Urgent Advise Needed

[boes]

I had a 1-year non B multiple entry visa and applied for a 1 year extension at the Krabi Immigration office.

Got a 1 month extension stamp.

The application was denied because the company's income 2005 was too low. But that was due to the company was under construction - the resort wasn't open - only opened 2006. Now there is full business.

Doesn't matter ! The figures for 2005 are negative !!!!! Was the answer from the regional office in Hat Yai.

Even my local immigration officers are shaking their heads. Result: I get 7 days extension and must leave the country and my hotel in the middle of the peak season. What part of the body are these guys thinking with ?

I'm married to a thai-woman.

What kind of visa should I apply for allowing me to work ? Where should I go to get it ?

Please, I need urgent advice !

[omlagus]

Why did you go to immigration inside Thailand? They won't give you a 1year extension. Once your multi is up.............go get a new one. Your w/p is only valid for as long as your visa.....90days, and then it's extended.

90 days..............border run, 90 days w/p extension.

[wca01]

Why you don't change your visa to Non-0 and apply for a 1-year extension "married to a Thai wife". I suppose you can prove the needed income of Baht 40,000 together with your wife.

WCA

[Sunbelt Asia]

I had a 1-year non B multiple entry visa and applied for a 1 year extension at the Krabi Immigration office.

Got a 1 month extension stamp.

The application was denied because the company's income 2005 was too low. But that was due to the company was under construction - the resort wasn't open - only opened 2006. Now there is full business.

Doesn't matter ! The figures for 2005 are negative !!!!! Was the answer from the regional office in Hat Yai.

Even my local immigration officers are shaking their heads. Result: I get 7 days extension and must leave the country and my hotel in the middle of the peak season. What part of the body are these guys thinking with ?

I'm married to a thai-woman.

What kind of visa should I apply for allowing me to work ? Where should I go to get it ?

Please, I need urgent advice !

If you or your wife makes 40K per month, you can get an extension of stay based on living with your Thai wife.

Otherwise get a non immigrant "O' visa in Singapore based on being married to a Thai. Then every 90 days revalidate your work permit.

www.sunbeltasiagroup.com

[taxexile]

What part of the body are these guys thinking with ?

yes , it does make you wonder......

...... why they couldnt have suggested sunbelts advice .....

If you or your wife makes 40K per month, you can get an extension of stay based on living with your Thai wife.

Otherwise get a non immigrant "O' visa in Singapore based on being married to a Thai. Then every 90 days revalidate your work permit.

..... instead of just dismissing you with a 7 day extension.

[monty]

The current reasoning is that your company needed to make enough profit in the previous year to be able to pay the staff for the whole coming year.

If this includes a foreigner with workpermit (used to obtain 1 year extension of stay based on employment) you would need to be able to show a net profit of around 700,000 Baht or more (12 X 50,000 Baht is already 600,000 Baht needed to pay the foreigners salary!)

You were lucky, I had two friends on seperate occasions who were simply not given any extension at all, stating that they still had time to make it to the Cambodian border before their current stamp expired. This was the Pattaya (Jomtien) office which indeed is only about 3-4 hours away from the Cambodian border...

Indeed, how they expect a newly formed company to make a profit that big in the first year is mind boggling.

The revenue department allows for up to 3 years of breaking even or even operating at a loss, with generous rules to even roll over that loss into the following years!!!

In your case your best bet would be to go to a Thai consulate or embassy abroad and apply for a non-immigrant visa based on marriage with a Thai national.

In your home country this will give you a multiple entry non-o visa, in the neighbouring countries you most likely will get a single entry non-o.

If you get a multiple entry you could do a border run every 90 days, immediatley followed with a visit to the labour department to get your WP extended.

In case of a single entry, get your 1 year extension based on support of Thai national, which with a workpermit with salary (and tax-slips) of over 40,000 Baht should not be a problem. Once you receive the extension (or with the 30 days under consideration stamps) just make sure to get your WP synced with your latest visa stamp...

[smartecosse]

Why did you go to immigration inside Thailand? They won't give you a 1year extension. Once your multi is up.............go get a new one. Your w/p is only valid for as long as your visa.....90days, and then it's extended.

90 days..............border run, 90 days w/p extension.

eh??

they gave me one

have the rules changed ???

12 mth extensions are fairly commonplace i thought

[Sunbelt Asia]

In your case your best bet would be to go to a Thai consulate or embassy abroad and apply for a non-immigrant visa based on marriage with a Thai national.

He still can get the extension to live with his wife inside THailand if he has the proof of a income of 40K Baht per month. This will save him a trip to the Embassy/consulate.

www.sunbeltasiagroup.com

[JohnC]

Do I understand this correctly? Those with a work permit (annual) and a company now have to do a visa run every 90 days? For the past three years all that was required was 90 day reporting on a non imm B. One collegue renewed this last month, no problem, reports every 90 days, this month another colegue had his annual work permit renewed but was told he had to leave the country and re-apply for his non imm b visa. On arrival back he was given a 90 day stamp and told

he had to leave the country every 90 days. So this means that every foreign business operators in Thailand now how have to leave the country every 90 days which IMO is very inefficient and does not lend itself to good business management. Collegue is not married or in a relationship so that is not an option.

