การขอวีซ่าและใบอนุญาตทำงาน


The Foreign Working Act of 2008 requires all foreigners working in Thailand to obtain a work permit prior to starting work in the Kingdom and describes the procedures for issuance and maintenance of work permits and lists certain occupations from which the foreigners may be excluded.


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วีซ่าและใบอนุญาตทำงานสำหรับธุรกิจที่ไม่ได้เข้ารับการส่งเสริมจาก BOI

Work Permits

     The Foreign Working Act of 2008 requires all foreigners working in Thailand to obtain a work permit prior to starting work in the Kingdom and describes the procedures for issuance and maintenance of work permits and lists certain occupations from which the foreigners may be excluded.

Exemptions 

The Act grants exemptions from the work permit requirement to persons occupying the following professions:
  • Members of the diplomatic corps;
  • Members of consular missions;
  • Representatives of member countries and officials of the United Nations and its specialized agencies;
  • Personal servants coming from abroad to work exclusively for persons listed under the above items;
  • Persons who perform duties on missions in the Kingdom under an agreement between the Government of Thailand and a foreign government or international organization;
  • Persons who enter into the Kingdom for the performance of any duty or mission for the benefit of education, culture, arts, or sports;
  • Persons who are specially permitted by the Thai government to enter into and perform any duty or mission in the Kingdom. As a person permitted, with or without any condition, by the Council of Ministers to enter and perform any duty or mission;

Special Cases

     While most foreigners must apply for a work permit, and may not begin work until the permit is issued, the Foreign Working Act does provide special treatment in the following circumstances:

Urgent and Essential Work

     Exemption from work permit requirements is granted to the foreigner who enters into the Kingdom temporarily, but in accordance with the immigration law, to perform any work of any "urgent and essential nature” for a period not exceeding 15 days. However, such foreigner may engage in work only after a written notification on a prescribed form (WP-10), signed by the foreigner and endorsed by his employer, has been submitted to and accepted by the Director-General or his designee.

    The foreigners entitled to this treatment may enter into Thailand with any kind of visa, including a transit visa. The term "urgent and essential work” is not explicitly defined and consequently, the issuance of this sort of exemption is a matter of administrative discretion.

     Application to perform urgent and necessary duties for period not longer than 15 days according to Article 9 which is under the following condition/situation:

  1. An alien entering the Kingdom of Thailand to engage in necessary and urgent work, which if such work cannot be performed immediately will result in damage, shall has a finish period of within 15 days.
  2. A work, which has the feature of administration, academic matters and uncertain periods same as the usual except the non-work which one has to perform in suddenly (if failure to perform at the time, the damage will occur), is not necessary and urgent work.
               –  Completed Form of WP-10 and one photograph (3 x 4 cm.) plus one copy.

               –  Letter showing the reason why applicants need to perform urgent and necessary duties such as an invitation letter and agenda etc.

               –  A copy of the passport (the page which show a photo and entry VISA).

               –  A copy of the company registration (updated within six months) and a copy of VAT registration; Form Phor Por 01 identifying the type of business, which is certified by an authorized director/the owner of work place or the employer.

               –  A copy of employer’s work permit in case he/she is a foreigner. If that employer is not working in Thailand nor has no work permit, the Power of Attorney certified by the notary public and Thai Embassy is needed.

               –  In case of a Thai employer, a copy of the employer’s I.D. card

               –  Power of Attorney from a foreigner and an employer with 10 Baht duty stamp affixed and a copy of the appointee’s I.D. card (if a foreigner and an employer are unable to apply in person).

 
Source: Office of Foreign Worker Administration, as of November 2018.

Activities Not Requiring a WP-10 

     On 6 March 2015, the Department of Employment issued an announcement declaring that certain activities would no longer be classified as "work”, and therefore do not require a work permit. The categories are as follows:
  • Attending a meeting or seminar.
  • Attending an exhibition or trade fair.
  • Visiting a business or engaging in business negotiations.
  • Attending special or academic lectures.
  • Attending technical training or seminars.
  • Purchase of goods at a trade fair.
  • Attending a meeting of directors of his/her own company.
 
