Warning for BOI non-B , work permit catch 22

[eskatonia]

So according to this page linked you must enter the country on a non-B visa to get a work permit, and to get a non-B visa the embassies ask to see a work permit.  Catch 22.  

http://www.boi.go.th/index.php?page=legal_issues_for_investors_02_work_permits

 

The usual way around this for a normal company is to get a letter from the ministry of labour approving your position, problem solved right?  Nope not for BOI companies, because when you apply for a visa through the BOI approved expert program it's not possible to get a letter from the ministry of labour (two different law companies told me this).  Instead you get a letter from the BOI, which embassies are reluctant to accept. They have a strict checklist to issue a non-B and their checklist says "work permit or letter from ministry of labour", it does not list the letter from BOI as acceptable.

 

I've had to go through this several times and in each case the initial person at the desk doesn't want to accept the application and I have to be extremely pushy to get them to ask their boss or speak to a consul officer myself.  Then when they eventually check with their senior it's accepted, but you really have to be pushy and not accept no for an answer to get them to do this.  Otherwise if you listened to them you'd end up trying to get a letter from the ministry of labour which I've been told they will refuse to provide saying go talk to BOI!   Maybe there's a better way that I'm not aware of, but it seems to me that at the moment it's harder for BOI companies to get non-B's than normal companies, which is not what you'd expect.  Oh and I've had to go through the same thing at Yangon, Vientianne and Saigon.  So it's not a case of just one embassy not knowing the rules on BOI.

 

The BOI website above also mentions another option: that you can enter on a visa waiver and then change to a non-B inside Thailand.  Maybe that's possible in theory but I've never heard of anyone successfully doing that and the law companies I've spoken to won't even try going that way.

[ubonjoe]

A work permit can be applied for with any visa or a visa exempt entry but it will not be issued until you have a non immigrant visa. Most embassies and consulates want a work permit application approval letter to issue a non-b visa.

From 2.1 (1) on this page for the MFA website. http://www.mfa.go.th/main/en/services/4908/15388-Non-Immigrant-Visa-"B"-(for-Business-and.html

 

Quote

Letter of approval from the Ministry of Labour.  To obtain this letter, the applicant’s prospective employer in Thailand is required to submit Form WP3 at the Office of Foreign Workers Administration, Department of Employment, Ministry of Labour Tel. 02-2452745, or at the Provincial Employment Office in his or her respective province. 

 

Some embassies and consulates do list a letter from the BOI as being accepted. The only nearby one I know of is Singapore.

It is certainly possible to change a tourist or visa exempt entry to a non immigrant visa ( class b ) but the list of documents required is long compared to an embassy or consulate. See: change visa to non-b docs.pdf

[eskatonia]

8 minutes ago, ubonjoe said:

A work permit can be applied for with any visa or a visa exempt entry but it will not be issued until you have a non immigrant visa. Most embassies and consulates want a work permit application approval letter to issue a non-b visa.

From 2.1 (1) on this page for the MFA website. http://www.mfa.go.th/main/en/services/4908/15388-Non-Immigrant-Visa-"B"-(for-Business-and.html

 

Sure, I suggested to my consultants that we do exactly this and get a letter from the ministry of labour.  They told me they checked both with the ministry of labour and BOI and got told that it's not possible, has to be letter from BOI.  I'd check with the ministry of labour myself but as far as I know, they don't have many english speakers there unlike immigration or BOI.

 

Also, I just checked your list of documents to change to non-B visa inside Thailand.  I already have all of that stuff, it's all needed for VAT registration, BOI application and work permit application.  So I have no idea why they don't suggest changing visa inside Thailand, would be much easier actually,.

[manarak]

My experience with consulates in Switzerland was that they delivered a non-B relatively easily without any official documents from Thailand.

I remember sending them my CV, a letter in which I outlined my project and a business plan. Then I was invited for an interview at the consulate and left 30 mins later with my non-B.

[eskatonia]

Yes home country embassies in US, EU, AU , NZ are much easier.  In my case I was already here setting everything up so I preferred not to fly all the way to the UK to get the non-B.  Sure that would have been easier at the embassy but not really ideal.

 

Anyway, this info might be useful to others setting up BOI companies here.  From my talks with other entrepreneurs in Bangkok I do believe it's quite common to come here first to research everything, start hiring people, then leave to get the non-B and work permit.  And yes the BOI has told us this is legal, researching a business opportunity can be done on a visa-waiver or tourist visa as long as you are funding it yourself and aren't getting paid by anyone.

[FritsSikkink]

"The "BOI website above also mentions another option: that you can enter on a visa waiver and then change to a non-B inside Thailand.  Maybe that's possible in theory but I've never heard of anyone successfully doing that and the law companies I've spoken to won't even try going that way. "

I have done it succesfully

[vaultdweller0013]

10 hours ago, eskatonia said:

Yes home country embassies in US, EU, AU , NZ are much easier.  In my case I was already here setting everything up so I preferred not to fly all the way to the UK to get the non-B.  Sure that would have been easier at the embassy but not really ideal.

 

Anyway, this info might be useful to others setting up BOI companies here.  From my talks with other entrepreneurs in Bangkok I do believe it's quite common to come here first to research everything, start hiring people, then leave to get the non-B and work permit.  And yes the BOI has told us this is legal, researching a business opportunity can be done on a visa-waiver or tourist visa as long as you are funding it yourself and aren't getting paid by anyone.

 

Well, you could fly to KL instead. The KL Thai Embassy lists the BOI letter as acceptable. Plenty of flights and pretty cheap assuming you have a day or two of flexibility to avoid any peak travel days, and if you have your paperwork in order, the embassy is not the nightmare commonly reported.

 

This is, of course, assuming you are really employed by a proper company that can provide all of the supporting documentation requested by the embassy.

 

 

 

 

 

 

 

 

[Autonuaq]

 

Quote

The BOI website above also mentions another option: that you can enter on a visa waiver and then change to a non-B inside Thailand.  Maybe that's possible in theory but I've never heard of anyone successfully doing that and the law companies I've spoken to won't even try going that way.

 

 

this worked for me and others I know too. 

 

Quote

A work permit can be applied for with any visa or a visa exempt entry but it will not be issued until you have a non immigrant visa. Most embassies and consulates want a work permit application approval letter to issue a non-b visa.

From 2.1 (1) on this page for the MFA website. http://www.mfa.go.th/main/en/services/4908/15388-Non-Immigrant-Visa-"B"-(for-Business-and.html

2

as well did get all the thing needed to solve 

first enter with NON-B Visa issued by the embassy then One Stop Shop at the BIO in Bangkok and they help you out the are on the opposite of hte office where you have to apply for Visa and work permits.

 

Probably it works because we never used local service and did do all arrangements by ourselves (in English)

[eskatonia]

8 hours ago, vaultdweller0013 said:

 

Well, you could fly to KL instead. The KL Thai Embassy lists the BOI letter as acceptable.

 

I wold happily have flown to KL or Singapore if I knew that was required.  The BOI explicitly told me that their letter should be accepted at any embassy.   you're right I probably could have done everything myself in english if I did it in the UK or Austalia.  But in my case I started a Thai company first with thai 51 percent shareholder then applied for BOI inside Thailand.  In this case you have to supply many documents in Thai so doing it all yourself is not an option.