Answered8 years ago

Can two foreigners obtain 1-year multiple entry Non-Immigrant B visas for working in a Thai Limited Company?

Non-Immigrant B Visa Multiple Entry Visa Thai Limited Company Visa Requirements Foreign Directors Visa Regulations Changes

Isabelle **********

asked Jan 15, 2019

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Is it currently possible to obtain 2 x multiple entry 12 month non-immigrant B VISAS for 2 foreigners working for a Limited Company with a capital of THB 4 million? 

I heard that the law recently changed and it is no longer possible for 2 foreigners to be given director status within a Thai LTD company (which is apparently a requirement for 12 month visa eligibility) but I am not sure whether I have understood this correctly. 

Thank you! 

Isabelle

Answer summary

Isabelle inquires about the current eligibility for two foreigners to obtain 1-year multiple entry Non-Immigrant B visas while working for a Limited Company in Thailand with a registered capital of 4 million THB. She mentions the recent legal changes regarding director status for foreigners in Thai companies and seeks clarification. Community comments provide various strategies around shareholding percentages, the possibility of obtaining visas through different company structures, and alternatives such as applying for Single Entry Non-Immigrant B visas followed by extensions.

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Joe ***********

During December 2018 in Penang a check was made of my Work Permit to make sure it said "Managing Director"

8 years ago

Areeb ********

It solely depends on how tricky your accountant is. It's too easy to change % of shares in a DBD registered company. Both of you can use just one company with 4MB capital and get a new set of DBD papers issued (two times) for each director stating 40% or more shares in a company. Avoid to waste money on translations ^^

8 years ago

Areeb ********

I shared because I noticed it as a common practice to avoid unnecessary expense for starting a new company, rent another place go for RD, SSO.

8 years ago

Robert *******

So you mean they can both apply with different names with different DBD lists, sounds not legit to me.

8 years ago

Ron *******

Penang for instance requires you to be at least a 40% share holder. In the case of 2 foreigners that would mean owning 80% of a Thai company. I don't see that working?

8 years ago

Isabelle **********

Oh that's good to know! No that wouldn't work as Thai regulations require companies to be 51% Thai owned. So you could only have 1 foreign shareholder at 40%

8 years ago

Robert *******

This is the latest discussion about the 1 year Multiple Entry Non Immigrant B visa. Why not just get the Single Entry Non Immigrant B visa, get 90 days of stay on entry in Thailand, after 60 days visit your local Immigration Office and apply for the 1 year Extension of Stay based on working inside Thailand. When you have this Extension of Stay apply for the Multiple Re-Entry permit and you can travel around, if you wish, without losing this period of stay.

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8 years ago

Robert *******

Isabelle Modigell My option is the way this whole visa process for working in Thailand is set up. Both of you apply for the Single Entry Non Immigrant B visa at a Thai Consulate and it does not matter how much shares or job title you have and both of you apply for the Extension of Stay at Immigration.

8 years ago

Isabelle **********

Thank you Robert Lagas this is very helpful as it was not an option I was yet aware of.

I suppose our situation is a little different to that of Mark as we do have the option to obtain director status and 20% shares as we intend to set up our own company.

So just trying to weigh up the cost, convenience and certainty that we can both get a 12 months permission to live and work in Thailand by looking at 3 options: 1) Setting up 1 company with 4M capital and both becoming directors with 24% shares each (if that is even possible, part of my question :-) ) 2) Setting up 2 companies with 2M capital each, director status and 49% shares 3) The option you propose - which I imagine would involve one of us being a director and applying for a 12M Non-B multiple entry visa and one of us holding employee status and applying for a 1 year extension of stay and multiple-entry permit.

(Just to say that I am also seeking legal advice about this and will of course be happy to feed discussions back to this group, however the 2 lawyers I spoke with so far gave conflicting advice so just doing a bit of background research myself :-) )

8 years ago