How To Keep Your Foreign Nanny In Thailand Legally

[Sunbelt Asia]

How to keep your Foreign Nanny in Thailand Legally

We have had quite a number of calls and concern by foreign families that were worried about their foreign nanny needing to leave their family in Thailand, because of the visa enforcement. In all cases the nanny was doing a 30 day visa run. Many nannies were Filipinos who were hired because they speak English. We also have been called to help with the foreign housekeeper, cook or maid.

Understandably, many were quite emotional the strain it was causing on their kids and the nanny. When we have helped them, it has been like a heavy box of rocks coming off their shoulder. You can see the joy the nanny and they as an employer can now be legal. We would like to share the requirements and costs.

Requirement

The easiest criteria to meet, is someone must be paying 50,000 Baht personal income tax per year. This ‘someone” can be a foreigner with a work permit or a Thai national. This foreigner or Thai does not need to have a company. For every 50,000 tax paid per year, up to three people can be employed. Example: you paid 200,000 Baht in tax last year you can employ three foreigners.

Proof of this income is the last three months of Phor Ngor Dor.1 (Personal Income tax form filed on a monthly basis) and Phor Ngor Dor.91 ( Filed on a yearly basis in March) If you do not have a Phor Ngor Dor.91 because you have not been working in Thailand, this is not a problem. However you must have the last three months of Phor Ngor Dor.1 (Personal Income tax form filed on a monthly basis)

We also need a copy of the work permit and passport, if it’s a foreign employer.

Also is needed a copy of the rental agreement from the landlord of the residence and the employer.

From the nanny we just need her resume and copy of passport. Later after she gets the WP3, we’ll need a doctor's certificate stating she is in good health (this can be arranged quickly in Thailand and generally costs less than 500 baht and usually does not required any actual exam) as well as three color, 4 by 5 centimeter photos.

The nanny will need to Kuala Lumpur "KL" or Penang with the WP3 and a letter from the employer's employer that you make X amount of Baht, length of employment and position. If the employer's employer is the director and shareholder of the company, please provide a copy of the company affidavit. (signed by the director and stamped) If the nanny is going to Singapore, they must take the company affidavit and letter from the employer, even if the employer is not a director or a shareholder of the employers company.)

Please note: You do not have to have a company to employ a nanny, it's only required to get the letter from the company you yourself work for.

Required Documents to get your Nanny the WP3/ Visa and work permit:

Last three months of Phor Ngor Dor.1 (Personal Income tax form filed on a monthly basis) Your Employer's accountant will have this.

Phor Ngor Dor.91 ( Filed on a yearly basis in March) Your Employer's accountant will have this.

Work Permit ( If a Foreign Employer)

Passport ( If a Foreign Employer)

Thai ID ( If a Thai Employer)

Rental Agreement of the Residence ( If you own your own home/condo, copy of the household registration or deed)

Letter from the employer's employer (that you as an employee make X amount of Baht, length of employment and position... if you are a shareholder or director, attach the affidavit of the company as well. If the nanny is going to Singapore, attached the affidavit of the company in all cases)

Resume ( From the Nanny)

Photo ( three 4 x 5 cms photos of the Nanny

Copy of Passport ( From the Nanny)

Cost

The total cost to get your foreign nanny legal and able to live here, is quite low. The first year, it is only 3,283 Baht per month. This cost includes the plane, hotel, visa bus, government fees and Sunbelt professional fees.

The second year, the cost is only 2,175 per month.

The Breakdown is this

1st year

Professional Fees

WP3 submission 3,900 Baht

Work permit 6,500 Baht

Work permit revalidation (every 90 days @ 1,600 Baht) 4,800 Baht

15,200 Baht

Work permit Government paid at the Labor Dept. 3,400 Baht

First 90 day visa ( paid at the Embassy) 1, 800 Baht

One year Multi entry ( paid at the Embassy) 5,000 Baht

2 trips to Penang or KL ( Flight, Hotel, taxi) 12,000 Baht

2 Visa Bus trips to the border 2,000 Baht

39,400 Baht or 3,283 Baht per month

Second year

Work permit renewal 3,900 Baht

Work permit revalidation 4,800 Baht

Total Professional Fees 8,700 Baht

Government fees for WP 3,400 Baht

One Year Multi Entry Visa 5,000 Baht

One Trip to Penang or KL 6,000 Baht

Visa Bus (three trips) 3,000 Baht

26,100 Baht or 2,175 Baht per month

What is the Process?

