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Thai Immigration is determined to prevent abuse of visa exceptions


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Yes your right. Rules must be clear and all Immigration offices should have the same rules. Not Immlgration officers making their own rules depending what mood they are in.

This mentality. Some Immigration offices will allow this and some will not allow that should be stopped. It is very unfair on those who visit Immigration offices for whatever reason.

Every Immigration office should be the same.

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as the other thread was closed, I'd like to continue the convo on non-B visa/BOI... So, from what I understood, you pay them some money (I'm guessing some larger investment + a monthly fee for accounting), you get a non-B + your own work permit and that it might be an option for freelancers, is that right? Now, the problem is that as a freelancer, you don't always have a steady income, so that might be a problem? Or it's no big deal unless you can pay the fee? Hope it's not too OT smile.png

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No.

As I think you very well know there is no such thing as a Work Permit for "freelancers".

And I very much suspect you have no intention of paying the Thai taxes on any income you get anyhow.

So please stop slinging that load of "bull - - -t" about and just admit you are doing, have been doing, and intend to keep doing; which is to work illegally in the future without obeying the Thai laws or paying Thai taxes.

So get all that nonsense done and over with now.

If you can't come up with the funds to start a Thai company legally, hire the required 4 employees, and pay income tax as well as the health insurance benefits for them you are required to do by Thai law, then stop slinging "Bull - - - t" around.

Are there no Freelancer "Managed Service Providers" / "Umbrella" companies in Thailand that provide temporary IT Resources? As what seems to be being described is kind of how they operate in other countries (you work for them, they provide work permit & place you in another company).

E.g. Optimum in Singapore (http://www.theoptimum.net/new/managed-service-practice.asp) & Parasol in UK (http://www.parasolgroup.co.uk/) both of whom I've had resources from that they have arranged the work permit (backed by invitations letters from a in-country MNC) for.

Perfectly legitimate elsewhere (everybody is paying taxes & has the necessary paperwork) & seems to be a growing business with more. & more demand for resources on 3-12month "Contracts".

Edited by JB300
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Yes your right. Rules must be clear and all Immigration offices should have the same rules. Not Immlgration officers making their own rules depending what mood they are in.

This mentality. Some Immigration offices will allow this and some will not allow that should be stopped. It is very unfair on those who visit Immigration offices for whatever reason.

Every Immigration office should be the same.

Sent from my GT-S5360 using Thaivisa Connect Thailand mobile app

bit like the British PP office you mean ?, yes their rules and process's are all uniform....whistling.gif

This issue is not unique to Thailand, it called bureaucracy dear boy...

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as the other thread was closed, I'd like to continue the convo on non-B visa/BOI... So, from what I understood, you pay them some money (I'm guessing some larger investment + a monthly fee for accounting), you get a non-B + your own work permit and that it might be an option for freelancers, is that right? Now, the problem is that as a freelancer, you don't always have a steady income, so that might be a problem? Or it's no big deal unless you can pay the fee? Hope it's not too OT smile.png

---------------------------

No.

As I think you very well know there is no such thing as a Work Permit for "freelancers".

And I very much suspect you have no intention of paying the Thai taxes on any income you get anyhow.

So please stop slinging that load of "bull - - -t" about and just admit you are doing, have been doing, and intend to keep doing; which is to work illegally in the future without obeying the Thai laws or paying Thai taxes.

So get all that nonsense done and over with now.

If you can't come up with the funds to start a Thai company legally, hire the required 4 employees, and pay income tax as well as the health insurance benefits for them you are required to do by Thai law, then stop slinging "Bull - - - t" around.

Your wrong..

1) there is a visa for freelance work.. Check what journalists get..

2) there are BOI registered companies who can employ you and for 25% of your turnover, they pay your taxes and make you fully legal (up to a certain level of income per month.. Over that they need more than 25% to cover the taxes). This way you just concentrate on working, not needing the do the accounting, 4 thai staff, etc. They pay your tax and social security etc..

