MikeandDow Posted March 10, 2012 Share Posted March 10, 2012 Would like some Info in regard to Visa and WP I am an Australian working on the Mine sites in WA, as a Quality Manager, Married to a Thai and live in Thailand do 3weeks on 1 week off At present I have a NON O visa Now the company has asked me if I would go to Thailand to be the Quality Representive for the WA company I am presently employed by and oversee the building of 3 ball mills by a Thailand company, the Thai company will be the subcontractor. I will be based at the Thai company until the works are completed. Now I will not be employed by a Thai company will be paid into my Australian bank account will pay Australian tax, I think this can be classified as Specialist work, and does not require WP not sure???? So the questions are: 1 Do I need a WP???? 2 How is this obtained as I do not work for a Thai Company??? 3 If need WP what paperwork is needed??? 4 Do I need a Business Visa instead of the NON O Thanks Link to comment Share on other sites More sharing options...
NanLaew Posted March 10, 2012 Share Posted March 10, 2012 Indeed it is specialised work but you will be working in Thailand despite being employed by a non-Thai company and being paid outside the country. At least the taxes shouldn't be an issues. 1 - Yes 2 - Your Australian employer will need to acquire the WP either by registering a representative office in Thailand or, assigning an agent in Thailand (easiest). The agent then can act on their behalf regarding the WP. 3 - The standard suite of paperwork will be required. The list is published on the mfa.gov.th website in English. The agent will know. 4 - You may be required to get a new Non-B visa as it has been reported that some applicants (myself included) have been advised that that a Non-O that has already been issued on the grounds of having a Thai spouse is NOT accepted in support of a Thai WP application. Link to comment Share on other sites More sharing options...
MikeandDow Posted March 10, 2012 Author Share Posted March 10, 2012 (edited) Thanks Do you know Where i (the Company) can get an Agent or is this just a Lawyer Edited March 10, 2012 by MikeandDow Link to comment Share on other sites More sharing options...
necronx99 Posted March 10, 2012 Share Posted March 10, 2012 How long is this Thai stint for Mike? Link to comment Share on other sites More sharing options...
NanLaew Posted March 10, 2012 Share Posted March 10, 2012 The way your company is planning to do business in Thailand suggests to me that they would indeed need to set up a Representative Office eventually per the following: 1 - The business is to source goods or services in Thailand for the headquarters. 2 - To check the product ordered by the headquarters overseas 3 - To give advices to the headquarters about the goods to order 4 - To supply the information of the headquarters' products to the customers in Thailand 5 - To report the economic movement in Thailand to the headquarters Maybe your Australian employer needs to clarify their eventual status in Thailand and be legally represented here. I would imagine whatever process the follow will take a defined amount of time. The 'agent' option I suggested may be required to ensure you are 100% legal during any work prior to this company registration taking place. Are the subcontractors you mention in the title going to be involved with the longer-term operations in Thailand (providing the raw product) or are they purely in the construction phase only? If so, who will eventually be running these ball mills? Maybe that entity needs to be your 'sponsor' for the letter to get you a Non-B visa. Link to comment Share on other sites More sharing options...
NanLaew Posted March 10, 2012 Share Posted March 10, 2012 How long is this Thai stint for Mike? Good question. There's a temporary WP available with 30-days maximum validity. They can't be used back-to-back but may well fit if your tours of duty in Thailand can be broken up and are non-contiguous. Link to comment Share on other sites More sharing options...
Mario2008 Posted March 10, 2012 Share Posted March 10, 2012 The temporary WP is for 15 days and only for emergencies, like an airplane or factory that needs repair by a specilist technician. Link to comment Share on other sites More sharing options...
MikeandDow Posted March 10, 2012 Author Share Posted March 10, 2012 the ball mills are to be fabricated by the thai subcontractor and then shipped to Wa, the Thai contractor will only be involved in the Fabrication, Ball mills are like very big washing machines, not sure how long will take but in the region of 4 to 6 months my job will be to oversee the construction to Australian standards Iam not sure if the WA company will want to set up office over here and be legally represented here Think they just want me to get a WP and vist the subcontractor on a daily bases Link to comment Share on other sites More sharing options...
NanLaew Posted March 10, 2012 Share Posted March 10, 2012 I think your Australian employer may be thinking just because you are married and living in Thailand, you can do it 'on the fly' so to speak. That used to be an option a few years ago but Labour Department spot checks are getting more frequent; maybe less so in the Provinces. But, since you are married and living here, don't let that 'convenience' blind them into not getting you 100% legal for the scope of work they have planned for you. After all, if you do get nabbed without the appropriate visa and WP, it's your legal residence status in Thailand that gets buggered, not your Australian employers. I would recommend that you ask your employer to get in contact with Sunbelt or Siam Legal for assistance. That will save you time chasing the options on this forum since some opinions and advice, my own included, may not be pertinent, relevant or worst case, down right incorrect. Good luck. Link to comment Share on other sites More sharing options...
