Getting A Work Permit Locally In Ne Thailand

[boloa]

Hi...

I was a member of a local forum in Isaan that has many Westerners advertise their local business's on the site ( Bars,Restaurants and alike ).As I am thinking of starting up a business I asked how the local guys obtained their work permits locally .I got no reply ??? .So I asked on their shout box and asked their Admin ( that I know has several business's in the area ) how he gets his work permit as I want first hand info .He told me to google it..When I asked him again where he get his and what was the best way to obtain mine he banned me.

It does make me laugh that the same forum goes on about corruption and how bad it is in Thailand whist at the same time these guys maybe working with no permits and fling below the radar so as not to pay tax or go though the hassle of doing things correctly

So to obtain a work permit in lower Isaan .....what do I have to do.I am married and have an idea to start a business,Should I just put it in my wifes name and use her as a front or should I do it legally . As I will be the front-man for the business I don't want to end up getting deported just for the sake of paying a few 1000 baht each month .

Edited November 4, 2011 by boloa

[Soutpeel]

you would be better to do it legally, have a talk to the nearest DOL to you

[mizzi39]

Put it in your wife's name and register the business as a "family business". This is what most farangs do in Issan. I don't know any that have WP ( though, all have marriage O visas) since they are technically not "working" at the business.

If you are an American you can obtain a license and register as an American owned company. The license can be transferred only to another American.

Look up the Treaty of Amity for more info.

Edited November 4, 2011 by mizzi39

[boloa]

Put it in your wife's name and register the business as a "family business". This is what most farangs do in Issan. I don't know any that have WP ( though, all have marriage O visas) since they are technically not "working" at the business.

Technically yes, but they are...What are the chances of me getting asked to produce paperwork ( work permits ) if i do as you suggest

[Soutpeel]

Put it in your wife's name and register the business as a "family business". This is what most farangs do in Issan. I don't know any that have WP ( though, all have marriage O visas) since they are technically not "working" at the business.

Technically yes, but they are...What are the chances of me getting asked to produce paperwork ( work permits ) if i do as you suggest

The chances are most likely very slight, but this is always the chance, certainly if you upset someone and they decide to report you.

[boloa]

Working rules relaxed by change in regulations

Published: 6/09/2011 at 12:00 AM

Newspaper section: Business

In the past, only foreigners who were employed by a Thai company could apply for work permits. However, on June 13 this year the regulations for obtaining work permits changed and the following conditions apply:

- A foreigner who is employed by an offshore company can obtain a work permit in Thailand under the offshore company's name, subject to certain conditions. (Note that this may create a corporate tax problem for the offshore company creating a "permanent establishment" and subjecting it to Thai corporate income tax.)

- A foreigner who is self-employed or is an independent service provider can obtain a work permit in Thailand, subject to conditions.

- A foreigner will be able to personally obtain an urgent work permit from the Department of Labour at Suvarnabhumi Airport 24 hours, seven days a week before starting work or attending a meeting or seminar in Thailand.

- A foreigner who is employed by a Thai company can obtain a work permit from the Department of Labour in the area in which the company is located.

- There will no longer be pre-approval for work permits for foreigners who have not yet entered Thailand; the Department of Labour will issue a document acknowledging receipt of a request for pre-approval for a work permit so that a non-immigrant category "B" business visa can be obtained from the Royal Thai Embassy.

Although the Alien Working Act has been revised to make it easier for foreigners to work in Thailand, the immigration law still has not been amended and the foreigner still faces the challenge of extending the visa in order to reside long-term in Thailand.

The immigration law still requires foreigners to have a Thai company as an employer when applying for a long-term visa and there are still restrictions on the number of visas a Thai company can sponsor.

In order to comply with the immigration law, once a foreigner has acquired a work permit to legally work in Thailand, but cannot extend the visa because there is no Thai employer (or the Thai employer has exhausted its visa quota), he or she may consider applying for a "multiple" non-immigrant "B" visa at a Thai embassy outside Thailand in order to be able to leave the country every 90 days. Once the foreigner returns to Thailand, he or she will be granted another 90-day stay in Thailand.

For foreigners who are self-employed engaging in a restricted activity under List 3 of the Foreign Business Act, they would have to comply with the Foreign Business Act by applying for a business licence before performing such business activity.

Reminders and caveats: In order to work in Thailand, there are two important aspects:

- Non-Immigrant B Visa. First, you need to apply for a Non-Immigrant Visa category "B" at the Royal Thai Embassy or Consulate in the country of residence. Each Thai embassy appears to have a different list of documentation required when considering a non-immigrant visa application.

Our advice is to call your local Thai embassy or consulate to confirm its current requirements. Details of embassies and consulates can be found at www.mfa.go.th.

