )

2. Passport or document used in lien of passport and its copies .

3. The applicants 4 x 6 cm. photograph .

4. Extension fee Baht 1,900.-

5. The company letters certifying as follows ;

- Nature of business

- Reason or necessity in employing the applicant his / her position, salary and education background.

- Number of Thai and foreign employees.

6. Copies of work permit or receipt of work permit application.

7. Company's annual balance sheets.

8. The juristic persons Annual Income Tax Declaration Form (Form No.50) of the latest year and its receipt of payment.

9. Thai employees Monthly Income Tax Declaration Form (Form No.1 ) of the latest month and its receipt of payment.

10. The applicants Annual Income Tax Declaration Form (Form No.91) of the latest year and its receipt of payment.

11. The official letter that certify the registration of such juristic person.

12. Business Registration or Business License.

13. Value Added Tax Registration and list of share holders.

14. A map that indicate location of the Company.

15. For those who operate export business, the documentary evidence clarifying its export activities is needed.

16. For those who operate tourism business, the documentary evidence clarifying its total number of tourist that brought in by the company is needed.

N.B. In case of necessity , documents No.7 , 8 , 9 , and 10 can be substituted by the company letters stating its reason.

thank you your information is appreciated!

can I know the source, the link? so i will quote this to the company

[Lite Beer]

It is totally illegal. You risk jail,fine,deportation if found out.

The decision is up to you.

[Mario2008]

Working without a work permit is punishable with a jail term of up to 5 years and/or a fine of up to 100,000 baht.

If they don't want to issue you a work permit (and contract etc) till after the probation I would seriously reconsider working for them.

[Soutpeel]

but the company said they will do work permit only if I can pass the 6-month probation period. so in this case should I go to work in this company?

it's kind of illegal? don't provide work permit for me during probation?

Yes its illegal...as to the other part of the question only you can answer that...

But if you do work for them without a WP and are caught you are just as gulity as the company

[Soutpeel]

You must have a work permit in hand before starting any kind of work -- probation or no probation.

not quite true....you can work while "under consideration".....ie while the Labour dept is processing and issuing your WP....could take a week, could take 3 months

[Richard4849]

You must have a work permit in hand before starting any kind of work -- probation or no probation.

not quite true....you can work while "under consideration".....ie while the Labour dept is processing and issuing your WP....could take a week, could take 3 months

Thanks, I was not aware that was the case.

[live]

You must have a work permit in hand before starting any kind of work -- probation or no probation.

not quite true....you can work while "under consideration".....ie while the Labour dept is processing and issuing your WP....could take a week, could take 3 months

I am confused again, can you explain "under consideration". that must be 2 result right? accept or reject

so which one is right?

1. company will give me 6-month probation without WP. after 6-month, they will agree to do WP for me

or 2. the company should start to process my WP during my probation time, so that i can work during probation, while the labour dept are processing my WP. so that i can get my WP before i finished probation time

Edited February 4, 2011 by live

[Lite Beer]

You need to apply for the Work Permit before starting work.

You also need the appropriate Visa before starting work.

[whybother]

I am confused again, can you explain "under consideration". that must be 2 result right? accept or reject

so which one is right?

1. company will give me 6-month probation without WP. after 6-month, they will agree to do WP for me

or 2. the company should start to process my WP during my probation time, so that i can work during probation, while the labour dept are processing my WP. so that i can get my WP before i finished probation time

You can not work unless you have, or have applied for, a work permit.

The company needs to apply when you start your probation period, if not before.

From above comments, it could take a week to a couple of months to get the WP, well before your probation finishes.

[PoorSucker]

can I know the source, the link? so i will quote this to the company

Ministry of foreign affairs

Thailand-immigration (not official immigration site)

Also check that you can work in that position.

Prohibited types of work

Also check out.

Working of Aliens Act B.E .2551

Edited February 4, 2011 by PoorSucker

[live]

so in my case, I will go the the company, ask them to provide me documents for non-b visa, then I go back my country, get a new non-b visa come to thailand again , and apply for WP, and then start my probation , is that right?

PS: is probation period a standard 3 month only ? or totally depends on company? what ever how long they want?

Edited February 4, 2011 by live

[JimsKnight]

so you said even during the probation, I should have work permit which the company should provide me ?

but the company said they will do work permit only if I can pass the 6-month probation period. so in this case should I go to work in this company?

it's kind of illegal? don't provide work permit for me during probation?

Yup, looks like they want to 'swing rider' you on in and hope no legal entanglements come your way. If they do, you could find yourself between a rock and hard place.

So it's up to you what you do now.

Either step up, stand and deliver or step out. Your call...

[live]

so you said even during the probation, I should have work permit which the company should provide me ?

but the company said they will do work permit only if I can pass the 6-month probation period. so in this case should I go to work in this company?

it's kind of illegal? don't provide work permit for me during probation?

Yup, looks like they want to 'swing rider' you on in and hope no legal entanglements come your way. If they do, you could find yourself between a rock and hard place.

So it's up to you what you do now.

Either step up, stand and deliver or step out. Your call...

I see, I guess they think I don't have experience work in thailand before, so I may not know the procedure. and easy to fool me

in this case of course i will not go to any company without providing me a WP before i start to work

[Soutpeel]

You must have a work permit in hand before starting any kind of work -- probation or no probation.

not quite true....you can work while "under consideration".....ie while the Labour dept is processing and issuing your WP....could take a week, could take 3 months

I am confused again, can you explain "under consideration". that must be 2 result right? accept or reject

so which one is right?

