Work Permit Changes

Thailand laws, tips and advice.
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isaanlawyers
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Post by isaanlawyers » July 28, 2008, 4:50 am

I was confirming. We did one last Thursday.

I was also told that there was a meeting in BKK (that I can't confirmed) suggesting that there will apply a minimum salary of 35K for work permit for foreigners... Before, there was no minimum and it is NOT in the law of work permits. Immigration rules are different, and yes, for a Non-B (private company) , you need a minimum salary according to the annex. That's really NEW. I read it on another forum posted by Sunbelt. It is supposed to be already applied in BKK. But it is NOT in KORAT as LAST WEEK.

That's also very interesting...



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Post by lee » August 1, 2008, 5:57 pm

I've just this minute returned from my short visit to Penang. I can now fully confirm that 1 year multi-B visa's are no longer issued.
My advice to anyone looking for a 1 year multi B visa is travel back to your own country. Rules change daily at neighboring country consulates so it’s never certain if you will get one. It also matters not if you’re a company owner, worked in Thailand x amount of years, pay taxes and have all the required documents, if they don’t want to issue them they won’t, simple as that.

On the plus side is that I took some nice photos of Penang and enjoyed my short stay there. It's quite an interesting island historically but a little on the expensive side in comparison to Thailand.

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isaanlawyers
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Post by isaanlawyers » August 3, 2008, 11:40 pm

I was outside town for few days...
Going back to your own country for a Non-Imm multiple entry can be very expensive. Tickets for Australia, USA or UK are not cheap...
There are other ways around, because these fews are still not applied. For example, you get your extension based on marriage (if you are married) and apply for a work permit with a low income. (Lowest I've seen was around 12K for a foreigner...but like I wrote somewhere and heard, it might be a new standard of 35K now...don't know if it applies everywhere and it is NOT IN THE LAW). We got a work permit at 12K for a foreigner in KK, married to a Thai person, about 3 months ago. It wasn't easy...

With the marriage visa, you won't need the 4 Thai employees and with a low income, taxes will be quite low... or none.

If penang doesn't issue the one year, I would love to know about KL or Singapore. Outside Thailand, they often don't check the 4 Thais employee per foreigner on the NON-B extension, which can save you a lot of social security taxes...

Each situation is different. BTW, I am not a specialist of visas and work permits. We do some at our office, but our main fields are corporate law, family law and property. In Isaan, more or less every foreigner living here for a while knows about visas... The situation is different in Pattaya (where I worked few months) or other touristic destinations.

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Post by lee » August 4, 2008, 12:50 pm

I have spent some time compiling this list of costs, pros and con's etc of renewing a business visa; it may help assist you with deciding which route to take when it comes time to renew your B visa:

Renewing options for 'B' visa holders:

Apply in home county (UK).

Flight home £600 / 38,000bt
B Visa fee £100 / 6,400bt
Flights Udon - BKK - BKK - Udon £57 / 3,600bt
Spending money for 1 week approx £300 / 20,000bt
Taxis/transfers etc £78 / 5,000bt
Total £1,135 / 73,000bt

Renew visa every 90 days at Laos (cross bridge and return same day)
Laos visa 1500bt x 4 = £93 / 6,000bt
Petrol 500bt x 4 = 2000bt
Total £125 / 8,000bt

Renew work permit every 90 days @ 800bt per time = £47 / 3,200bt

Company tax lower via this option because renewing outside Thailand
approx 1,500 per month
Total 18,000bt

Total cost for renewing your B visa at your home country:
£1,455 / 99,000bt or £128 / 8,250bt per month
Time: Atleast 7 days + 4 days crossing border to Laos

Negative points: long flight home and takes time, so if you're running a business and have limited time this probably isn't the best option. It also could cost more than quoted above depending on your day to day expenses and flight costs.

Positive points: It’s a good chance to meet up with family and friends and enjoy a short holiday back home.

Apply in Thailand

Visa Fee £93 / 6,000bt ??
Visa office to assist with paperwork £109 / 7,000bt
Personal taxes per month £78 / 5,000bt
Social Insurance etc per month £78 / 5,000bt
Total per year £2,078 / 133,000bt or £173 / 11,083bt per month
Time: 1-2 days if all paperwork is in order.

