Company With Multiple Work Permits Including For Someone Who Is Married

[whybother]

I am looking for people / companies that have dealt with Immigration and the Labour Department with the following (or similar) scenario:

Two foreigners in the company have work permits. One of the foreigners is married. Therefore the company needs to have 6 Thai staff (2 for the "married" work permit and 4 for the "non-married" work permit).

One foreigner is on a non-imm O, so the visa extension is based on marriage and the work permit is irrelevant. The other foreigner is on a non-imm B, so the visa extension is based on the work permit.

When applying for the work permit and for the visa extension, the company must supply documentation stating (amongst other things) the number of foreign staff and the number of Thai staff.

The question is:

At the time of applying for the work permit or visa extension for the non-married foreigner, what documentation is required or what questions are asked by Immigration or the Labour Department in regard to the married foreigner?

Thanks for any assistance.

[2008bangkok]

You will not get a extension from the labour office they are only issued if the company has BOI status, if the company doesn't have BOI then no extensions based on working and they will have to get a

NON immigrant visa from another country and normally the bordering countries only give a 3month, the guys who is married will be ok but to get his extensions he will need 400k in the bank for 3 months or tax receipts for thelater 3 months showing paid tax on minimum 40k.

Didn't know that a married person only needs 2 Thais per work permit , good to know

[whybother]

Yes. I realise that the Labour department won't give a visa extension. The point I was making there was that both the Labour Department (when giving a work permit) and Immigration (when giving a visa extension for work) require a list of foreign and Thai staff.

From what I understand, the 2 Thais per work permit is relatively new (maybe a couple of years now), but I don't know of anyone that knows 100% for sure that that is the case.

Assuming it is true, I was wondering how it was dealt with when applying for the visa or work permit of the unmarried person, as there isn't anywhere on the documentation to indicate that a foreigner is married and therefore has less restriction (2 Thai employees, and 1 million baht capital supposedly).

Maybe I will need to be the guinea pig, and tell you all how it pans out.

[digitalchromakey]

Yes. I realise that the Labour department won't give a visa extension. The point I was making there was that both the Labour Department (when giving a work permit) and Immigration (when giving a visa extension for work) require a list of foreign and Thai staff.

From what I understand, the 2 Thais per work permit is relatively new (maybe a couple of years now), but I don't know of anyone that knows 100% for sure that that is the case.

Assuming it is true, I was wondering how it was dealt with when applying for the visa or work permit of the unmarried person, as there isn't anywhere on the documentation to indicate that a foreigner is married and therefore has less restriction (2 Thai employees, and 1 million baht capital supposedly).

Maybe I will need to be the guinea pig, and tell you all how it pans out.

Not that new, have come across 1 million Capitalisation per WP for Married since the rules were changed in 2003. As regards 2x Thais per WP for Married to a Thai, recollect different responses in different areas (Labour in my area of Phuket accepts this criteria).

Last time I came across an application for simultaneous WPs with both married to a Thai/un married was in 2003 for a Limited Partnership and an agent dealt with it.

Best approach is to go into Labour with a Thai speaker and ask the question; they will certainly be happy to give you a steer on this issue.

As regards Immigration and extensions, in the only case I have come across to date, the company had more than a 4x Thai/Non Asean foreign staff ratio when there were Married/unmarried WP holders; so the question never arose.

The 2.1 Extension immigration guidelines are very specific about a 1:4 foreigner/Thai ratio, but providing the married employee does a 777/2551 case 2.18 extension, then if there are already 2x WPs based on married/unmarried, then there are by definition >= 6 Thai employees 'available' for the 2.1 extension - which is for only 1x employee as far as immigration is concerned.