WP options for married foreigner (just to clarify)

[MeowBundit]

Hello, everyone

I'm in process of changing jobs now, and hope someone who have experience will share it, for which I will be very appreciated

1. Foreigner on NON-O THAI WIFE visa + extensions of stay (more than 3 years), have yellow Thabien Baan / Taxpayer ID / Social Security / Fluent in Thai

2. Wife is shareholder in her own company, 3 people in company (Thais) - this is wife company.

3. Type of business is 99% relevant to my education / job.

4. Location Bangkok and Pathumthani

Is it possible to obain WP via Labor Department? As I understand, there is 2 thais per married with Thai national farang, and 1 mil. THB registered capital. All of these wife company have already.

and, is this possible if wife company sign a contracts with clients to send me work at client's places? Or any other possibility to foreigner from one company do job for another company legally?

Thank you for answers.

[Bredbury Blue]

If it is your wife's company, maybe the company could employ you as MD (and apply for work permit that way). As MD you could then work for any of your company's clients.

[digitalchromakey]

What type of work do you want to undertake?

Is your wife's business a Limited Company or Partnership?

Edited May 10, 2016 by digitalchromakey

[hugocnx]

My wife has a 1 mill company with me and a Thai person as shareholders. I obtained a WP on behalf of special skills.

So it should be possible and no personel needed. Some may say this isn't possible, but I just told it.

Edit for typo

Edited May 10, 2016 by hugocnx

[MeowBundit]

Thanky you for advice. The company is Co Ltd type. As I understand, as MD I can work for any clients? That's great news, really.

[MeowBundit]

My wife has a 1 mill company with me and a Thai person as shareholders. I obtained a WP on behalf of special skills.

So it should be possible and no personel needed. Some may say this isn't possible, but I just told it.

Edit for typo

Thank you, the same situation and I sure this possible. Especially in my case, where is my profession and skills are no question for company business ( IT / engineering ).

[MeowBundit]

What type of work do you want to undertake?

Is your wife's business a Limited Company or Partnership?

Co . Ltd

Can be Project Manager in IT, working with international clients / suppliers

[johnatong]

What type of work do you want to undertake?

Is your wife's business a Limited Company or Partnership?

Co . Ltd

Can be Project Manager in IT, working with international clients / suppliers

Are we to understand your wife runs a Ltd. Company providing IT services ?

[digitalchromakey]

What type of work do you want to undertake?

Is your wife's business a Limited Company or Partnership?

Co . Ltd

Can be Project Manager in IT, working with international clients / suppliers

Thanks for the feedback.

Yes you should get a WP on this basis.

However interpretations vary around the country, so your local Labour Dept. may not accept 2 employees for married and/or may require you to first obtain a non immigrant 'B' visa at a Thai Consular Facility.

Issues may arise requiring specific named work places and again if Labour will accept working at 'Contracted Client Premises throughout Thailand' then that would be perfect.

You may have to fight Labour to get a meaningful job description, some labour departments will push you to accept a bland job description that could legally limit what you can actually do (better you don't mention engineering, accounting or point of sale).

Labour, like many government departments, can be overly pedantic, so be patient and I wish you good luck in your endeavours.

[ubonjoe]

Some work permit offices will want 4 Thai employees while others will still do them with 2 employees. The ministerial regulation was changed sometime in late 2010 or early 2011 and now apparently states 4 employees is needed (I have not seen a copy of the regulation).

The most important thing is to include a copy of your marriage certificate with the work permit application to prove what the non-o or extension is based upon. If they try to say a non-b is needed firmly disagree with them since the regulations only state a non immigrant visa is needed.

[hugocnx]

Then please provide us with a copy of that copy. We had this discussion befor.

My wife's company limited was created november 29 2554. 3 shareholders, no further personel required. 1 mill company and officially set up by a lawyer.

What more 'proof' do you want?

[thedemon]

Then please provide us with a copy of that copy. We had this discussion befor.

My wife's company limited was created november 29 2554. 3 shareholders, no further personel required. 1 mill company and officially set up by a lawyer.

What more 'proof' do you want?

Labour Department officers have discretion to issue Work Permits in some circumstances when the minimum criteria is not met.

So because your WP was issued on that basis is not proof that another officer or an office in another location will do the same.

[MeowBundit]

Some work permit offices will want 4 Thai employees while others will still do them with 2 employees. The ministerial regulation was changed sometime in late 2010 or early 2011 and now apparently states 4 employees is needed (I have not seen a copy of the regulation).

