Work Permit Application regulations in Thai?

[sfmadison2]

I've searched the forums for this and I'm sure it's in here somewhere, but I can't seem to find a Thai language version of all the rules and regulations connected to applying for a work permit. I can read Thai and would also like to share it with my friend/prospective employer.

Specifically, I'm looking for a translation of the part about exceptions to the employer needing to confirm that the employee will receive at least 50,000 baht per month.

On the TV 'How to Get a Work Permit' page (http://www.thaivisa.com/how-to-get-thai-workpermit.html) it states that, "The Labor Department may also issue or renew work permits regardless of the above criteria when the foreign individual falls into one of the following categories." It then lists those categories.

[The context to this question is that I have a Thai friend with a long-established company who says he can help me get above board visa-wise again after my current visa expires. I think he understands the process as he used to have a farang investor/partner whom he would arrange visas for, but I want to make sure. Specifically I want to confirm that we can get through this process without him having to actually pay me anything. His message to me was, "I can have your name as a [redacted] employee so that you can get your working permit visa. Since we are [not] currently hiring any positiions, therefore there will be no salary pay to you. In this way, we can issue an employment paper to you to process your visa paper works." I'm not familiar enough with the rules to understand his logic here, but if any of the visa/extension-of-stay experts can confirm this, it would be of great help.]

Thanks a lot!

[Mario2008]

No salary means no extension of stay or non-B visa, not to mention the problems it will be in getting the WP itself if there is no salary.

[ubonjoe]

I have not seen the most recent ministerial regulations for work permits posted anywhere that were done in late 2010 or early 2011.

There is no minimum salary requirement for work permits. The 50k number is only for extensions of stay done by immigration based upon working.

[sfmadison2]

thanks, guys. you've both been helpful in the past in getting information. can't tell whether there's agreement or conflict here because i don't understand the process well enough.

joe, i hear you saying that one can get the work permit, but that proof of salary is needed to get the extension of stay.

does this mean, theoretically, that one could apply for a non-B, come back into Thailand on that non-B, apply for (and receive) a WP within that 90 days, but then fail to be able to stay on beyond that (thus rendering the WP useless). obviously one wouldn't want to go through the whole WP application process if it wasn't followed by an extension of stay.

i'm just trying to figure out whether my friend knows something i don't, or maybe whether one of those exceptions could apply, which is why i want to find the thai version of that info.

by the way, how does the proof of salary process work when attempting to extend one's stay with a non-B visa and a WP? does one have to show pay stubs? i did all this many years ago when I worked at a thai university, but i was new to thailand then and they had somebody from the university handling everything on that end so i never really knew what was happing behind it. (incidentally, my formal salary was FAR less than 50k a month there...)

[ubonjoe]

There are many people that get work permits but cannot qualify for an extension of stay. The go out for a multiple entry non-b visa and make border runs every 90 days. There are even a few that go out every 90 days for a new a single entry non-b.

You prove your income by showing tax payments.

It requires a thick stack of documents and etc. to get an extension of stay based upon working under clause 2.1 of the immigration order.

For teaching there is no minimum salary requirement under clauses 2.6 or 2.7 of the immigration order.

[sfmadison2]

There are many people that get work permits but cannot qualify for an extension of stay. The go out for a multiple entry non-b visa and make border runs every 90 days. There are even a few that go out every 90 days for a new a single entry non-b.

You prove your income by showing tax payments.

It requires a thick stack of documents and etc. to get an extension of stay based upon working under clause 2.1 of the immigration order.

For teaching there is no minimum salary requirement under clauses 2.6 or 2.7 of the immigration order.

so what benefit does only having a WP bring these people then? would this be a scenario where one can legally work, but only for 90 days at a time? sounds hard to believe that people would be satisfied with that arrangement.

sorry for not being quicker to understand all this, i just get confused sometimes by the overlap and differences between these things (visa, WP, extension).

thanks again for your help

[sfmadison2]

also, is this the right source for what paperwork is required for an extension of stay on a non-B + WP? a bit confused by them calling it a 'Residence Permit'. is this what we usually refer to as an "extension of stay"?

http://www.immigration.go.th/nov2004/doc/residence/residence_work_en.pdf

[ubonjoe]

That is for applying for permanent residency.

See clause 2.1 and annexes of Immigration Bureau order 327-2557 (2014) - extension criteria & conditions en (3).pdf

For work permits their is no list that I know of the WP1 application form has a check list that you can download here.

http://wp.doe.go.th/wp/index.php/2013-07-25-03-44-08/form-english

[sfmadison2]

thanks for the links, joe.

and so why would people want a WP if they weren't able to parlay it into an extension of stay?

[ubonjoe]

I would say that they are happy to have a job and are willing to make border runs every 90 days to have it.

Some have their own companies and are not able meed all the requirements for the extension a common one is the 4 Thai employees requirement.

[sfmadison2]

ok, i guess that makes sense. thanks again for all your help, ubonjoe

[PS2]

You must declare salary as it is stated in the work permit.

My lawyer recommended 35.000 baht would be enough, that would mean 1.000 Baht in personal income tax / month

[Jinjo14]

You must declare salary as it is stated in the work permit.

My lawyer recommended 35.000 baht would be enough, that would mean 1.000 Baht in personal income tax / month

35000 baht would not make you eligible to apply for an extension of stay either based on marriage or working though, am I correct?

Also if one was to work and pay personal income tax for a couple of years and move out of Thailand, would you get any form of rebate back?