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I am under 50 and my income is from the UK from various properties, I spend my time here on Triple Entry Tourist Visa's and head back to homeland every 9 months...now my Thai GF is now 6 mths pregnant.....I rent a place here.....what now?

Why not have a Visa that is similar to a "retirement" Visa but is allowed for under 50's?

I fit all the requirements of a retirement Visa BUT I am not 50.....not my fault I made my cash before the so-called "retirement" age.

I know at the moment, Triple Entries are exempt (to a degree) BUT can easily see this being misinterpreted by Imm.

Marriage here I come!

Non immigrant O to support a Thai child (ie yours). Or if you've got enough to retire early 10 million investment visa.

I have one of these, and i have been supporting my child in Thailand for the last 8 years. I am not married and the child lives predominantly with me, though she does spend weekends with her mother or when i travel for work. Her mother has married an american. the whole convoluted family thing works really well for us because we have the interests of the child in mind and all get along very well.

I often travel regionally for work, and sometimes take exemptions when renewing the non O would be inconvenient, so i have a mix of stamps in my passport. I just renewed the non-o last week after being in thailand for a month on a 30 day stamp issued at suvarnabhumi on arrival from the phils.

I re- entered the country 2 days ago.

I do a lot of work in the phils, sometimes every other month there for 30 days, then thailand for 30 days and when i hit this cycle, i will get 30 days phils voa, then com back to thailand for 30 days stamp, then return, i am quite interested to see how this will shake out. i have done one in out visa run to poipet in about 15 years because a trip to the phils was delayed by 7 days at the end of a non-o. Other than that i have always flown.

I have noticed that in the last two months the immigration officers seem to be paying more attention to the visa history, I have been questioned in thai regarding my child and generally asked more questions than in the past.

i work entirely out of the country though i do some admin and emails in Thailand and am paid through multiple sources offshore. I often travel back to Thailand with sufficient cash in hand to fund a few months.

I am now going to make a point of keeping my non-o current, getting re-entry permits and regularly renewing it rather than letting it lapse for convenience sake and getting a 30 day stamp to bridge the gap.

Im quite curious as whether or not i will be affected, and whether the non-o raises any flags when mixed with the occasional tourist stamp, but not overly concerned.

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Fyi I was detained at Swampy this week by the newly uniformed immigration staff wehn arriving without a visa from Macau (expecting the 30 day). My p/p is a bit of a multi stamp mess and i have overstayed, due to confusion with my former Thai employer. Eventually they let me thru perhaps mostly because i had actually had a work permit up to March this year and explained i was doing some travelling around before going to the UK, all true. I actually wanted to stick around a while, trying to sell my condo (ha ha), but i don't think they'll let me back in without taking a 6month break. It doesn't make owning property here any more appealing does it.

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as the other thread was closed, I'd like to continue the convo on non-B visa/BOI... So, from what I understood, you pay them some money (I'm guessing some larger investment + a monthly fee for accounting), you get a non-B + your own work permit and that it might be an option for freelancers, is that right? Now, the problem is that as a freelancer, you don't always have a steady income, so that might be a problem? Or it's no big deal unless you can pay the fee? Hope it's not too OT smile.png

---------------------------

No.

As I think you very well know there is no such thing as a Work Permit for "freelancers".

And I very much suspect you have no intention of paying the Thai taxes on any income you get anyhow.

So please stop slinging that load of "bull - - -t" about and just admit you are doing, have been doing, and intend to keep doing; which is to work illegally in the future without obeying the Thai laws or paying Thai taxes.

So get all that nonsense done and over with now.

If you can't come up with the funds to start a Thai company legally, hire the required 4 employees, and pay income tax as well as the health insurance benefits for them you are required to do by Thai law, then stop slinging "Bull - - - t" around.

This typical full of themselves thaivisa.

