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Work Permit, Mom & pop rule # 12

thatguy
  2008-08-28 22:43:51
Post #1: http://www.thaivisa.com/forum/Work-Permit-t209127.html&view=findpost&p=2174953#entry2174953
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12. Being a married couple with Thai citizen, with legally married registration, publicly cohabiting as husband and wife, and with a legal profession, which is socially respectable.


Does this provision allow for a WP without a Thai registered company?
NHJ
  2008-08-29 11:00:56
Post #2: http://www.thaivisa.com/forum/Work-Permit-t209127.html&view=findpost&p=2175769#entry2175769
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sentence out of context, can you post the complete link please?
thatguy
  2008-08-29 11:28:34
Post #3: http://www.thaivisa.com/forum/Work-Permit-t209127.html&view=findpost&p=2175829#entry2175829
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New work permit rules. May 2002 PDF Print E-mail
Monday, 18 December 2006
New work permit rules. May 2002
In May 2002, the Department of Employment has announced with approval from the Minister of Labour and Social Welfare the new Procedure Order governing criteria and condition for expatriate's work permit approval.
This new procedure order revises the old regulations governing work permit approval, renewal and modification of employment descriptions or locations of a workplace.


According to the procedure order, the permit may be granted to an
expatriate who has the qualification according to one of these conditions:

1. Working for an establishment with a registered capital of at least 2,000,000 Baht. One expatriate can be hired for every 2,000,000 Baht of capital but not more than 10 expatriates.

Supported Document:

- The Certificate of juristic person registration with a fully paid-up capital not less than 2,000,000 Baht and a copy of the list of shareholders (Form Bor-Or-Jor 5).

- Financial statement with an initial working capital not less than 2,000,000 Baht certified by a certified auditor And after deduction of debts, loans and other expenses, the establishment must have assets as cash or bank deposit not less than 2,000,000 Baht.

- Account transaction to proof cash transacting in the bank for business transaction in the amount not less than 2,000,000 Baht.

2. Working in an establishment, which has already paid income tax for juristic company to the Revenue Department in the past 3 years not
less than 5,000,000 Baht. For every 5,000,000 Baht tax payment is allowed to hire 1 expatriate.

Supported Document:

- Form of tax payment on juristic person (Por Nkor Dor 91) and the receipt from the Revenue Department

3. Working for an establishment, which engages in export business and remit foreign currency of at least the equivalent of 3,000,000 Baht
last year. For every 3,000,000 Baht, an establishment is allowed to hire 1 expatriate but not more than 3 expatriates.

Supported Document:

- A copy of Bill of Lading submitted to the Custom Department stating the total value of export goods.

4. Working in an establishment, which employs 50 Thai employees. An establishment is allowed to hire 1 expatriate for every 50 Thai employees but not more than 5 expatriates in total.


Supported Document:

- The proof of payment paid toward the Social Security Fund.

5. An expatriate having an income and duty to pay personal income tax to the Revenue Department of equivalent or more than 18,000 Baht, or already paid personal income tax in the past year of equivalent or more than 18,000 Baht.

Supported Document:

- If an expatriate has never worked in the Kingdom, he must provide the employment contract to the officer in order to estimate an expatriate's ability to pay such tax. Accordingly, in the case of single expatriates, he must have personal income of at least 30,000 Baht, and in the case of married expatriate, he must have personal income of at least 45,000 Baht per month.


- If an expatriate used to have the permit, he must present proof of personal income tax payment of equivalent or more than 18,000 Baht along with a receipt from the Revenue Department.

Moreover, the Authorized Officers, on reasonable grounds, may consider work permit approval, renewal, and modification of employment descriptions and positions or locations of workplace regardless of restrictions on the number of expatriates stated above, if the work falls under the followings:

1. Representative office conducting quality control, procurement, or marketing research.

Supported Document:

- The Business Operation License according to the Foreign Business
Operations Act B.E. 2542 (2002).

2. The work in investment consulting, administrative consulting, technical and technology, or periodical internal audit.

Supported Document:

- Consulting contract with both parties' official seals.

3. Tourism representatives who bring in foreigners to travel in Thailand.

Supported Document:

- Tourist agent permit issued by Thai Tourism Authority.

4. International financial institutions approved by the Bank of Thailand.

5. Temporary business of entertainment, religious, social welfare, cultural or sporting without intention to make profit and paying income tax to the government.

6. Working as a contractor on projects with the governmental bodies or state enterprises.

Supported Document:

- A supporting letter stating the number of expatriates, expatriate's names and positions.

7. Work using mostly local raw material as an essential component in the production process or work that can reduce the use of imported raw material.

8. Work supporting export of Thai products.

9. Work, which brings new technology, which Thai people are not capable of, in order to distribute and transfer to Thai people.

10. Work in the area where there is a shortage of Thai labour.

11. Having a residency in the Kingdom.

Supported Document:

- A resident permit or certificate of foreigners.

12. Being a married couple with Thai citizen, with legally married registration, publicly cohabiting as husband and wife, and with a legal profession, which is socially respectable.


