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Answered8 years ago

How can I ensure my employer is correctly arranging my visa and work permit in Thailand?

Leroy ********
asked Sep 26, 2018
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Hi all, I found a job in phuket were the owner is saying he will arrange me a visa and work permit. Now I want your advice how to check and control that he is doing everything good and if there are any things I really have to look after for. I trust the owner, but a second opinion can't do bad.

I'm from Holland and 28 years old, at the moment I'm staying here on my second tourist visa (30days) this year.

Thanks!
Answer summary
The user found a job in Phuket where the employer claims to handle visa and work permit arrangements. They seek advice on ensuring everything is done correctly. Responses stress the importance of not starting work before obtaining a visa and work permit, as it is illegal and could lead to serious consequences. It may take 2 to 4 months for processing depending on the employer's efficiency, and advice is given on how to potentially expedite the process without breaking legal requirements.
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Jeffrey *********
Jeffrey *********
Don't worry, you won't get in trouble. He will if things go south.
Tod *********
Tod *********
@Jeffrey ********
being thai-american and speaking "fluent thai" (what ever that means) doesn't appear to actually help you in understanding how the labor laws are written in regards to foreigners working illegally here.

Plain and simple as a foreigner here it is against the law to work without the correct visa type AND without a work permit. There is NO grey area, there is no "you'll be okay", it's against the law. To say anything else is stretching the truth..
Robert *******
Robert *******
This small part of his text: "I'm Thai" makes the big difference between him and foreigners.
Phil *******
Phil *******
@Jeffrey ********
it's not because 80 or 90% do it and are not caught that it is legal. I've done it but I regretted when i learned of the risk.

This group cannot condone illegal practice and say it's no problem. Because if he get caught, it cost a lot and end up in jail and deportation.
Robert *******
Robert *******
I suggest you ask some authorities, Working Illegal in Thailand as foreigner will face a fine up to 100.000 Thb, jail till court session and if on a visa not allowed to work handed over to Immigration. Put in the Immigration Detention Center till he can pay a one way ticket to his home country, possible black listed to re-enter Thailand. a Tourist Visa has the text: Employment Prohibited that means: ไม่อนุญาตให้ทำงาน or in English: You can not work with this Visa. And yes, Thai's do like that with illegal employees.
Jeffrey *********
Jeffrey *********
Well as long as your tourist visa is good you won't get in trouble. The company will get fined. Unless you have an illegal business. And no one should work without proper visa, what I'm saying is if his boss didn't do the right thing. I'm not saying work illegally. Just saying what I know. I live here and this was explained to me. I'm Thai and American, and I speak fluent Thai. You'll just be out of a job. And most likely they'll just fine the boss and not say anything. Thai's can be like that.
Robert *******
Robert *******
So there will be no trouble if you get caught working illegal in Thailand, no jail, no fines, no deportation? This means every body can just work without the Work Permit and Non Immigrant B visa because you won't get in trouble?
Phil *******
Phil *******
Legally you are not allowed to start working before you have your visa and WP. And the process can take 2 to 4 months depending how your boss pushes for it and documents are ready or not. Often bosses want to see if you are performing before starting the steps. Catch 22!
Phil *******
Phil *******
@Leroy *******
Just FYI, if you plan to bring your family, I brought mine on July 3 on VE. They had to go abroad on August 3 to get a TV. We applied for their NonO on August 8. They got it on 31 October...
Leroy ********
Leroy ********
OP
@Phil ******
thanks for sharing your experience. Now I know a scenario that could happend👍
Phil *******
Phil *******
@Leroy *******
My company was not able to do my latest NonB in one morning....Sadly!

I had to go through the common "Nonsens" of waiting 2 months. I was hired on May 1st 2016. I was called to go with our admin manager to immigration on May 18. I was given the 3 months Non B on July 6 and the WP on July 8.

And I was pushing a lot to go faster all the time because I wanted to bring my family asap.
Leroy ********
Leroy ********
OP
Thanks for your input guys. The owner told me it would take like 2 months, so now I know that is in line what
@Phil ******
has just told
Phil *******
Phil *******
@Robert ******
it is my experience that employers never make it in less than 2 months. Extension go much faster than first application.

Companies rarely have all documents ready especially regarding tax. As I said they also drag their feet until they are sure the new employee is suitable
Robert *******
Robert *******
I used to do the Extension of Stay and Extension for WP in one morning. Nonsens that it take 2 to 4 months to make a few photocopies.
Robert *******
Robert *******
It take less than a day for a good company to file the documents needed for Work Permit, depending on the company they will ask you to go abroad for a Non Immigrant B visa or if you are inside Thailand on a Visa Exempt Entry or Tourist Visa and you have enough (21 days) left on your stay they can apply at local Immigration Office. Another half day work for them.
Sean *************
Sean *************
@Robert ******
, if they’ve changed, and are now converting, then lightning has struck, indeed. That would be a good sign. I did a decade of visas and extensions in Phuket over the years. They were always zero tolerance. Word was that immigration officials owned the visa running vans to Penang.

I would certainly be happy to hear first hand reports of successful conversions to Non-Bs in Phuket. Please (anybody) prove me wrong!
Robert *******
Robert *******
Expect to work illegal, sorry I will not do, simple answer. There are several reports on this page that companies can apply for the Non Immigrant B visa at Immigration in Phuket, but you are correct, the requirements are more and Immigration is strict.
Sean *************
Sean *************
They will likely expect him to work while it’s being done, too!
Sean *************
Sean *************
Not in Phuket. No transferring from tourist visa or 30 day stamp.

In Phuket you have to arrive on a Non Immigrant visa or go out and get one.

Because they’re so strict, the process is faster. I had mine done within the first 2 months of working (2 year work permit and annual extension). The biggest wait is for the Temporary teaching license, for teachers.
Masis *******
Masis *******
u look like thai, nobody will notice u dont worry 😀
Leroy ********
Leroy ********
OP
@Masis ******
I did not took it serious, no worries. Just want to let you know there is a part of truth that I look like a Thai. Still I know a Thai can easily recognize that I am not a Thai 😜
Masis *******
Masis *******
@Leroy *******
my first comment was a joke. ofc u need work permit but they will not call u as farang and u can benefit at prices.. 😊
Leroy ********
Leroy ********
OP
@Masis ******
I'm starting to get the local prices instead of tourist. Not everywhere unfortunately... 😏
Robert *******
Robert *******
do you volunteer to pay the fine, sit in jail and get deported if your advice is not working out?
Squid ****
Squid ****
Other people can help you more with this question, but I will throw some advise your way. Many jobs, especially English teachers will ask you to work while waiting for the visa paperwork. This is illegal and if caught, you have to deal with Thai courts and yes, jail until you get bail.
Leroy ********
Leroy ********
OP
@Adam *******
thnx for call on that. Now the question I have is how long it normally will take for the visa paperwork to be done, and if there is anything I can do to speed up that process?
Squid ****
Squid ****
So don't work until legit is my point.

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