The first step is to apply for the Wp3. (Takes approximate 12 days)

The second step is to apply for the 90 day visa at KL, Penang or Singapore (Takes two days)

The third step is to apply for the work permit (Takes three business days)

The forth step is for the nanny to go before the 90 day visa period expires to "KL" or Penang, show the work permit and obtain a one year non immigrant visa. ( Two days)

The fifth step is to revalidate the work permit In Thailand and get an additional 90 days to correspond with the visa (One day)

The sixth step is to cross the border before 90 days is up.

The seventh step is to revalidate the work permit for an additional 90 days to correspond to the 90 day visa. (One day)

The eight step is for the nanny to cross the border before 90 days is up.

The ninth step is to revalidate the work permit for an additional 90 days to correspond to the 90 day visa. (One day)

The tenth step is for the nanny to cross the border before 90 days is up.

The eleventh step is to renew the annual work permit for an additional 90 days to correspond to the 90 day visa. (One week)

This is the whole cycle for the first year.

Penalty

Most people were not aware of the danger having a foreign nanny working for them without a work permit.

A person that permits a nanny to work without a required work permit can be punished with imprisonment up to three years and/or a fine up to 60,000 baht.

The penalty for the nanny working without a Thai work permit could also amount to imprisonment not exceeding three months and/or a fine up to 5,000 baht.

Privileges of a Thai Work Permit for the Nanny

• Purchase of vehicle.

• Subscription to Mobile Phone network.

• Opening of Current Bank Account

• Application for Bank Debit Card.

• Application for Visa to travel to another country.(Required by some embassies).

VISA

Some have wondered why the nanny has to leave the country every 90 days by a visa run, even with a work permit. The extension of stay based on business requires a company not a natural person to apply on behalf of the applicant. She is legally able to get a one year multi entry visa with the work permit. ( Outside the country)

Restricted Occupations

A number of foreigners were surprised that we could list “nanny” as the job title.

The Thai Royal Decree in 1973 listed 39 occupations and professions that were then prohibited to aliens. This list has been amended on several occasions by subsequent Royal Decrees, the latest one in 1979.

• Labor

• Work in agriculture, animal breeding, forestry, fishery or general farm supervision

• Masonry, carpentry, or other construction work

• Wood carving

• Driving motor vehicles or non-motorized carriers, except for piloting international aircraft

• Shop attendant

• Auctioning

• Supervising, auditing or giving services in accounting, except occasional international auditing

• Gem cutting and polishing

• Hair cutting, hair dressing and beautician work

• Hand weaving

• Mat weaving or making of wares from reed, rattan, kenaf, straw or bamboo pulp

• Manufacture of manual fibrous paper

• Manufacture of lacquerware

• Thai musical instrument production

• Manufacture of nielloware

• Goldsmith, silversmith and other precious metal work

• Manufacture of bronzeware

• Thai doll making

• Manufacture of mattresses and padded blankets

• Alms bowl making

• Manual silk product making

• Buddha image making

• Manufacture of knives

• Paper and cloth umbrella fabrication

• Shoemaking

• Hat making

• Brokerage or agency work, except in international business

• Dressmaking

• Pottery or ceramics

• Manual cigarette rolling

• Legal or litigation service

• Clerical or secretarial work

• Manual silk reeling and weaving

• Thai character type-setting

• Hawking business

• Tourist guide or tour organization agency

• Architectural work

• Civil engineering work

As you can see “ Nanny” is not a restricted occupation.

