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Vol. XV No. 23
Friday June 8 - June 14, 2007

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Updated every Friday
by Saichon Paewsoongnern

 

BUSINESS 
HEADLINES [click on headline to view story]: 

Scandinavian market opens up for Ocean’s Edge luxury condominium

New immigration regulations come into force for businesses employing foreign workers


Scandinavian market opens up for Ocean’s Edge luxury condominium

Ocean’s Edge Company Limited is proud to announce an agreement with ThaiEstate Scandinavia ApS for the marketing and sales of Ocean’s Edge luxury beachfront condominiums in the Scandinavian countries.

ThaiEstate representatives (from left) Marianne, Peter and Lars visit the Ocean’s Edge show apartment.

Based in Denmark, ThaiEstate has a strong team of dedicated professionals, led by Mr. Lars Lang, operations director, Mr. Peter Skrøeder Jakobsen, an experienced lawyer and Ms. Marianne Holm, a licensed real estate broker. This unique setup guarantees that clients will be carried through the process of buying Thailand real estate with confidence and security.
Through collaboration with companies such as PriceWaterhouseCoopers, Europæiske Rejseforsikring A/S, The Danish bank Ringkøbing Bank AS, Profil Rejser, Thai Airways, Thailand Longstay Company, PIRO Consulting and the Danish real estate company Citymæglerne, ThaiEstate can offer services which have never been seen on the Danish market before.


New immigration regulations come into force for businesses employing foreign workers

Martin Kyle
(Executive Director AustCham Thailand)

There has been an important change to the supporting documents required to extend Non-Immigrant Visas Category ‘B’.
With effect from Friday, 4 May 07, Thai Immigration requires all applications for the extension of a non-immigrant visas category ‘B’ (the visa which supports the retention of a Thai work permit) to be supported by the following documentation:
1/ A photocopy of the employing company’s Affidavit and Shareholders’ List certified as a true copy of the original by the Ministry of Commerce.
2/ A photocopy of the employing company’s most recent Annual Financial Statements certified as a true copy of the original by the auditor who audited it.
3/ A photocopy of the employing company’s most recent Personal Income Tax Return (PND1) with the Revenue Department’s receipt plus a photocopy of the applicant’s most recent Annual Personal Income Tax Return (PND91) (if they have one) certified as a true copy of the original by the Revenue Department.
4/ A photocopy of the employing company’s most recent Social Security Fund monthly return certified as a true copy of the original by the Social Security Fund Office.
Photographic evidence is now required to support the Initial Application to extend a Non-Immigrant Visa Category ‘B’.
With effect from Wednesday, 16 May 07, Thai Immigration requires the first application to extend a non-immigrant visa category ‘B’ to be supported by photographs of every employee in the employing company and each photograph is to be taken showing the employee at their place of work (e.g. sitting at their desk or working at their piece of machinery or sitting behind the steering wheel of the company vehicle, etc.).
Sources have told us that if a company has many Thai employees then the application should be supported by photographs of several of the employees as long as the number exceeds the minimum requirement of four Thai employees to match each foreign employee. However, the reason the photographs are required is to enable an Immigration inspection team to match the photographs against the actual employees and their workplace if they pay a surprise visit.
The Immigration Bureau has warned that it is now a policy of theirs to conduct surprise visits to newly registered companies that employ expatriates who require work permits.
The aim of the inspections by the Thai Immigration Department would appear to be to determine whether the information supplied by companies employing expatriates is correct insofar as:
a) Capitalisation; b) Business activity and nature; c) Location of business; d) Number of Thais employed as a ratio to expatriates; and e) Existence of Thai employees.
We have been informed that all new companies registered that employ expatriates may be subject to a visit by the Immigration Department. To avoid breaching the legislation with respect to work permits and visas, companies are advised to adhere as a minimum to the following:
a) Fully paid up registered share capital. Baht 2 million per work permit for non-BOI companies; b) Employ FOUR (4) Thais to every expatriate and those Thais must be current employees of the company, be paid a salary and have written contracts to support their employment for non-BOI companies; c) Business operated by the company should comply to the objects in the Articles of Association; and, d) The place of business should have the appearance of a proper place of business even if it is operated from an expatriate’s place of residence.
The Immigration Bureau has also issued a warning to applicants, employing companies and appointed representatives of applicants for extension of non-immigrant visas.
If it is found that the information provided in supporting documentary evidence is not correct then the applicant’s visa will be cancelled and they will have to leave Thailand. As well, the principals of the employing company and the agency handling the application (if one is used) will be reported to the police for further action.
We recommend that if you have any questions with regard to these new regulations that you consult a professional company specialising in immigration procedures.
We would like to thank Barry Petersen of Lang Suan House Co., Ltd. (tel. 02 652 2757) for contributing the above information on the new regulations.



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