Application Time For Work Permit

[vdries]

I hope someone can help me.

My case is: There is a consultant here in Bangkok that wants to hire me as an employee. He has been given the rights of an american company to launch their new product in Asia, and he will do so from his office in Bangkok. This means that he is going to set up a daughter company of the us company here in Bangkok and this will be the company that eventually will employ me.

I am currently in Thailand, but I will return to my homecountry in Europe. I will apply there for a Non Immigrant B visa. My first question, will I have to apply for a single entry or a multiple entry in order to get a work permit? The second question, how much time is permitted between the time that I enter Thailand and the time that the company has to apply for a work permit? It will probably not be possible to apply straightaway, as the company still needs to be set up.

Legally spoken I cannot work without my workpermit, just on a non immigrant visa, is that correct?

Thanks a lot for your advice in advance.

[Sunbelt Asia]

I am currently in Thailand, but I will return to my homecountry in Europe. I will apply there for a Non Immigrant B visa. My first question, will I have to apply for a single entry or a multiple entry in order to get a work permit?

Either one will work. However best for you to obtain the multi entry visa if your company will not be hiring one Thai employee or paying you 50,000 Baht per month.

The second question, how much time is permitted between the time that I enter Thailand and the time that the company has to apply for a work permit? It will probably not be possible to apply straightaway, as the company still needs to be set up.

After the company is set up, you should get the work permit within 10-14 days.

Legally spoken I cannot work without my workpermit, just on a non immigrant visa, is that correct?

Correct. You cannot work with just a non immigrant visa, you need the work permit as well.

www.sunbeltasiagroup.com

[vdries]

Thanks a lot for your answer

Either one will work. However best for you to obtain the multi entry visa if your company will not be hiring one Thai employee or paying you 50,000 Baht per month.

Why is this? Actually I will get paid more than 50,000 baht, so that would be no problem for single entry. How ever, the job will require some travelling, so would you say it is wise to have a multiple entry visa or does a work permit not require you to get a re-entry permit?

After the company is set up, you should get the work permit within 10-14 days.

Legally spoken I cannot work without my workpermit, just on a non immigrant visa, is that correct?

Correct. You cannot work with just a non immigrant visa, you need the work permit as well.

Is it possible to enter Thailand on a non imm b and wait here until the company has been set up before I start to work, and is there a maximum time limited to how long I can stay here on a non imm b before I have to apply for a work permit?

Thanks again.

[Sunbelt Asia]

Why is this? Actually I will get paid more than 50,000 baht, so that would be no problem for single entry. How ever, the job will require some travelling, so would you say it is wise to have a multiple entry visa or does a work permit not require you to get a re-entry permit?

You only need a single 90 day visa to apply for the work permit. Once the work permit has been grated, in most cases, the work permit is good for one year. However in reality it is only valid up to the departure date on your visa. If you had 70 days left on your visa it will correspond for the same period( even though on page 5 of the work permit, it states its good for one year, before you need to renew it)

You then have two choices, one to apply for the extension of stay based on business which for a Consultant requires one Thai employee ( other business objectives require 4 Thai employees) getting a minimum salary of 5,250 Baht per month and a minimum salary for your nationality which in your case is 50,000 Baht. If you can meet these criteria, then you should apply for a single entry.

However if you could not meet the criteria, you should get a multi entry. So you can revalidate your work permit by crossing the border and getting a fresh 90 day visa stamp which then can be showed to the Labor Dept to get another 90 days in your work permit. With this method, you do not need to get a minimum salary of 50K per month or employ any Thais.

Is it possible to enter Thailand on a non imm b and wait here until the company has been set up before I start to work, and is there a maximum time limited to how long I can stay here on a non imm b before I have to apply for a work permit?

Thanks again.

Yes you set up the company while you are here. The visa is good for only 90 days on a single entry. A multi entry means you need to go outside Thailand every 90 days.

www.sunbeltasiagroup.com

[Couthy]

Hi,

Work permit must be applied for within 30 days of your arrival in Thailand on B visa.

This fact seems to be overlooked by some on this site offering advice.

There is a 30 day cut off - if anyone wants I can post the relevant legislation in Thai and English

on Sunday - Busy, busy!.

Couthy.

[Couthy]

O.K.

Here it is straight from the horse's mouth.

As a sponsor of this site is a law firm expect this to be deleted shortly!.

To quote Dave Barry, " America has more lawyers than human beings...".

Read, and save yourself time and money...

Cheers,

Couthy.

workPermit_doc.doc

[Sunbelt Asia]

Hi,

Work permit must be applied for within 30 days of your arrival in Thailand on B visa.

This fact seems to be overlooked by some on this site offering advice.

There is a 30 day cut off - if anyone wants I can post the relevant legislation in Thai and English

on Sunday - Busy, busy!.

Couthy.

In reality, you can apply for a new work permit even if you have one day remaining on your visa. However when the new work permit is granted, it will have been already expired! You of course will by that time( 10-14 days later) have either applied for the extension of stay based on business to get a 30 day under consideration stamp which will then revalidate the new work permit that same day or have gotten a new 90 day visa by going outside the country. You then can revalidate your new work permit by showing the Immigration stamp that same day. Be aware though you will have to pay 850 Baht twice in government fees. 850 Baht for the one day and 850 Baht for the new 30 day or 90 stamp.

www.sunbeltasiagroup.com

.

