Visa Workpermit Extension Options

[gwkenny]

Hello.

I have a workpermit and visa. Unfortunately it has taken me 9-days to get a response from the people who have been doing my paperwork, so now I'm in a jam.

Visa/workpermit expire October 1st.

I have a company and an office, but I don't employ 4 thai workers. Least not on a full time basis.

I need to be in Thailand next week for business.

I understand my options are:

1) Forget my business meetings and fly to a consulate outside the country

2) Go to Suan Phlu and get a 21 day extension and then get my wp extended so I can do my trip early October

3) Let them both expire and do the whole paperwork stuff again in October.

I understand there is no way to do any type of extension while staying within Thailand because I don't have 4 full-time workers. Just want to confirm that these are all my options.

Thanks!

g-

[steveromagnino]

Hello.

I have a workpermit and visa. Unfortunately it has taken me 9-days to get a response from the people who have been doing my paperwork, so now I'm in a jam.

Visa/workpermit expire October 1st.

I have a company and an office, but I don't employ 4 thai workers. Least not on a full time basis.

I need to be in Thailand next week for business.

I understand my options are:

1) Forget my business meetings and fly to a consulate outside the country

2) Go to Suan Phlu and get a 21 day extension and then get my wp extended so I can do my trip early October

3) Let them both expire and do the whole paperwork stuff again in October.

I understand there is no way to do any type of extension while staying within Thailand because I don't have 4 full-time workers. Just want to confirm that these are all my options.

Thanks!

g-

You need 1 employee if you are a consultant. 5500b minimum salary - piece of cake. Sort it.

DO NOT let your paperwork expire, otherwise you have to start the entire process from scratch.

[Sunbelt Asia]

Your options are

1. Suspend your work permit on the day it expires. Re- activate it after you arrive back in Thailand. (You have three days to do this once you arrive back)

2. If you have a one year multi entry visa, no need to go to the Consulate/ Embassy. Just cross the border on a weekend and get a fresh 90 days. Revalidate your work permit then.

3. Do an extension of stay based on business if you plan to hire Thai employees soon. Write a letter explaining as such for one Thai employee (if your companies’ objective is consultant or agent) or if you will be hiring 4 Thai employees if it’s another objective. This will work if your company is a set up as they will give you a thirty day “ under consideration “ stamp.

www.sunbeltasiagroup.com

[Maizefarmer]

SUNBELT ASIA - can I bore you to run through the basics of getting a "work permitt as a consultant" i.e. whats required 1 employee min salary, thats understood, but what other requirements does the farang have to satisfy e.g. office, investement ect ect.....or was you reply only applicable aginst the ocntext of the question that was been asked by the forum member.

Cheers

Tim

- I know at least one person who I could send your way for business if I have underrstood that correctly.

..... and do you know what the current status is regards Treaty of Amitese with the USA - I heard that it is likely to be dropped in the near future - if it is, how will it impact on businesses that were setup in the past under the priveldges and terms that it granted USA citizens at the time?

[Sunbelt Asia]

SUNBELT ASIA - can I bore you to run through the basics of getting a "work permitt as a consultant" i.e.

The work permit has no requirement to hire any Thai employees. They only care if you have a 2 million Baht registered paid up capital per work permit and a non immigrant visa. However if you are married to a Thai then it can be one million Baht per work permit( unless its a foreign company( higher than 50% of the shares owned by the foreigner than it must be at least 2 million Baht register capital) and a non immigrant visa.

You do not have any ratio of Thai employees required or a minimum salary for your nationality to obtain a work permit.

Example: You are just hired by a restaurant that will be hiring six foreigners at a salary of 30,000 Baht per month and will have 2 Thai employees getting 6,000 Baht per month. Can they get you a work permit without hiring more Thais, the answer is yes.

However if you are applying for the extension of stay based on business. You will find Immigration has tougher rules than the Labor Dept. Immigration for this extension and only this extension, requires 4 Thai employees per work permit getting a minimum salary of 5,250 Baht per month for each Thai national. The foreigner themselves must be paying tax on a minimum salary for example an American would be 60,000 Baht per month. .