A lot of folks* want to be legitimate but simply can't. For example this year one has to pay social security of 4 thai staff (dont employee any), but now have to have a business address too and have to present a photo of myself with the required staff in an office with uniform holding a folder etc.. These requirements for the freelancer working at home (and wanting to pay tax) are not possible. Of course if you believe that every business starts from an office with 4 employees then sure go do a speech at the 2014 entrepreneurs fair.

* writers, remote sales, programming, social media marketers, seo, consultants, etc..

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You want facts , I'll give you facts .And this is mainly directed at the ones who posted that this is a great system without a hitch.

I'm 55 yrs.old .Never been to thailand in my life but had thought about retiring there. (Yes I am presently retired.)Anyway before making the leap I naturally wanted to see the country . So about four months ago I applied for a double entry visa from my home in the U.S. I received it and off I went. Now from what I understood is that I would enter, and before sixty days were up I would apply for a thirty day extension. Then before the extension ended ,a few days or so ,I would leave the country and reenter because I had a tourist visa. A dble entry tourist visa. That's,,, tourist , visa .

Well I received my extension with no problem.

Now to keep you up to speed I really liked thailand and decided that it would make a good retirement location and was planning to reenter on the dble entry and apply for the ''retirement'' visa.Get my affadavit from the consulate, proof of income, fill out the documents etc.

After three months I had seen enough and felt content.

On this past Tuesday a week before my extension ended I crossed the border to reenter.I had left all my luggage and personal belongings at my room I had been renting and only took the nec. documents along to present to the fine ,honest, intelligent, uncorrupt immigration officials.

(By the way not that it should make a difference, but I 've been staying in Chiang Mai.)

Now what do you think happened??? They refused to let me back in.

I was dressed well, clean shaven , very presentable and polite.My papers were in order . But regardless ,the interrogation began. And it was'nt pleasant .They accused me of working illegally and/or attempting to seek employment. They wanted to see my itinerary. Why I was in thailand to begin with, where I was staying, who did i know there, how much money I had.(I had about 6000 bht with me). ,etc.etc., This #$^% went on for an hour. They ultimately said ...no.Partly because I opted to rent a studio apartment rather than stay at a hotel ! Renting a studio apt. evidently removes one from''tourist'' status!!

Oh they wanted to see money, alot of money! And I got the feeling that a bribe was being suggested, more than once.

Now at that point I was livid. but I 've read enough to know you don't get angry. So I politely asked to speak to someone in charge. Which i finally did. And to tell you the truth I would have said fine and the hel with thailand, but all my belongings were at the room I was renting. The guy finally allowed me to enter ,this took oh about 5 hrs total.

Now I'm in this sewer of a country and will not be staying. I am completely disgusted with the place . I'm not a deadbeat . I am a retired police officer with a very nice pension. But this whole thing transpired because some idiot at immigration ''suspected'' I was working. did you get that..................... ''s u s p e c t e d''. Regardless of my tourist visa that I had been issued, by his Embassy.

And that is the entire problem, all they have to do is suspect someone .And a few intelligent posters get that here. Some jerk at immigration has a bug up his or her behind and that clown decides not to let you enter ,because they use the ''suspect'' card and accuse you to be working illegally or whatever reason..they ''feel''.at the time .It does'nt matter what visa you have. Way too much power to give to immigration ''officers'' with regards to enforcing a very vague rule.

The lunatic asylum has handed the keys over to the patients and it's going to be bad for everyone ,honest and dishonest forieghners alike.

As a police officer, did you ever detain a suspect that later turned out to be innocent? Just asking.

Sent from my iPad using Thaivisa Connect Thailand

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I should add I am planning on returning to singapore the 2nd week of June for a few days as well. And then will fly back to Thailand. The company will start the WP application process once I am on the ground

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Do you not first need a non-IMM B visa to process the work permit? Why not enter under the non-IMM B visa?

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I should add I am planning on returning to singapore the 2nd week of June for a few days as well. And then will fly back to Thailand. The company will start the WP application process once I am on the ground

Sent from my iPad using Thaivisa Connect Thailand

Do you not first need a non-IMM B visa to process the work permit? Why not enter under the non-IMM B visa?

