Visa and Work Permit

Same as other countries, foreigners who want to enter and/or stay in Thailand are required to obtain the visa before entering Thailand, there are various kinds of visa in Thailand which will be suited for the objective of the foreigner on entering and/or staying in Thailand.

Greenpro KSP Consulting has a professional team with knowledge and expertise in Visa and Work permit to provide you consultation, application, and submission which cover all the aspect.

Please read the criterion below for your information, for more information, please contact us Greenpro KSP Consulting.

Categories of Visa in Thailand

Transit Visa is a type of visa which issued to applicants who wish to enter the Kingdom for the following purposes:

  • To travel in transit through the Kingdom in order to proceed to the country of destination or to re-enter his/her own country

(category "TS")

  • To participate in sports activities (category "S")

Note: Those who are scheduled to stay in the Kingdom longer than one month. Non-immigrant Visa category “O” can be issued to them.

  • The person in charge or crew of a conveyance coming to a port, station or area in the Kingdom (category "C")

Employment in Thailand is prohibited for the Transit visa, it will be permitted to stay in the Kingdom for a period not exceeding 30 days and the validity of a visa is 3 months. The extension of stay as well as the change of certain type of visa is solely at the discretion of the Immigration officer.

Tourist Visa is a type of visa which issued to applicants who wish to enter the Kingdom for tourism purposes. Employment is prohibited for the Tourist visa. The validity of a visa is 3 months (single entry) or 6 months (multiple entries), this type of visa will be permitted to stay in Thailand for a period of not exceeding 60 days. Those who wish to stay longer or may wish to change their type of visa must file an application for permission at the Office of Immigration Bureau. The extension of stay as well as the change of certain type of visa is solely at the discretion of the Immigration officer.

Non-Immigrant Visa is a type of visa which will be issued to the foreigner for many purposes as follows:

  • To conduct business/to be employed (B) - Business
  • To perform official duties (F) - Official
  • To invest or perform other activities relating to investment which subject to Board of investment (BOI) – Investment through BOI
  • To study (ED) – Education
  • To work as a journalist, reporter or film production team (M) – Mass media.
  • To perform missionary work or other religious activities (R) – Religion
  • To work as an expert or specialist in a specific field (EX)
  • To conduct scientific research, training or teaching in a research institute (with an approval from the National Research Council of Thailand) (RS)
  • To stay with family, to stay as a diplomat’s servant, to perform duties for the state enterprise or social welfare organizations, to stay after retirement for the elderly, to stay in the kingdom of Thailand as a former Thai Citizen, to receive medical treatment, to be a contestant or witness for the judicial process and to stay in the kingdom as a stepfather/stepmother who has Thai nationality (O) – Others
  • To applicants aged 50 years and over who wish to stay in Thailand for a period of not exceeding 1 year without the intention of working. Employment of any kind is strictly prohibited. (O-A)

Diplomatic Visa is a visa which granted to diplomatic or official passport-holders who wish to assume duties at a Foreign Diplomatic Mission or Consulate or International Organization in the Kingdom and to their family members by official request.

Courtesy Visa is a visa which granted to diplomatic/official/ordinary passport-holders who wish to enter the Kingdom for the personal purpose by official request.


Non-immigrant Business Visa

If you are a foreigner who wishes to work or conduct business in Thailand including starting a business in Thailand, it is essential to obtain the work permit before performing work or conducting the business. Before applying for the work permit, you must have a Non-immigrant Business Visa which the requirements have complied with Thai law. You can apply for Non-immigrant Business Visa at Thai consulate or Thai Embassy in your home country or you may apply to change an existing tourist visa to a Non-immigrant Business Visa at the immigration office in Bangkok, Thailand.

The Non-immigrant Business visa (Non-B visa) is normally granted for an initial stay of 90 consecutive days, this type of visa is entitled to apply for work permit, after obtaining the work permit, the foreigner can apply for extension Non-B visa up to 1 year at the Immigrant office, Thailand.