The most important thing is to include a copy of your marriage certificate with the work permit application to prove what the non-o or extension is based upon. If they try to say a non-b is needed firmly disagree with them since the regulations only state a non immigrant visa is needed.

Yes, Just had such experience when BOI tried to change my visa to NON-B Which of course I dont need at all, we are married for years and I prefer to stay on NON-O married, most flexible and independent from jobs type of visa

[thedemon]

Some work permit offices will want 4 Thai employees while others will still do them with 2 employees. The ministerial regulation was changed sometime in late 2010 or early 2011 and now apparently states 4 employees is needed (I have not seen a copy of the regulation).

The most important thing is to include a copy of your marriage certificate with the work permit application to prove what the non-o or extension is based upon. If they try to say a non-b is needed firmly disagree with them since the regulations only state a non immigrant visa is needed.

Yes, Just had such experience when BOI tried to change my visa to NON-B Which of course I dont need at all, we are married for years and I prefer to stay on NON-O married, most flexible and independent from jobs type of visa

Generally foreign employees of BOI companies in Bangkok (and surrounds) have both extensions and WP's issued together at the One Stop Service Centre in Chamchuri Square. I'm pretty sure that if you are on a Marriage extension, you can't use that service. So perhaps that is why BOI would encourage you to go the Non-B route.

Not that I think you're wrong continuing with a marriage extension.. It is perhaps a little less convenient dealing with Immigration and a local Labour office separately but the less you have to deal with Immigration, the better.

My experience is that Labour Department offices are more reasonable and able to see the bigger picture to some degree. While Immigration is inflexible and blinkered towards written (and sometimes unwritten) regulations.

[hugocnx]

Then please provide us with a copy of that copy. We had this discussion befor.

My wife's company limited was created november 29 2554. 3 shareholders, no further personel required. 1 mill company and officially set up by a lawyer.

What more 'proof' do you want?

Labour Department officers have discretion to issue Work Permits in some circumstances when the minimum criteria is not met.

So because your WP was issued on that basis is not proof that another officer or an office in another location will do the same.

Sorry, you don't know about my WP and how it was submitted.

[hugocnx]

Some work permit offices will want 4 Thai employees while others will still do them with 2 employees. The ministerial regulation was changed sometime in late 2010 or early 2011 and now apparently states 4 employees is needed (I have not seen a copy of the regulation).

The most important thing is to include a copy of your marriage certificate with the work permit application to prove what the non-o or extension is based upon. If they try to say a non-b is needed firmly disagree with them since the regulations only state a non immigrant visa is needed.

Yes, Just had such experience when BOI tried to change my visa to NON-B Which of course I dont need at all, we are married for years and I prefer to stay on NON-O married, most flexible and independent from jobs type of visa

Generally foreign employees of BOI companies in Bangkok (and surrounds) have both extensions and WP's issued together at the One Stop Service Centre in Chamchuri Square. I'm pretty sure that if you are on a Marriage extension, you can't use that service. So perhaps that is why BOI would encourage you to go the Non-B route.

Not that I think you're wrong continuing with a marriage extension.. It is perhaps a little less convenient dealing with Immigration and a local Labour office separately but the less you have to deal with Immigration, the better.

My experience is that Labour Department offices are more reasonable and able to see the bigger picture to some degree. While Immigration is inflexible and blinkered towards written (and sometimes unwritten) regulations.

OP is married and even if not he has to deal with IM for extensions. And IM is not issuing WP's so I do not understand your last sentence.

[thedemon]

Some work permit offices will want 4 Thai employees while others will still do them with 2 employees. The ministerial regulation was changed sometime in late 2010 or early 2011 and now apparently states 4 employees is needed (I have not seen a copy of the regulation).

The most important thing is to include a copy of your marriage certificate with the work permit application to prove what the non-o or extension is based upon. If they try to say a non-b is needed firmly disagree with them since the regulations only state a non immigrant visa is needed.

Yes, Just had such experience when BOI tried to change my visa to NON-B Which of course I dont need at all, we are married for years and I prefer to stay on NON-O married, most flexible and independent from jobs type of visa

Generally foreign employees of BOI companies in Bangkok (and surrounds) have both extensions and WP's issued together at the One Stop Service Centre in Chamchuri Square. I'm pretty sure that if you are on a Marriage extension, you can't use that service. So perhaps that is why BOI would encourage you to go the Non-B route.

Not that I think you're wrong continuing with a marriage extension.. It is perhaps a little less convenient dealing with Immigration and a local Labour office separately but the less you have to deal with Immigration, the better.

My experience is that Labour Department offices are more reasonable and able to see the bigger picture to some degree. While Immigration is inflexible and blinkered towards written (and sometimes unwritten) regulations.