Sent from my iPad using Thaivisa Connect Thailand

A non-b visa is not needed to apply for a work permit it can be done with a tourist visa. At all nearby locations you need the work permit approval letter to get the non-b.

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I should add I am planning on returning to singapore the 2nd week of June for a few days as well. And then will fly back to Thailand. The company will start the WP application process once I am on the ground

Sent from my iPad using Thaivisa Connect Thailand

Do you not first need a non-IMM B visa to process the work permit? Why not enter under the non-IMM B visa?

Sent from my iPad using Thaivisa Connect Thailand

A non-b visa is not needed to apply for a work permit it can be done with a tourist visa. At all nearby locations you need the work permit approval letter to get the non-b.
Thank you. I was not aware.

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<script type='text/javascript'>window.mod_pagespeed_start = Number(new Date());</script>

You want facts , I'll give you facts .And this is mainly directed at the ones who posted that this is a great system without a hitch.

I'm 55 yrs.old .Never been to thailand in my life but had thought about retiring there. (Yes I am presently retired.)Anyway before making the leap I naturally wanted to see the country . So about four months ago I applied for a double entry visa from my home in the U.S. I received it and off I went. Now from what I understood is that I would enter, and before sixty days were up I would apply for a thirty day extension. Then before the extension ended ,a few days or so ,I would leave the country and reenter because I had a tourist visa. A dble entry tourist visa. That's,,, tourist , visa .

Well I received my extension with no problem.
Now to keep you up to speed I really liked thailand and decided that it would make a good retirement location and was planning to reenter on the dble entry and apply for the ''retirement'' visa.Get my affadavit from the consulate, proof of income, fill out the documents etc.
After three months I had seen enough and felt content.

On this past Tuesday a week before my extension ended I crossed the border to reenter.I had left all my luggage and personal belongings at my room I had been renting and only took the nec. documents along to present to the fine ,honest, intelligent, uncorrupt immigration officials.

(By the way not that it should make a difference, but I 've been staying in Chiang Mai.)


Now what do you think happened??? They refused to let me back in.
I was dressed well, clean shaven , very presentable and polite.My papers were in order . But regardless ,the interrogation began. And it was'nt pleasant .They accused me of working illegally and/or attempting to seek employment. They wanted to see my itinerary. Why I was in thailand to begin with, where I was staying, who did i know there, how much money I had.(I had about 6000 bht with me). ,etc.etc., This #$^% went on for an hour. They ultimately said ...no.Partly because I opted to rent a studio apartment rather than stay at a hotel ! Renting a studio apt. evidently removes one from''tourist'' status!!
Oh they wanted to see money, alot of money! And I got the feeling that a bribe was being suggested, more than once.

Now at that point I was livid. but I 've read enough to know you don't get angry. So I politely asked to speak to someone in charge. Which i finally did. And to tell you the truth I would have said fine and the hel with thailand, but all my belongings were at the room I was renting. The guy finally allowed me to enter ,this took oh about 5 hrs total.

Now I'm in this sewer of a country and will not be staying. I am completely disgusted with the place . I'm not a deadbeat . I am a retired police officer with a very nice pension. But this whole thing transpired because some idiot at immigration ''suspected'' I was working. did you get that..................... ''s u s p e c t e d''. Regardless of my tourist visa that I had been issued, by his Embassy.

And that is the entire problem, all they have to do is suspect someone .And a few intelligent posters get that here. Some jerk at immigration has a bug up his or her behind and that clown decides not to let you enter ,because they use the ''suspect'' card and accuse you to be working illegally or whatever reason..they ''feel''.at the time .It does'nt matter what visa you have. Way too much power to give to immigration ''officers'' with regards to enforcing a very vague rule.
The lunatic asylum has handed the keys over to the patients and it's going to be bad for everyone ,honest and dishonest forieghners alike.


