Work permit for Non-Thai but ASEAN employees

[stickylies]

So, for each WP provided to a westerner a minimum of 2 (if farang is married with thai) or 4 Thai should be employed. I'm sure this rule is not applicable when employing Burmese or Lao or Khmer, at least not for Thai companies. What are the actual rules for aforementioned nationalities? And how about other non-Thai ASEAN employees (cf. 2015) ? Thanks.

[samran]

Those three nationalities come under the migrant labour scheme which effectively exempt you against the 1:4 ratio for work permits. There has been a few threads in the past here on it, but your local labour office will have the up to date details of what is needed. You'll also need to have them registered for government health care too as part of the process.

Both individuals (Thai and foreign) as well as companies can hire people under the scheme.

[ubonjoe]

The AEC that may go into effect next year will add no additional countries to the migrant worker program.

There is only a provision for certain professions that may allow them a easier process to get a work permit.

[phuketrichard]

Samran;

have to disagree this time as have done lots of research and backed up with visit to Lawyers and Labor office

This is for Phuket;

My gf has a Cambodian passport an is fully legal in thailand with a Non B one year visa . She had a wp last year but we had to give it back becasue the employeer needed it for a western person.

i asked at the labor dept about the L-A visa an they said NO. its only for UNDOCUMENTED workers, Ie those that do not have a passport.

This is from the lawyer that contacted the labor dept, "As I was confirmed by the official of labour office that the worker employee under LA visa is reserved for the foreigner who has stayed in Thailand but have no the passport confirming their nationality"

So we are now getting her a new wp so she can get her 2nd 1 year non B visa in Penang, same requirements as for a Foreinger but the salary is only 25,000/month

[samran]

Samran;

have to disagree this time as have done lots of research and backed up with visit to Lawyers and Labor office

This is for Phuket;

My gf has a Cambodian passport an is fully legal in thailand with a Non B one year visa . She had a wp last year but we had to give it back becasue the employeer needed it for a western person.

i asked at the labor dept about the L-A visa an they said NO. its only for UNDOCUMENTED workers, Ie those that do not have a passport.

This is from the lawyer that contacted the labor dept, "As I was confirmed by the official of labour office that the worker employee under LA visa is reserved for the foreigner who has stayed in Thailand but have no the passport confirming their nationality"

So we are now getting her a new wp so she can get her 2nd 1 year non B visa in Penang, same requirements as for a Foreinger but the salary is only 25,000/month

Sorry but hadnt heard this part of your story.

There certainly a nationality verification process that all migrant workers go through. It seems to be one of the quirks with the system is that while undocumented in Thailand they still need to prove their nationality to be eligible for the special passports which are issued. Certainly means that people such as your partner here in 'standard passports' are left out. Of course unless (I'm guessing) she submits herself to the same process for other migrant workers, and takes a trip back to the Cambodian border to get issued a Cambodian migrant worker temp passport (assuming they use the same process as my former Burmese maid who has to cross over and get a new passport issued and then was stamped in on an LA visa at the border).

[digitalchromakey]

Samran;

have to disagree this time as have done lots of research and backed up with visit to Lawyers and Labor office

This is for Phuket;

My gf has a Cambodian passport an is fully legal in thailand with a Non B one year visa . She had a wp last year but we had to give it back becasue the employeer needed it for a western person.

i asked at the labor dept about the L-A visa an they said NO. its only for UNDOCUMENTED workers, Ie those that do not have a passport.

This is from the lawyer that contacted the labor dept, "As I was confirmed by the official of labour office that the worker employee under LA visa is reserved for the foreigner who has stayed in Thailand but have no the passport confirming their nationality"

So we are now getting her a new wp so she can get her 2nd 1 year non B visa in Penang, same requirements as for a Foreinger but the salary is only 25,000/month

Agreed, don't see your gf could get a non LA while holding a full Cambodian passport, however many of the workers under this migrant labour scheme are documented issued with passports.

For example. all of my company's Burmese workers have 3/6 year passports (either Red 3 year or Mauve 6 year - both issued as temporary passports, just for Thailand).

Half of these workers have 2 year non LA Visas and the other half are on two year extensions on top of the original 2 year Non LA.

We have been told that the Thai/Burmese agreement for migrant workers allows a maximum stay of fours years, after that a full ASEAN passport is required, no further extension is possible in the temporary passports.

