Sponsoring Burmeses As A Nanny/maid

[phormio]

My Thai nanny quit - just walked out. We found a new women - Burmese who is in Thailand on a tourist visa and is legal for another 3 or 4 weeks. I'm from the US and my wife is Thai. The new nanny speaks English, Chinese, and Burmese and is a high school graduate. She wants to stay here on a legal basis - which means we will need to get her a work permit or find another way for her to get permission to stay legally. My wife talked to immigration about this. They gae us a form which said that there are three options:

1. Stay as a teacher - (but she doesn't have a degree or teaching experience, though she's fluent

in chinese and english)

2. Get a puyai/bigshot to write a letterto immigration saying she is a good person, etc.

3. She could marry a Thai.

None of these things look like they will work in our case.

Has anybody tried this before and/or does have any suggestions on how our Burmese nanny can stay here in Thailand legally - change her status from tourist to (?...anything else that gives her legal permission to stay) ?

Thanks.

[Sunbelt Asia]

We have helped well over 100 foreign maids/ nannies get a work permit in the past 60 days. It was because of this report which has been forwarded from one family to another family. They then call us and another family has been helped.

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, one person can be employed with a maximum of three foreigners. Example: you paid 150,000 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. Please provide a copy of the company affidavit. (signed by the director and stamped), shareholder list, company objectives.

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)

Medical certificate ( From the Nanny given at a Clinic or Hospital. Just tell the Hospital or Clinic it is for the work permit)

Cost

The total cost to get your foreign nanny legal and able to live here, is quite low. The first year, it is only 3,425 Baht per month. This cost includes the plane, hotel, visa bus, government fees and Sunbelt professional fees.

The second year, the cost is only 2,317 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

Accounting Fees

12 months filing of the monthly filing of Phor Ngor Dor.1 (Personal Income tax form filed on a monthly basis at 100 Baht per month) 1,200 Baht

Phor Ngor Dor.91 ( Filed on a yearly basis in March) 500 Baht

1,700 Baht

Government/ Visa / Trips

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

TOTAL 41,100 Baht or 3,425 Baht per month

Second year

Work permit renewal 3,900 Baht

Work permit revalidation 4,800 Baht

Total Professional Legal Fees 8,700 Baht

Accounting Fees

12 months filing of the monthly filing of Phor Ngor Dor.1 (Personal Income tax form filed on a monthly basis at 100 Baht per month) 1,200 Baht

Phor Ngor Dor.91 ( Filed on a yearly basis in March) 500 Baht

1,700 Baht

Government/ Visa / Trips

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

27,800 Baht or 2,317 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.

1. Manual work

2. Work in agriculture, animal husbandry, forestry or fishery excluding specialized work in each particular branch or farm supervision

3. Bricklaying, carpentry or other construction works

4. Wood carving

5. Driving mechanically propelled carried or driving non-mechanically-propelled vehicle, excluding international aircraft piloting

6. Shop attendance

7. Auction

8. Supervising, auditing or giving service in accountancy excluding internal auditing on occasions

9. Cutting or polishing jewelry

10. Haircutting, hairdressing or beauty treatment

11. Cloth weaving by hand

12. Weaving of mate or making products from reeds, rattan, hemp, straw or bamboo pellicle

13. Making of Sa paper by hand

14. Lacquer ware making

15. Making of Thai musical instrument

16. Niello ware making

17. Making of products from gold, silver or gold-copper alloy

18. Bronze ware making

19. Making of Thai dolls

20. Making of mattress or quilt blanket

21. Alms bowls casting

22. Making of silk products by hand

23. Casting of Buddha images

24. Knife making

25. Making of paper of cloth umbrella

26. Shoemaking

27. Hat Making

28. Brokerage or agency excluding brokerage or agency in international trade business

29. Engineering work in civil engineering branch concerning designing and calculation, organization, research, planning, testing, construction supervision or advising excluding specialized work

30. Architectural work concerning designing, drawing of plan, estimating, construction directing or advising

31. Garments making

32. Pottery or ceramic ware making

33. Cigarette making by hand

34. Guide or conducting sightseeing tours

35. Street Vending

36. Type setting of Thai characters by hand

37. Drawing and twisting silk-thread by hand

38. Office or secretarial work

39. Legal or lawsuit services

• 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

[phormio]

thanks for the quick response. I'll need to digest this and make sure i got it right.

[Sunbelt Asia]

thanks for the quick response. I'll need to digest this and make sure i got it right.

You are welcome. If you have any questions or you feel don't meet a certain criteria, just ask as we probably had to solve that problem for someone else already.

www.sunbeltasiagroup.com