As a police officer, did you ever detain a suspect that later turned out to be innocent? Just asking.


Sent from my iPad using Thaivisa Connect Thailand

Mistakes happen. With immigration one rule is to stay calm whatever happens even if you are right and you know immigration made a mistake. Recently immigration is just denying entry in cases where there is something wrong. Like the famous russian lady in Phuket who got denied entry. Some years ago some travelers had more rough time.

About five years ago I visited Phuket few times and locals there were talking about some weird problems in Thailand airports. I think situation is now better. Found those old news.

Briton faces up to two years in Thai jail after 'passport mix-up'

http://www.theguardian.com/world/2009/mar/09/thailand-briton-jail-immigration

Tourists warned of Thailand airport scam

http://news.bbc.co.uk/1/hi/8154497.stm

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Immigration Commissioner Pharnu just got 'transferred' by the junta ...

Source...

Here... reported as part of a purge to install junta friendly figures in the police force.

let's see how farang friendly the new guy will be

EDIT: linking and quoting of bangkokpost is not allowed.

Edited by Mario2008
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I will be on the correct visa shortly as I will be getting married BUT some of the comments on here along the lines of "get the right visa", "serves you right" etc etc....I really can't wait to hear what they say if THEIR Visa requirements to stay here are changed....eg. 10m in the bank for retirement visa, must employ 20 Thai's for a business visa, 5m in the bank for a marriage visa....ok, I am being extreme but you get the idea!

I will be first in the queue to tell them...."Go home you don't have the correct visa and stop whinging! "

Sent from my GT-I9300T using Thaivisa Connect Thailand mobile app

Edited by kjhbigv
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I should add I am planning on returning to singapore the 2nd week of June for a few days as well. And then will fly back to Thailand. The company will start the WP application process once I am on the ground

Sent from my iPad using Thaivisa Connect Thailand

Do you not first need a non-IMM B visa to process the work permit? Why not enter under the non-IMM B visa?

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Thanks guys. No problems at all. I entered and left on the visa exemption, and then cooled my heels in singapore waiting for the docs from my company for the non-b. Coming back through the immigration officer barely even acknowledged me.

Just a tip though. The embassy in Singapore required a hard copy of your INWARD ticket. They were turning all away who did not have that (even though there was no mention on the website).

OB

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I will be on the correct visa shortly as I will be getting married BUT some of the comments on here along the lines of "get the right visa", "serves you right" etc etc....I really can't wait to hear what they say if THEIR Visa requirements to stay here are changed....eg. 10m in the bank for retirement visa, must employ 20 Thai's for a business visa, 5m in the bank for a marriage visa....ok, I am being extreme but you get the idea!

I will be first in the queue to tell them...."Go home you don't have the correct visa and stop whinging! "

Sent from my GT-I9300T using Thaivisa Connect Thailand mobile app

If they made changes that meant I couldn't meet the requirements to legally stay in Thailand, I'd be gone. I wouldn't try to game the system or evade it. I'd miss Thailand but wouldn't look back.

David

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I think the gripe most under 50s (I'm 48 & 1/4, not like I'm counting) have is that there's no mechanism to obtain the equivalent of the retirement visa even if they have the financial means to have retired, in the case of military personnel etc... May have "Officially" retired in their home country.

Retiring from a job (e.g. the military) is NOT the same as being retired. If you are from the US, full retirement age is not reached until one's 66th birthday (note, it may be 67 today).

That's not to say that you cannot collect retirement benefits from your employer from the day you "retire" from them, but your country may view your status in a different light.

Thailand happens have to have a low age threshold for retirement. Unless you are making a huge sum from your retirement, I would recommend that, if possible, you consider spending another 10-15 years working with a different employer so that you can qualify for even more retirement benefits.

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Why anyone should have to show minimum 20,000 THB in cash during travel?