NHJ
  2008-08-29 12:08:29
Post #4: http://www.thaivisa.com/forum/Work-Permit-t209127.html&view=findpost&p=2175933#entry2175933
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i can't reply for this but this is interesting, i never heard about this.
thatguy
  2008-08-29 12:26:03
Post #5: http://www.thaivisa.com/forum/Work-Permit-t209127.html&view=findpost&p=2175990#entry2175990
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Yes, it has me wondering.

Sunbelt hasn't chimed in, maybe the question is open.
digitalchromakey
  2008-08-29 22:02:22
Post #6: http://www.thaivisa.com/forum/Work-Permit-t209127.html&view=findpost&p=2177757#entry2177757
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The section 12 statement related to supporting documentation required re the rules about capital; back then if you were married, you could apply for a work permit, based on 1 million paid up capital rather than 2.
CosmicSurfer
  2008-08-29 22:32:53
Post #7: http://www.thaivisa.com/forum/Work-Permit-t209127.html&view=findpost&p=2177850#entry2177850
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Number 8 sounds interesting to me:

QUOTE
8. Work supporting export of Thai products.


So how do I make this happen now? There are no supporting documents or Financial requirements listed.

Very Interesting... I need to find out more.
CS
monkfish
  2008-08-29 22:48:16
Post #8: http://www.thaivisa.com/forum/Work-Permit-t209127.html&view=findpost&p=2177876#entry2177876
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I guess if you meet any of the above conditions you can get a WP.
But having a Thai spouse is not listed (IMG:style_emoticons/default/sad.gif)
digitalchromakey
  2008-08-29 23:34:31
Post #9: http://www.thaivisa.com/forum/Work-Permit-t209127.html&view=findpost&p=2177962#entry2177962
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The document quoted was produced in 2002, and is a little out of date.

This post has been edited by digitalchromakey: 2008-08-29 23:35:07
thatguy
  2008-08-29 23:47:40
Post #10: http://www.thaivisa.com/forum/Work-Permit-t209127.html&view=findpost&p=2177981#entry2177981
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2002 seems to be the last revision. the date of the reference is 2006.

# 12 is oddly worded, but is quite specific: "Being a married couple with Thai citizen"
digitalchromakey
  2008-08-30 00:07:41
Post #11: http://www.thaivisa.com/forum/Work-Permit-t209127.html&view=findpost&p=2178014#entry2178014
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QUOTE (thatguy @ 2008-08-29 23:47:40) *
2002 seems to be the last revision. the date of the reference is 2006.

# 12 is oddly worded, but is quite specific: "Being a married couple with Thai citizen"
Here in Thailand, where interpretations of the regulations change on a monotonously regular basis, what is it that leads you to give any weight to a document that was originally produced in 2002?

Where did you find this pdf file?

The Thai person who wrote in rather bad English what you have quoted, probably intended to say:

"12. Being legally married to a Thai citizen and co-habiting in a demonstrably genuine relationship, the applicant also having a genuine, socially acceptable, profession."

A lot of Thai goverment websites are often hopelessly out of date, particularly the English language sections.
thatguy
  2008-08-30 00:17:33
Post #12: http://www.thaivisa.com/forum/Work-Permit-t209127.html&view=findpost&p=2178035#entry2178035
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search: thai work permit rules

was the source, of course the search was through the thaivisa site.
digitalchromakey
  2008-08-30 00:47:22
Post #13: http://www.thaivisa.com/forum/Work-Permit-t209127.html&view=findpost&p=2178085#entry2178085
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QUOTE (thatguy @ 2008-08-30 00:17:33) *
search: thai work permit rules

was the source, of course the search was through the thaivisa site.
Ah, now I understand why you posted.

The fact remains, however, that the article refered was originally published in the Bangkok Post in Aug 2002. So the word 'new' is no longer really applicable and the regulations refered to in the article have been, to my knowledge, superceded at least a couple of times since then.
thatguy
  2008-08-30 01:20:39
Post #14: http://www.thaivisa.com/forum/Work-Permit-t209127.html&view=findpost&p=2178121#entry2178121
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thanks,

I wonder where you can find something current. the Thai MFA only lists B visas
digitalchromakey
  2008-08-30 08:01:46
Post #15: http://www.thaivisa.com/forum/Work-Permit-t209127.html&view=findpost&p=2178427#entry2178427
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QUOTE (thatguy @ 2008-08-30 01:20:39) *
thanks,

I wonder where you can find something current. the Thai MFA only lists B visas
Download available from the Thai Ministry of Labour website Work Permit criteria and application forms The first page is written in Thai, but the rest is in English/Thai

This is download from the Thai side of the site, the english stuff either doesn't work or is just general. http://www.doe.go.th/workpermit/index.html First Click on [Thai] then click on DOWNLOAD (at the top of the page), you will see links to download all the forms and criteria (all in thai). Note that the [English] navigation/buttonlink doesn't work.
thatguy
  2008-08-30 08:59:02
Post #16: http://www.thaivisa.com/forum/Work-Permit-t209127.html&view=findpost&p=2178504#entry2178504
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thanks Dig

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