Comments welcome.

Edited December 13, 2006 by JohnC

[sting01]

To the OP :

Please dear Sir , comply with the spirit of the Thai laws. Go back to farang land and never come, while you are giving away to your wonderfull thai wife your hotel and any parts or shares you can have in any kind of business in Thailand. Here farangs (most of them old, smelly and un educated) are tolerate only as short time tourist (this is why short time hotels were created, to be able to park those personns).

Anyway, what use are you for thailand? ARe you investing (currently)? If you did in the past and got a year in Thailand, then things were fair. IF you do not invest now, so no reason for you to stay here, you simply take the place of soimeone weathly enought to waste his/her money in the Land of Smiles.

[mpdkorat]

To the OP :

Please dear Sir , comply with the spirit of the Thai laws. Go back to farang land and never come, while you are giving away to your wonderfull thai wife your hotel and any parts or shares you can have in any kind of business in Thailand. Here farangs (most of them old, smelly and un educated) are tolerate only as short time tourist (this is why short time hotels were created, to be able to park those personns).

Anyway, what use are you for thailand? ARe you investing (currently)? If you did in the past and got a year in Thailand, then things were fair. IF you do not invest now, so no reason for you to stay here, you simply take the place of soimeone weathly enought to waste his/her money in the Land of Smiles.

What are you taking?

[Sunbelt Asia]

Do I understand this correctly? Those with a work permit (annual) and a company now have to do a visa run every 90 days? For the past three years all that was required was 90 day reporting on a non imm B. One collegue renewed this last month, no problem, reports every 90 days, this month another colegue had his annual work permit renewed but was told he had to leave the country and re-apply for his non imm b visa. On arrival back he was given a 90 day stamp and told

he had to leave the country every 90 days. So this means that every foreign business operators in Thailand now how have to leave the country every 90 days which IMO is very inefficient and does not lend itself to good business management. Collegue is not married or in a relationship so that is not an option.

Comments welcome.

In Bangkok, if the audited balance sheet does not show an net equity of one million Baht or the gross turnover exceeds the foreigner salaries on the annual audit, than they no longer qualify for the extension of stay based on business.

In Pattaya, its not gross sales that needs to be higher than the foreigner salaries, it is net profit for the previous year.

www.sunbeltasiagroup.com

[boes]

This kind of replies I think we don't need.

I was asking for advise.....

[midas]

The current reasoning is that your company needed to make enough profit in the previous year to be able to pay the staff for the whole coming year.

If this includes a foreigner with workpermit (used to obtain 1 year extension of stay based on employment) you would need to be able to show a net profit of around 700,000 Baht or more (12 X 50,000 Baht is already 600,000 Baht needed to pay the foreigners salary!)

You were lucky, I had two friends on seperate occasions who were simply not given any extension at all, stating that they still had time to make it to the Cambodian border before their current stamp expired. This was the Pattaya (Jomtien) office which indeed is only about 3-4 hours away from the Cambodian border...

Indeed, how they expect a newly formed company to make a profit that big in the first year is mind boggling.

The revenue department allows for up to 3 years of breaking even or even operating at a loss, with generous rules to even roll over that loss into the following years!!!

In your case your best bet would be to go to a Thai consulate or embassy abroad and apply for a non-immigrant visa based on marriage with a Thai national.

In your home country this will give you a multiple entry non-o visa, in the neighbouring countries you most likely will get a single entry non-o.

If you get a multiple entry you could do a border run every 90 days, immediatley followed with a visit to the labour department to get your WP extended.

In case of a single entry, get your 1 year extension based on support of Thai national, which with a workpermit with salary (and tax-slips) of over 40,000 Baht should not be a problem. Once you receive the extension (or with the 30 days under consideration stamps) just make sure to get your WP synced with your latest visa stamp...

A question for monty or Sunbelt -surely it wouldn't unusual for a brand-new business to make a loss in the first year of it's operation ? Rather than forfeit the business and ones ability to renew the visa if you didn't happen to make " a net profit of around 700,000 Baht or more ",

would you be allowed to make a personal " loan " to the company to temporarily keep it going on the basis that you would get it back when you to enter profitability ? Would you qualify for the Visa extension under the circumstances ?

[monty]

Midas,

In Bangkok I guess no problem, as Sunbelt states a net equity of over a million Baht on the books is accepted!

In the Republic of Pattaya (seemingly with their own set of rules) immigration requires an actual profit to the tune of the foreigners salary, to be made.

You'd not be out of business on the refusal of the extension, but you would need to revert to non-immigrant visa's (which you will get with your workpermit) and do 90 day borderruns/visa runs, everytime followed by a trip to the labour department to get your workpermit synced with your latest entry stamp...

[midas]

Midas,

In Bangkok I guess no problem, as Sunbelt states a net equity of over a million Baht on the books is accepted!

In the Republic of Pattaya (seemingly with their own set of rules) immigration requires an actual profit to the tune of the foreigners salary, to be made.

