EMERGENCY! About the trouble of my Non-B visa

[romo]

Hi, dear everyone:

I'm Romo (Xiaoyan You) from China. I have been doing hotel business in Chiangmai Thailand for almost 3 years with everything legally. I have company with Thai shareholder, work permit, 5 stuff working at my place and we pay for their social security every month, and my place got hotel license. So everything is under the rules. 

For the last 2 years, I can get my Non-B here smoothly with the document my accountant prepared for me. But for this year, my non-b got rejected by the officer in Chiangmai Immigration on last Friday with the same document prepared by the same accountant as I used before. They just gave me 7 days extension and didn't tell me what happened at first.

The story is as following:

There are 2 steps for Thai immigration to give one year Non-B. First, they will give you one month when you pass them the document for new visa on the days your old visa going to expire. There will be a stamp for this one month visa and shows the date you need to go back to them to get the new 11 months visa. Second, you need to go to immigration at the date showed on your one month visa to get the new 11 months Non-B. At Dec.18th I got my new one month Non-B expired on Feb.9th cuz I went to the immigration 20 days before my old visa got expired. It shows I need to go back to immigration at Feb.9th.

On last Friday, Feb.8, I went to Chiangmai immigration office around 10am, I waited for 3 hours. It was so weird to take so long time cuz for the last 2 years this step only took me few minutes. After this, there was a lady came to give me the passport but in very bad attitude. She didn’t call my name as usual but call CHINA PASSPORT. I felt uncomfortable at that moment cuz they looked at me with some weird expression but I could see that was my passport so I still walked over there. I felt confused when I saw the 7 days extension only and then I kept asking them what happen to my visa and why there is only 7 days extension. And then she was really rude after I checked the visa and asked her what happen, she didn’t talk to me and was really annoying to me. After few minutes she just said very LOUDLY “you don’t pass, get out of thailand !” Still no reason but just ask me to leave. So I let my accountant call them cuz I don’t want to talk to them anymore. My accountant told me, the reason they gave me is about the people's name on the hotel license is different from the landlord on the contract. So I went to ask the landlord, they told me cuz the lady changed her name before. The name on the license is her old name and I got the document about the name changing from the landlord at Friday night. 

So I went to the immigration today(Monday) with the name changing document together with my accountant this morning. When we met the officer, he didn't say anything about the name but just kept checking the contract I signed with the landlord. In the end he just gave us the reason why they rejected my visa is because inside the document, it only shows I rent the place but I didn't rent the business. I can really not understand this reason. After this, I left the immigration cuz they kept saying that they could do nothing cuz the visa got rejected anyway. Then I called my Thai shareholder of my company to complain. She also felt confused and really cannot understand it. So she asked me to go immigration again after lunch time together with her. At around 2pm, we arrived. We got back to the officer who talked to me this morning. My shareholder asked him some questions until he can not answer. When my shareholder talked about the hotel license, he tried to say about the contract. Ok my shareholder talked about contract to him, then he turned to hotel license. It seems like he is hiding something but clearly the problem is not by our side. In the end, we still kept our manner, we didn’t suspect anything in front of them although we think this thing is maybe cuz of there mistake but someone wanted to cover so turned to me. At last they still didn’t want to  tell me the truth and also didn’t want to give me the non-b visa. So my shareholder asked the officer whether there is any other ways better than going back China. The officer suggested me to go to the third country to get a TR visa and then come back to change to Non-B. My shareholder confirmed with him for 2 times that he said this way worked. And there is another lady sit behind the officer we talked to. She kept disturbing and interrupting us when my shareholder is talk to the officer and kept saying this one cannot that one cannot. I don’t know whats wrong with her. 

There is 17 rooms at my place, there is the hotel license at this place, our company address is at this place,  my work permit address is at this place and my work permit has been just extended for one year in last December. I have been doing business at this place for almost 3 years. I still remember when my hotel just opened, the immigration team came to check few times and say everything is ok at end of 2016. Then my work permit and non-b visa can be extended at 2017&2018 smoothly without any problems. Until now, the third year  i got the unreasonable reason like this. And they didn't tell anything when we passed the document to them last month. And nobody called me to inform there were some problems with my visa. They just rejected that with the unreasonable reason at the last day of my last visa. I can not take it and I would like to know what is the real problem of this issue.  All of us just want to be clear about what happened. No matter where I’m going, this is really a trouble to me, waste my time, my money. I don’t want to pay for other’s mistake. 

Sorry to disturb everyone but I really need help.

please share this as possible as you can. 

Thank you so much.

IMG_3732.HEIC IMG_3731.HEIC IMG_3730.HEIC IMG_3728.HEIC IMG_3727.HEIC

[worgeordie]

Do you trust your partner in this business,i just say

that she is the one going to benefit from you not

been able to run your company here,and it wont

be the first time business people from other countries

have been duped by their Thai business partners.

regards worgeordie

[problemfarang]

i suggest you to  do all paper work again with a lawyer

[romo]

23 minutes ago, worgeordie said:

Do you trust your partner in this business,i just say

that she is the one going to benefit from you not

been able to run your company here,and it wont

be the first time business people from other countries

have been duped by their Thai business partners.

regards worgeordie

She is my best friend and also helped me a lot, no doubt by this part.