Negative points: Most expensive option. Masses of paperwork required and rules change frequently.

Positive points: Saves time and you have no need to leave the country every 90 days. Plus you are on the immigration register so you could possibly apply for residency in 10+ years. You only need to extend your work permit once per year.

Fees are considerably less if you are married, see issanlawyers post above.


3 month single entry B visa in Vientiane

Laos visa @ 1,500bt per time x4 6,000bt
Petrol 500bt x 4 = 2,000bt
B Visa Fee @ 3,000bt x 4 = 12,000bt
Hotel 1 night x 4 = 4,000bt
Food, taxi's etc. x 4 = 20,000bt
Company tax lower via this option because renewing outside Thailand
Approx 1,500 per month
Total 18,000bt
Renew work permit every 90 days @ 800bt per time = £47 / 3,200bt
Total per year £1,018 / 65,200bt or £84 / 5,433bt per month
Time 8 days plus up to 2 days for work permit extensions

Negative points: Passport fills up quickly with Laos visa stamps. Have to renew work permit every 3 months. Long queues at Laos border and Thai consulate. Arrive early at both or apply for Laos visa at Khon Kaen and pay a guy outside the Thai consulate 1,000bt to submit your passport for you.

Positive points: The cheapest option by far, short 3 day holiday to Laos each 90 days and a chance to stock up on duty free. Plus is only a 1 hour drive from Udon.

oldfield

Post by oldfield » August 4, 2008, 2:38 pm

Ricohoc wrote:That fee will hit teachers very hard. Don't most English teachers make in the neighborhood of 30,000 B per month?
I think you'll find that these regulations do not apply to teachers. Only people with 'real' jobs like Paul and Lee.

oldfield

Post by oldfield » August 4, 2008, 2:50 pm

Just pulled this off Ajarnforum

"The new rates do not apply to schools and teachers.

Section 4 ( sub 6 ) of the Working Aliens Act 2551 excludes any persons who performs duty for the benefit of Education, Arts, Sports or any other activities as may be prescribed by Royal Decree."


more info here:
http://www.bangkokpost.com/180708_Busin ... _biz42.php

It's not 100% clear yet, but like most things here.....what is?

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Post by Paul » August 4, 2008, 7:04 pm

oldfield wrote:
Ricohoc wrote:That fee will hit teachers very hard. Don't most English teachers make in the neighborhood of 30,000 B per month?
I think you'll find that these regulations do not apply to teachers. Only people with 'real' jobs like Paul and Lee.

Real jobs - LOL :)


Before I got my 'real job' - I dabbled at teaching.
30,000 baht ha ! in my dreams
7000 per month mate !

second offer was indeed at the 30,000 mark - but i turned it down (for a real job) :)

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Post by isaanlawyers » August 4, 2008, 8:17 pm

If you are really interested by all these changes, have a look here:

http://www.isaanlawyers.com/work%20permit%202008.pdf

These are the modification between the old and new law. This document was prepared by Sunbelt and not by us (We don't have the staff to do it!!!!!).
The modification in the fees are at the end. Art 21 is I believe, for the 2 years period.

Sec 4 is almost the same as before... These are people EXCLUDED to get a work permit, like diplomats. It's REALLY RARE. There is a new exception at seven.... but I don't think it excludes teachers to get a work permit!!! (Not now!!!)

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Post by AussieBoy » August 5, 2008, 12:20 pm

Section 4. This Act does not apply to
performance of specific duty by aliens in
the Kingdom in the following capacities:
(1) as members of a diplomatic mission;
(2) as members of a consular mission;
(3) as representatives of member countries Australia
and officials of the United Nations and
specialized institutions; Engineers with out borders
(4) as personal servants coming from
foreign countries to work regularly for
persons in (1) or (2) or (3);
(5) as persons who perform duty or
mission under an agreement concluded
between the Government of Thailand and
foreign Governments or international
organizations;
(6) as persons Me who perform duty or
mission for the benefit of education, Culture, art, sports or other activities as
may be prescribed by the Royal Decree;
(7) as persons permitted by the Cabinet
to enter and perform any duty or
mission, accordingly upon the rules
prescribed by the Cabinet.


That covers me then

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