doobie247 Posted July 18, 2012 Share Posted July 18, 2012 Hi All, i searched high and low prior to posting. i have currently received BOI approval to provide services, specifically in software development activity under the BOI investment scheme. I have been to the OSOS to seek clarification to understand the required paperwork to obtain my Non-Imm B or IB visa. (I am also currently in the process of registering the business entity through MOC/DBD). unfortunately, no one at the OSOS can be give me a clear answer as to what my options ares to convert my Visa Exemption Stamp to Non IMM or IB Visa in-country (Bangkok). OSOS also diverted me to go to Chaeng Wattana. at this stage it's seems like a "chicken and egg" scenario, where i can't one can't proceed without having completed my company registration. so my questions are 1. can you convert a visa exemption stamp/entry to an Non Imm B or IB visa in country? if so, what is the requirement? has anyone had any experience going through this process. 2. is there a difference between Non IMM B and IB visa - my understanding is not really, other than an IB visa is issued under the investment scheme, correct? off topic, just a little bit - as stated earlier, i am currently on a visa exemption stamp (second time in 2 months) is there any limit on how many times i can leave and re-enter the country under the visa exemption rule? Thanks in Advance. Link to comment Share on other sites More sharing options...
Mario2008 Posted July 18, 2012 Share Posted July 18, 2012 1. Yes, but it would require the corect paperwork, probably including a work permit, unles you are ony investing and not also working. (Signing paperwork will count as working). There is not much difference in practise, other then the reason it is issued. Believe One Stop Servise will indeed not convert, so you will have to go to regular immigration (and labour office for the work permit). Issueance of work eprmit can take a while, so often better to just apply for a visa abroad. There is no limit on the visa exemption entries you can make. Link to comment Share on other sites More sharing options...
doobie247 Posted July 18, 2012 Author Share Posted July 18, 2012 (edited) Thanks Mario2008, how does signing paperwork equate to working? so if i'm registering the company as a director, the investor, and then intend to work to setup the business operations, i can't sign the paperwork to give myself a visa or WP, sounds a bit strange... also are able to obtain a non-B visa without a work permit? you suggest to obtain a visa aboard - where would you recommend within the region to have this done? as for the visa exemption rule - thank you for the heads up... Edited July 18, 2012 by doobie247 Link to comment Share on other sites More sharing options...
doobie247 Posted July 18, 2012 Author Share Posted July 18, 2012 also what paperwork is required to issue a non-b visa outside thailand.? Link to comment Share on other sites More sharing options...
Mario2008 Posted July 18, 2012 Share Posted July 18, 2012 Singing paperwork would suggest you are not an investor but the director, and thus working. The general requirements for a non-B visa can be found here. But each consulate will have its own particulair rules. http://www.mfa.go.th/main/en/services/123/15388-Non-Immigrant-Visa-%22B%22-(for-Business-and.html Link to comment Share on other sites More sharing options...
doobie247 Posted July 18, 2012 Author Share Posted July 18, 2012 thank you. but as an investor (person bringing the money) can't you be the director aswell? Link to comment Share on other sites More sharing options...
Mario2008 Posted July 18, 2012 Share Posted July 18, 2012 An investor can be the owner, but if he actively participates in the daily management he is also the (managing) director and would require a work permit. Signing paperwork, hiring people etc. would all be considered working. Link to comment Share on other sites More sharing options...
0zz1 Posted July 18, 2012 Share Posted July 18, 2012 I also have related question. I received my Boi approval and im currently on non b visa should i changed it to ib? Also how about my new employees, im hiring some falangs under the boi should we apply ib or b or something else to them? What kind of paperwork is needed? Link to comment Share on other sites More sharing options...