OP is married and even if not he has to deal with IM for extensions. And IM is not issuing WP's so I do not understand your last sentence.

Immigration do not issue Work Permits but they do issue extensions and in the case of extension based on employment they will usually insist on the 4/1 Thai/Foreigner ratio even when the Labour Department is prepared to be flexible.

So in effect Immigration is able to veto the Labour Department's decision.

Obviously, if the extension is based on marriage, Immigration's requirements regarding the ratio won't apply.

[singa-traz]

Some work permit offices will want 4 Thai employees while others will still do them with 2 employees. The ministerial regulation was changed sometime in late 2010 or early 2011 and now apparently states 4 employees is needed (I have not seen a copy of the regulation).

The most important thing is to include a copy of your marriage certificate with the work permit application to prove what the non-o or extension is based upon. If they try to say a non-b is needed firmly disagree with them since the regulations only state a non immigrant visa is needed.

Yes, Just had such experience when BOI tried to change my visa to NON-B Which of course I dont need at all, we are married for years and I prefer to stay on NON-O married, most flexible and independent from jobs type of visa

Generally foreign employees of BOI companies in Bangkok (and surrounds) have both extensions and WP's issued together at the One Stop Service Centre in Chamchuri Square. I'm pretty sure that if you are on a Marriage extension, you can't use that service. So perhaps that is why BOI would encourage you to go the Non-B route.

Not that I think you're wrong continuing with a marriage extension.. It is perhaps a little less convenient dealing with Immigration and a local Labour office separately but the less you have to deal with Immigration, the better.

My experience is that Labour Department offices are more reasonable and able to see the bigger picture to some degree. While Immigration is inflexible and blinkered towards written (and sometimes unwritten) regulations.

BOI can issue you a WP, when you are on a Non-O (extension based on marriage).

I had to tell the company agent who was handling my paperwork, as they initially wanted me to fly out of the country ...

[thedemon]

BOI can issue you a WP, when you are on a Non-O (extension based on marriage).

I had to tell the company agent who was handling my paperwork, as they initially wanted me to fly out of the country ...

I see. Thanks for the correction. I was also told that by our lawyer.

Can they do the extension as well? Or you need do that separately?

[MeowBundit]

Generally foreign employees of BOI companies in Bangkok (and surrounds) have both extensions and WP's issued together at the One Stop Service Centre in Chamchuri Square. I'm pretty sure that if you are on a Marriage extension, you can't use that service. So perhaps that is why BOI would encourage you to go the Non-B route.

NON-O visa and extension is much more valuable. Yes, that's easier to process for BOI NON-B + extension, but there is not wise to close long-term NON-O in exchange for much weaker NON-B, which is connected to WP. WP expired / job changed - your visa / extension is invalid. I worked on NON-O married with BOI WP and just confirmed by BOI the expiration or cancellation of BOI WP is not affect extension of stay, because this extension issued based on marriage.

But, my mail question is about possibility to work under Co Ltd owned by my wife. We really don't want anymore headache with WP change, why not if we have own company @ family? Also, we have WP under our control, be sure all taxes paid on time, etc.

As I see, MD position is suitable for working with any client, i.e. foreigner can work for any client. Thats important. Also, Ubonjoe (thainks again) advice some Labor offices want 4, while others follow rules and want only 2 local employees per married foreigner. Also, this is important cos registered capital can be kept at 1 mil and not increased to 2 mil.

[MeowBundit]

BOI can issue you a WP, when you are on a Non-O (extension based on marriage).

I had to tell the company agent who was handling my paperwork, as they initially wanted me to fly out of the country ...

Nothing amazing - even BOI officer needed to check this, and our friend lawyer too. Strange, this is very very basic thing - foreigner can work on marriage extension at any time and job not connected with granted type of stay, so if want to change - no problem. Perhaps because some stereotype, "farang = NON-B + WP". A lot of people dont know even on Multiple-Entry NON-O married is possible to work (but you still need to leave every 90 days).

[singa-traz]

BOI can issue you a WP, when you are on a Non-O (extension based on marriage).

I had to tell the company agent who was handling my paperwork, as they initially wanted me to fly out of the country ...

I see. Thanks for the correction. I was also told that by our lawyer.

Can they do the extension as well? Or you need do that separately?

For the extension of Stay (based on Visa), I don't think you can do this at BOI, but have to go to your normal immigration office.

The lawyers ... they are worthless ... in my previous company they insisted "to help me" with my Extension of stay (just to get their commission), but managed to screw it up ... I basically had to train them.