F-Visa's. Has anyone got one?

[kiwiaussie]

Hello,

 

Long story short, but it looks like I'm in the running for an F-Visa to assist on a multi-year research project. While I'm familiar with the process to get one, I am suspecting that rights granted under an F-Visa differ depending on the organisation requesting it. Unfortunaly my Thai counterpart institution doesn't seem to be able to give me a straight answer on the following questions:

 

- Is a work permit required?

- Are taxes payable in Thailand?

 

Now I understand that diplomats, UN and 'government' level officals tend to get exemptions from taxes and workpermits, but is this across the board?  I'd be grateful of there was anyone out there who could share their experience/knowledge.

[ubonjoe]

A work permit is not required if doing research at an institute.  I think you will need to pay taxes on your income.

This is the clause of the police order for extensions of stay.

Quote

2.10 In the case of conducting training or research in a university or research institute:
Each permission shall be granted for no more than one year.
The alien:
(1) Must have been granted a non-immigrant visa (NON-IM).
(2) Must have been confirmed and requested by university or research institution.
(3) Must have been confirmed and requested by educational institution in the Kingdom of Thailand (in case of conducting training).
(4) In the case of conducting training or research in a private university or research institute, must have been confirmed and requested by the relevant government agency.

 

Required documents.

2.10  In the case of conducting training or research in a university or research institute:

Each permission shall be granted

for no more than one year.

1. Application form

2. Copy of applicant’s passport

3. Letter of confirmation and request for a temporary stay issued by the dean of that university or

by the head of that research institution

4. A letter of confirmation and request for a temporary stay issued by head of that educational institution ( in case of conducting training)

5.   Only in the case of Criterion (4), the applicant must attach a letter of confirmation and request for a temporary stay issued by the relevant government agency.

 

[kiwiaussie]

Many thanks Ubon Joe.

 

Just so I have it clear in my head, the exemption from work permit is inferred from it not being listed in the documents required for an extension of stay?

 

In otherwords, if a WP isn't listed above, then it isn't required for actual work in Thailand?

[ubonjoe]

15 minutes ago, kiwiaussie said:

Just so I have it clear in my head, the exemption from work permit is inferred from it not being listed in the documents required for an extension of stay?

 

Yes and from posts by people that are here doing research.

[arithai12]

Ubonjoe, I don't know if your quotation is specific for F-visa or in general, but

I work in a research institute and I need a work permit, and so do my foreign colleagues.

But we have non-imm B visas.

 

[ubonjoe]

3 minutes ago, arithai12 said:

Ubonjoe, I don't know if your quotation is specific for F-visa or in general, but

I work in a research institute and I need a work permit, and so do my foreign colleagues.

But we have non-imm B visas.

 

If you can qualify under the clause of the police order I quoted a work permit is not a requirement. 

I think this part of the clause is important for not only the extension but as to whether a work permit is required or not.

Quote

(4) In the case of conducting training or research in a private university or research institute, must have been confirmed and requested by the relevant government agency.

 

 

[arithai12]

Ubonjoe, I don't disagree. Your list is indeed what I need for yearly visa extensions (in addition, I need also a document describing what my institute is and does). But the OP was asking whether he is going to need a WP.

In my case I needed it: it was a requirement to start getting paid.

It was requested and is renewed every year by my institute on my behalf.

(the dates of WP and Visa don't have to match).

About taxes, yes they are due in Thailand, although the level is minimal.

 

Now if the OP has a contract with different stipulations, e.g. if his salary comes from overseas or his

organization has special exemptions, then I don't know.

[stevenl]

40 minutes ago, arithai12 said:

Ubonjoe, I don't disagree. Your list is indeed what I need for yearly visa extensions (in addition, I need also a document describing what my institute is and does). But the OP was asking whether he is going to need a WP.

In my case I needed it: it was a requirement to start getting paid.

It was requested and is renewed every year by my institute on my behalf.

(the dates of WP and Visa don't have to match).

About taxes, yes they are due in Thailand, although the level is minimal.

 

Now if the OP has a contract with different stipulations, e.g. if his salary comes from overseas or his

organization has special exemptions, then I don't know.

And to be very clear: you do actual research in the research institute you work for? And the research institute is recognised as such?

Edited November 8, 2016 by stevenl

[irwinfc]

F visas have more to do with the organization "hiring" the individual rather than what he/she does. if the research is being done through a Thai school or university, a non-B is in order. if the research is for a Thai ministry, then that ministry can talk to the Ministry of Foreign Affairs to waive the visa fee (for extensions) through the Bureau of Immigration. F-type visas are also issued according to one's appointment, so one can get an extension valid for more than 1 year. the holder is also not required to do 90-day reports. as for WP or taxes, it might be case to case. i don't need a WP to work and the income i receive are tax-free.

