Getting A Wp For A New Business - Is This The Procedure?

[simon43]

My new hotel business will open in about 6 weeks from now, and I have registered a limited partnership with my Thai wife as the director/signatory and me as a minor shareholder. I am currently on a 60 day extension to my ED visa (that extension was granted by Phuket Immigration on the basis of having a Thai wife and child).

My 60 day visa extension expires at the end of this month, and I need to obtain a business visa and WP so that I can be legally employed as Manager in my new hotel.

Is this the correct procedure to follow?

- Apply for the WP now, (which will not yet be granted because I do not have a business visa).

- Collect the WP application receipt from the Labour Department

- Travel to KL or Penang and apply for a 90 day business visa, and show the company registration papers and WP receipt to the embassy.

- Return to Thailand and submit details of my new business visa to the Labour Office

- Collect WP

- After 90 days, return to KL/Penang and apply for a 1 year multiple entry business visa, showing my WP this time

- Do visa runs every 90 days

- After 1 year, apply for a 1 year extension to my business visa, showing proof of income/profit/employees etc etc

Thanks for any advice. I need to sort out this process within the next couple of weeks.

Simon

[PoorSucker]

Skip this one:

- After 90 days, return to KL/Penang and apply for a 1 year multiple entry business visa, showing my WP this time

- Do visa runs every 90 days

Go direct for to.

- After 1 year, apply for a 1 year extension to my business visa, showing proof of income/profit/employees etc etc

You can apply for extension on your single entry non-B.

I know you live in Phuket and they have problems following regulations.

In all other parts of the country you will get a WP if you have visa/extension based on marriage.

Try this route first.

[arthurwait]

Am I remembering incorrectly that a foreigner can't have a visa or work permit until the business has been paying taxes for a year ?

[arthurwait]

I like the bit -

collect work permit.

Be prepared to be very frustrated. It take 2 to 4 months to be processed.

Edit : In Chonburi anyway.

[digitalchromakey]

Yes, you have outlined the process correctly.

Once Phuket Labour have accepted your WP application (expect several vists to get the paper work perfect), then get your WP3 Receipt and if you intend to go to Penang also the Work Permit Offer letter signed by K. Noppodum which can take up to 7 working days as K.Noppodum is only in the office once per week.

You would be well advised to take copies of as many company papers as you can get, plus an invitation letter from your wife's company addressed to the Consulate where you will go asking that you be issued witha 90 day Single Entry non Immigrant B Visa.

Back to Phuket Labour with your Visa/Entry stamp and then wait a week or two to pick up your WP.

[digitalchromakey]

I know you live in Phuket and they have problems following regulations.

In all other parts of the country you will get a WP if you have visa/extension based on marriage.

Try this route first.

100% Phuket Labour will not accept a 60 day 'Visiting Wife' Extension for issuance of a WP and Phuket Immigration will not issue the one year extension without a WP.

[digitalchromakey]

Am I remembering incorrectly that a foreigner can't have a visa or work permit until the business has been paying taxes for a year ?

There would certainly be issues getting an extension based on business without two years of company tax returns, but a visa or a WP is possible.

[arthurwait]

Get a list of everything you need for the application and go through it with an immigration staff member and WP office staff member several times asking if there has been any changes again several times. They change the rules all the time and the list they hand you telling everything you need becomes out of date.

As someone has said you need the invitation letter for the postion from your wifes company and maybe some further correspondance would help. Photos of the business and you with your thai employees at the premises infront of the sign. Not any with you looking like you are working though.

[arthurwait]

Am I remembering incorrectly that a foreigner can't have a visa or work permit until the business has been paying taxes for a year ?

There would certainly be issues getting an extension based on business without two years of company tax returns, but a visa or a WP is possible.

Thanks. 3 years ago for me now. Too hazy to remember what my wife told me. This was before marriage though.

