Tourist Visa To Work Visa For A Peruvian Citizen

[jill2012]

Hello Thai Visa Forum

I did a quick search of the forum on ‘visa and Peru’ but didn’t find an answer to my question, apologies for re-posting if this is the case.

I am helping my Peruvian partner move to Thailand. I am on a non-immigrant visa F, volunteering through a government sponsored program so I do not have nor require a work permit.

According to visa requirements he can enter Thailand on a tourist visa for 90 days:

II. List of countries which have concluded agreements on the exemption of visa requirements for holders of ordinary passports with Thailand and permitted to stay for a period of not exceeding 14, 30 and 90 days

• 90 DAYS
  

1. Argentina

2. Brazil

3. Chile

4. Republic of Korea

5. Peru

NB : Nationals of countries which hold Agreements on Visa Exemption Requirements with Thailand intending to work or stay in Thailand beyond the agreed bilateral arrangement must apply for an appropriate visa before entry into Thailand in order to submit the application for work or stay permit

The plan is for him to stay and find work. He is entering Thailand on the 90 day visa exemption and has a 3 month return ticket.

However the line underneath confuses me: “Nationals of countries which hold Agreements on Visa Exemption Requirements with Thailand intending to work or stay in Thailand beyond the agreed bilateral arrangement must apply for an appropriate visa before entry into Thailand in order to submit the application for work or stay permit”

Does this mean he has to apply for a non-immigrant visa before he arrives? Or can he simply, upon finding work, leave Thailand to say Cambodia apply for a visa there, and re-enter by air?

I have looked into applying for a non-immigrant visa category b but this requires a range of documents, ie from the Ministry of Labor, that we do not have as he does not yet have a job offer.

Any ideas/help is most appreciated

Thanks

Jill

[ubonjoe]

It is the same as for all other countries.

He can look for work during the 90 entry and then after finding work and a work permit application is made he can then go out of the country and get a non-b visa.

[lopburi3]

Actually that clause is not applicable for visa exempt entry and could be a reason for Labor to refuse to accept work permit application it appears. As a receipt for such work permit application is a requirement at local consulates to issue a non immigrant B visa for at least some forms of work it could indeed be a potential problem in my view - and could require a return to home country to obtain non immigrant B visa for a new entry in worst case. Suspect subject should obtain a tourist visa for entry to avoid any possible issues.

[jill2012]

Thanks for the advice.

From what you're saying I umderstamd that if we apply for a tourist visa rather than going through the visa exempt process, it would be easier to apply for a non-immigrant visa B, which might then not require a trip back to Peru?

Thanks

[lopburi3]

Believe it will cover any bilateral agreement that no application for a work permit can be made on such an entry as it would be a normal tourist visa entry and on them you can apply for a work permit, get the receipt, and then go to a Consulate in an adjoining country to obtain the required non immigrant B visa. I am not sure he could not apply as suspect Labor would not check that closely but it would be safer I believe. The price of a tourist visa is really not that much. Now the only question would be if the Consulate will issue rather than just say you don't need as you get 90 days with a visa exempt entry. He might have to explain why (in the sense the trip is tourist but he may check on employment options while here).

[StoneSoup]

There may be rare exceptions, but normally - in order to convert an entry permit from a tourist visa into a Class B entry permit - the conversion must be sponsored by an employer - and that employer must be qualified to immediately support a long-term entry permit extension based on employment.

So - the process is: apply to convert entry permit, obtain converted entry permit, obtain work permit, obtain extended entry permit. You cannot begin this process unless you have the employer lined up - and employer must be eligible to sponsor the extension : i.e. have 2,000,000 baht paid up capital plus four Thai employes per EACH foreign work permit holder that is employed.

Cheers,

SS

Indo-Siam

[Mario2008]

There may be rare exceptions, but normally - in order to convert an entry permit from a tourist visa into a Class B entry permit - the conversion must be sponsored by an employer - and that employer must be qualified to immediately support a long-term entry permit extension based on employment.

So - the process is: apply to convert entry permit, obtain converted entry permit, obtain work permit, obtain extended entry permit. You cannot begin this process unless you have the employer lined up - and employer must be eligible to sponsor the extension : i.e. have 2,000,000 baht paid up capital plus four Thai employes per EACH foreign work permit holder that is employed.

Cheers,

SS

Indo-Siam

I believe you are wrong. The process would start with applying for a work permit, get a wp3 receipt and apply for a conversion. Once the conversion is approved and recieved go back to the labour office to the actual work permit. After 60 days you can apply for a 1 year extension of stay at immigration.

[jill2012]

Thanks lopburi3 - yes he went to the consulate in Lima and was told there was no need for a visa and that applying for a work permit in Thailand would be easier. But I want to be on the safe side.