[Couthy]

Indeed so,

But call me old fashioned, call me thick, call me what you desire, but I work in a very carefully regulated industry that is called 'aviation safety',

As engineers we have an acronym that goes. KISS. (keep it simple stupid).

Much easier to do the work permit the easy way rather than forking out again and again and again.......

But then again, no-one tells foreigners that they can do it with their Thai compatriats for minimal cost. There is a whole industry out there!.

Cheers,

Couthy.

Hi,

Work permit must be applied for within 30 days of your arrival in Thailand on B visa.

This fact seems to be overlooked by some on this site offering advice.

There is a 30 day cut off - if anyone wants I can post the relevant legislation in Thai and English

on Sunday - Busy, busy!.

Couthy.

In reality, you can apply for a new work permit even if you have one day remaining on your visa. However when the new work permit is granted, it will have been already expired! You of course will by that time( 10-14 days later) have either applied for the extension of stay based on business to get a 30 day under consideration stamp which will then revalidate the new work permit that same day or have gotten a new 90 day visa by going outside the country. You then can revalidate your new work permit by showing the Immigration stamp that same day. Be aware though you will have to pay 850 Baht twice in government fees. 850 Baht for the one day and 850 Baht for the new 30 day or 90 stamp.

www.sunbeltasiagroup.com

.

[Sunbelt Asia]

Here it is straight from the horse's mouth.

As a sponsor of this site is a law firm expect this to be deleted shortly!.

We welcome feedback and questions. If not, we sure would not be a sponsor.

Work permit must be applied for within 30 days of your arrival in Thailand on B visa.

This fact seems to be overlooked by some on this site offering advice.

This is not what this says from your link:

COMPLY WITH THE FOLLOWING:

1. An alien who wishes to apply for a work permit under the Board of Investment (BOI) law or other similar commercial laws must file an application for a work permit within 30 days from the date he/she is allowed to work under such law.

Can you please point out where it states thisapplied for within 30 days of your arrival in Thailand on B visa?

Indeed so,

But call me old fashioned, call me thick, call me what you desire, but I work in a very carefully regulated industry that is called 'aviation safety',

As engineers we have an acronym that goes. KISS. (keep it simple stupid).

Much easier to do the work permit the easy way rather than forking out again and again and again.......

But then again, no-one tells foreigners that they can do it with their Thai compatriats for minimal cost. There is a whole industry out there!.

Cheers,

Couthy.

If you are BOI, then its much easier process where a visa and work permit can be approved in 2 hours. If your company does not meet the criteria to go to the one stop center ( most do not) , then you will find that you will be under a number of 30 day considerations until you are approved for the one year extension of stay based on business. Otherwise you will need to do 90 day visa runs with a one year work permit. That’s the facts of life for most businesses in Thailand that employ foreigners. The fact remains you can apply for a new work permit from 1 day to 90 days left on your non immigrant visa. If you did not want to travel, then you saved yourself a trip outside Thailand by the Labor dept allowing you to apply for the work permit with even one day left on your visa. ( You then would get a 30 day under consideration stamp from Immigration)

Of course if you had a extension of stay based on marriage or education for one year, you will get the work permit for the time period of the visa remaining as well.

www.sunbeltasiagroup.com

[Couthy]

Hi Sunbelt,

Sorry for the late reply:

We work in a very specialised area, with the Thai company only having one foreigner in the team.

It is irrelevant what country I am in due to the nature of the business - however my lot wanted me back for a year ot two as we are in a process of expansion.

Last week we went to the Labour Department to ratify the WP and were told that on a B visa the WP must be applied for within 30 days of the visa being activated -i.e. a person's arrival at the entry point in Thailand.

We are not BOI.

If it is any help I can get our CEO to write the particular info for you in Thai and what was explained to us.

Certainly, the regulations are diffferent from a few years ago and have been simplified. (A good thing!).

It is no great problem at all - at least they take the time to explain these days!.

Cheers,

Couthy.

COMPLY WITH THE FOLLOWING:

1. An alien who wishes to apply for a work permit under the Board of Investment (BOI) law or other similar commercial laws must file an application for a work permit within 30 days from the date he/she is allowed to work under such law.

Can you please point out where it states thisapplied for within 30 days of your arrival in Thailand on B visa?

[

[Sunbelt Asia]

Strange. Our firm on average processes 15-20 work permits a day at the Labor Dept and our clients have never had this ruling.

As of now, it has been no problem how much time is left as long as they are not overstay! ( Of course than the visa is not valid ) We have had situations where clients did a 14 day extension and then they even applied for the work permit.

What Labor Dept office was this?

www.sunbeltasiagroup.com

[Couthy]

Hi Sunbelt,

Office was Din Daeng.

No overstay and still 6 weeks validity on the B visa - which was granted following supporting letters, copies of purchase orders for the previous five years from government dept's., tax statements, company accounts and of course registration details.

I will reiterate, the system is much simpler now and whilst our business is government contracts our lot are well up to speed on the way paperwork is generated!.

It is no great problem as we have to attend some meetings shortly in a neighbouring country and we will just do the prcess as they ask.

No sweat....no worries.

Cheers,

Couthy.

Strange. Our firm on average processes 15-20 work permits a day at the Labor Dept and our clients have never had this ruling.

As of now, it has been no problem how much time is left as long as they are not overstay! ( Of course than the visa is not valid ) We have had situations where clients did a 14 day extension and then they even applied for the work permit.

What Labor Dept office was this?

www.sunbeltasiagroup.com