- Work Permit: Once you have obtained the "B" visa, you can enter the country and apply for a work permit from the Department of Employment, Ministry of Labour.

You may work in Thailand if you have a valid visa and a work permit and are able to perform work that is not in violation of the Alien Employment Act. There are 39 prohibited occupations prescribed in the Ministerial Regulations. Foreigners who do work reserved solely for Thais are liable to imprisonment of up to five years and/or fines ranging from 2,000 to 100,000 baht.

Once you receive the work permit, it is very important to keep it with you or in the office to show to government officers if they come by your office to check if anyone is working without a permit. Anyone who violates this rule will be fined up to 1,000 baht. Penalties for working without a permit include imprisonment of up to three months and/or a fine of up to 5,000 baht.

In addition, you must perform the work stated on your permit. If you perform different work or change the locality of the work, you must get approval first. Anyone who violates this rule will face up to one month in jail and/or a fine of up to 2,000 baht.

Currently, the main Office of Foreign Workers Administration, Department of Employment, Ministry of Labour is on Mit-Maitree Road, Dindaeng Bangkok 10400, tel 02-245-2745 and the One Stop Service Center for Visa and Work Permits, Department of Employment is on the 18th Floor, Chamchuri Building, 319 Phayathai Road, Pathumwan, Bangkok 10330, tel 02-209-1100. There is also a call centre at 1178.

While the changes in the ministerial regulations are a helpful step in the right direction, complications remain due to the lack of harmonisation between the Immigration law and the Alien Working Act.

-----------------------------------------------------------------------------------------------------------------------------------------------------------------------------

Read this and now I'm even more confused

Is it now possible to self- employed legally without a company. Have anybody tried to get work permit under these new rules

[Soutpeel]

Working rules relaxed by change in regulations

Published: 6/09/2011 at 12:00 AM

Newspaper section: Business

In the past, only foreigners who were employed by a Thai company could apply for work permits. However, on June 13 this year the regulations for obtaining work permits changed and the following conditions apply:

- A foreigner who is employed by an offshore company can obtain a work permit in Thailand under the offshore company's name, subject to certain conditions. (Note that this may create a corporate tax problem for the offshore company creating a "permanent establishment" and subjecting it to Thai corporate income tax.)

- A foreigner who is self-employed or is an independent service provider can obtain a work permit in Thailand, subject to conditions.

- A foreigner will be able to personally obtain an urgent work permit from the Department of Labour at Suvarnabhumi Airport 24 hours, seven days a week before starting work or attending a meeting or seminar in Thailand.

- A foreigner who is employed by a Thai company can obtain a work permit from the Department of Labour in the area in which the company is located.

- There will no longer be pre-approval for work permits for foreigners who have not yet entered Thailand; the Department of Labour will issue a document acknowledging receipt of a request for pre-approval for a work permit so that a non-immigrant category "B" business visa can be obtained from the Royal Thai Embassy.

Although the Alien Working Act has been revised to make it easier for foreigners to work in Thailand, the immigration law still has not been amended and the foreigner still faces the challenge of extending the visa in order to reside long-term in Thailand.

The immigration law still requires foreigners to have a Thai company as an employer when applying for a long-term visa and there are still restrictions on the number of visas a Thai company can sponsor.

In order to comply with the immigration law, once a foreigner has acquired a work permit to legally work in Thailand, but cannot extend the visa because there is no Thai employer (or the Thai employer has exhausted its visa quota), he or she may consider applying for a "multiple" non-immigrant "B" visa at a Thai embassy outside Thailand in order to be able to leave the country every 90 days. Once the foreigner returns to Thailand, he or she will be granted another 90-day stay in Thailand.

For foreigners who are self-employed engaging in a restricted activity under List 3 of the Foreign Business Act, they would have to comply with the Foreign Business Act by applying for a business licence before performing such business activity.

Reminders and caveats: In order to work in Thailand, there are two important aspects:

- Non-Immigrant B Visa. First, you need to apply for a Non-Immigrant Visa category "B" at the Royal Thai Embassy or Consulate in the country of residence. Each Thai embassy appears to have a different list of documentation required when considering a non-immigrant visa application.

Our advice is to call your local Thai embassy or consulate to confirm its current requirements. Details of embassies and consulates can be found at www.mfa.go.th.

- Work Permit: Once you have obtained the "B" visa, you can enter the country and apply for a work permit from the Department of Employment, Ministry of Labour.

You may work in Thailand if you have a valid visa and a work permit and are able to perform work that is not in violation of the Alien Employment Act. There are 39 prohibited occupations prescribed in the Ministerial Regulations. Foreigners who do work reserved solely for Thais are liable to imprisonment of up to five years and/or fines ranging from 2,000 to 100,000 baht.