1. company will give me 6-month probation without WP. after 6-month, they will agree to do WP for me

or 2. the company should start to process my WP during my probation time, so that i can work during probation, while the labour dept are processing my WP. so that i can get my WP before i finished probation time

In the situation you are in the "under consideration" thing does not apply for you, typically what should happen is as follows:

Company wants to employ you and provides you with a whole host of company paper work + the receipt that your WP has been applied for...

You go to another country such as Singapore and hand in your passport + all the provided paper work from the company.....return the next day and pick up your PP which now has a non-imm B in it, return to Thailand and you can start work.....you are now "under consideration" until your WP is issued.

What your company wants you to do is to work only on a Non-imm B for 6 months with no WP or under consideration.....this is illegal..

[live]

Oh , another thing, the company said "we decide to hire you , but we are not sure whether you can handle the job or not, so we will give you a probation time,if you pass, we will apply WP for you"

is this a bullshit ? I mean the company knows that I can only work even during probation while I am holding WP right?

[Soutpeel]

Oh , another thing, the company said "we decide to hire you , but we are not sure whether you can handle the job or not, so we will give you a probation time,if you pass, we will apply WP for you"

is this a bullshit ? I mean the company knows that I can only work even during probation while I am holding WP right?

Its bullshit.....even during probation you need a WP whether you can do the job or not is irrelevant...IMHO the company is taking you for a ride because they either dont want to pay for the WP/application or cant legally get a WP...

What sort of job is it BTW....?

[live]

You must have a work permit in hand before starting any kind of work -- probation or no probation.

not quite true....you can work while "under consideration".....ie while the Labour dept is processing and issuing your WP....could take a week, could take 3 months

I am confused again, can you explain "under consideration". that must be 2 result right? accept or reject

so which one is right?

1. company will give me 6-month probation without WP. after 6-month, they will agree to do WP for me

or 2. the company should start to process my WP during my probation time, so that i can work during probation, while the labour dept are processing my WP. so that i can get my WP before i finished probation time

In the situation you are in the "under consideration" thing does not apply for you, typically what should happen is as follows:

Company wants to employ you and provides you with a whole host of company paper work + the receipt that your WP has been applied for...

You go to another country such as Singapore and hand in your passport + all the provided paper work from the company.....return the next day and pick up your PP which now has a non-imm B in it, return to Thailand and you can start work.....you are now "under consideration" until your WP is issued.

What your company wants you to do is to work only on a Non-imm B for 6 months with no WP or under consideration.....this is illegal..

should the company cover me all the fee_(visa fee, air ticket ...etc) that I do a non-b visa back in my country?

[live]

Oh , another thing, the company said "we decide to hire you , but we are not sure whether you can handle the job or not, so we will give you a probation time,if you pass, we will apply WP for you"

is this a bullshit ? I mean the company knows that I can only work even during probation while I am holding WP right?

Its bullshit.....even during probation you need a WP whether you can do the job or not is irrelevant...IMHO the company is taking you for a ride because they either dont want to pay for the WP/application or cant legally get a WP...

What sort of job is it BTW....?

I think they want to take advantage of me, they don't want to pay for WP. the company is a local one, the job is sort of customer service/marketing related, job itself is not prohibited.

[PoorSucker]

should the company cover me all the fee_(visa fee, air ticket ...etc) that I do a non-b visa back in my country?

No.

With correct paperwork you can get a single entry non-B in Malaysia or Laos.

[Soutpeel]

should the company cover me all the fee_(visa fee, air ticket ...etc) that I do a non-b visa back in my country?

That is between you and the company, but typically a reputable company will pay all costs associated with getting your visa & WP, flights/hotels, visa fee's WP costs etc

Certainly been the case in all the companies I have worked for.

FYI....there is no rule saying you have to go back to your own country to get the Non-imm B...it can be done locally in SEA, with the expection of certain nations, believe Indian nationals are one which have to go back to India to get the Non-imm B....could be wrong on this one

[live]

should the company cover me all the fee_(visa fee, air ticket ...etc) that I do a non-b visa back in my country?

That is between you and the company, but typically a reputable company will pay all costs associated with getting your visa & WP, flights/hotels, visa fee's WP costs etc

Certainly been the case in all the companies I have worked for.

FYI....there is no rule saying you have to go back to your own country to get the Non-imm B...it can be done locally in SEA, with the expection of certain nations, believe Indian nationals are one which have to go back to India to get the Non-imm B....could be wrong on this one

thank you for your mention, but it's ok for me to return China instead of going to other country to do the non-b visa

anyway this is not the most that I concert.

[live]

so in my case, I will go the the company, ask them to provide me documents for non-b visa, then I go back my country, get a new non-b visa come to thailand again , and apply for WP, and then start my probation , is that right?

PS: is probation period a standard 3 month only ? or totally depends on company? what ever how long they want?

[Soutpeel]

so in my case, I will go the the company, ask them to provide me documents for non-b visa, then I go back my country, get a new non-b visa come to thailand again , and apply for WP, and then start my probation , is that right?

PS: is probation period a standard 3 month only ? or totally depends on company? what ever how long they want?

No get the paper work from the company + the receipt which proves your WP has been applied for and then go and get your Non-imm B.

I am 90% certain if you get your non-imm B and come back to Thailand and then apply for the WP, the company will not do the application for you, and you will be working illegally, just having a Non-imm B on its own does not allow you to work..the WP (Blue book) is the key

Probation is typically 3 months