 

one thing i do wonder is how does the TM30 work for F holders.

[elviajero]

14 minutes ago, irwinfc said:

one thing i do wonder is how does the TM30 work for F holders.

The type of visa or permit to stay is irrelevant. All foreigners should be reported by the owner/house-master/possessor or hotel/guesthouse manager of the property they're staying at.

[kiwiaussie]

6 hours ago, arithai12 said:

Ubonjoe, I don't disagree. Your list is indeed what I need for yearly visa extensions (in addition, I need also a document describing what my institute is and does). But the OP was asking whether he is going to need a WP.

In my case I needed it: it was a requirement to start getting paid.

It was requested and is renewed every year by my institute on my behalf.

(the dates of WP and Visa don't have to match).

About taxes, yes they are due in Thailand, although the level is minimal.

 

Now if the OP has a contract with different stipulations, e.g. if his salary comes from overseas or his

organization has special exemptions, then I don't know.

The F visa is by virtue of my soon to be employer being a nominated research institution by virtue of a multilateral agreement between the Thai government and a number of other countries. 

 

The issue becomes after granting the F-Visa, 'what next'?

 

As Ubon Joe shows, there appears to be an exemption for WP's and that is a welcome development. The taxation issue is the final unanswered question. It appears some F-Visa holders get it, and others may not. The key question is why this discrepancy.

[irwinfc]

1 hour ago, elviajero said:

The type of visa or permit to stay is irrelevant. All foreigners should be reported by the owner/house-master/possessor or hotel/guesthouse manager of the property they're staying at.

 

what is your source for this information?

[Mattd]

http://www.immigration.go.th/nov2004/en/base.php?page=alienstay

 

Basically all foreigners apart from those with permanent residence.

[elviajero]

4 minutes ago, irwinfc said:

what is your source for this information?

Section 38 of the Immigration Act. http://www.immigration.go.th/nov2004/en/doc/Immigration_Act.pdf

[arithai12]

10 hours ago, stevenl said:

And to be very clear: you do actual research in the research institute you work for? And the research institute is recognised as such?

yes and yes. what has this got to do with WP or visa?

[arithai12]

4 hours ago, kiwiaussie said:

The F visa is by virtue of my soon to be employer being a nominated research institution by virtue of a multilateral agreement between the Thai government and a number of other countries. 

 

The issue becomes after granting the F-Visa, 'what next'?

 

As Ubon Joe shows, there appears to be an exemption for WP's and that is a welcome development. The taxation issue is the final unanswered question. It appears some F-Visa holders get it, and others may not. The key question is why this discrepancy.

You seem worried about getting a WP. Actually it is a very easy process which will be dealt with by your institute, and it's a good document to have in your pocket for many reasons.

 

[stevenl]

yes and yes. what has this got to do with WP or visa?

Because according to the quoted law WP is not required for researchers, not for people working at a research institute.

Sent from my ROBBY using Thaivisa Connect mobile app

[arithai12]

11 hours ago, stevenl said:

Because according to the quoted law WP is not required for researchers, not for people working at a research institute.

Sent from my ROBBY using Thaivisa Connect mobile app
 

That was already discussed above. The quoted law is only about requirements for visa (or extension). The WP comes after that - but the OP has grounds to think it might be different for him.

[Mattd]

Some useful info here http://foreignresearcher.nrct.go.th/index.php?lang=en&mod=forms&op=regulations_en

[stevenl]

3 hours ago, arithai12 said:

That was already discussed above. The quoted law is only about requirements for visa (or extension). The WP comes after that - but the OP has grounds to think it might be different for him.

So? Does not make the question not valid, plus my question was posed before the discussion. So thanks for your answer.

[kiwiaussie]

Just as an update to this, my visa was finally granted. It was slightly confusing but just for the public record:

 

- in my case the university was able to have this visa organized, but if your organization or employer aren't affiliated with a university, then a government agency called TICA handles the visas for you. 

 

- tax free salaries are available, but they involve one paying tax anyway and having TICA reimbursing the tax paid. Essentially the government takes with one hand and gives back with another.

 

- no work permit needed. 

 

The important caveat to all of this is that your organization has to be registered with TICA and there needs to be an underlying agreement with the thai government, so not all NGOs etc are necessarily eligible. 

 

all in all an interesting and complex system. Moreover, will be good to settle back into Thailand in a research capacity. 

Edited May 8, 2017 by kiwiaussie