Once you receive the work permit, it is very important to keep it with you or in the office to show to government officers if they come by your office to check if anyone is working without a permit. Anyone who violates this rule will be fined up to 1,000 baht. Penalties for working without a permit include imprisonment of up to three months and/or a fine of up to 5,000 baht.

In addition, you must perform the work stated on your permit. If you perform different work or change the locality of the work, you must get approval first. Anyone who violates this rule will face up to one month in jail and/or a fine of up to 2,000 baht.

Currently, the main Office of Foreign Workers Administration, Department of Employment, Ministry of Labour is on Mit-Maitree Road, Dindaeng Bangkok 10400, tel 02-245-2745 and the One Stop Service Center for Visa and Work Permits, Department of Employment is on the 18th Floor, Chamchuri Building, 319 Phayathai Road, Pathumwan, Bangkok 10330, tel 02-209-1100. There is also a call centre at 1178.

While the changes in the ministerial regulations are a helpful step in the right direction, complications remain due to the lack of harmonisation between the Immigration law and the Alien Working Act.

-----------------------------------------------------------------------------------------------------------------------------------------------------------------------------

Read this and now I'm even more confused

Is it now possible to self- employed legally without a company. Have anybody tried to get work permit under these new rules

I dont believe these rules are official as yet, and there are some "technical" errors in the report as well...ie pre-approval for people who have not yet entered Thailand....dont believe pre-approval was ever permitted, in that you couldnt obtain your WP until you actually arrived in Thailand.

I dont think there is a DOL at the airport either....

Also note these "new rules" are in conflict with current immigration rules, and they keep saying subject to certain condition....I have yet to see what these "conditions" are

In your case I would worry about what is written there, as suspect the person who wrote and source of this info dont understand it either...

[boloa]

[

The chances are most likely very slight, but this is always the chance, certainly if you upset someone and they decide to report you.

So i could grass them all up.....Do it legally and make a killing then

BTW...That's a joke..I would never do that

Still waiting for someone up in Lower Isaan to tell me how they did it though,must be someone on here that is kosher

[youreavinalaff]

I too am a member of that forum. This morning you posted a very comprehensive report as to how one can obtain a work permit. I do not understand why you want to ask more details here.

I know you are the same person as I noticed in conversation with another member you admitted to having several different usernames.

That is probably why you are banned.

[boloa]

I too am a member of that forum. This morning you posted a very comprehensive report as to how one can obtain a work permit. I do not understand why you want to ask more details here.

I know you are the same person as I noticed in conversation with another member you admitted to having several different usernames.

That is probably why you are banned.

I posted a question on how to obtain a work permit.The comprehensive report I posted is like the above,hard to understand .What I wanted to know and still do is how local guys get their work permits and first hand reports on how to get one..Also tell me if that thread is still there and if not where has it gone ??? .The question was simple ..how do you get a WP locally....maybe the answer isn't ???

BTW..I have used different user names an it is no secret but I have never multi posted.I have left twice and banned once..I think...The last time I rejoined the owner welcomed me back

[boloa]

The question was simple ..how do you get a WP locally....maybe the answer isn't ???

It's been nearly 24 hours since I last posted and I can't believe that on a forum as big as Thavisa there is not one married guy that lives in NE Thailand that can give me a first hand report on how to get a work permit locally base on marriage and running a small business.There must be hundreds of guys with Bars ,Shops,Restaurants and working in family run business's that they have funded here but none can tell me the right way to obtain a WP at the local DOL.

I don't really want to go in there blind, so any info will be helpful.

Someone told me guys with WP's in Isaan are as rare as rocking horse dung ( unless they are teachers ).....I think he may be right

[mxyzptlk]

The question was simple ..how do you get a WP locally....maybe the answer isn't ???

It's been nearly 24 hours since I last posted and I can't believe that on a forum as big as Thavisa there is not one married guy that lives in NE Thailand that can give me a first hand report on how to get a work permit locally base on marriage and running a small business.There must be hundreds of guys with Bars ,Shops,Restaurants and working in family run business's that they have funded here but none can tell me the right way to obtain a WP at the local DOL.

I don't really want to go in there blind, so any info will be helpful.

Someone told me guys with WP's in Isaan are as rare as rocking horse dung ( unless they are teachers ).....I think he may be right

AL / PETE / KEN / JAMMY / Red_Jet Why not go to the Department of Labour and find out for yourself? Then when you find out how to do it, you can post your findings and potentially help other ex-pats in the region....

Or are you banned from the department of labour as well????

