Work Permit, Visa, Thai Co, Urgent Problem..help Needed?

[Gerry290]

Hi

I am in the process of setting up a Thai Company to do business in Thailand with another foreign partner, and to get work permits.

We started the process of setting the company up in late September with a small local lawyer in Pattaya that was recommended by a contact.

We set up the companyin late September , I have the legal company papers and company stamp, and then went to Singapore and got a 3 month non immigrant B visa valid 6th Oct to 6th January 2007.

We returned to Thailand, and waited for our lawyer to get the work permit for us. So far as of today the 5th December, no work permit has arrived, and our lawyer keeps saying it is with Governor of Chonburi needing one signature.

We also just signed documents to transfer the shares of the company from the lawyer to ourselves.

Now our lawyer says it will be January before we can get the work permit.

Now here is my problem...

I have to go to the USA on 18 December - 6 January 2007, I have no choice as it is a family matter I have to attend there. (I am Irish but not an american citizen).

My lawyer says she will give me a letter to say I am waiting on a Work Permit regarding the Thai company I have set up, and that the Royal Thai Consulate in Boston, will issue we with a 1 years Non Immigrant B Visa no problem at all. and this will allow me to come back to Thailand in January, where can follow up on the application of my work permit, which she claims is almost ready.

I am very worried about leaving Thailand to go to USA, without the work permit, and i am not sure I trust my lawyer in saying, the Thai consulate in Boston will give me a 1 year Non Immigrant B, no problem, if I produce documents/letter from her saying I have set up a Thai company and that I am waiting for my work permit to be processed.?

I am not sure why this is taking so long (loads of excuses from lawyer as to why there is a delay), and I have only about 12 days left before I leave thailand on 18 December.

We also paid the lawyer alot of money in advance in late september to get all this set up. so I am not very happy with the service at all. and she is very bad at coming back to us, and leaves everything to the last minute.

Here is my questions.

1. Can I leave Thailand on my 3 Month Non Immigrant B (exps 6th Jan 07) without my work permit, and go to a Thai Consulate in Boston USA, present documents/letters from my lawyer saying I have set up a thai company, and work permit is in process, and get a Non Imm B 1 year Visa issued, which will allow me to return to Thailand, and finish up my work permant application when I return in Jan 2007?

Or is it he case if I leve thailand without the work permit, and go to Thai consulate in USA with my letters from lawyer, that they will refuse me a visa to come back to thailand? (I stayed here as a tourist from dec 05 - Sept 06 on the 30 day tourist visa, so I would have no 30 day trips left re the change in visa laws)

2. Can I disengage my current lawyer, and give my case over to a company like Sunbelt, who can sort this out, quickly and professionally for me , or at least give me my options so I can get the work permit for the thai company I set up?

Thanks for your help.

Gman

[Digger]

Not that it will help you much but by way of info I had huge problems with the governor of Chonburi signing off on a work permit. There was no reason for this delay and in the end I got so hacked off, I just relocated the entire company to Bangkok and it was issued in a week. For some reason, those guys in the provinces are hopeless. Now I have no issues - still own assets in Chonburi but they are all held by our company in Bangkok where I work from. Crazy as due to their inaction, they have lost all the tax revenues, but I guess they dont think about that.

So, basically I dont think its your lawyer being slow and doubt anything much will speed it up.

[Gerry290]

yes, its quite strange too, how your work permit is tied to working to a certain location. this problem has become a right pain for me.

Hopefully someone will be able to give more info on the OP here.

[ovenman]

Not that it will help you much but by way of info I had huge problems with the governor of Chonburi signing off on a work permit.

That a provincial governor should need to sign off on a work permit application for a foreigner speaks volumes about the system.

[Cyberstar]

I can "feel" with your situation, but can't help much. However, since the company is established with seal and all that, you should create some paper - with proper company head - stating that the company wil employ you - meaning you actually do have a job at hand. Can't imagine the letters from your lawyer will do it alone, but can't imagine they'll do any harm neither. A job at hand is a pretty good card to play at the consulate. Remember to stamp the job-letter with the company seal - very important!