Conditions need to be compiled for Non-immigrant Business Visa

  • Applicant must hold a passport with at least 6month validity
  • Evidence of adequate finance (20,000 baht per person and 40,000baht per family)
  • Letter of approval from the Ministry of Labor.
  • Applicant must apply for Non-B visa at least 30 days before planning to arrive Thailand
  • Applicant must show financial status and project to be invested (in case of the applicant want to set up business in Thailand)
  • The sponsor company must have 2 million baht of registered capital and business owner’s equity must be at least 1 million baht.
  • Minimum salary required based on the nationality of the foreigner
  • The ratio between Thai employee and the foreign employee must be 4:1, exempt Representative office, Regional office and Branch office, the ratio between Thai employee and foreign employee to be 1:1
  • Applicant must obtain an offer for employment from individual or entity in Thailand or established a Thai company to employ himself or herself.
  • Company registration documents and financial statements of the employer are required.
  • The foreigner must report to the immigration Department every 90 days or 90 days from the date of most recent entry into Thailand if the holder is not in Thailand when the report is due.
  • Even though a Non-B visa will be validity in one year, it must be noted that the visa under a single-entry option will be cancelled automatically if the holder leaves Thailand so, in order to avoid the cancellation, the holder must apply for re-entry Non-immigrant visa before leaving Thailand at the Immigration Department either Immigration at the airport or at the immigration office.
  • Must show the revenue of business in the previous year, it needs to cover the salary of all the foreign employees, the company must submit the financial audited report, the total revenue must show an amount higher than the total salary and benefits paid to the employee. (If have)

 

Thai Work Permit

According to The Alien Occupation Law, adopted in 1973, requires all foreigners working in Thailand, have to obtain the work permit before starting the work in the Kingdom of Thailand.

Foreigner who wishes to work in Thailand must have a Non-immigrant Business visa, he/she may request the employer to provide the employment contract and the relevant documents for him/her to submit the Thai embassy in his/her country for consideration on issuing a Non-Immigrant-B visa, after obtaining the visa, foreigner is allowed to enter the Kingdom of Thailand and apply for a work permit in accordance with the application form "TS1"

If the Thai Embassy in the home country of the applicant considers the business operation documents and financial status of the employer, but it is not enough to hire the foreigner to work and request additional letter from the Ministry of Labor,  the employer  has to submit an application for a work permit on behalf of applicant in accordance with the application form "TOR 3" when the employer obtains  the notification letter of work permit approval, the employer must send that notification letter  together with the relevant documents to the foreigner  for  applying for the Non-immigrant B visa at the Thai embassy in his/her  country then the foreigner is required to travel to the Kingdom of Thailand within 30 days from the date of receipt of the notification of work permit approval in order to obtain work permit from the Ministry of Labor.

Qualification of foreigner

  • Having knowledge and skill to perform the work as prescribed in the application for Work permit.
  • Not being insane or mentally sick.
  • Not be suffering from leprosy, tuberculosis, drug addiction, alcoholism and Syphilis in stage 3.
  • Not be imprisoned on violation under the Immigration law and Foreign Act within one year prior the date of application.

Conditions need to be compiled for Thai work permit

  • The business entities must have 2 million baht of registered capital, in case of a foreign business entities which operating in Thailand, the fund for amount 3 million baht must be remitted to Thailand per one foreign employee and registered capital must be increased every 2-3 million baht for each foreign employee but cannot be over 10 persons, in case of foreigner has a Thai spouse, the registered capital will be only half.
  • Business entities must have Vat registration.
  • Foreigner is required to present himself/herself both the date of application submission and the date to receive his/her Work permit.
  • A foreigner must engage in the work which is not a restricted occupation for Thai people and must perform the work that described in the Work permit only.
  • After obtaining the work permit which foreigner can work legally in Thailand, he/she is required to obtain Tax identification card through the company which will be used for the purpose of withholding tax and personal tax return.
  • The renewal of work permit, foreign employee who which to continue his/her work in Thailand, he/she must have to apply for renewal visa with the Immigration office then apply for renewal Work permit according to Torthor 5 before work permit will be expired, in case of work permit is expired, it cannot be renewal.
  • Salary of the foreign employee must meet the minimum salary requirement of Thai Ministry of Labor which bases on the nationality of the employee.
  • The foreigner who applies for a work permit under the Board of Investment (BOI) must submit an application within 30 days of notification by the Board of investment that the position has been approved.

Conditions which will be considered on approving work permit for the foreigner.

  • Business entities which operate in export business and foreign currency equivalent to 30 million baht must be remitted to Thailand in the previous year/or
  • Business entities which operate in tourism business and bring the foreigners to Thailand no less than 5,000 persons in the previous year/or
  • Business entities which employ Thai employee no less than 100 people/or
  • High technology work which cannot be performed by Thai people or special skill requirement which under a limited time project.
  • Business entities which paid income tax to Thai government no less than 3 million baht for the past 3 years

Work permit will be exempted for the case of foreigner who enters Thailand temporarily to perform “urgent work” (if the work could not be done urgently, the damage will have occurred) for a period, not over 15 days, however, foreigner may engage in work only after written notification through Torthor 10 Form which signed by foreigner and endorsed by employer and submitted to and accepted by the Director-General or his designee.

Contact us Greenpro KSP Consulting, we will provide an assistance for your Visa and Work permit.