What Should I Do if My Work Permit Application is Delayed in Koh Samui?

Jan 4, 2020
5 years ago
Fiona **********
ORIGINAL POSTER
Hi,

I am currently awaiting on the Labour Office (in Koh Samui) to approve my business papers so I can get my WP3 form and eventually my work permit.

There is now a delay effecting multiple companies where employees of the Labour Office wish to come and visit our office.

They don't know when they can even give a date to come and visit and we don't know exactly what they are looking for / want to see.

This paperwork saga has been going on since beginning of October with not much progress.

Has anyone else had issues in the last few months regarding work permit paperwork?

Thank you
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TLDR : Answer Summary
The user is experiencing delays with their work permit application in Koh Samui due to the Labour Office's visitations to offices for inspections, causing uncertainty in the approval process. Several commenters provide insights on typical requirements and challenges related to work permits, including the necessity for Thai staff and the potential new regulations impacting the processing time. They advise consulting a lawyer for clarity and suggest reaching out to expat communities for additional support.
Tod *********
and this seems way more like a "we have to wait for the Ministry of Labour" rather than a visa question.

Post on a f/b page related to where you live in thailand and ask there. I'm sure you're not the only foreigner in this situation.
Markus **********
To covert a tourist visa into non b you don't need staff (last time I checked). I didn't convert mine, I did get a non b visa outside Thailand and where invited of the company (which is mine) to work for the (my) company. This is how 99% does it. They changing rules all the time but this talk about come to visit your office is like 10 steps away.

First of all you need to clear the status of the company. Ask for the dbd documents and then you will see if you are a shareholder and director. Second you need to ask your lawyer what they are trying to do. Convert your tourist visa or try to to send you outside Thailand and get a non b visa.

About Samui, you don't need staff to get a work permit, the latest rule (2 month old) is that you need to register at least 1 staff for social security when renewing (renewing you do 1 year after your first wp) your workpermit.

And when you submit for social security they will probably now visit your office (1 year ago they didn't do that).

I think you need to sort the facts out and also ask some questions to your lawyer. Can they not answer them maybe it's time to go to someone else.
Reiner *********
Well...normally to register a new company 2 million or if you need two WP then 4 needs 2 weeks....now the Christmas / new year ....a bit longer....if it's not registered you even can not think about step 2 , means for each foreigner work permit you need 4 thai employees , registered and payed the social security for the 8 Thais.....normally can be done as well in two weeks....and then you get a receipt fir paying and asking at the labor office for 2 work permits .....can be 4 weeks ....depending where you are.....a professional layer should tell you this.....if you want yo get the WP you have yo be outside the country in the moment as the lawyer ask for the recipe ...( new regulation effective since September ) on,y with the picture of your stamp out if thailand they can ask for the WP 3.... .....and then they will proceed the work....you can come back the next day with a 30 days stamp.....but CAN NOT WORK....till the labor office have approved it.....

Now it's " high season as well" means a lot of foreigners ask for this.....so depending on the offices .....can be much more time.....
Ron *******
Sounds amazing to be visiting you in an office where you shouldn't be working ๐Ÿค”
Reiner *********
@Ron ******
well this is normal, because now, because of yo much fraud.....pictures of the staff and you needs to be given as well.....
Robert *******
i heard and seen visits of the Ministry of Labor in the past. They are looking that all the staff is available for work, if needed all dressed in company uniforms, all staff have a work place and know what and how to perform their duty. They might ask to check that payment are done to Social Security and Tax Office for the Thai staff needed for your Work Permit. As you do not have the permit and you applied as being abroad, you should not be in the neighborhood. But I never seen that it take over 3 months and still no end in sight.
Benjamin ******
It almost seems like this is a problem with getting the business register legally, and not a work permit issue per se. If there is no business license,then you aren't working for a business (legally). What's your visa status?
Robert *******
not sure what kind of company you like to make, but with only 2 work permits you're talking about at least 4 million Thb bank guarantee and minimum 8 Thai staff working for you.
Robert *******
It can take a few months to organize all, specially if you need multiple Work Permits. But your lawyer is the one who can tell you why it took this long.
Robert *******
you have a company, but awaiting these papers to be approved.

In my translation it means you do NOT have a company. It only is a company as the documents are approved. After the company is approved and official your Thai Business partners can apply for a Work Permit.
Robert *******
okay, do you have a company? If there is no company, the company can not apply for a Work Permit.
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