[Cyberstar]

By the way. My first though was that the lawyer was a bit dodgy - based on my own experience in Chiang Mai were it took 6 days to get the workpermit and 10 minutes to get it extended for the second year ... But diggers reply tells that things are quite different in Chonbury - so maybe not.

However, among the company papers you should have got, there should be some minutes from an establishing shareholder meeting, installing you as managing director. If not - your lawyer should be able to produce such one in a day or two. Preference shares are still legal so there also ought to be some paper desribing the accurate sharing of shares with yours as preference shares giving you control over company affairs.

None of these things have to await your workpermit to get done.

[KronbergTH]

yes, its quite strange too, how your work permit is tied to working to a certain location. this problem has become a right pain for me.

Hopefully someone will be able to give more info on the OP here.

You can move your co. to BKK and make a 150 baht add-on in your W/P that you have to work in Pattaya or what ever place in TH.

[Gerry290]

I can "feel" with your situation, but can't help much. However, since the company is established with seal and all that, you should create some paper - with proper company head - stating that the company wil employ you - meaning you actually do have a job at hand. Can't imagine the letters from your lawyer will do it alone, but can't imagine they'll do any harm neither. A job at hand is a pretty good card to play at the consulate. Remember to stamp the job-letter with the company seal - very important!

So I should make a letter then, saying that my own company is going to employ me?

yes I got the stamp and all the company papers . and the lawyer this week is supposed to do the share transfer, we signed papers last week for that.

[Cyberstar]

Well, sounds okay, sofar. How about the money? If you have paid more than those 35 baht needed to form a company - does it sit on the company account or does it sit on the lawyer's account. (Merely acting as a devils advocate to help you determine the trustworthiness of your lawyer).

[Gerry290]

Well, sounds okay, sofar. How about the money? If you have paid more than those 35 baht needed to form a company - does it sit on the company account or does it sit on the lawyer's account. (Merely acting as a devils advocate to help you determine the trustworthiness of your lawyer).

This is news to me. we have no company account yet, (bank account) as we were waiting for all the documents and work permit to be processed etc...

[Sunbelt Asia]

1. Can I leave Thailand on my 3 Month Non Immigrant B (exps 6th Jan 07) without my work permit, and go to a Thai Consulate in Boston USA, present documents/letters from my lawyer saying I have set up a thai company, and work permit is in process, and get a Non Imm B 1 year Visa issued, which will allow me to return to Thailand, and finish up my work permant application when I return in Jan 2007?

They should give you a one year multi entry. I would ring them first and ask if they will. If Boston won't, then send the passport with the invite letter and company registration paperwork to the consulate in Houston. They will send it back within 48 hours. Download the application from the Washington DC. Thai Embassy site and follow the instructions with the return envelope.Embassy

2. Can I disengage my current lawyer, and give my case over to a company like Sunbelt, who can sort this out, quickly and professionally for me , or at least give me my options so I can get the work permit for the thai company I set up?

We do have a office in Pattaya as well. As for the time involved, it sounds like way too long to get a work permit. The norm with our clients to obtain a work permit is 20 days in Chonburi while in BKk it is 10 days ( only one day if the company qualifies for the one stop center).

www.sunbeltasiagroup.com

[Digger]

We do have a office in Pattaya as well. As for the time involved, it sounds like way too long to get a work permit. The norm with our clients to obtain a work permit is 20 days in Chonburi while in BKk it is 10 days ( only one day if the company qualifies for the one stop center).

www.sunbeltasiagroup.com

Sunbelt - what is happening with the one stop centre - I understood its likely to close soon, or will it just be used for BOI companies ? i.e any other company with asset/capital over 30,000,000 cannot use it anymore (I believe those figures are correct, but would stand corrected if they are wrong.

Many thanks