Working Visa and Work permit
A work permit allows a non-Thai citizen to work and operate a business in Thailand as a skilled professional or even as an employer. The work permit is required in order to be able to work legally in the Kingdom of Thailand. Working without a Thai work permit might cause severe consequences. A foreigner, who is arrested for working without work permit, will be punished with a fine or imprisonment.
In general, the success of a work permit application depends on the hiring company's registered capitalization.
- Thai Business Entities who want to apply their foreign employee for work permits must have at least two million baht fully paid-up registered capitalization. However, where the foreign employee has a Thai spouse, the registered capitalization may only be one million baht.
- Foreign Business Entities who had operated their business in Thailand can apply their employees for work permit if they bring at least three million baht per employee into the country.
The entities above may be granted to maximum 10 work permits each. However, the BOI-promoted company is an exception from the regulations above. Thailand Board of Investment is authorized to grant the promoted companies special right concerning the issuance of work permit and visa for the foreign employee working on those projects as technical experts.
Before you can apply or be issued with a work permit you must have a non-immigrant visa first. This is required to apply for a Thai work permit in the Kingdom. Ideally, it should be acquired prior to your arrival in Thailand. We can assist you in obtaining it in your home country or in country close to Thailand. In addition, we can help you convert a tourist visa to a non-immigrant visa without leaving Thailand.
Getting Your Thai Work Permit Approved
There are several points on which the granting of the work permit would be based upon and one of them is the job description as it should be able to convince the panel concerned that the applicant has the required set of skills and knowledge for the job, a set in which Thai workers may not or may inadequately have. Also, in view of protecting the availability of jobs for its citizens, there is always a possibility that not all of the work permits it has applied before the Ministry of Labor would be granted.
In relation to the importance of the job description, the company may choose to obtain crucial assistance from Siam Legal’s highly skilled foreign and Thai lawyers to increase the chances of being granted with a work permit for its desired employee.
Once The Application Is Submitted For Your Thai Work Permit
Our staff will submit the documents for your Thai work permit, during the processing you must not let your visa expire. The Labor Department's system links the non-immigrant visa ("extension of stay") you listed on your application to the work permit paperwork. A typical time frame for approval of the work permit for a company of 2 million baht registered capital is seven (7) business days in Bangkok and up to 2 months in Phuket. BOI approved companies can enjoy 3 hour processing times at the One Stop Service Center. The Labor Department will issue a receipt stating your return date for receiving your work permit book.
Signing For Your New Thai Work Permit
Your first and only appearance for the Thai work permit will be at the Labor Department upon its approval. You must appear in person with your passport and sign the Thai work permit book in the presence of the Labor Department staff. The Labor Department puts a stamp in the back of your passport at the time of receipt.
Restrictions On Your Thai Work Permit
When granted with a work permit, the individual must work only with the said company. If in case he is assigned to another location of the same company, he is required to obtain a new work permit covering such new location. The same is required if and when the individual would work with another company. This is due to the fact that the work permit is issued to the employee for the specific company at the specific location.
If in case he tendered his resignation or has been laid off by the company, he is tasked to surrender his work permit to the Labor Department not more than 10 days.