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Posted

Hi,

I thought I would post my experiences on the subject to share with all my experiences and for those who intend to embark into new Company set up can pick up something from it.

For all of the above, I engaged an agency to do it as there is no way a foreigner who has no knowledge of written thai can accomplish these uphill tasks. The Company set up is quite a smooth process, you need to have on hand a Company name, a logo, and an office address. The agency suggested to submit 3 Company names for consideration just in case the preferred name was unavailable. The agency make a seal for the Company logo as it was required to stamp on all relevant documents. If you do not have an office address yet, the agency can provide you with an address temporary. For this, I paid an additional fee for it, thereafter, when I rented an office, I need to pay again the agency to apply for change of office address from the Labour Office.

Next, I returned to my resident country to apply for a 90 days non-B visa. I wasn't sure whether this can be obtained in other countries other than your resident country, but I think it is possible. The agency will provide you with an Invitation Letter to accompany all other documents for the application of non-B visa, additional charges apply for this letter. With all these documets, I gotten a 90 days non-B visa to start off with this daunting journey.

Upon arrival of Thailand, I immediately submitted the non-B visa for the application of work permit. I had many nightmares during this process. Firstly, they asked from me wrong sized photos, a medical health certificate will also be required. The major ones were the authorities will come and inspect your office. I failed my first inspection as I used a rented home as an office which the agency advised me that it is possible. I have to rent a proper office for a second inspection before my WP was issued, but for six months only. The agency claimed that the new ruling is that the Labour Office will issue three months WP for first time applicants from China and Muslim countries, six months for applicants from South East Asian countries, and one year for applicants from USA, Europe and East Asia. Thereafter, this is extendable to one year thereafter. I didn't bother to check the validity of this.

Because of the six months WP, this has some repurcussions on collection of my personal effects from the port. The requirement is I must have a one year work permit in order to enjoy duties free imports of personal effects. For a six-month WP, only persoanl items like clothings will be free of excise duties. My shipping agent helped me to negotiate a fee which is acceptable by me so that they would released my items. Phew!

Times flies and my 90 days non-B visa will expire soon. I engaged the same agency to apply for extension of stay. After three days of checking my the Immigration Police Officer, on the office and the number of employees, my application for extension of stay was not successful and I was given seven days to leave the country. I did a land border run to get more time. I will return to my resident country to get another 90 days non-B visa, then I will decide what should I do next. Whenter to dissolve the Company or to hang on to it, and continue to do the non-B visa run.

I welcome suggestions from fellow members.

  • Like 1
Posted

You will definitely not be able to get an Extension of Permission to Stay based on Employment in the Kingdom of Thailand (National Police Order 777/2551 Case 2.1) whilst working for a new/recently formed Thai company, as there is a requirement to show two years worth of audited accounts.

See attachment below for an example of the required documents:

Visa extension on the basis of employment 777 2551 Case 2.1t.pdf

However there have been several recent reports of some applicants employed by new/recently formed companies successfully applyling for a One Year Multiple Entry Non immigrant Category 'B'' in Penang with the correct paperwork, including a current Work Permit - see link below:

http://www.mfa.go.th/main/en/services/123/15388-Non-Immigrant-Visa-%22B%22-(for-Business-and.html

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