     In addition, a foreign national arranging a meeting, seminar, or exhibition in cooperation with a government agency or state enterprise will be given a 30-day exemption according to the Royal Decree (No. 2) B.E. 2528.

Investment Promotion

     A foreigner seeking permission to work in the Kingdom under the Investment Promotion Act must submit an application for a work permit within 30 days of notification by the BOI that the position has been approved. A foreigner in this category may engage in authorized work while the application is being processed.

Procedures

     The Act requires that any foreigner working in Thailand must obtain a work permit before beginning work. Section 11 of the Act stipulates that while a prospective employer may file an application on behalf of the foreigner in advance of his commencing work, the actual work permit will not be issued until the foreigner has entered into Thailand in accordance with the immigration laws and has presented him or herself to receive the work permit.

     For a regular position, a work permit will be issued for one year, but for an executive position or experts, a work permit will be issued for two years. A work permit must be renewed before its expiry date or it will lapse.

      Applicants for work permits must enter into Thailand with Non–immigrant B visa. If they enter with a tourist visa or transit visa or visa waiver, they must change the type of visa to be Non–immigrant B visa. Furthermore, a foreigner who enters into Thailand with a Non–immigrant B visa will also qualify to apply for a work permit, if he marries a Thai woman.

Required Documentation

The following documents must be provided by the foreigner and attached to a work permit application:
  • For non-permanent residents: Original of passport containing a Non-Immigrant visa (Validity period not less than six months) (except for WP 3 applications, only a copy of passport showing photo page, name and number).
  • For permanent residents: Original of passport, residence permit and foreigner book (except for WP 3 applications, only a copy of passport showing photo page, name and number).
  • Evidence of applicant’s educational qualifications and letter(s) of recommendation from the former employer, describing in detail the applicant’s past position, duties, performance and place and length of employment. If the documents are in a language other than English, a Thai translation certified as correct by a Thai Embassy (if abroad) or Ministry of Foreign Affairs (if in Thailand) must be attached.
  • A recent medical certificate from a first-class licensed physician in Thailand stating that the applicant is not of unsound mind and not suffering from leprosy, acute tuberculosis, elephantiasis, narcotic addiction, habitual alcoholism or syphilis stage 3 (except for WP 7 applications).
  • Three 5x6 cm. full-faced, bareheaded, black and white or color photographs, taken no more than 6 months prior to the filing of the application.
  • If the application is to be filed by another person, a valid power of attorney in the prescribed form must be attached with a 10 Baht duty stamp.
  • On the application form, the "job description” entry must be completed with a detailed statement as to what job is expected to be performed, how it is related to other people, and what materials will be used in the work (additional paper to be used if necessary).
  • If the job applied for is subject to a license under a particular law, in addition to the Foreign Working Act, a photocopy of such license, (e.g. teacher’s license, physician’s license, press card from the Public Relations Department, certificate of missionary status from the Office of Religious Affairs, etc.) shall be attached.
  • If the applicant is married to a Thai national, the original and photocopies of the following must be presented: Marriage certificate, spouse’s identity card, birth certificates of children, household registration, and photocopy of every page of the applicant’s passport.
  • If the job being applied for is not in Bangkok, the application should be filed at the relevant province’s Department of Employment, or in the absence of such an office, at the province’s city hall.
  • Additional evidence as requested. It may be necessary to translate any or all documents into Thai.

Permitted Activities

     The former law, Foreign Working Act of 1978, prohibited the employers from allowing foreigners to perform any function other than that described in the foreigner’s work permit. The employers must report changes in employment, transfers and termination of all foreigners in their organization within 15 days of any such action. In cases of dismissal, the foreigners must return their work permits to labor authorities in Bangkok at the Alien Occupation division or, if they are in a provincial area, to the province’s Department of Employment. Failure to do so will result in a fine of up to 1,000 Baht.