Talk now is of a new office opening in Ranong in June that can issue these ASEAN passports for migrant workers who have completed 4 years under the existing migrant labour agreement.

Goal posts however still seem to be moving and maybe they will issue new temporary passports instead with fresh Non LA Visas.

Those migrant workers who have already exceeded 4 years stay are now on an 'amnesty' where they can continue to get health care for 6 months beyond the end of their permission to stay and will not be prosecuted for overstay/WP expired.

Think this current bodge may be a consequence of the political impasse in BKK.

Also I do not believe that any undocumented workers can get temporary passports issued at the moment. In the South they were being issued in Surat Thani last year, but I think that stopped sometime maybe around July.

[phuketrichard]

i have read that this amnesty program ( for expired la visas/wp) was set in place a few months ago cause of all the troubles in Bangkok and the backlog of re issuing new visas, Not sure how long it will last. Also heard 4 years max on the la visa/wp

I aksed if she could go back to cambodia an apply for the LA visa and they said no cause she is already in the system.

I still find it hard to believe that all burmese here in Phuket have real working visas/passports. Here in kamala, there are as many Burmese as thai's. Got a camp 50 meters up the road that easily has 100 rooms full of workers/wifes/kids

Thailand; changes on every corner

[samran]

Samran;

have to disagree this time as have done lots of research and backed up with visit to Lawyers and Labor office

This is for Phuket;

My gf has a Cambodian passport an is fully legal in thailand with a Non B one year visa . She had a wp last year but we had to give it back becasue the employeer needed it for a western person.

i asked at the labor dept about the L-A visa an they said NO. its only for UNDOCUMENTED workers, Ie those that do not have a passport.

This is from the lawyer that contacted the labor dept, "As I was confirmed by the official of labour office that the worker employee under LA visa is reserved for the foreigner who has stayed in Thailand but have no the passport confirming their nationality"

So we are now getting her a new wp so she can get her 2nd 1 year non B visa in Penang, same requirements as for a Foreinger but the salary is only 25,000/month

Agreed, don't see your gf could get a non LA while holding a full Cambodian passport, however many of the workers under this migrant labour scheme are documented issued with passports.

For example. all of my company's Burmese workers have 3/6 year passports (either Red 3 year or Mauve 6 year - both issued as temporary passports, just for Thailand).

Half of these workers have 2 year non LA Visas and the other half are on two year extensions on top of the original 2 year Non LA.

We have been told that the Thai/Burmese agreement for migrant workers allows a maximum stay of fours years, after that a full ASEAN passport is required, no further extension is possible in the temporary passports.

Talk now is of a new office opening in Ranong in June that can issue these ASEAN passports for migrant workers who have completed 4 years under the existing migrant labour agreement.

Goal posts however still seem to be moving and maybe they will issue new temporary passports instead with fresh Non LA Visas.

Those migrant workers who have already exceeded 4 years stay are now on an 'amnesty' where they can continue to get health care for 6 months beyond the end of their permission to stay and will not be prosecuted for overstay/WP expired.

Think this current bodge may be a consequence of the political impasse in BKK.

Also I do not believe that any undocumented workers can get temporary passports issued at the moment. In the South they were being issued in Surat Thani last year, but I think that stopped sometime maybe around July.

I read that Thai employer groups have lobbied successfully for a scrapping if the 4 year limit of LA visas, the only hold up being the govt in caretaker mode has no power to implement it. As such there is a quasi amnesty going on.

[Arkady]

The AEC that may go into effect next year will add no additional countries to the migrant worker program.

There is only a provision for certain professions that may allow them a easier process to get a work permit.

Thailand has agreed to allow freedom of labour movement to ASEAN nationals but restricted to professionals in the areas of accounting, auditing, doctors, nurses and a couple of others but has not bothered to amend laws and regulations to make this possible yet. They are adamant about keeping out foreign doctors, even those that would treat only foreign patients, by continuing to mandate exams in Thai. Meanwhile, they continue to talk about the opportunities AEC will create for Thai professionals to work abroad, while digging in heels to prevent AEC professionals from working in Thailand. So basically, AEC means nothing for freedom of labour movement in Thailand. Thailand will continue to renew the annual MOU's allowing exemptions to Burmese, Cambodian and Lao labourers because it has no choice but that is nothing to do with AEC.