Immigration does understand some business objectives do not need a high ratio of Thai employees to be hired per work permit such as a consultant or agent. Most of this work will be performed by the foreigner so they will allow one Thai employee per work permit.

whats required 1 employee min salary, thats understood, but what other requirements does the farang have to satisfy e.g. office, investement ect ect..

You must have a work space for that employee to work at and the Immigration dept will check. The Thai employee must be getting a salary of at least 5,250 Baht per month.

- I know at least one person who I could send your way for business if I have underrstood that correctly.

Thank you. We look forward to working with him. 02-642-0213 [email protected]

..... and do you know what the current status is regards Treaty of Amitese with the USA - I heard that it is likely to be dropped in the near future - if it is, how will it impact on businesses that were setup in the past under the priveldges and terms that it granted USA citizens at the time?

Over 20 billion US dollars is invested in Thailand under the Amity Treaty. These American companies are engaged in various aspects of economic activities in Thailand -- manufacturing, energy, trading, financial, consultant and many others. This includes American transnational companies such as General Motors, Chrysler Corporation, Ford Motor, IBM, Unocal Corporation, Kellogg's, Citibank, NationsBank, Bank of America, General Electric, Coca Cola, Digital Equipment Group, AT&T, NYNEX, Nike, Goodyear, and Microsoft, to name a few. Can you imagine if they cancel the treaty for existing companies?

With few exceptions, the rights these shareholders of companies enjoy are that they are treated the same as Thai shareholders where they can own a Thai business 100%.

They are now accepting new applications up to December 5th. It may then be extended for an additional 90 days to accept new applications after that date. We strongly advocate if you ever thought of owning a business in Thailand and you are American. Apply for Amity today!!!!

www.sunbeltasiagroup.com

[gwkenny]

1. Suspend your work permit on the day it expires. Re- activate it after you arrive back in Thailand. (You have three days to do this once you arrive back)

Thanks!

That is an interesting option! Wish I could chance it and know I'd get a 1-year visa. Unfortunately time right now is very tight Also running me about 18k baht a trip to KL. Not a lot, but that pays for a night or two out

Wish my phone calls and written letter received such fast responses!

Thanks!

g-

[Sunbelt Asia]

1. Suspend your work permit on the day it expires. Re- activate it after you arrive back in Thailand. (You have three days to do this once you arrive back)

You wrote:

Thanks!

That is an interesting option! Wish I could chance it and know I'd get a 1-year visa.

Not sure what your current visa is. But based on the options you eliminated, I surmise it is a single 90 day visa. In this case, if you're going to KL, the odds are high; you will only get another 90 day visa. The reason why is because even though your work permit is valid for one year, it corresponds to your visa. The visa has expired and your work permit is not active. With a inactive work permit, it’s only a single 90 day visa, the KL Embassy will issue.

If you are undecided about your expansion plans, I would still apply for the one year extension of stay based on business inside Thailand if you are a start up. Even though you will get a 30 day under consideration stamp which you will use to revalidate your work permit. If your plans change that you will no longer employ 4 Thai employees, then its ok to go to KL or Penang. Show your valid work permit in a couple weeks and get the one year multi entry visa. You do not need to go back to Immigration in Thailand as your plans changed. When you leave Thailand to go to the Embassy in KL, the 30 day "under consideration" stamp will cancelled without getting a reentry permit. You come back with a fresh 90 day visa off your one year multi entry visa. Revalidate your work permit when it’s going to expire with that fresh 90 day visa. (At that point, when you reenter Thailand, the work permit is still active based on the 30 day under consideration stamp)

Another option if it’s indeed the case you having a single 90 day visa. Depending on your nationality, you can get a 10 day or 14 day extension of your visa at Immigration. Revalidate the work permit for 10- 14 days as well. Then in the next week fly to Penang or KL with a valid work permit and get the one year multi entry visa.

Both of these last two options will save you an additional flight to a Embassy in 90 days to obtain the one year multi entry visa, if you just have a single 90 day visa now( and you can not meet the criteria required for the extension of stay based on business to apply in Thailand.)

Pm me or call us at 02-642-0213 if you have any problems.

Greg Lange

Managing Director

Sunbelt Asia Co., Ltd

www.sunbeltasiagroup.com

[gwkenny]

Greg:

Thanks for the reply and information!

I did go to KL and I just want to let everyone know that they have been very gracious.

g-