Umm, 20,000 baht is not really that much money. You can easily withdraw that sum from an ATM, and you wouldn't sweat doing that in the middle of a busy mall. Yet you fear getting robbed at 35,000 feet whilst flying from A to B. cheesy.gif

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Now I must take issue with you Samran, because here in Phuket it is not always that easy to get a WP. I have worked in Phuket, but my 2 initial applications (many years ago) for a WP were rejected by Phuket Labour Office, without reason, (all company documents, employed Thais etc correct). Then my lawyer made a 'small' change to my application involving xx,000 baht and voila! I get my WP.

Fast-forward to this year and I am applying again for a WP (as manager of my new little resort). All paperwork is correct, but my lawyer has warned me that I will not get that WP unless I pay around 50,000 baht bribe.

(BTW, this is not my lawyer trying to rip me off - I have used 2 different lawyers (1 foreign, 1 Thai) for over a decade in Phuket, with very low fees and good service).

So in my efforts to stay legal, I am forced to break the law by paying bribes.......

I wish it were not so, but obtaining a WP in Phuket is not always straightforward at all.

Simon

What specialized skill are you providing, as a 'manager', that a Thai professional could not provide? If you can answer this question to the satisfaction of the Labour Office, then perhaps you will get the WP without the need for a bribe.

Edited by Gumballl
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I actually bring cash to Thailand when possible - up to 5k sterling as it is the cheapest way avoiding the atm fees - so if I found myself having to do a border run I'd have to bring the cash with me and show it - hardly ideal

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I think the gripe most under 50s (I'm 48 & 1/4, not like I'm counting) have is that there's no mechanism to obtain the equivalent of the retirement visa even if they have the financial means to have retired, in the case of military personnel etc... May have "Officially" retired in their home country.

Retiring from a job (e.g. the military) is NOT the same as being retired. If you are from the US, full retirement age is not reached until one's 66th birthday (note, it may be 67 today).

That's not to say that you cannot collect retirement benefits from your employer from the day you "retire" from them, but your country may view your status in a different light.

Thailand happens have to have a low age threshold for retirement. Unless you are making a huge sum from your retirement, I would recommend that, if possible, you consider spending another 10-15 years working with a different employer so that you can qualify for even more retirement benefits.

The very definition of retirement is to leave ones job and not work anymore...

Retirement. 1. the action or fact of leaving one's job and ceasing to work.

(http://www.oxforddictionaries.com/definition/english/retirement)

But I take your point that there is a difference between an "Official" retirement age & the age that somebody may choose (or be forced to) retire.

As to whether to carry on working or not, everybody's circumstances are different & it's a balance between having an extra 10-15 years enjoying retirement vs having an extra £xxx amount of money per month.

#IF# the assets you already have are enough for your wants/needs & #IF# you can cope with retirement (I wouldn't underestimate the importance of planning this side of things) then why not retire?

I think the age restriction (I don't believe Thailand has an official retirement age) is there because of the risk of people not having these 2 points covered before retiring & so end up working illegally for the cash or to relieve the boredom, obviously there's a risk that you can be any age & in the same boat but it was decided that an appropriate age was 50.

With the re-introduction of the Thailand Elite Card, "Cashed Up" under-50s do have a way of "Retiring" in Thailand, my #Personal# view is that if you cannot afford one of these then maybe you're cutting it a bit close & should consider stockpiling more assets.... Again, this is a personal view & everybody needs to work it out for themselves.

Edited by JB300
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What specialized skill are you providing, as a 'manager', that a Thai professional could not provide?

Probably the most relevant would be native English speaker, knowledge of foreign cultures/idiosynchrasies (spelling!), knowledge of French, German, Italian and so on.

To be blunt, unless I were employing a highly qualified and experienced Thai professional with a 5-star hotel background, (and salary demands to boot), no Thai person (and I mean 100%) possesses the skills required to do this job well. It requires a foreigner.

Of course, I can't say that to the Labour Office, but it is a fact whistling.gif That is maybe why most of the other small hotels by the airport (Thai-managed) have a low occupancy rate and my hotels have a yearly average that approaches 100%....

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