Dork Posted July 18, 2012 Share Posted July 18, 2012 Having dealt with this issue of company directors needing a work permit just to sign documents before, I think it is a gray area and would think that there must be quite large numbers of non resident directors of Thai Companies. It is quite normal anywhere in the world for a major investor in a business to also be a director in order to maintain some control. However, according to the (all-encompassing) Thai Labour that isn't possible because you need a work permit to do so and it will be very difficult to get that work permit with no salary/tax payments. According to legal advice I have received, one solution is to date anything (contracts, cheques etc) that the foreign director is signing on dates that he/she is not in Thailand. In that case you won't need a work permit and you won't be breaking the law. Link to comment Share on other sites More sharing options...
doobie247 Posted July 18, 2012 Author Share Posted July 18, 2012 that poses a very interesting point, under BOI scheme, you are allowed 100% foreign ownership, with that said - when incorporating a company in Thailand, especially for organisation who wish to retain 100% foreign ownership, that will pose as an issue? so when incorporating a company, you are technically signing legal documents stipulating the formation of the company - therefore does that "technically" mean you require a WP to incorporate the company? Link to comment Share on other sites More sharing options...
doobie247 Posted July 18, 2012 Author Share Posted July 18, 2012 I also have related question. I received my Boi approval and im currently on non b visa should i changed it to ib? Also how about my new employees, im hiring some falangs under the boi should we apply ib or b or something else to them? What kind of paperwork is needed? i'm not entirely sure either, I would suggest speaking to the BOI Project Officer to get confirmation of the process. Link to comment Share on other sites More sharing options...
Mario2008 Posted July 18, 2012 Share Posted July 18, 2012 I also have related question. I received my Boi approval and im currently on non b visa should i changed it to ib? Also how about my new employees, im hiring some falangs under the boi should we apply ib or b or something else to them? What kind of paperwork is needed? No. No need to change anything. A visa is a permit to travel to Thailand, you are already in Thailand and have the proper paperwork to get an extension of stay and work permit. New employees would get a non-B visa. But basically they apply for a non-immigrant visa and the consulate decides which type of visa they will grant, for work that is normally the "B" category. Link to comment Share on other sites More sharing options...
0zz1 Posted July 19, 2012 Share Posted July 19, 2012 I also have related question. I received my Boi approval and im currently on non b visa should i changed it to ib? Also how about my new employees, im hiring some falangs under the boi should we apply ib or b or something else to them? What kind of paperwork is needed? No. No need to change anything. A visa is a permit to travel to Thailand, you are already in Thailand and have the proper paperwork to get an extension of stay and work permit. New employees would get a non-B visa. But basically they apply for a non-immigrant visa and the consulate decides which type of visa they will grant, for work that is normally the "B" category. Well my current business visa and work permit is based on the 4to1 rule where I have to hire 4 thais for 1 falang. This is no longer the case with BOI so can I now fire the thai's or will that effect my current status as the visa & wp was received before BOI? If I would change the visa & wp or apply under the BOI scheme then I can... i guess. Link to comment Share on other sites More sharing options...
Mario2008 Posted July 19, 2012 Share Posted July 19, 2012 Best to ask the One Stop Service Centre. Link to comment Share on other sites More sharing options...
Oorinara Posted January 12, 2013 Share Posted January 12, 2013 IB seems to be a subcategory of B. http://www.mfa.go.th/main/en/services/123/15388-Non-Immigrant-Visa-%22B%22-(for-Business-and.html And, if the site below is correct, IB seems to be for foreginers who have obtained project approvals from BOI but have not incorporated in Thailand yet. http://www.vfs-thailand.co.in/Cat_BOI_docreqd.html Unsure if one can apply for and/or obtain IB, even after incorporation. Link to comment Share on other sites More sharing options...
Mario2008 Posted January 12, 2013 Share Posted January 12, 2013 IB is a special category of the non-B visa, but normally the visa only shows "B" and not "IB". Employees normally just fullfil the requirements for a non-B visa and once in Thailand go to ether immigration or if they qualify to the One Stop Service Centre for companies under the BOI. Link to comment Share on other sites More sharing options...
Oorinara Posted January 12, 2013 Share Posted January 12, 2013 Oh, then mine might be rare. Got an IB recently. BOI approved, but yet incorporated. Link to comment Share on other sites More sharing options...
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