Renewing work permit if you have PR

[stbkk]

Dear all,

This is a real new one on me, and goes against pretty much everything I have read here over the years.

My company accountant renewed my work permit at the beginning of the year as usual, and later when we were discussing the documents they had needed to provide they told me the following.

Apparently when you apply for a NEW work permit you have to provide evidence of 4 Thai employees for each new work permit. However when renewing a work permit for somebody who already has a residence permit (I.E. Permanent residence) 'only the applicants tax record and company VAT is needed'!

Can anybody confirm this? It doesn't really affect me at all as my company needs the employees anyway, but I am really interested if anybody else can confirm this! The accounting company has always been fine in the past (4 years experience with them), and I have no reason to doubt them other than what I have always 'understood' from reading TV.

Edited March 2, 2016 by stbkk

[Sydebolle]

Recheck that yourself with the Department of Labour. Holding a permanent residency in a country - as per WTO agreement which has been signed by Thailand (and even co-headed 10+ years ago by Dr. Supachai) - you have a legal right to obtain automatically a work permit.
Granting a permanent residency automatically implies that the country has to ensure that you can make a living; i.e. by working.

So forget all that rubbish written all over the internet, get it from the horse's mouth and I suggest you get it from Bangkok as they make the rules and regulations.

[Maeklong]

This is an interesting topic for me. I retired at the end of 2014, have had permanent residence since 2004, but am working as a consultant outside the country because I don't have a work permit to work here. I thought the only option to get a work permit was to set up a company as discussed by the OP. However, as a freelance consultant, I really don't want or need to have a company with 4 employees. I do know that it is hard to find out reliable information when visiting most government offices, and permanent residence holders have a somewhat unique status. My experience in the past is that most regular staff in offices haven't got a clue what to do with permanent residents, but I suppose I should give it a try.

[THAIJAMES]

Permanent Resident or Not, I don't think they check to see if you have 4 employees. This is because Immigration will not renew your visa if your company does not have 4 Thai Employees. So basically its impossible if your are not a PR to apply without those 4 employees (2 if you are married)

I am a PR and have never been asked before or after becoming a PR to show 4 Employees. What is required is your employment contract or Business Registration if you are the owner and relevant permission to stay in the kingdom.

[Michael Hare]

This is an interesting topic for me. I retired at the end of 2014, have had permanent residence since 2004, but am working as a consultant outside the country because I don't have a work permit to work here. I thought the only option to get a work permit was to set up a company as discussed by the OP. However, as a freelance consultant, I really don't want or need to have a company with 4 employees. I do know that it is hard to find out reliable information when visiting most government offices, and permanent residence holders have a somewhat unique status. My experience in the past is that most regular staff in offices haven't got a clue what to do with permanent residents, but I suppose I should give it a try.

I got my PR in 2004 and continued working at the university where I was lecturing. I resigned from the university in 2008 and worked until this year as a consultant. As soon I as resigned back in 2008 I went to the Labour Dept about getting a work permit. I said that I would be doing consultancy. They informed my lawyer and I that I did not need a work permit as a consultant working for myself and not employing anyone and all my payments were outside the country.

Last month I set up a company here in Ubon Ratchathani and through our accountancy company I got my work permit. A lot of paper work. Had to get university transcripts to show my education background and write up my CV in Thai. The Labour Dept then paid a surprise visit to my company office to check that I was indeed there and were employing my nine staff. All went smoothly. The big shot knew me from way back in 1994 when I applied for my first work permit.

Next year I read on the forms that I received there is less paperwork but records of the company business must be shown. I will get the accountant to do this.

Actually i find all of this a little annoying as being a PR why should we have to get a work permit? When my wife and I lived in New Zealand she had PR and could work and even vote!

[stbkk]

Permanent Resident or Not, I don't think they check to see if you have 4 employees. This is because Immigration will not renew your visa if your company does not have 4 Thai Employees. So basically its impossible if your are not a PR to apply without those 4 employees (2 if you are married)

I am a PR and have never been asked before or after becoming a PR to show 4 Employees. What is required is your employment contract or Business Registration if you are the owner and relevant permission to stay in the kingdom.

According to my accountants they check for the 4 employees when applying for a NEW work perment, but not when renewing. Of course this being Thailand it may be different next time!

Edited March 7, 2016 by stbkk

[THAIJAMES]

Permanent Resident or Not, I don't think they check to see if you have 4 employees. This is because Immigration will not renew your visa if your company does not have 4 Thai Employees. So basically its impossible if your are not a PR to apply without those 4 employees (2 if you are married)

I am a PR and have never been asked before or after becoming a PR to show 4 Employees. What is required is your employment contract or Business Registration if you are the owner and relevant permission to stay in the kingdom.

According to my accountants they check for the 4 employees when applying for a NEW work perment, but not when renewing. Of course this being Thailand it may be different next time!

Thank you for the correction.

[brianinbangkok]

Recheck that yourself with the Department of Labour. Holding a permanent residency in a country - as per WTO agreement which has been signed by Thailand (and even co-headed 10+ years ago by Dr. Supachai) - you have a legal right to obtain automatically a work permit.

Granting a permanent residency automatically implies that the country has to ensure that you can make a living; i.e. by working.

So forget all that rubbish written all over the internet, get it from the horse's mouth and I suggest you get it from Bangkok as they make the rules and regulations.

Well I have had a PR for about 10 years now and I did need to get a Thai WP every year for any job I did in Thailand.

International agreements signed or not. They make up their own rules in Thailand and do whatever they want.

And as far as I know even with a PR, I have to get a WP.

I agree with you however that its not the way it should be.

Any links or proof that its not needed from a government Thai website ?

I have never seen anybody with a Thai PR saying on Thaivisa he did not need a WP to work in Thailand.

Edited March 7, 2016 by brianinbangkok