[thepool]

Interestingly all Western Countries bar medical professionals from practice unless the national language is spoken, read, written and understood .

Thailand is Thai and the language is Thai !

[stickylies]

So basically, AEC means nothing for freedom of labour movement in Thailand.

Exactly what I wanted to find out (point out) through this topic.

[stickylies]

can someone provide (official) link about L-A or NON L-A visas.

ta, sticky

[digitalchromakey]

can someone provide (official) link about L-A or NON L-A visas.

ta, sticky

As you would expect there is nothing I know of that is available in English - not sure if there are Thai/Burmese/Lao/Cambodian documents, probably..

[stickylies]

yeah I googled it with no luck sofar. if you know of foreign language version that is ok too. ta

[digitalchromakey]

A little bit of light reading on the history and background of Thai policy, action and legislation with reference to migrant workers::

http://tdri.or.th/wp-content/uploads/2013/07/h117.pdf

[samran]

can someone provide (official) link about L-A or NON L-A visas.

ta, sticky

http://www.burmalibrary.org/docs14/IOM-Migrant_Info_Note_No_18-en.pdf

[ubonjoe]

I found this on the immigration website doing a search on it. http://www.google.com/url?q=http://www.immigration.go.th/nov2004/2notice/200804_howto_laku.pdf&sa=U&ei=ytZhU7abMMPHuAT92IHABQ&ved=0CB4QFjAJ&usg=AFQjCNFGfPwKMJ0HzjR-PTspt96RZQSsIg

[stickylies]

[Peabody]

I've searched for information about L-A visas, but could not find an answer to my question. You guys seem to have some knowledge, so...

My Thai GF and I are traveling to Myanmar in about 3 weeks for a one week holiday. We are planning to take our Burmese friend, a 21 year old woman who works in Bangkok as a domestic helper, mauve passport valid until 2018, L-A Visa stamped in the passport. Her visa expires in October this year.

The visa is marked neither single entry nor multiple entry. My question is, will she be able to purchase a re-entry stamp on exiting Swampy and return to Thailand under her existing visa? She originally entered by land at Mae Sot, paying a 300 THB gratuity to the kind official who helped her.

Thanks in advance for any help. I know we should be able to go to Chaeng Wattana for info direct from the horse's mouth, but maybe someone knows something.

[ubonjoe]

It would best to go to one of the two offices specifically set up up for those on non-la visas.at Imperial World Lad Phrao or Major Hollywood Suksawat.

Location info can be found here: http://bangkok.immigration.go.th/en/base.php?page=location

[digitalchromakey]

I've searched for information about L-A visas, but could not find an answer to my question. You guys seem to have some knowledge, so...

My Thai GF and I are traveling to Myanmar in about 3 weeks for a one week holiday. We are planning to take our Burmese friend, a 21 year old woman who works in Bangkok as a domestic helper, mauve passport valid until 2018, L-A Visa stamped in the passport. Her visa expires in October this year.

The visa is marked neither single entry nor multiple entry. My question is, will she be able to purchase a re-entry stamp on exiting Swampy and return to Thailand under her existing visa? She originally entered by land at Mae Sot, paying a 300 THB gratuity to the kind official who helped her.

Thanks in advance for any help. I know we should be able to go to Chaeng Wattana for info direct from the horse's mouth, but maybe someone knows something.

The Non LA stamp is Single Entry but she can purchase a re-entry permit, she will need to carry her original Work Permit Papers and should also remove the slip stapled into her passport that confirms her address has been reported to immigration since the border staff will throw this document and it costs money to get a replacement.

If you apply to get a quota from Labour, then you can change the Work Permit to you as the employer.

The Non LA stamp two year entry can be extended at Immigration by another two years, but problems will start at 4 years and you would have to rely on further extension options being offered/available.

You should be aware that the Mauve passport is a temporary passport that is only good for Thailand and is issued as part of the process of documenting unregistered Burmese labour.

As ubonjoe posted above, the processes and even places you apply to are quite different for Burmese Labour and although you can do it all yourself, you might well find it a lot less painful if you use a Burmese Labour specialist agent.

[Peabody]

Thanks SOOO much for your prompt. informative replies, UbonJoe and DigitalChromaKey