Work Permit And Visa

[mads]

I have my work permit which is valid for a year and it will not expire for some time.

My visa however will expire soon and I was told by Sunbelt that to get a one year visa

for your work permit, the company needed some history. Such as vat receipts, social security payment for employees and so forth.

We have all those papers and I'm ready (I assume) to go and talk with immigration. I'm just not sure how to handle a case like

this. Sunbelt can help me out but the fees are a little higher than I am comfortable with. I was hoping with some good advice from

fellow ThaiVisa readers that maybe this is something I can do on my own and save the extra fees.

Any of you guys have any experience dealing with this.

I'm from Denmark by the way if that changes anything.

Thanks in advance !

[beano2274]

Check on the website what is required and do it yourself.

Tax receipts and everything they say is required, is it your own company, if not then maybe someone at the company can assist you.

[lopburi3]

And what you want appears to be a one year extension of stay from Immigration on the basis of your work and meeting the minimum income requirements of your nationality (50k).

(1) The alien must have a temporary visa

(2) The alien must have an income consistent with that set

out in the Income Table attached hereto; (exhibit a)

(3) The business concerned must have a registered capital of

not less than Baht 2 million, fully paid-up;

(4) The business concerned must have duly submitted its

financial statement as at the end of the two fiscal years and

certified by an auditor or tax auditor, showing a sound

financial condition and an on-going active business as

attached order (exhibit

(5) The business needs to employ the aliens

(6) The business concerned must have a ratio of 1 alien to 4

Thai permanent employees.

(7) The following businesses are exempted from the

requirements of clauses (3), (4) and (5), and the ratio of

aliens to Thai employees under clause (6) shall be reduced

to 1:1.

(a) International trade enterprise (Representative Office)

( Regional Office

© Multinational company (Branch Office)

1. Application form

2. Copy of applicant’s passport

3. Certificate of alien’s employment in the format prescribed by the Immigration Bureau

4. Copy of work permit (in the case of change of workplace, an acknowledgment of application

may be used)

5. Copy of evidence proving company registration, such as a certificate of company or partnership

egistration, certified by the registrar within the previous six months

6. Copy of list of shareholders certified by the registrar within the previous six months

7. Copy of balance sheet and profit and loss statement for the latest year, together with income tax

eturn for companies or juristic partnerships and payment receipt

8. Copy of latest monthly withholding income tax return specifying the names of employees and of

he alien applicant together with a copy of payment receipt

9. Copy of the individual income tax return for the latest year and payment receipt (if any)

10. Copy of social security contribution return for the latest month, as filed with the Social Security

Office (Form Sor Por Sor.1-10) and payment receipt

11. Document or evidence proving the necessity of the business to hire the alien, for example, in

case a job opening was posted for Thai candidates but there were no applicants

12. Location map showing the applicant’s workplace and photographs of interior and exterior of the

workplace during business hours

13. Documents or other evidence requested by the Committee monitoring official proceedings of

officers of the Immigration Bureau

14. For an international trade business (representative office), regional office, and overseas company

branch office), documents specified in Criteria 6, 7, and 11 are not required.

[mads]

I was told by Sunbelt that 35K is sufficient the first year and then it needs to be 50k. I hope they did not misinform me.

[lopburi3]

Can only post what Immigration says is the requirement as have never used this type of extension:

ATTACHMENT TO ROYAL THAI POLICE HEADQUARTERS ORDER NO. 777/2551 dated

November 25, 2008 Income Table Referred to Clause 2.1 (2)

Nationality Minimum Income

1. European countries (except Russia), Australia

continent, Canada, Japan, and U.S.A. Baht 50,000/month

2. South Korea, Singapore, Taiwan and Hong Kong Baht 45,000/month

3. Asian countries (except Japan, South Korea,

Singapore, Taiwan, Hong Kong, Cambodia,

Myanmar, Laos and Vietnam), South America

continent, Countries in Eastern Europe, Countries in

Central America, Mexico, Turkey, Russia and South

Africa

Baht 35,000/month

4. African countries (except South Africa), Cambodia,

Myanmar, Laos and Vietnam Baht 25,000/month

[mads]

I forgot to thank you Lopburi3 for your detailed and very helpful post. Thank you!

[PoorSucker]

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.

