As published in the Pattaya Mail newspaper. Pete
___________________________________________
New immigration regulations come into force for businesses employing foreign workers
Martin Kyle
(Executive Director AustCham Thailand)
There has been an important change to the supporting documents required to extend Non-Immigrant Visas Category ‘B’.
With effect from Friday, 4 May 07, Thai Immigration requires all applications for the extension of a non-immigrant visas category ‘B’ (the visa which supports the retention of a Thai work permit) to be supported by the following documentation:
1/ A photocopy of the employing company’s Affidavit and Shareholders’ List certified as a true copy of the original by the Ministry of Commerce.
2/ A photocopy of the employing company’s most recent Annual Financial Statements certified as a true copy of the original by the auditor who audited it.
3/ A photocopy of the employing company’s most recent Personal Income Tax Return (PND1) with the Revenue Department’s receipt plus a photocopy of the applicant’s most recent Annual Personal Income Tax Return (PND91) (if they have one) certified as a true copy of the original by the Revenue Department.
4/ A photocopy of the employing company’s most recent Social Security Fund monthly return certified as a true copy of the original by the Social Security Fund Office.
Photographic evidence is now required to support the Initial Application to extend a Non-Immigrant Visa Category ‘B’.
With effect from Wednesday, 16 May 07, Thai Immigration requires the first application to extend a non-immigrant visa category ‘B’ to be supported by photographs of every employee in the employing company and each photograph is to be taken showing the employee at their place of work (e.g. sitting at their desk or working at their piece of machinery or sitting behind the steering wheel of the company vehicle, etc.).
Sources have told us that if a company has many Thai employees then the application should be supported by photographs of several of the employees as long as the number exceeds the minimum requirement of four Thai employees to match each foreign employee. However, the reason the photographs are required is to enable an Immigration inspection team to match the photographs against the actual employees and their workplace if they pay a surprise visit.
The Immigration Bureau has warned that it is now a policy of theirs to conduct surprise visits to newly registered companies that employ expatriates who require work permits.
The aim of the inspections by the Thai Immigration Department would appear to be to determine whether the information supplied by companies employing expatriates is correct insofar as:
a) Capitalisation; b) Business activity and nature; c) Location of business; d) Number of Thais employed as a ratio to expatriates; and e) Existence of Thai employees.
We have been informed that all new companies registered that employ expatriates may be subject to a visit by the Immigration Department. To avoid breaching the legislation with respect to work permits and visas, companies are advised to adhere as a minimum to the following:
a) Fully paid up registered share capital. Baht 2 million per work permit for non-BOI companies; b) Employ FOUR (4) Thais to every expatriate and those Thais must be current employees of the company, be paid a salary and have written contracts to support their employment for non-BOI companies; c) Business operated by the company should comply to the objects in the Articles of Association; and, d) The place of business should have the appearance of a proper place of business even if it is operated from an expatriate’s place of residence.
The Immigration Bureau has also issued a warning to applicants, employing companies and appointed representatives of applicants for extension of non-immigrant visas.
If it is found that the information provided in supporting documentary evidence is not correct then the applicant’s visa will be cancelled and they will have to leave Thailand. As well, the principals of the employing company and the agency handling the application (if one is used) will be reported to the police for further action.
We recommend that if you have any questions with regard to these new regulations that you consult a professional company specialising in immigration procedures.
We would like to thank Barry Petersen of Lang Suan House Co., Ltd. (tel. 02 652 2757) for contributing the above information on the new regulations.
"B" Visa requirements
Hmmm now where was that thread debating the meaning of "clampdown"?
They could save themselves the trouble of all this extra paperwork and photographs and issue every company employing foreigners a letter stating:
"We would like to suggest that you notify all foreigners working for your company in Thailand to kindly fuck off to Malaysia because we really don't want them here."
They could save themselves the trouble of all this extra paperwork and photographs and issue every company employing foreigners a letter stating:
"We would like to suggest that you notify all foreigners working for your company in Thailand to kindly fuck off to Malaysia because we really don't want them here."
Who is the happier man, he who has braved the storm of life and lived or he who has stayed securely on shore and merely existed? - Hunter S Thompson
If they are actually going to enforce all that it would certainly be a big deterrent to anyone thinking of starting a business in Thailand. The stupid thing is that having rules that stringent would drive away legitimate investment.