     However, according to the Foreign Working Act of 2008, the law does not force the employers to return a work permit of their foreign employees, but if the employers or foreign employees wish to return a work permit, the labor authorities will receive a work permit and record the termination date.

     Any foreigner engaging in work without a work permit may be punished by a term of imprisonment not exceeding five years or a fine from 2,000 Baht up to 100,000 Baht, or both. In case of violation of the conditions of his work as stipulated in his permit, the foreigner may be punished by a fine of not exceeding 20,000 Baht.

    An employer who permits a foreigner to work in his organization without a work permit may be punished with a fine from 10,000 Baht up to 100,000 Baht for each foreign employee. An employer who permits a foreigner to act in violation of the nature of the work specified in the work permit may be punished with a fined not exceeding 10,000 Baht.

     Permit holders must obtain prior permission to change their occupation and/or place of work. Change of employer location or the residential address of the permit holder must be properly endorsed in the work permit by the labor authorities. The Foreign Working Act does not prevent a foreigner from engaging in work in more than one field or for more than one employer.


Restricted Occupations

     A Royal Decree in 1973 listed 39 occupations and professions that were then prohibited to foreigners. This list has been amended on several occasions by subsequent Royal Decrees, the latest one in 2005;
  1. Labor work;
  2. Agriculture, animal husbandry, forestry, or fishery, except work requiring  expertise, specialized work, or farm supervision work.
  3. Bricklaying, carpentry or other construction work.
  4. Wood carving
  5. Driving motor vehicles, driving a non-mechanically propelled carrier or driving a mechanically propelled carrier, except for piloting international aircraft.
  6. Shop/Outlet attendance
  7. Auction
  8. Supervising, auditing or providing services in accounting, except internal auditing on occasions.
  9. Cutting or polishing diamond or precious stones
  10. Haircutting, hairdressing or beauty treatment
  11. Cloth weaving by hand
  12. Mat weaving or utensil making from reeds, rattan, hemp, straw or bamboo pellicle
  13. Mulberry paper making by hand
  14. Lacquerware making
  15. Making Thai musical instruments
  16. Nielloware making
  17. Gold ornaments, silverware or pink gold making;
  18. Bronze ware making
  19. Thai doll making
  20. Mattress and quilt blanket making;
  21. Alms bowl making
  22. Hand making of silk products
  23. Buddha image making
  24. Knife making
  25. Paper or cloth umbrella making
  26. Shoemaking
  27. Hat making
  28. Brokerage or agency work, except broker or agency work in international trade;
  29. Civil engineering works concerning design and calculation, organization, research, project planning, testing, construction supervision or advising, excluding work requiring special expertise
  30. Architectural work concerning designing, drawing of plans, cost estimating, construction directing or advising
  31. Dressmaking
  32. Pottery or ceramic ware making;
  33. Cigarette rolling by hand
  34. Tour guide or sightseeing tour operation
  35. Street vending
  36. Typesetting of Thai characters.
  37. Silk reeling and twisting by hand
  38. Clerical and secretarial work
  39. Legal service or lawsuit work
Note: As per the Cabinet’s Resolutions, foreign workers from Myanmar, Laos and Cambodia have been given an indulgence to work in the Kingdom in 2 occupations, which are 1) Labor work and 2) Domestic work.
 
Visas and Immigration Law

     All persons, other than those in transit and citizens of certain countries, are required to obtain a visa in order to enter into Thailand. Foreign nationals who intend to remain in Thailand to work or conduct business must comply with visa requirements in addition to obtaining a work permit.

Visa Categories
 
The Immigration Act of 1979 as amended in 1980 establishes the following visa categories:
  • Tourist
  • Visitor transit
  •  Immigrant
  • Non-quota immigrant
  • Non-immigrant
Note: Transit, visitor transit and tourist visa holders are not authorized to work in Thailand.

Tourist: Tourist visas are initially valid for 60 days and are renewable at the discretion of the Immigration Department. Renewals are normally granted for periods up to 30 days at a time.

