Second extension of stay to Non Imm B

[jimmiejackson]

Hi all,

I am asking this for my business partner (I am on Non Imm O extension so no worries for me).

In March 2014 he will need to do his second Extension of Stay on a Non Imm B visa.

Company was founded in October 2012 and employs 2 foreigners and 4 F/T Thai staff.

WP will be renewed for him in December 2013 so will be current when the Extension of Stay needs to be renewed. No condition on WP about proof of Thai staff (Social Security Fund payments) for renewal so that isn't an issue.

The company showed a loss for 2012 and will do so again in 2013. Revenue is enough to cover all salaries but not enough to show a profit overall (although we still have plenty of registered capital left!).

Any issues in getting the extension of stay?

Thanks for your advice and help.

Edited October 24, 2013 by jimmiejackson

[thaiexpat21]

There would at first glance appear to be a problem associated with the number of Thai employees v number of foreigners.

Best wait for the experts !

[digitalchromakey]

Attached is a typical list of requirements for an extension of permission to stay based on Working in the Kingdom of Thailand:

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

The issues your business partner may have difficulty with at extension time are the following two bases for consideration:

(4) The business concerned must have duly submitted its financial statement as at the end of the two fiscal years and certified by an auditor or tax auditor, showing a sound financial condition and an on-going active business as attached order (exhibit 'b')

and

(6) The business concerned must have a ratio of 1 alien to 4 Thai permanent employees

(4) may be arguable depending on what is in the accounts and auditor's comments, Immigration would need to be persuaded that the company is in a 'sound finanacial position' despite showing losses two years in a row.

(6) is certainlty a problem as two foreigners would necessitate proof of 8 full time Thai employees.

A 2.1 Extension may well not be possible (no harm in trying, but be prepared for a knock back).

Maybe a One Year Multiple Entry Non Immigrant 'B" from Penang would be the fall back strategy.

Edited October 24, 2013 by digitalchromakey

[fdbob]

I know this different but how do I start a new topic I can't find a button anywhere.

[Mario2008]

I know this different but how do I start a new topic I can't find a button anywhere.

Go to the forum page of the forum you would like to post in, like http://www.thaivisa.com/forum/forum/1-thai-visas-residency-and-work-permits/

For the visa forum.

You get a new screen and on the right side of the screen, around the middle, just above the blue line, you see a black button "start new topic".

Press that one.

[fdbob]

Thanks that was easy

[jimmiejackson]

Attached is a typical list of requirements for an extension of permission to stay based on Working in the Kingdom of Thailand:

The issues your business partner may have difficulty with at extension time are the following two bases for consideration:

(4) The business concerned must have duly submitted its financial statement as at the end of the two fiscal years and certified by an auditor or tax auditor, showing a sound financial condition and an on-going active business as attached order (exhibit 'b')

and

(6) The business concerned must have a ratio of 1 alien to 4 Thai permanent employees

(4) may be arguable depending on what is in the accounts and auditor's comments, Immigration would need to be persuaded that the company is in a 'sound finanacial position' despite showing losses two years in a row.

(6) is certainlty a problem as two foreigners would necessitate proof of 8 full time Thai employees.

A 2.1 Extension may well not be possible (no harm in trying, but be prepared for a knock back).

Maybe a One Year Multiple Entry Non Immigrant 'B" from Penang would be the fall back strategy.

That was a very comprehensive answer, thank you.

I am in BKK but I assume it's the same deal as Phuket anyway.

So I guess we will try and then do Penang if it doesn't go through.

I didnt know Penang were still doing multi entries,

seems everything I read lately says in region nobody is issuing them any more.

Any recent reports of success? That would be a good back up option for sure.

[Satcommlee]

Its only 2 Thai staff for people married to Thai's, maybe both him and his business partner are married.

[jimmiejackson]

I am married but my business partner isn't.

My extension of stay is based on marriage (non o) so I don't "use" Thai staff for my extension but I guess when I comes to my business partner's extension they will look at overall number of employees - 2 farang = 8 Thai, regardless of my reason for extension?

Thinking about booking a ticket to Penang for him, best option right now. Just waiting to see of anyone can confirm recent success there?

Edited October 25, 2013 by jimmiejackson