Crackdown on Business Visa Issuance

Pattaya Immigration Office on Jomtien Beach Road Soi 5

The new guidelines of consideration for continuous and active business status needed to get or renew a business visa, Non-Immigrant B, are now in effect. Police Major Anonnat foreigners to be aware of the new regulations so they can find ways to legally qualify to work in Thailand. He offers the new regulations for consideration along with some changes that were made in late December.

According to the document, the Royal Thai Police Headquarters Order number 777/2551 is dated November 25, 2008, and the changes that affect foreigners with Business visas are referred to clause 2.1(4).  When visa applications are submitted to the Immigration Police there are “yes” or “no” questions on the computer screen in Thai for the officer to enter taken from the information from the application.  All the answers must be “yes.” and The questions are:

1. Has the business been engaged in the same business according to those listed in the objectives of the company limited? [Generally, many Thai companies have 22 set objectives covering a wide array of business activities. If the particular activity is not listed an additional #23 will be added by the person registering the company in Chonburi at the Department of Business Development (DBD)].

2. Has the business registration been updated in Chonburi at the Department of Business Development (DBD) and certified by the registrar within the last six months?

3. Has the most recent annual financial statement been certified by an authorized auditor or a tax auditor and verified? The auditor comments should be without condition or if any, the condition should not mention that the business is inactive.

4. Does the auditor’s report reflect the changes of assets in cash or deposits from a financial institution, depreciation of assets under building and equipment? It must include a balance sheet and financial statements attached, with notes and changes of debts in trading accounts payable, other current liabilities as shown in financial statements and a Profit and Loss sheet attached with notes?

5. Has the VAT been paid monthly; has the Value-added Tax submission been paid by the company on a monthly basis? (Every business with income from sales or services exceeding 1,800,000 baht per year or revenue department designated to register for VAT must pay the VAT in a timely manner.)

6. Has the Specific Business Tax been submitted on a monthly basis?

7. Has the Personal Income Tax been submitted on a monthly basis for the applicant?

8. Has the employee’s salary with holding Tax application been fled?

9.  Has the Social Security submission for the visa applicant and at least four Thai staff been made and paid on a monthly basis?

10. Is the visa applicant being paid the appropriate amount of wage per month, i.e. 50,000 baht per month for Europeans, Australian, Americans, Canadians and Japanese?

11. Is the foreigner doing a job a Thai can not do?

Police Major Anonnat really wants to make sure there is no corruption and is willing to help any foreigner to stay in Thailand as long as he acts in accordance with immigration regulations.