Visitor Transit: Foreigners who have obtained a transit visa from a Thai Embassy or consulate will be granted a 30-day stay in the Kingdom. Extensions of stay are normally granted for periods of 30 days at a time, but the total stay may not exceed 90 days from the date of entering into Thailand.

     In addition, passport holders from 48 countries and 1 special administrative region - Hong Kong SAR - are not required to obtain a visa when entering Thailand for tourism purposes and will be permitted to stay in the Kingdom for a period of not exceeding 30 days on each visit. If such foreigners enter the Kingdom at the immigration checkpoints which border neighboring countries, they will be allowed to stay for 15 days each time, except Malaysian nationals who cross the borderline from Malaysia whose granted period of stay will not exceed 30 days each time.

Please note that Tourist Visa Exemption does not apply to foreigners holding a Travel Document for Aliens issued by these countries.

Foreigners entering Thailand under the Tourist Visa Exemption category must possess adequate finances for the duration of stay in Thailand (i.e., cash 10,000 Baht per person and 20,000 Baht per family).

Non-quota immigrant: This category includes former residents who have lost their resident status but who have reapplied to resume their residency and who have been able to demonstrate a convincing reason to support the granting of this type of visa.

     Non-Immigrant Visa: Foreigners, who seek a prolonged stay, or those coming to work in Thailand, should obtain non-immigrant visas for all family members prior to entering into the Kingdom. This visa has several categories:
  • Diplomatic visa (D) for those employed by an embassy;
  • Business visa (B) for those conducting business in the Kingdom;
  • Mass media visa (M) for accredited business or press representatives;
  • Expert visa (EX) for those performing skilled or expert work;
  • Investor visa (IM) for those who set up their companies under the BOI;
  • Study/education visa (ED) for teachers and those here to study/observe;
  • Official visas (F) for those performing official duties involving the Thai government;
  • Missionary visa (R) for those performing missionary work;
  • Science visa (RS) for those doing scientific research or training, or studying in an educational institution in the Kingdom;
  • Sports visa (S) for those participating in an officially recognized sports event;
  • Dependent visa (O) for those who are here as dependents.

Advantages of a Non-Immigrant visa include:
  • Entitlement of the holder to apply for a multiple re-entry visa to Thailand from the Immigration Division in Bangkok;
  • Subject to the regulations of the Immigration Authorities, entitlement of the holder to apply for permanent residence in Thailand;
  • Eligibility for issuance of a work permit to the holder (only for category B and category O (only a foreigner who married to a Thai national);
  • Eligibility for temporary visa renewal while processing issuance of a long-term annual visa.

Foreigners are advised to strictly adhere to the rules governing each visa category. They should report any changes of address or status to local police within 24 hours.

     In addition, foreigners residing in Thailand for more than 90 consecutive days are required to notify their address with the Immigration Bureau every 90 days. This requirement applies to all foreigners, including holders of work permits and long-term visas. Failure to do so, the foreigner shall be punished with a fine not exceeding 5,000 Baht and with an additional fine not exceeding 200 Baht per each day passing until the law is complied with.

Transit, Visitor Transit, Tourist and Non-Immigrant Visas are issued only for the following purposes and duration:
  • Diplomats or consular missions (duration as necessary);
  • Official missions (duration as necessary);
  • Tourism (90 days);
  • Sports (30 days);
  • Business purposes (1 year);
  • An investment that has received authorization from the appropriate government authorities (2 years);
  • Investment or other business in connection with investment under the Investment Promotion Act (as determined by the BOI);
  • Transit (30 days);
  • The controller or crew of a conveyance entering a port or other locality in the Kingdom (30 days);
  • Work as a skilled laborer or specialist (1 year).

If leaving the country, a foreign national must apply for a Re-entry Visa to enter Thailand on their current Non-Immigrant Visa.
  • A Single Re-Entry Visa costs 1,000 Baht for leaving and re-entering Thailand on one occasion before the expiry date of the Non-Immigrant Visa.
  • A Multiple Re-Entry Visa costs 3,800 Baht for leaving and re-entering Thailand on multiple occasions before the expiry date of the Non-Immigrant Visa.
     In response to feedback from investors, the BOI coordinated the establishment of a One-Stop Service Center for Visas and Work Permits. Through joint cooperation with the Immigration Bureau and the Ministry of Labor, the center can process applications or renewals of visas and work permits within 3 hours, upon receipt of proper and complete documentation.

