Readers' Submissions

How To Keep Your Foreign Nanny In Thailand Legally

  • Written by Anonymous
  • October 12th, 2006
  • 6 min read


Black Pagoda Patpong Bangkok

By Sunbelt Asia

We have had quite a number of calls and concern by foreign families that were worried about their foreign nanny needing to leave their family in Thailand, because of the visa enforcement. In all cases the nanny was doing a 30 day visa run. Many nannies were Filipinos who were hired because they speak English. We also have been called to help with the foreign housekeeper, cook or maid.

Understandably, many were quite emotional the strain it was causing on their kids and the nanny. When we have helped them, it has been like a heavy box of rocks coming off their shoulder. You can see the joy the nanny and they as an employer can now be legal. We would like to share the requirements and costs.

Requirement

The easiest criteria to meet, is someone must be paying 50,000 baht personal income tax per year. This 'someone" can be a foreigner with a work permit or a Thai national. This foreigner or Thai does not need to have a company. For every 50,000 tax paid per year, up to three people can be employed. Example: you paid 200,000 baht in tax last year you can employ three foreigners.

Proof of this income is the last three months of Phor Ngor Dor.1 (Personal Income tax form filed on a monthly basis) and Phor Ngor Dor.91 ( Filed on a yearly basis in March) If you do not have a Phor Ngor Dor.91 because you have not been working in Thailand, this is not a problem. However you must have the last three months of Phor Ngor Dor.1 (Personal Income tax form filed on a monthly basis)

We also need a copy of the work permit and passport, if it's a foreign employer.

From the nanny we just need her resume and copy of passport. Later after she gets the WP3, we'll need a doctor's certificate stating she is in good health (this can be arranged quickly in Thailand and generally costs less than 500 baht and usually does not required any actual exam) as well as three color, 4 by 5 centimeter photos.

Cost

The total cost to get your foreign nanny legal and able to live here, is quite low. The first year, it is only 3,283 baht per month. This cost includes the plane, hotel, visa bus, government fees and Sunbelt professional fees.

The second year, the cost is only 2,175 per month.

The Breakdown is this

1st year

Professional Fees WP3 submission 3,900 baht Work permit 6,500 baht Work permit revalidation (every 90 days @ 1,600 baht) 4,800 baht

15,200 baht

Work permit Government paid at the Labor Dept. 3,400 baht First 90 day visa ( paid at the Embassy) 1, 800 baht One year Multi entry ( paid at the Embassy) 5,000 baht 2 trips to Penang or KL ( Flight, Hotel, taxi) 12,000 baht

2 Visa Bus trips to the border 2,000 baht

39,400 baht or 3,283 baht per month

Second year

Work permit renewal 3,900 baht Work permit revalidation 4,800 baht Total Professional Fees 8,700 baht

Government fees for WP 3,400 baht One Year Multi Entry Visa 5,000 baht One Trip to Penang or KL 6,000 baht Visa Bus (three trips) 3,000 baht

26,100 baht or 2,175 baht per month

Penalty

Most people were not aware of the danger having a foreign nanny working for them without a work permit.

A person that permits a nanny to work without a required work permit can be punished with imprisonment up to three years and/or a fine up to 60,000 baht.

The penalty for the nanny working without a Thai work permit could also amount to imprisonment not exceeding three months and/or a fine up to 5,000 baht.

Privileges of a Thai Work Permit for the Nanny

. Purchase of vehicle. . Subscription to Mobile Phone network. . Opening of Current Bank Account . Application for Bank Debit Card. . Application for Visa to travel to another country. (Required by some embassies).

VISA

Some have wondered why the nanny has to leave the country every 90 days by a visa run, even with a work permit. The extension of stay based on business requires a company not a natural person to apply on behalf of the applicant. She is legally able to get a one year multi entry visa with the work permit. ( Outside the country)

Restricted Occupations

A number of foreigners were surprised that we could list "nanny" as the job title.

The Thai Royal Decree in 1973 listed 39 occupations and professions that were then prohibited to aliens. This list has been amended on several occasions by subsequent Royal Decrees, the latest one in 1979.

• Labor
• Work in agriculture, animal breeding, forestry, fishery or general farm supervision
• Masonry, carpentry, or other construction work
• Wood carving
• Driving motor vehicles or non-motorized carriers, except for piloting international aircraft
• Shop attendant
• Auctioning
• Supervising, auditing or giving services in accounting, except occasional international auditing
• Gem cutting and polishing
• Hair cutting, hair dressing and beautician work
• Hand weaving
• Mat weaving or making of wares from reed, rattan, kenaf, straw or bamboo pulp
• Manufacture of manual fibrous paper
• Manufacture of lacquerware
• Thai musical instrument production
• Manufacture of nielloware
• Goldsmith, silversmith and other precious metal work
• Manufacture of bronzeware
• Thai doll making
• Manufacture of mattresses and padded blankets
• Alms bowl making
• Manual silk product making
• Buddha image making
• Manufacture of knives
• Paper and cloth umbrella fabrication
• Shoemaking
• Hat making
• Brokerage or agency work, except in international business
• Dressmaking
• Pottery or ceramics
• Manual cigarette rolling
• Legal or litigation service
• Clerical or secretarial work
• Manual silk reeling and weaving
• Thai character type-setting
• Hawking business
• Tourist guide or tour organization agency
• Architectural work
• Civil engineering work

As you can see "Nanny" is not a restricted occupation.

Salary

Some employers thought in order to get the nanny a work permit in Thailand they must pay a Filipinos 35,000 baht. The 35,000 baht monthly salary refers to the amount of money you need in order to get an extension of stay for business. As the employer is a natural person, the nanny cannot even apply for this extension, so it's not applicable.

By the way even if the employer is a Thai company, the nanny is still able to stay and work in Thailand with an income of even just 10,000 baht a month but without the convenience of extending her permit to stay without having to leave the country every 90 days.

Thai employees

A common misconception by many is in order to apply for a work permit, the employer must employ four Thai employees. This is not true, that it is required. However, if the employer (natural person) does meet this objective. They can employ a foreigner for every four Thai employees, the maximum being three foreigners. If they do meet the criteria, the tax of 50,000 baht per year for the employer ( natural person) does not apply.

Migrant Workers Registration

This is a special program that the Thai government lets workers from Burma, Laos or Cambodia to register for. Only workers from these three countries are allowed. However be aware the registration period for migrant work permits in 2006 ended this year on March 30th 2006. If your nanny qualifies they are given a special Thai ID and work permit, with no need to travel.

This year, employers were required to pay a deposit of either 10,000 or 50,000 baht for each migrant hired depending on their ID status.

We look forward to helping your family. You can reach our office at 02-642-0213 Monday to Friday 9 AM to 6 PM.

Copyright, 2006 (c) Sunbelt Asia Co., Ltd www.sunbeltasiagroup.com

Stickman's thoughts:

I wonder how many foreign nannies are floating around Thailand? I would not have thought there would be many.