Edited November 5, 2011 by mxyzptlk

[boloa]

AL / PETE / KEN / JAMMY / Red_Jet Why not go to the Department of Labour and find out for yourself? Then when you find out how to do it, you can post your findings and potentially help other ex-pats in the region....

Or are you banned from the department of labour as well????

I don't know what you problem is mxy,Four of them names above are mine but not jammy,I have already said I have left twice and banned twice ( said once before but you have just jogged my memory ),it's not a secret.,If you look at the names on that forum ,If I'm banned i will still be on there and if I left it will say guest..That forum is the only forum I have ever been banned from and still post on many ..Many members on that forum have been banned from here and then come back and post under a different Nick,its not a crime.Sometime people get heated in a debate and they get banned simple.

I may have to go to the DOL blind as nobody seems to know what to do.........,as so many westerners are flying under the radar and working illegally in Issan I can understand now why nobody wants to talk about it or know how to do it........looks like it could be down to me to find out how its done

[mxyzptlk]

AL / PETE / KEN / JAMMY / Red_Jet Why not go to the Department of Labour and find out for yourself? Then when you find out how to do it, you can post your findings and potentially help other ex-pats in the region....

Or are you banned from the department of labour as well????

I don't know what you problem is mxy,Four of them names above are mine but not jammy,I have already said I have left twice and banned twice ( said once before but you have just jogged my memory ),it's not a secret.,If you look at the names on that forum ,If I'm banned i will still be on there and if I left it will say guest..That forum is the only forum I have ever been banned from and still post on many ..Many members on that forum have been banned from here and then come back and post under a different Nick,its not a crime.Sometime people get heated in a debate and they get banned simple.

I may have to go to the DOL blind as nobody seems to know what to do.........,as so many westerners are flying under the radar and working illegally in Issan I can understand now why nobody wants to talk about it or know how to do it........looks like it could be down to me to find out how its done

I don't have a problem bud..... what is the source of your information wrt the statement "so many westerners are flying under the radar and working illegally in Issan " which you obviously have a problem with.

Suggested name for your next reincarnation - woodenspoon

Have a nice evening....

[boloa]

I don't have a problem bud..... what is the source of your information wrt the statement "so many westerners are flying under the radar and working illegally in Issan " which you obviously have a problem with.

Suggested name for your next reincarnation - woodenspoon

Have a nice evening....

The thread I started on that forum has been taken off.....WHY ??

Need I say more!!!!

As I said in my OP...the guys on their are always going on about corruption and how bad it is in Thailand but some are no worse .So if you are saying my next reincarnation should be a woodenspoon you must know something I don't then ???

Edited November 5, 2011 by boloa

[mxyzptlk]

I don't have a problem bud..... what is the source of your information wrt the statement "so many westerners are flying under the radar and working illegally in Issan " which you obviously have a problem with.

Suggested name for your next reincarnation - woodenspoon

Have a nice evening....

The thread I started on that forum has been taken off.....WHY ??

Need I say more!!!!

As I said in my OP...the guys on their are always going on about corruption and how bad it is in Thailand but some are no worse .So if you are saying I my next reincarnation should be a woodenspoon you must know something I don't then ???

Unfortunately, as I am not part of the Admin or Moderator group on that other forum, I can't really comment why a thread would be taken off......my woodenspoon reference was referring to some of your more inflammatory recent posts and comments on the shout box on that forum.....as for knowing something you don't.....I don't think so, as you and your multiple personalities appear to know everything....

Edited November 5, 2011 by mxyzptlk

[lopburi3]

OK all seem to have had there say so lets just leave the outside activities reports to other forums. If anyone has specific suggestions or can provide updates please do but please keep the politics for other areas. Thanks.

[mxyzptlk]

OK all seem to have had there say so lets just leave the outside activities reports to other forums. If anyone has specific suggestions or can provide updates please do but please keep the politics for other areas. Thanks.

Fair enough Lop

[digitalchromakey]

Is it now possible to self- employed legally without a company. Have anybody tried to get work permit under these new rules

I dont believe these rules are official as yet, and there are some "technical" errors in the report as well...ie pre-approval for people who have not yet entered Thailand....dont believe pre-approval was ever permitted, in that you couldnt obtain your WP until you actually arrived in Thailand.

I dont think there is a DOL at the airport either....

Also note these "new rules" are in conflict with current immigration rules, and they keep saying subject to certain condition....I have yet to see what these "conditions" are

In your case I would worry about what is written there, as suspect the person who wrote and source of this info dont understand it either...

In Phuket they have now changed the WP1 application form - there is a section 3.6 whch lists documents required if the employer is a 'Natural Person', 'Juristic Person', 'Person resident Outside of Thailand' and 'In the case of without an employer'

So it looks like it's official, how applications will be processed is another matter.