     In addition, the center handles other transactions, including the issuance of multiple re-entry stamps, changes in class of visa (to non-immigrant from tourist or transit), and payment of fines.

     The One-Stop Service Center is located at 18th Floor, Chamchuri Square Building, Phayatai Road, Pathumwan, Bangkok 10330, and it may be reached by phone at 0-2209-1100.

     When an individual applies for a renewal of work permit, he or she has to show that taxes for the previous year have been paid.

      Foreigners may also apply for permanent residence permits for Thailand under certain conditions, such as investment in a business, or a condominium. Applications can be made to the Immigration Department.

      Members of the diplomatic or consular corps, foreigners coming to perform their duties in Thailand with the approval of the Thai government, foreigners performing their duties in Thailand under an agreement between the Thai government and a foreign government, heads of international organizations or agencies operating in Thailand, and dependents of all the aforementioned persons, including private servants of members of the diplomatic corps, are exempted by the Act from the normal visa requirements. 


Source :
สถานทูตไทย : ประเภทของวีซ่า link
สถานทูตไทย: ทำงานอย่างถูกกฎหมายในประเทศไทย link
กระทรวงการต่างประเทศ: ข้อมูลวีซ่าประเทศไทย link

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Visa and Work Permit for BOI’s Promoted Companies

1. Permission to foreign nationals for entering into the Kingdom for the purpose of assessing investment opportunities or performing any other act benefiting investment or working on a project in the process of an investment promotion application or issuance of an Investment Promotion Certificate under Section 24

This is from the date on which the BOI receives a complete application form together with documents and supporting evidence. 

1.1 Documents and supporting evidence that applicants are required to submit for consideration are for any of the following:

(1) Permission for foreign nationals for entry into the Kingdom for the purpose of assessing investment opportunities; Performing any other Act Benefiting Investment; working on a project that is in the process of an investment promotion application or issuance of an investment promotion certificate

       (1.1)  A copy of the company registration certificate and a list of shareholders (in the event where the company is already established)

       (1.2)  Form No. 02 and Form No. 03 (F FR TR 01) with complete information (per person)

       (1.3)  One copy of documents pertaining to academic and work experiences (per person)

       (1.4)  One copy of the applicant’s passport (per person)

       (1.5)  A company letter of intent with detail referring to a person who coming in the letter

       (1.6)  Additional documents (for each case)

  • Permission for foreign nationals to enter the Kingdom to assess  investment opportunities
            -  Project plan being assessed
            -  A copy of evidence of contacts with a foreign or domestic agency, or institute

  • Permission for foreign nationals to enter the Kingdom for acts benefiting the investment-
            - Evidence of the chamber’s establishment and the foreign national’s work assignment with the chamber must be attached for a chamber of commerce 

(2) Permission to extend the period of stay in the Kingdom for the purpose of assessing investment opportunities; Performing any other Act Benefiting Investment; working on a project that is in the process of an investment promotion application or issuance of an investment promotion certificate

       (2.1) A copy of the company’s registration certificate and list of shareholders (in the event where the company is already established)

       (2.2) A copy of the previous approval letter

       (2.3) Additional documents (for each case)

  • Permission for foreign nationals to extend their period of stay in the Kingdom for assessing investment opportunities
           - Progress report of the project under study

  • Permission for foreign nationals to extend their period of stay in the Kingdom for performing acts benefiting the investment
           - Evidence of the foreign national’s continued assignment must be attached for a chamber of commerce

(3)  Request for Cooperation for a Visa Stamp or Change of Visa Type

       (3.1)   A copy of the company’s registration certificate and list of shareholders

       (3.2)   A copy of documents pertaining to academic and work experiences (per person)

