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Answered6 years ago

What Is Required as Proof for Employing an Alien for a Non-Imm B Visa?

Tammi ********
asked Jul 14, 2020
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On the list of documents to be submitted for a non imm b visa no.12 is "Proof of the need of the business to employ the alien e.g. no Thai candidate has applied after advertising such a position".

I own the Company and am Managing Director. It's not that a Thai couldn't do it but a Thai who was competent enough simply wouldn't do it for the money I'm paid! Plus the position was never advertised, obviously!

I can't even remember what I've done for this item for the past 2 years. What constitutes "proof"?

Any other business owners have this issue?
Answer summary
The discussion revolves around the requirements for submitting documents for a Non-Imm B visa, specifically regarding the proof required to employ a foreign national when no suitable Thai candidate has been found. Business owners in the thread share various opinions and experiences on how to approach this proof, ranging from simply stating in a letter that the owner is employing themselves, to noting that as a Managing Director, certain proofs may be unnecessary.
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Tod *********
Tod *********
Unfortunately there is not much more that can be added to this thread :(

you need to find out the documentation required for the yearly extension and see if who ever is the bookkeeper or accountant of the company can come up with that pile of paperwork in time for you to be able to apply for the extension before amnesty runs out

Good Luck with it. (y)
Tod *********
Tod *********
Did you already go out to the immigration office and get the hand out that lists the requirements for you to apply for a yearly extension of stay?

The requirements to get a year extension at the immigration office are FAR more stringent than the documents you need at a thai consulate in another country to buy a Non-B visa.
Tammi ********
Tammi ********
OP
Awesome use of behoove! Yes ok understood, thank you
Tammi ********
Tammi ********
OP
My manager called them and was emailed this list. I am aware the list I was given last year at CW was extensive, which is why I didn't end up doing it here but flew to Myanmar instead 😂 but I assumed this list she had been emailed was an updated list for extending here now
Tod *********
Tod *********
@Tammi *******
It is an extensive and thick pile of paperwork, and you need every single thing on that list to make it work. Which is why it would behoove you to GO out there and see if you can get the new list (which might or might NOT be the old list) so that you can try to get this done BEFORE your amnesty expires because once that happens you're done and can't get your extension anymore.
Tod *********
Tod *********
@Tammi *******
just so YOU are clear, you're NOT applying for a new visa at Chaengwattana. Because in order to do that you need to be on a valid entry stamp from a 30 day visa exempt entry or a 60 day tourist visa entry OR a 30 day extension from one of those.

IF you are indeed on a 90 day Non-B entry stamp that expired and you went on amnesty you are applying for a yearly EXTENSION OF STAY and that has nothing to do with a visa at all.
Tammi ********
Tammi ********
OP
Yes my Non-Imm B visa expired on the 8th July. So a yearly Extension Of Stay means I don't need a new Non-Imm B visa?
Tod *********
Tod *********
@Tammi *******
Your 90 day entry stamp couldn't have expired on the 8th of July :( because the country closed on the 26th of march so you would have to have entered BEFORE that date meaning your entry stamp would have ran out in June some time.

Don't confuse your VISA <- which lets you ask to get in to thailand with the Entry Stamp you when you enter with that visa. It's the blue rectangular entry stamp that lets you stay here NOT the visa

When did your last entry stamp to thailand expire?
Tod *********
Tod *********
@Tammi *******
, you would never do a 90 day report on a Non-B multiple entry visa because you can't stay in the country long enough to be obligated to file one that's why it was returned.

If your last entry to the country was 29 of dec you should have been stamped in for 90 days <- which would be Mar 27. then you went on amnesty when they announced it april 7th until the 30th of april and then you went on amnesty until july 31st when they announced it on April 21.

SO you have until the 31st of July to get the documents and get in to apply for a yearly extension of stay (that is the ONLY extension available to you there is nothing shorter, it's either a year or you get nothing).

Time is NOT on your side, because the last week of amnesty has holidays on the Monday the 27 and Tuesday the 28. SO you need to get your ducks in a row and quacking in time if you're going to pull this off.
Tammi ********
Tammi ********
OP
@Tod ********
My last entry in was 29th Dec 19. I did 90 day reporting by post 10 days before I was supposed to leave the country, just as we were going into phases of lockdown. It was returned to me by post 12 days later with a note attached saying it was unnecessary. No idea what that was about, but by then they had announced an amnesty so I kept it as proof I had tried!
Tod *********
Tod *********
@Tammi *******
right, inside the country you apply for yearly extensions of stays NOT visas.

did you go to the immigration office and get the hand out for a yearly extension of stay based on employment? That is what you need. AND you need to do it BEFORE the amnesty runs out_
พี่ *****
พี่ *****
I include a picture of my beard as proof. Always seems to work.

But in all seriousness, they have never pressed on proof before, I don't think it's an issue.
Tammi ********
Tammi ********
OP
Any idea what "Other supporting documents required by the competent authority (sor.tor.mor.2)" are?
พี่ *****
พี่ *****
@Ta***
I do not... Sorry.
Tammi ********
Tammi ********
OP
Also, no 14. states "Other supporting documents required by the competent authority (sor.tor.mor.2)" - what the hell are these?
Cherry ****************
Cherry ****************
@Tammi *******
The form like this, can be downloaded from Immigration website or just grab it at the Immigration office. This one was for 2019, not sure if they have a new one.
Quah *************
Quah *************
It's not needed, they won't ask you for it because you are the MD.
Shane *****
Shane *****
Write a letter with your company letterhead stating to employ yourself( Mr Tammi) whose job scopes are .....

After which you can sign off as managing director of the company along with the company stamp.
Tammi ********
Tammi ********
OP
Ok thanks. I don't have a company stamp. I was told by the law firm who set up my company that it was not mandatory and I've managed without it so far (3 years) but I've never applied for a new visa in country at Chaeng Wattana before so I don't know if they will require it
Shane *****
Shane *****
@Tammi *******
I got no idea on this, you will have to speak to your law firm. From my own experience, there are many instances whereby you need company stamps, eg: applying for company bank accounts, registering VAT, SSO and of course certifying documents for submission to authorities.
Chris ********
Chris ********
@Tammi *******
my company stamp was just something done by a shop on the ground floor of MBK. Had it for 12 years and accepted every time
Tammi ********
Tammi ********
OP
@Shane ****
Great advice, thanks
Shane *****
Shane *****
@Tammi *******
That's great, if you are going the CW, there might be a chance that 1 of the printing shops in the basement that might be able to do the chop.

Meanwhile, you may start to design and save a copy of your stamp in vector format
Tammi ********
Tammi ********
OP
@Shane ****
I managed to do all those things without one so far. Plus it's too late to get one made if I want to go apply tomorrow. So I will try without it and then if they require one I will have to go get one made!
Nima **********
Nima **********
i agree with Shane. Get yourself a stamp.
Nima **********
Nima **********
I don’t think it applies to owners.
Robert *******
Robert *******
Just fill in the documents without judgement s.

if you never advertised you did never advertise, salaries is not asked in this document so do not talk about it, Keep It Simple.

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