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Can an employer hold a passport in Thailand for an expat legally?


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Hi,

 

This is my first time working overseas in Thailand. The Employer wants me to bring my passport on the first day. They are a BOI company and will be applying for the work permit on the first day. I'm a little worried if I will need to surrender my passport to them. Want to know what is the norm there. Do they take your passport or do they take a photocopy of your passport and apply for the work permit?

 

I'm a little afraid to ask them this directly.

 

Are they allowed to hold onto my passport until I resign?

 

Cheers.

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1 minute ago, DjChris28 said:

 But they will give it back after the permit and extension has been applied for?

Yes they should.

 

They have no reason or legal right to hold your passport without your permission.

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2 minutes ago, raro said:

Yes, correct. You usually get it back at the BOI office once all stamps are in. Will be a fun day, bring a good book...

Sent from my ASUS_Z00LD using Thaivisa Connect mobile app
 

Hmm ok, I will be in temporary accommodation for 30 days. But after that, I will be booking a short term hotel on monthly rates for the first few months. Wondering if this is going to be a problem while my passport is being held.

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If you asking can an employee hold your passport other than for use to assist in gaining a employment  extension or work permit - simple answer NO. Thai law requires you to carry your passport 24/7 although most long term expats don't - a scanned copy of relevant pages  in your phone would never go astray. 

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31 minutes ago, raro said:

The process should not take that long. A week maybe

Sent from my ASUS_Z00LD using Thaivisa Connect mobile app
 

Ok, so the work permit maybe takes 2-3 weeks. When they apply for non immigration b visa, how long will this take? Now i'm concerned I won't have my passport back in time to book accommodation after my 30 days.

 

I assume you would have this problem anyway if you were to rent a property since going on a lease, they would need your passport anyway?? 

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At the BOI, visa and work permit are processed simultaneously.

If you need the passport, talk to the HR department, they can arrange that with the lawyer.

Do this only if really necessary, as it is not wise to stir up buerocratic processes in Thailand. Again, if the lawyer is doing his job properly, this should be done in a couple of days.

I arranged for my last work permit by myself, took two days to get all the paperwork from the company and two more days for the labor department to issue it.

Sent from my ASUS_Z00LD using Thaivisa Connect mobile app

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8 minutes ago, raro said:

At the BOI, visa and work permit are processed simultaneously.

If you need the passport, talk to the HR department, they can arrange that with the lawyer.

Do this only if really necessary, as it is not wise to stir up buerocratic processes in Thailand. Again, if the lawyer is doing his job properly, this should be done in a couple of days.

I arranged for my last work permit by myself, took two days to get all the paperwork from the company and two more days for the labor department to issue it.

Sent from my ASUS_Z00LD using Thaivisa Connect mobile app
 

But when you rent out a rental property in thailand, they will need id anyway right? So the rental properties will need my passport anyway. So really if I don'[t have my passport back before 30 days, i'm really sunk anyway. See, I wanted to stay in a monthly serviced apartment for the first few months of the job which are really hotels with monthly rates. But I think rentals are no different in terms of ID required compared to hotels. Is this correct?

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10 hours ago, Artisi said:

If you asking can an employee hold your passport other than for use to assist in gaining a employment  extension or work permit - simple answer NO. Thai law requires you to carry your passport 24/7 although most long term expats don't - a scanned copy of relevant pages  in your phone would never go astray. 

It has been stated on this forum that you are not required to carry your passport 24/7 but you need to be able to produce one probably fairly promptly. Carrying a copy of relevant pages may be handy.

 

Could anyone update on this there seem to be never ending different points of view on this.

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A work permit may take around 3 wks but they do not hold your passport. They only need your passport for the initial paper work. You should by all rights have your passport back the same day or close to. An employer cannot hold your passport for any other reason than official. As for carrying it 24/7 I don't think so. Take a pic of your info page and visa page with your phone. Make sure it's clear.

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You might even need to go with them to do the first work permit. BOI cimpanies can use the one stop service at Camchuri Square.

 

If you don't need to go with them, then you should get your passport back the day after they do the work permit (or same day in the afternoon).

 

My company does not keep my passport, but I routinely give it to them for a few days at a time to do my 90-day reporting (it only takes 1 day, but I give it to them early to do the paperwork. They do employee reporting in batches). My company does, however, keep all work permits in HR to be available for inspection. 

 

We are allowed to request our work permits if we need them (e.g., apply for driver's license, open a bank account, etc.) but are expected to give them back to HR when we are done with them.

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Usually as is with the one-stop service in Chamchuri square in Bkk, they require the applicant to attend when the work permit is applied for as well as the visa extension, which is done at the same time. You should be present when they do the work permit. The whole process takes half a day at Chamchuri square.

Because it is a BOI it takes half a day at Chamchuri Square.....

Edited by AlQaholic
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12 hours ago, Artisi said:

If you asking can an employee hold your passport other than for use to assist in gaining a employment  extension or work permit - simple answer NO. Thai law requires you to carry your passport 24/7 although most long term expats don't - a scanned copy of relevant pages  in your phone would never go astray. 

A passport actually belongs to the country that issued it.. no one has the right to hold it.. 

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The employer will want your original passport to apply for your work permit. That's ok. He must return it when you receive your work permit. No one can legally hold your passport. It is the property of the government of the issuing country.

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I agree with the posts above.  Firstly, I would not panic as getting visas  and work permits means they will need your passport.  But they can not hold your passport beyond this requirement.  The passport is not yours but belongs to the country of issue.  If you have a problem I would let them know you have to have it back.  If they try to keep it you should not be working for them.  Talk to your embassy and if necessary the police but I am sure you won't need to go to that level.  Get two copies of the passport and any stamped pages before you hand it over.  Keep one set on you and the other at your accommodation as a back up.

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They need your passport to process the paperwork for your work permit. This is perfectly normal.  They are doing you a service by doing all the leg work for you.  Unlike a comment above, the admins at the place of business I use to work for had connection in immigration and with the MoL.  They did all the paperwork processing for me.  I just signed papers at the office and they obtained my WP.  I never had to accompany them.  You should be happy!  Be a good guy and thank them!

Edited by connda
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Although your employer may request your passport to expedite paperwork (work permit etc), they should immediately return your passport with your work permit paperwork as soon as it is available. This is for two reasons:

1. With most countries, the passport is the property of the Government/Ministry of Foreign Affairs and is only given to you to facilitate your crossing borders. Handing it over for safe-keeping to unauthorised third parties is a breach of the conditions by which you receive the passport

2. Specifically in Thailand, you must have a passport in order to be able to show the police that you are who you are. While you may be given some slack if you carry a photocopy of the relevant pages, they have the right to request the original - and this being locked up in the employer's safe for the long weekend is going to cause you a headache, to say the least. It goes without saying that you should carry your original work permit whenever you are working in case you are asked to show it to the relevant authorities. Again, it being in your employer's safe is no excuse.

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BOI don't need your original passport until the day you go to get your WP and extension of stay. It can all be done with signed copies. All my paperwork was submitted and checked online so there was no need for the original passport until the day of pickup.

 

I got there at 7.45 and was out within an hour, but colleagues who have arrived around 8.30 have had to wait as late as lunchtime to get everything completed so YMMV.

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