[ThomasThBKK]

Seems like they messed up and then didn't want to correct their mistake and their officer to lose face.

They will never admit they made an error. Would get a Lawyer that is familiar with hotel licenses and immigration if i was you.

 

I had similar BS with land offices, only fixed by a lawyer going after the officer... i guess they wanted TMoney in the end, happens all the faking time here, farrang or thai doesn't even matter...

Edited February 12, 2019 by ThomasThBKK

[BigT73]

2 hours ago, romo said:

said very LOUDLY “you don’t pass, get out of thailand

Sorry to hear you got treated like that Romo.  A host country should be respectful to aliens regardless of circumstances.

I hope it works out for you!

[ukrules]

Sounds very weird, why did they even care about the hotel rental, that's department of labour business isn't it ?

 

You already have a work permit, they should just rubber stamp the visa extension.

 

Hire a lawyer and take him with to immigration with you.

[JackThompson]

If you must leave for a new Visa, don't get a Tourist Visa - get a Non-B Visa.  It sounds as if you have all the paperwork needed for a single entry Non-B Visa from a consulate in Laos or Malaysia (possible 1-year multiple-entry in Penang). 

Returning on a Tourist entry is what they often suggest, to make those with Non-Imm stays situation worse.  If you re-enter on a Tourist entry, you would need two steps to get back to a 1-year Non-Imm stamp, vs only one step if you enter on a Non-B Visa.  Also, you can continue working legally with your existing work-permit on a Non-B Visa - but this is not possible when on a Tourist-type entry.

Edited February 13, 2019 by JackThompson

[ubonjoe]

7 minutes ago, JackThompson said:

If you must leave for a new Visa, don't get a Tourist Visa - get a Non-B Visa.  It sounds as if you have all the paperwork needed for a single entry Non-B Visa from a consulate in Laos or Malaysia (possible 1-year multiple-entry in Penang). 

He is from China which means he can only apply for a visa there.

[JackThompson]

37 minutes ago, ubonjoe said:

He is from China which means he can only apply for a visa there.

Good point.  In that case, a trip there may be the best course of action.

[romo]

On 2/12/2019 at 10:24 PM, ukrules said:

Sounds very weird, why did they even care about the hotel rental, that's department of labour business isn't it ?

 

You already have a work permit, they should just rubber stamp the visa extension.

 

Hire a lawyer and take him with to immigration with you.

So that's why I would like to fight just for protect my right.

[romo]

23 hours ago, JackThompson said:

If you must leave for a new Visa, don't get a Tourist Visa - get a Non-B Visa.  It sounds as if you have all the paperwork needed for a single entry Non-B Visa from a consulate in Laos or Malaysia (possible 1-year multiple-entry in Penang). 

Returning on a Tourist entry is what they often suggest, to make those with Non-Imm stays situation worse.  If you re-enter on a Tourist entry, you would need two steps to get back to a 1-year Non-Imm stamp, vs only one step if you enter on a Non-B Visa.  Also, you can continue working legally with your existing work-permit on a Non-B Visa - but this is not possible when on a Tourist-type entry.

Year, I have already found someone can help me to get a 3-month Non-B in Penang. And I'm heading to Malaysia today, good luck to me. Thank you.

[romo]

22 hours ago, JackThompson said:

Good point.  In that case, a trip there may be the best course of action.

Year, I have already found someone can help me to get a 3-month Non-B in Penang. And I'm heading to Malaysia today, good luck to me. Thank you.

[romo]

23 hours ago, ubonjoe said:

He is from China which means he can only apply for a visa there.

Yeah the most important point is I'm Chinese. But I have already found someone can help me to get a 3-month Non-B in Penang. And I'm heading to Malaysia today, good luck to me. Thank you.

[JackThompson]

1 hour ago, romo said:

Yeah the most important point is I'm Chinese. But I have already found someone can help me to get a 3-month Non-B in Penang. And I'm heading to Malaysia today, good luck to me. Thank you.

Please post how it went.  This could help others in a similar situation.

[Christophers200]

1 hour ago, romo said:

Yeah the most important point is I'm Chinese. But I have already found someone can help me to get a 3-month Non-B in Penang. And I'm heading to Malaysia today, good luck to me. Thank you.

Make sure this visa is not a fake. Malaysia is not known for bending the rules. 

[Prince77]

Question: does your Company do profits? Is the capital fully paid up? Do the assets overweight the liabilities?

[Suradit69]

On February 12, 2019 at 7:23 PM, ThomasThBKK said:

They will never admit they made an error.

 

Unlike posters on Thai Visa who never get their knickers in a knot when they lose face and always admit when they make a mistake while readily accepting the consequences.

 

Always amazing how people see certain behavior in those labelled "they" and are totally blind to it in "we."

[ThomasThBKK]

Yeah because losing face here is never an issue right...

 

Why don't you tell him where his mistake is instead of shouting bs here?

He still doesn't know and they won't tell him.

[BestB]

Can not comment on OP case, but i found myself in the same situation now also getting extension of stay for non b and also hotel business.

 

10 years no problem to extend, this time, excuse after excuse and more excuse and all pointing at BKK

 

No idea what directives came from BJ, but perhaps extending NON B is a new no no.