[simon43]

Thanks for all the replies. I was aware that I cannot get the WP with my 60 day 'family' extension, but I can apply for the WP and get the receipt which I need to take to KL to get the 90 day business visa.

AFAIK, KL will not issue a 1 year business visa against a WP application receipt - they will only give 90 days, which is why I'll need to return after 90 days with the actual WP.

I'll ask my accountant to get to work on all this.

Simon

[digitalchromakey]

AFAIK, KL will not issue a 1 year business visa against a WP application receipt - they will only give 90 days, which is why I'll need to return after 90 days with the actual WP.

Correct; there is also however nothing to stop you first trying to apply for a one year visa extension at Phuket Immigration based on 'Family Member of a Thai' (National Police Order 777/2551 Section 2.18) when you are in the last 30 days of your first 90 day non B single entry - providing you can show your WP, marriage papers, previous month's PND1 tax paid on income of 40,000 pcm, etc. Last year's PND 91 may be an issue, but as you can show you have just started employment, this should not be a problem.

Phuket Labour will renew a WP based on such a one year extension to an original non immigrant B Entry.

[TigerWan]

Thanks for that list and this topic Simon 43.

I've been trying to get a comprehensive list from a lawyer and so far all the forms I get always have one or two items that are wrong or not necessary or actually obtainable only after first procuring something else.

I'm looking for an accountant in Phuket, can you recommend one?

[arthurwait]

Thanks for all the replies. I was aware that I cannot get the WP with my 60 day 'family' extension, but I can apply for the WP and get the receipt which I need to take to KL to get the 90 day business visa.

AFAIK, KL will not issue a 1 year business visa against a WP application receipt - they will only give 90 days, which is why I'll need to return after 90 days with the actual WP.

I'll ask my accountant to get to work on all this.

Simon

I got 3 months in KL as I didn't have the work permit at the time came back got the work permit.

Then got my year extension of stay or visa at Si Racha immigration and every subsequent one since.

In fact I haven't left the country since I went for the 3 month visa and am now on my third year of Non-b's and work permits.

Have the rules changed on this or am I confused over what's needed ?

I'm confused over how to stop the italic text.

[digitalchromakey]

[i got 3 months in KL as I didn't have the work permit at the time came back got the work permit.

Then got my year extension of stay or visa at Si Racha immigration and every subsequent one since.

In fact I haven't left the country since I went for the 3 month visa and am now on my third year of Non-b's and work permits.

Have the rules changed on this or am I confused over what's needed ?

Not all companies meet the criteria to support a National Police Order 777/2551 Section 2.1 extension on the basis of Employment/Business in the Kingdom of Thailand; in Simon43's case his company is newly registered and thus does not currently have the requisite previous year accounts.

[arthurwait]

[i got 3 months in KL as I didn't have the work permit at the time came back got the work permit.

Then got my year extension of stay or visa at Si Racha immigration and every subsequent one since.

In fact I haven't left the country since I went for the 3 month visa and am now on my third year of Non-b's and work permits.

Have the rules changed on this or am I confused over what's needed ?

Not all companies meet the criteria to support a National Police Order 777/2551 Section 2.1 extension on the basis of Employment/Business in the Kingdom of Thailand; in Simon43's case his company is newly registered and thus does not currently have the requisite previous year accounts.

Thanks. That makes sense.

[simon43]

I'm looking for an accountant in Phuket, can you recommend one?

I've used the same accountant for many years and can recommend her. Her fees are also very fair, (I paid a total of 12,000 baht to register a limited partnership business whilst the 'farang' lawyer companies quoted 80,000 baht)

My accountant speaks very little English - you do need to speak Thai to make the best use of her. PM me if you want her contact details. She is near Phuket Town, on Chao Fa Road.

Simon

[TigerWan]

Thanks for that, will PM for details though I am looking for an accountant closer to home near Cherng Telay Thalang,

By-Pass road death drive into Phuket is to be avoided if at all possible.