Incidentally, I read recently that Singapore is trying to attract more foreigners as well, it’s expensive compared with Thailand but I’m sure they can attract some of the richer end of the market.
Incidentally, I read recently that Singapore is trying to attract more foreigners as well, it’s expensive compared with Thailand but I’m sure they can attract some of the richer end of the market.
But Singapore Steve....? I did everything there was to do in a period of 7 months and moved house to here. Perhaps if you are young and raising a family, and working 60 hour weeks it's a good place to be. It's also good if you like to go shopping daily, or spend several hundred Sing to sit with girls from a variety of countries and drink a $200 Sing bottle of Chivas, while singing karoke at $10 Sing, a song. 
You also have to love living in a condo.
Nice place to go maybe once a year but no thanks as far as living there. Pete
You also have to love living in a condo.Nice place to go maybe once a year but no thanks as far as living there. Pete
One of first requirement for investment/a new business in any country is to look for/rely on stability.
Since I have started the company 6 years ago, I have seen the laws, regulations changing for worse for foreigners in Thailand.
It's one thing to change the laws, it's another thing to change the laws every few months retrospectively without a debate or announcement of a future law change.
I think Buksi's comment is the best summary, and I have finally got the message.
It came to a point, where I know my business is not wanted and that's been made clear with the last change, I really ran out of patience to wait to see how bad will the next change will effect my business, ironically that's one thing you can rely on here in Thailand as a foreign business, there will be another change to make things worse.
Time to pack, me thinks.
Since I have started the company 6 years ago, I have seen the laws, regulations changing for worse for foreigners in Thailand.
It's one thing to change the laws, it's another thing to change the laws every few months retrospectively without a debate or announcement of a future law change.
I think Buksi's comment is the best summary, and I have finally got the message.
It came to a point, where I know my business is not wanted and that's been made clear with the last change, I really ran out of patience to wait to see how bad will the next change will effect my business, ironically that's one thing you can rely on here in Thailand as a foreign business, there will be another change to make things worse.
Time to pack, me thinks.
Say mai penrai live longer!
Pete, it's not for me either, but my point is that they are going out of their way to attract people, whilst Thailand is seemingly trying to drive them away. I know people that enjoy living in Singapore, but you need the salary and company supplied condo to make it worthwhile.prcscct wrote:But Singapore Steve....? I did everything there was to do in a period of 7 months and moved house to here. Perhaps if you are young and raising a family, and working 60 hour weeks it's a good place to be. It's also good if you like to go shopping daily, or spend several hundred Sing to sit with girls from a variety of countries and drink a $200 Sing bottle of Chivas, while singing karoke at $10 Sing, a song. :roll: You also have to love living in a condo.
Nice place to go maybe once a year but no thanks as far as living there. Pete :cheers:
I was considering work there, with the intention of spending weekends in Thailand, but the restrictions on Visa exemptions would make that unrealistic.
I think you guys are right. What we saw with the crackdown on the 30 day visa wavier issue now seems to be extended to the "B" visa and perhaps others.
It seems clear that they are trying to make it as difficult as possible for the farang, small business man. This could also spill over into the house by company purchase issue.
The above new regulations are a drop in the bucket for the BOI companies who import farangs on contract. They have people to handle these things for them.
I've mentioned in the past that I go to a small immigration office at Mataput, about 1 hour drive from Pattaya. I go there as no crowds and in/out in 30 minutes usually. Sometimes when there, I see female staff dressed in their office/factory uniform walk in with 10 or more passports. She says nothing, hands them across the counter, everything else stops, and those passports are stamped and she's on her way in 10 minutes. Very obvious that the BOI factories have made special arrangements to allow this to happen without the farang worker being present.
The issue at hand now is will the next elected government cancel this flurry of new regulations being put out by this current military government? I have a feeling they will to a degree. We'll see. Pete
It seems clear that they are trying to make it as difficult as possible for the farang, small business man. This could also spill over into the house by company purchase issue.
The above new regulations are a drop in the bucket for the BOI companies who import farangs on contract. They have people to handle these things for them.