Salary

Some employers thought in order to get the nanny a work permit in Thailand they must pay a Filipinos 35,000 Baht. The 35,000 baht monthly salary refers to the amount of money you need in order to get an extension of stay for business. As the employer is a natural person, the nanny cannot even apply for this extension, so it’s not applicable.

By the way even if the employer is a Thai company, the nanny is still able to stay and work in Thailand with an income of even just 10,000 baht a month but without the convenience of extending her permit to stay without having to leave the country every 90 days.

Thai employees

A common misconception by many is in order to apply for a work permit, the employer must employ four Thai employees. This is not true, that it is required. However, if the employer (natural person) does meet this objective. They can employ a foreigner for every four Thai employees, the maximum being three foreigners. If they do meet the criteria, the tax of 50,000 Baht per year for the employer ( natural person) does not apply.

Migrant Workers Registration

This is a special program that the Thai government lets workers from Burma, Laos or Cambodia to register for. Only workers from these three countries are allowed. However be aware the registration period for migrant work permits in 2006 ended this year on March 30th 2006. If your nanny qualifies they are given a special Thai ID and work permit, with no need to travel.

This year, employers were required to pay a deposit of either 10,000 or 50,000 Baht for each migrant hired depending on their ID status.

We look forward to helping your family. You can reach our office at 02-642-0213 Monday to Friday 9 a.m to 6 p.m.

Copyright, 2006 © Sunbelt Asia Co., Ltd

www.sunbeltasiagroup.com

[samran]

Sunbelt, you haven't touched on the process that is available for those from Burma, Laos or Cambodia? Don't these neighbouring countries have special access to WP's for domestic jobs that don't require the above mentioned processes.

[Sunbelt Asia]

Sunbelt, you haven't touched on the process that is available for those from Burma, Laos or Cambodia? Don't these neighbouring countries have special access to WP's for domestic jobs that don't require the above mentioned processes.

Good point, however none of the nanny’s that we have process would qualify as they were not from Burma, Laos or Cambodia. They must be from these three countries. Also, be aware the registration period for migrant work permits in 2006 ended this year on March 30th 2006.

By the way, this year, employers were required to pay a deposit of either 10,000 or 50,000 Baht for each migrant hired depending on their ID status. The number of registered migrants went even lower than 2005.

In 2004, Thailand opened the Migrant Workers Registration for migrant workers, and 849,552 migrants officially registered with work permits that year. Under the registration of 2005, only those who had registered the previous year were eligible, resulting in the registration of 705,293 migrant workers with work permits. This decrease in migrant workers re-registering for work permits came without any significant changes in the current migrant policy, procedures or related registration fees. The number of migrant workers actually requested by employers in 2005 exceeded 1.8 million.

www.sunbeltasiagroup.com

[cclub75]

Privileges of a Work Permit for the Nanny

• Purchase of vehicle.

• Subscription to Mobile Phone network.

• Opening of Current Bank Account

• Application for Bank Debit Card.

• Application for Visa to travel to another country.(Required by some embassies).

Hum, that's really a "super nanny"...

A Platinum credit card would be nice too. And the ability to buy a condo too.

I mean : what's your point ? You can use a mobile phone, open a bank account and get a debit card, with a tourist visa or a visa exemption. No need a work permit.

[Sunbelt Asia]

Privileges of a Work Permit for the Nanny

• Purchase of vehicle.

• Subscription to Mobile Phone network.

• Opening of Current Bank Account

• Application for Bank Debit Card.

• Application for Visa to travel to another country.(Required by some embassies).

Hum, that's really a "super nanny"...

A Platinum credit card would be nice too. And the ability to buy a condo too.

I mean : what's your point ? You can use a mobile phone, open a bank account and get a debit card, with a tourist visa or a visa exemption. No need a work permit.

If you want a subscription to a mobile phone network (meaning no pre-paid calls) you need a work permit.

Opening a bank acct with checks would require a work permit as well.

Granted most nannies have the prepaid 123 call or some other program and a savings acct( this depends on the bank)

The point is they feel good they have the right, as they are not an illegal outcast. Even if they won't use the benefit.

www.sunbeltasiagroup.com