[Nikki1611]

Hi, I'm just curious. What happens if a company doesn't pay according to the national minimum income (but lesser). thanks!

[lopburi3]

You mean less than the 150 (and various) baht per day and (or 300 baht per day proposed level)?

The post 5 requirements are for foreigners to extend there stay. If paid less you would not be able to extend your stay (and might have a hard time even getting a work permit).

[Nikki1611]

Hi Lopburi, for instance according to national minimum income (in exhibit A) he should be earning 35000baht a month but instead company pays him 30000baht a month. Is this legal?

[lopburi3]

As I tried to point out that is not a national minimum income (which is set at about 150 baht per day but varies by area) - new proposal is 300 baht per day nationwide which would be less than 10k per month.

The 50k and such requirement is for a foreigner to obtain an extension of stay (and in some cases may be used by Labor to issue a work permit). There is no requirement for employer to pay such a wage to anyone.

[Nikki1611]

Thanks for your clear reply Lopburi. I realized i wrote wrongly. It should be Nationality (not national) Minimum Income. Nevertheless you have kindly replied to my queries too. regards

[Udox]

As I tried to point out that is not a national minimum income (which is set at about 150 baht per day but varies by area) - new proposal is 300 baht per day nationwide which would be less than 10k per month.

The 50k and such requirement is for a foreigner to obtain an extension of stay (and in some cases may be used by Labor to issue a work permit). There is no requirement for employer to pay such a wage to anyone.

I believe they don't worry about how much actually goes into your bank account as long as you are paying the tax etc. on the equivalent of 50k per month (or whatever the minimum is for your nationality) - and can prove it

[Mario2008]

But you would make a false statement regarding your income in order to obtain an extension of stay on false grounds.

[Udox]

But you would make a false statement regarding your income in order to obtain an extension of stay on false grounds.

Correct and my sentiments exactly

I took that statement to the Labour Court (as part of a related claim) - and was smiled at politely. Thats as far as it went, and was told (quote) "but this is Thailand" (unquote)

[tombkk]

Whatever happened to the two-year work permit and extension of stay? I had one with my previous company.

My Thai friends in Europe get between 10 years and permanent after staying and working (paying taxes) for 5 years and more.

[digitalchromakey]

Here are some more deatails of the paperwork you may be asked to produce.

[Mario2008]

Whatever happened to the two-year work permit and extension of stay? I had one with my previous company.

My Thai friends in Europe get between 10 years and permanent after staying and working (paying taxes) for 5 years and more.

That is for employees of companies falling under the BOI only.

The 2 year work permit is now availeble for all, but depends on the labour office and presumably the contract. I don't think you get 2 years on a 1 year contract.

[Soutpeel]

But you would make a false statement regarding your income in order to obtain an extension of stay on false grounds.

Correct and my sentiments exactly

I took that statement to the Labour Court (as part of a related claim) - and was smiled at politely. Thats as far as it went, and was told (quote) "but this is Thailand" (unquote)

And of course the company will say they are in fact paying the THB 50k a month as a gross amount and paying tax on 50k and then taking "other deductions" from the gross so the net is less, there is nothing the regs which says the THB 50k/m has to be a net amount, so would be very easy for the company to suggest they are not making a false statement..... so could well understand why the labour court would not go down this road.

[Mario2008]

The income is always gross, not after taxes. if a company would make deductions, I guess they must account for it as to why and for how much.

I didn't hear of people investigated if they indeed recieved an income of 50,000 or only on paper. However, if one for example applies for Thai nationality there is an investigation, and that includes the income.

[tombkk]

The income is always gross, not after taxes. if a company would make deductions, I guess they must account for it as to why and for how much.

I didn't hear of people investigated if they indeed recieved an income of 50,000 or only on paper. However, if one for example applies for Thai nationality there is an investigation, and that includes the income.

If you have the income, there is a paper trail. Either the company transfers the amount from their account into yours, or the company withdraws cash to pay all employees in cash. the net (not gross) amounts must match, and the company pays the witholding tax to the tax office (witholding for the employees' yearly income tax report).

Anybody who tries to cheat on this can be found out easily. The government is obliged to follow up on any reported case of possible fraud. Of course, it can all go well for many years if nobody reports, but who would want to take the risk.