I've mentioned in the past that I go to a small immigration office at Mataput, about 1 hour drive from Pattaya. I go there as no crowds and in/out in 30 minutes usually. Sometimes when there, I see female staff dressed in their office/factory uniform walk in with 10 or more passports. She says nothing, hands them across the counter, everything else stops, and those passports are stamped and she's on her way in 10 minutes. Very obvious that the BOI factories have made special arrangements to allow this to happen without the farang worker being present.
The issue at hand now is will the next elected government cancel this flurry of new regulations being put out by this current military government? I have a feeling they will to a degree. We'll see. Pete
When I first came to Thailand, I was working for a BOI approved company as Programmer Department Chief, me and my wife (as dependant visa) was given a 3 year visa and work permit.
We managed to import all our furniture from Dubai with no import duty tax, and showing your BOI card was a big previlage. Also never needed to go anywhere else but the BOI One Stop Service Building regarding visa, work permit or any legal advice.
I still maintain some BOI approved compant customers and realise that things are even for them, have long changed since year 2000.
Just in the last 2 years Thailand has lost more than 10 Billion USD new and ongoing investment from foreign companies, some of the reasons being, unstable economy and politics, international laws and agreements not implemented or ignored, not enough educated labour.
Most of those investors now started/moved their operations in the neighbouring countries and on top of this, guess what's the government response to all of this - we don't need foreign investment, we have sufficiency economy, Thailand has enough for it's own people.
This is why the latest changes in the investment, foreign business act, labour and visa laws are pushed more and more against foreigners - we don't need foreigners!
A few recent examples - Land/property ownership, Foreign Business Act (Share holding limits, voting rights, labour laws, investment and monetary fund transactions), Cancelling/not renewing/reviewing licences of telecom and media companies, etc...
I am afraid this patriotic/nationalistic momentum has already created an unfixable chain of mistakes, that the people of this country have to face some difficult times in the future.
We managed to import all our furniture from Dubai with no import duty tax, and showing your BOI card was a big previlage. Also never needed to go anywhere else but the BOI One Stop Service Building regarding visa, work permit or any legal advice.
I still maintain some BOI approved compant customers and realise that things are even for them, have long changed since year 2000.
Just in the last 2 years Thailand has lost more than 10 Billion USD new and ongoing investment from foreign companies, some of the reasons being, unstable economy and politics, international laws and agreements not implemented or ignored, not enough educated labour.
Most of those investors now started/moved their operations in the neighbouring countries and on top of this, guess what's the government response to all of this - we don't need foreign investment, we have sufficiency economy, Thailand has enough for it's own people.
This is why the latest changes in the investment, foreign business act, labour and visa laws are pushed more and more against foreigners - we don't need foreigners!
A few recent examples - Land/property ownership, Foreign Business Act (Share holding limits, voting rights, labour laws, investment and monetary fund transactions), Cancelling/not renewing/reviewing licences of telecom and media companies, etc...
I am afraid this patriotic/nationalistic momentum has already created an unfixable chain of mistakes, that the people of this country have to face some difficult times in the future.
Say mai penrai live longer!
Very good post WM and keys in on several issues we've been talking about. I highlight your above statement as even our resident Thai, Khun Understudy, agrees that the King's statement about this 'concept' has been totally and completely either misunderstood, or manipulated by this present government.webmaster wrote:......guess what's the government response to all of this - we don't need foreign investment, we have sufficiency economy, Thailand has enough for it's own people.
Indeed Thailand has enough for it's own people if they continue to keep 60% of them in rags and pushing a plow or welding torch, and pushing their daughters into brothels to support the family. This serves the will of the power elite just as it has forever here, but we are seeing an extreme version of it at present.
Your other post that referenced the cheap, $100 computers. It's people like that who made that comment that I hope are pushed so far out of power come the elections that we never hear or see them again. I'm keeping my fingers crossed. Pete
After WWII the Philippines was the richest country in S.E. Asia. Years of incompetent and corrupt government relegated the country to today’s basket case. The country now relies on repatriations from its citizens working abroad to keep the country functioning at its present decrepit level.
As Philippinos can only wonder at what could have been, one day Thais will wake up to find that they are lagging well behind Malaysia, Vietnam and Cambodia and they will look back in bewilderment at what went wrong.
As Philippinos can only wonder at what could have been, one day Thais will wake up to find that they are lagging well behind Malaysia, Vietnam and Cambodia and they will look back in bewilderment at what went wrong.