You'd not be out of business on the refusal of the extension, but you would need to revert to non-immigrant visa's (which you will get with your workpermit) and do 90 day borderruns/visa runs, everytime followed by a trip to the labour department to get your workpermit synced with your latest entry stamp...

Thank you for clarifying that ! it's no wonder so many foreigners have established businesses in Koh Kong, Sihanoukville and Phnom Penh in Cambodia where it's a doddle compared to all this. I simply don't understand the philosophy of putting all this pressure on foreigners who have a bona fide intention to run a legitimate business here and provide employment to Thai's ?

[Sunbelt Asia]

The current reasoning is that your company needed to make enough profit in the previous year to be able to pay the staff for the whole coming year.

If this includes a foreigner with workpermit (used to obtain 1 year extension of stay based on employment) you would need to be able to show a net profit of around 700,000 Baht or more (12 X 50,000 Baht is already 600,000 Baht needed to pay the foreigners salary!)

You were lucky, I had two friends on seperate occasions who were simply not given any extension at all, stating that they still had time to make it to the Cambodian border before their current stamp expired. This was the Pattaya (Jomtien) office which indeed is only about 3-4 hours away from the Cambodian border...

Indeed, how they expect a newly formed company to make a profit that big in the first year is mind boggling.

The revenue department allows for up to 3 years of breaking even or even operating at a loss, with generous rules to even roll over that loss into the following years!!!

In your case your best bet would be to go to a Thai consulate or embassy abroad and apply for a non-immigrant visa based on marriage with a Thai national.

In your home country this will give you a multiple entry non-o visa, in the neighbouring countries you most likely will get a single entry non-o.

If you get a multiple entry you could do a border run every 90 days, immediatley followed with a visit to the labour department to get your WP extended.

In case of a single entry, get your 1 year extension based on support of Thai national, which with a workpermit with salary (and tax-slips) of over 40,000 Baht should not be a problem. Once you receive the extension (or with the 30 days under consideration stamps) just make sure to get your WP synced with your latest visa stamp...

A question for monty or Sunbelt -surely it wouldn't unusual for a brand-new business to make a loss in the first year of it's operation ? Rather than forfeit the business and ones ability to renew the visa if you didn't happen to make " a net profit of around 700,000 Baht or more ",

would you be allowed to make a personal " loan " to the company to temporarily keep it going on the basis that you would get it back when you to enter profitability ? Would you qualify for the Visa extension under the circumstances ?

The balance sheet is only one criteria. It's the days of 90 day visa runs for start ups with revalidation of the work permit every time.

www.sunbeltasiagroup.com

[Digger]

This does not surprise me about the differences between Bangkok and Pattaya in interpreting the rules for extension based on a business, however I was led to believe that infact all Pattaya do, is accept the application and then send it up to Bangkok where a decision is made. So does this mean, if you dont have the 1,000,000b in profit on previous years balance sheet (maybe despite sufficient sales volume and equity in the company), that the application is not even accepted in Pattaya? If this is the case, did I read before from Sunbelt that the applicant can just go straight to Bangkok and lodge it there? Knowing most lawyers tend to leave it to the very last minute to lodge applications (and therefore keep stamps allowing maximum time of stay) - that could explain how Monty's acquaintances have had problems - suddenly needing to change all their plans and fly off leaving an unsupervised business.

This kind of inconsistency is not exactly supportive of the foreign investor who tries to do things legally - I would not be surprised if there is some kind of public demonstration from a farang business owner who takes all his staff to Pattaya immigration and when his application is declined, he tells his staff assembled "sorry guys - no job anymore, you are all out of a job, thanks to these guys".

[Sunbelt Asia]

This does not surprise me about the differences between Bangkok and Pattaya in interpreting the rules for extension based on a business, however I was led to believe that infact all Pattaya do, is accept the application and then send it up to Bangkok where a decision is made. So does this mean, if you dont have the 1,000,000b in profit on previous years balance sheet (maybe despite sufficient sales volume and equity in the company), that the application is not even accepted in Pattaya? If this is the case, did I read before from Sunbelt that the applicant can just go straight to Bangkok and lodge it there? Knowing most lawyers tend to leave it to the very last minute to lodge applications (and therefore keep stamps allowing maximum time of stay) - that could explain how Monty's acquaintances have had problems - suddenly needing to change all their plans and fly off leaving an unsupervised business.

This kind of inconsistency is not exactly supportive of the foreign investor who tries to do things legally - I would not be surprised if there is some kind of public demonstration from a farang business owner who takes all his staff to Pattaya immigration and when his application is declined, he tells his staff assembled "sorry guys - no job anymore, you are all out of a job, thanks to these guys".

Would try BKK if the only hold up on the extension was the turnover.

www.sunbeltasiagroup.com

[boes]

They make it so difficult for us.

I'm selling. To run a small company here with 12 employees is too difficult. They treat the small companies as they treat the multinational - ones. Same paper-exercise whether you have 2 - or 2000 employies- Thailand good bye ! Fillipines here I come.

[donna]

thats a shame boes. why not take the advice given here, stick it out for another year and see how you go?