MikeandDow Posted March 10, 2012 Author Share Posted March 10, 2012 Thanks and yes there is no way am i doing anything with out the correct visa and WP going to put the ball in the australian company up to them all i will do is tell them to go to Sunbelt or Siam Legal Link to comment Share on other sites More sharing options...
Soutpeel Posted March 10, 2012 Share Posted March 10, 2012 The way your company is planning to do business in Thailand suggests to me that they would indeed need to set up a Representative Office eventually per the following: 1 - The business is to source goods or services in Thailand for the headquarters. 2 - To check the product ordered by the headquarters overseas 3 - To give advices to the headquarters about the goods to order 4 - To supply the information of the headquarters' products to the customers in Thailand 5 - To report the economic movement in Thailand to the headquarters Maybe your Australian employer needs to clarify their eventual status in Thailand and be legally represented here. I would imagine whatever process the follow will take a defined amount of time. The 'agent' option I suggested may be required to ensure you are 100% legal during any work prior to this company registration taking place. Are the subcontractors you mention in the title going to be involved with the longer-term operations in Thailand (providing the raw product) or are they purely in the construction phase only? If so, who will eventually be running these ball mills? Maybe that entity needs to be your 'sponsor' for the letter to get you a Non-B visa. The little piece missing from this is the fact to set up a Rep office in thailand the company concerned needs to remit THB 5.0million into Thailand, the first THB 2.0 million in the first year.. Not worth it for a 6-12 month secondment. Best way to do it is to get a Thai employment agency to employ you, let them get you the WP and they charge your Aussie company for the service, irrespective of whether you pay tax in Aussie, you will be taxed in Thailand, but you can offset the tax paid in Thailand against your Aussie tax due to reciprocal tax agreements in place Link to comment Share on other sites More sharing options...
Soutpeel Posted March 10, 2012 Share Posted March 10, 2012 The temporary WP is for 15 days and only for emergencies, like an airplane or factory that needs repair by a specilist technician. Correct and very unlikely you would get more than 1 temporary WP granted in one year in this case Link to comment Share on other sites More sharing options...
samran Posted March 10, 2012 Share Posted March 10, 2012 http://www.dfat.gov.au/fta/tafta/key-outcomes.html It probably is stretching it, but take a look at the key outcomes for the Australian-Thai FTA, especially the one I outlined below. Potentially could be an option, especially if you depart every 90 days back to Perth. Temporary entry of business people Thailand will grant a visa and work permit for up to five years' stay for all Australian citizens being transferred to work in Thailand within the same company (to be renewable annually) (previously one year). Thailand will grant a visa and work permit for up to three years' stay for all Australian citizens entering Thailand to work on the basis of a contract with an Australian or Thai company other than their employer in Australia (to be renewable annually) (previously one year). Thailand will not require a work permit for Australian citizens who are business visitors conducting business meetings in Thailand for up to 15 days, and up to 90 days for APEC Travel Card Holders. Thailand will consider applications for visas and work permits submitted by an employer on an applicant's behalf and advise in advance of approval and (with visa to be granted on arrival subject to identity verification). Thailand will permit all Australian business visitors access to the one-stop visa and work permit service (previously restricted to visitors representing or employed by major investors). Thailand will permit all Australians who hold work permits to participate in business meetings anywhere in Thailand, including locations not specified in their work permits (previous work permits had to be changed if any work was to be conducted in a location not specified in the permit). Thailand will reduce the number of documents required from Australians for work permits and renewals and work permits. Link to comment Share on other sites More sharing options...
Soutpeel Posted March 10, 2012 Share Posted March 10, 2012 Thanks and yes there is no way am i doing anything with out the correct visa and WP going to put the ball in the australian company up to them all i will do is tell them to go to Sunbelt or Siam Legal Rather talk to the employment agenices in Thailand...if you want can send you a few company names...they would "employ" you in Thailand and back charge your Aussie company....its quite a common occurance here, so they know how to do it and you will not be screwed over by lawyers fees. You Aussie company contacts the agency, says they want to employ you for a job in Thailand and the fee is negotiated and they will take care of everything else Link to comment Share on other sites More sharing options...
MikeandDow Posted March 10, 2012 Author Share Posted March 10, 2012 Thanks guys very informative, if you can pass on employment agenices would be a big help thanks again Link to comment Share on other sites More sharing options...
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