Work Permit (Wp3) Issue

[pauleastasia]

Dear Friends,

I probably should have posted for advice earlier as I now find myself in a bit of a mess. Due to several "mistakes" by my company, obtaining firstly the Non-B visa, and subsequently the Work Permit has been a real drama.

Firstly, I went off to HCMC, Vietnam last month with "all" the required paperwork in hand only to be rejected on the basis that I did not have a WP3 slip or letter of approval from the Ministry of Labor. So I returned to Thailand empty handed on that occasion and was reassured by my company that they would get the required WP3 and letter organized.

Skip to the beginning of November. Now with the WP3 and letter of approval in hand, I returned to HCMC and got the Non-B, no problems at all and everything seemed to be going smoothly.

Now the real problem (I am being advised by our HR it is a BIG problem) started when I went to collect the Work Permit this week at the Labor Department (Din Daeng). They looked at the paperwork and my passport/Non-B visa and have refused my work permit. I am told they said that the WP3 is to be issued when the "alien" is outside of the country, and I was back in Thailand at that time (they just cross checked the stamps with the date on the WP3).

I was trusting the company to sort this out, but frankly they seem to be creating more problems along the way. I actually think they might have lied about me being out of the country so they could get the paper.

Anyway, I was told today something along the lines of they would have to re-apply again for the work permit (I think with a WP1?).

My biggest concern now and what I would appreciate some advice on is this: I was told that since the WP3 was invalid (used the wrong form since I was in Thailand) - now the Non-B is invalid! Can this be true? Meaning I have to go and surrender it to immigration, leave the country (I read somewhere within 24 hrs), pay any overstay and go through the hassle of getting another Non-B.

Thanks in advance for your help.

[tommet]

I too am confused by this.

According to the MFA website, you must show a letter from Ministry of Labour to get a non-B visa, and to get that your employer needs to submit form WP3 -

see here: http://www.thaivisa....w/#entry5819075

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.

Various advice on this website says you (your employer) can apply for the WP3 in country, then take the WP3 receipt out of the country to apply for the non-B:

See here: http://www.thaivisa....p/#entry5774197

1. apply for the WP now and recieve the WP3 form. You will not get the actual WP untill you have a non-B visa, but the WP3 form will confirm that you are in the process of getting a work permit. It will be very usefull next to the other required documents.

Best is to go to Laos and apply there.

Obviously this hasn't worked for the OP & I read elsewhere that the WP3 can only be applied for when the "alien" is out of the country. So how is it so many people are able to get a non-B with a simple visa run?

Edited November 13, 2012 by tommet

[Dork]

I don't think it's any longer a requirement that you enter on a Non B. We have a lawyer (visa tout really) that handles it and our staff just enter on a 30 day visa waiver. Then he converts that to a Non B at Chaeng Wattana.

Sorry can't help you with your present Labour Dept problem but I suspect that one of the visa/wp agents could. For a fee, of course.

Personally I still prefer to use these agents even though we've been doing this stuff for years and could do it ourselves. They don't charge too much compared to the time and hassle saved. Standing around at those govt offices is not much fun - as you probably already know.

[digitalchromakey]

Your 90 Day Non Immigrant Type 'B' Entry is still perfectly valid, just get your employer to reapply with form WP1 and then once the application is accepted Labour should then issue your WP without your needing to make a further visa run (providing the process is complete within the 90 day Permiited Entry).

Normally this is not a problem, but some one is being 'super diligent' at Labour - WP1 is technically the correct application form in your case, normally most use the WP3.

Edited November 13, 2012 by digitalchromakey

[pauleastasia]

Your 90 Day Non Immigrant Type 'B' Entry is still perfectly valid, just get your employer to reapply with form WP1 and then once the application is accepted Labour should then issue your WP without your needing to make a further visa run (providing the process is complete within the 90 day Permiited Entry).

Normally this is not a problem, but some one is being 'super diligent' at Labour - WP1 is technically the correct application form in your case, normally most use the WP3.

Great....that's the news I wanted to hear.

Thanks for your advice.

I'll report back on how it goes....

Edited November 13, 2012 by pauleastasia