Living in Thailand with a foreign job
#16
Re: Living in Thailand with a foreign job
Hello Wolf, It seems you know quite a bit about the immigration issues, so now I will ask you one more thing.
I am working for an Austalian MNC that has recently sold the Thai branch of its business to a local Thai company. I am now on my second yearly extension of Non-IMM B visa due to expire in OCT 13. I also have a WP that has also been extended once and that will end around JUL 13.
I presume that my new employer has to do some paperwork to change the name of the employer in my WP and my visa. Until they get around to doing this, am I breaking the law in any way??
I am working for an Austalian MNC that has recently sold the Thai branch of its business to a local Thai company. I am now on my second yearly extension of Non-IMM B visa due to expire in OCT 13. I also have a WP that has also been extended once and that will end around JUL 13.
I presume that my new employer has to do some paperwork to change the name of the employer in my WP and my visa. Until they get around to doing this, am I breaking the law in any way??
However, as far as the non-imm extension goes, if you are stopped by police/immigration then the stamp will cover you. As long as you do not work until the WP is taken then you are not illegal - you still have a Visa (extension). It should noit be difficult for your new employer to get a new WP for you as you already have a Non Im Visa and the role is already provided by a foreign worker (you) and has previously been approved thus (your current WP).
Many people continue to work while the WP is in the process of being applied for (teachers especially) - technically this is illegal, but will probably be understood by immigration in this case.
Sorry there are a lot of probablys, this is because immigration law (like most law in Thailand) is somewhat vaguely defined to allow for judical leeway (case by case) - immigration do usually follow it logically, and are concerned chiefly with people working on tourist waivers/visas with no intention of paying taxes or applying for a WP (and/or doing jobs that are not approved for foreigners), people like you that have been legal and are trying to ensure you stay legal while a change goes through that requires paperwork changes are usually ignored (and rightly so) - but that is not saying that some officious arse will not go after you anyway (unlikely though).
I think your best port of call is to find out if the employer name is changing - this would necesitate a new WP. You may be lucky here and they may just consume the company and trading name (especially if it is a Thai Trading arm - and thus independant brand-wise). Next would be to talk to your new employer and ensure they are chasing the new WP. There may also be a transition period whereby they trade under both names, whereby you would be safe and have an umbrella while they change you over as it where.
Good luck
Last edited by wolf5370; Dec 22nd 2012 at 9:44 am.
#17
Re: Living in Thailand with a foreign job
Officially the work permit is specific to an employer for a specific role. So, I guess if the company that bought your employer still maintains the trading name that is on your WP, then you are probably covered. If not, then you are not.
However, as far as the non-imm extension goes, if you are stopped by police/immigration then the stamp will cover you. As long as you do not work until the WP is taken then you are not illegal - you still have a Visa (extension). It should noit be difficult for your new employer to get a new WP for you as you already have a Non Im Visa and the role is already provided by a foreign worker (you) and has previously been approved thus (your current WP).
Many people continue to work while the WP is in the process of being applied for (teachers especially) - technically this is illegal, but will probably be understood by immigration in this case.
Sorry there are a lot of probablys, this is because immigration law (like most law in Thailand) is somewhat vaguely defined to allow for judical leeway (case by case) - immigration do usually follow it logically, and are concerned chiefly with people working on tourist waivers/visas with no intention of paying taxes or applying for a WP (and/or doing jobs that are not approved for foreigners), people like you that have been legal and are trying to ensure you stay legal while a change goes through that requires paperwork changes are usually ignored (and rightly so) - but that is not saying that some officious arse will not go after you anyway (unlikely though).
I think your best port of call is to find out if the employer name is changing - this would necesitate a new WP. You may be lucky here and they may just consume the company and trading name (especially if it is a Thai Trading arm - and thus independant brand-wise). Next would be to talk to your new employer and ensure they are chasing the new WP. There may also be a transition period whereby they trade under both names, whereby you would be safe and have an umbrella while they change you over as it where.
Good luck
However, as far as the non-imm extension goes, if you are stopped by police/immigration then the stamp will cover you. As long as you do not work until the WP is taken then you are not illegal - you still have a Visa (extension). It should noit be difficult for your new employer to get a new WP for you as you already have a Non Im Visa and the role is already provided by a foreign worker (you) and has previously been approved thus (your current WP).
Many people continue to work while the WP is in the process of being applied for (teachers especially) - technically this is illegal, but will probably be understood by immigration in this case.
Sorry there are a lot of probablys, this is because immigration law (like most law in Thailand) is somewhat vaguely defined to allow for judical leeway (case by case) - immigration do usually follow it logically, and are concerned chiefly with people working on tourist waivers/visas with no intention of paying taxes or applying for a WP (and/or doing jobs that are not approved for foreigners), people like you that have been legal and are trying to ensure you stay legal while a change goes through that requires paperwork changes are usually ignored (and rightly so) - but that is not saying that some officious arse will not go after you anyway (unlikely though).
I think your best port of call is to find out if the employer name is changing - this would necesitate a new WP. You may be lucky here and they may just consume the company and trading name (especially if it is a Thai Trading arm - and thus independant brand-wise). Next would be to talk to your new employer and ensure they are chasing the new WP. There may also be a transition period whereby they trade under both names, whereby you would be safe and have an umbrella while they change you over as it where.
Good luck
non-imm O visa which i applied for at the thai embassy in
Lion City. I now have till 28 MAR. I took my thai wife and baby son with me and we had a nice time in Singapore.
Now I am getting ready to go back to the Gulf to my older companies. Enough of this tax paying nonsense!! I will miss Thailand, but the Gulf is not bad either..(UAE or Qatar)
Last edited by Debowing; Jan 2nd 2013 at 6:16 am.
#18
Re: Living in Thailand with a foreign job
Sorry to hear that. Ah well.... new beginnings for the new year eh?