So we will apply for a tourist visa and take it from there I think. Then we can begin the work permit process once he has found an employer to sponsor him in Thailand

[StoneSoup]

I believe you are wrong. The process would start with applying for a work permit, get a wp3 receipt and apply for a conversion. Once the conversion is approved and recieved go back to the labour office to the actual work permit. After 60 days you can apply for a 1 year extension of stay at immigration.

Can you explain to me how you could get the work permit in the first place, without already having a non-immigrant visa?

'Sorry, but your "solution" defies the initial assumption - that being that you start with a tourist visa.

Cheers!

SS

[Mario2008]

You apply for a work permit, you actually get the work permit when you have the correct visa.

[Lite Beer]

You can apply for a WP with a Tourist Visa , you just cannot collect it with one.

[jill2012]

Ok so with a tourist visa we can apply for a work permit...and then to collect it we need to collect it in Peru? Or is going somewhere like Cambodia sufficient?

[lopburi3]

Once the company paperwork and work permit application receipt obtained you can normally exit to a nearby Consulate to obtain the non immigrant B visa and return on that to have the work permit issues and, if eligible, extend your stay one year at a time at immigration.

[StoneSoup]

You can apply for a WP with a Tourist Visa , you just cannot collect it with one.

Uh, sorry - no. Where did you get that idea? This has never been the case. At the time of submitting the application, and also at the time of picking up the blue work permit booklet, the applicant must be present in Thailand on a non-immigrant entry permit. Over the past ten years, there have been relatively brief periods - usually less than one year - during which holders of an entry permit based on a retirement visa, or an ED visa - could apply for a work permit. But - never directly from a tourist class entry permit.

What you probably encountered was the process that I described earlier - because if you convert a tourist entry permit to a Class B entry permit, when that conversion is approved, the applicant normally applies for the work permit that same day- with the extended entry permit following shortly after you receive work permit. This pattern occurs because it takes several weeks for the entry permit conversion to be approved, and you started with a 60-day tourist entry permit - and the work permit approval process takes ten days - and when you add up all the days, by the time you get your work permit, you need to be extending your entry permit pretty quickly, or you must leave the country.

The main point that i wanted to make was - you cannot routinely convert a tourist entry permit to a non-immigrant entry permit in order to go looking for a job. You have to already have an employer lined up that is able to sponsor you for an immediate work permit and long-term entry permit extension, in order to even have an application accepted for a conversion of the tourist entry permit.

I run a business in Bangkok that has been handling these processes continually since 2003, so I am speaking from extensive experience.

There are rare situational exceptions to almost all "rules" here - but you cannot depend on such rare exceptions.

SS

Indo-Siam

[Mario2008]

That you can apply for a WP on a tourist visa is the expereince from many of our members and has been practise for years.

Many Thai consulates in the region don't issue a non-B visa without a work permit or having at least a WP3 form from the labour office. That is why many people come to Thailand on a tourist visa to look for work, when they find work apply for a work permit and then go to a neighbouring country to apply for a non-B visa.

[lopburi3]

And we are speaking from what has been reported to this forum by many posters and the requirement for the work permit receipt to obtain the non immigrant visa from Consulates in the area as listed by MFA - you can apply from a tourist visa but must have the non immigrant visa to get it issued.

- 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.

Believe you are talking about in-country conversion (which is much more difficult) - we are talking about obtaining a visa from outside Thailand and in that case application can be made inside Thailand prior to issue of the non immigrant B visa from a Consulate.

[StoneSoup]

That you can apply for a WP on a tourist visa is the expereince from many of our members and has been practise for years.

Many Thai consulates in the region don't issue a non-B visa without a work permit or having at least a WP3 form from the labour office. That is why many people come to Thailand on a tourist visa to look for work, when they find work apply for a work permit and then go to a neighbouring country to apply for a non-B visa.

OK you are talking about the WP3 process - which requires departing Thailand to go get a non-immigrant visa. Applying for a WP3 is NOT actually applying for a work permit - i.e, you do not need a medical exam, and you are not supposed to even be inside Thailand when your employer applies for the WP3 letter.

What I am talking about is CONVERSION of the entry permit issued against an Embassy-issued tourist visa directly into a Class B entry permit - without leaving Thailand - and then immediately applying for a work permit.

It is fairly unusual (at least in Bangkok) for the work permit office to proceed with issuing a work permit if the applicant was inside Thailand at any time between employers application for WP3, and the issuance of the WP3 - including the dates of application, and issuance. They say that the applicant MUST have been outside Thailand when employer requested the WP3 form - because that is how the work permit office interprets the wording at the top of the WP3 instructions:

Cheers!

SS

WP3Instruc.pdf

[Mario2008]

I have often gotten wp3 forms, while being in Thailand. Just as many other people still do.