       (3.3)   A copy of the applicant’s passport (per person)

       (3.4)   Additional documents (for each case)

  • Permission for foreign nationals to enter the Kingdom to assess investment opportunities
           -  Project plan under study

           -  A copy of evidence of contacts with a foreign or domestic agency, or institute

  • Permission for foreign nationals to enter the Kingdom for performing acts benefiting the investment
            - A copy of the company’s financial statement

            - Evidence of the foreign national’s continued assignment must be attached for a chamber of commerce

              1.2  Each page of the document provided must be stamped with the company’s seal and signed by the authorized person.

              1.3  Applicants must submit the application form to the Foreign Expert Services Division of the BOI.

              1.4  For further information, please contact the BOI’s Foreign Expert Services Division.


2. Permission for Foreign Nationals to Enter the Kingdom under section 25 (Single Window for Visa and Work Permit)

Permission for foreign nationals to enter the Kingdom under Section 25 must be conducted through the Single Window for Visa and Work Permit, an online platform that replaced the old e-Expert system on 1 August 2018. The company must obtain a User ID and Password by registering through https://swe-expert.boi.go.th/SW-WEB/main.php (The website is available in Thai version only) Within 1 working-day after the registration, the user will receive a username and password. In the event that the company already has an existing e-Expert ID, the ID is still applicable in the new platform. The system also covers digitizing existing Work Permit.

Types of Application, Documents and Supporting Evidence that Applicants are required to submit for Consideration are as follows:

      2.1  The First Approval of Position of Foreign Nationals

          (1) Company’s organizational chart

          (2) Technology transfer plan

          (3) Shareholder list

          (4) Annual financial statement

      2.2    Cancellation of Positions Approved for Foreign Nationals (No documents required)

      2.3    Change of Employment Position for Foreign Nationals

          (1)  A copy of the applicant’s passport

          (2)  A copy of the applicant’s educational qualifications

          (3)  A copy of the applicant’s employment records

          (4)  Company’s organizational chart

          (5)  Technology transfer plan

          (6)  Shareholder list

          (7)  Annual financial statement

       2.4 Adding job description/cancellation of job description

          (1)  A copy of the applicant’s passport

       2.5 Appointment of Foreign Nationals in the Approved Position

           (1) JPEG or GIF photo of the applicant with a resolution not exceeding 160x240 pixels, file size not more than 2MB

           (2)  A copy of the applicant’s passport

           (3)  A copy of the applicant’s educational qualifications

           (4)  A copy of the applicant’s employment records

           (5)  A copy of the applicant’s permanent residence book (if any)

           (6)  Proof of a conclusion of the applicant’s previous employment position (if any)

      2.6 Permission to Bring in a Foreign National’s Family

           (1)  JPEG or GIF photo of the applicant with a resolution not exceeding 160x240 pixels, file size not more than 2MB

           (2)  A copy of the applicant’s passport

           (3)  A copy of the document showing the applicant’s family relations


       2.7 Permission for a Foreign National and their Family to Enter the Kingdom (Pilot and Related Positions)

           (1) Pilot’s license

           (2) JPEG or GIF photo file of the applicant with a resolution not exceeding    160x240 pixels, file size not more than 2MB

           (3) A copy of the applicant’s passport

           (4) Documents from related agencies e.g. Supporting Letter from The Civil Aviation Authority of Thailand

           (5) A copy of the applicant’s permanent residence book (if any)

           (6) A copy of the applicant’s educational qualifications

           (7) A copy of the applicant’s employment records

        2.8 Permission for a Foreign National and their Family to Enter the Kingdom (Operator or Related Positions)

           (1) JPEG or GIF photo file of the applicant with a resolution not exceeding 160x240 pixels, file size not more than 2MB

           (2) A copy of the applicant’s passport

           (3) A copy of the applicant’s educational qualifications

           (4) A copy of the applicant’s employment records

           (5) A copy of the applicant’s permanent residence book (if any)

           (6) Proof of the applicant’s training (the training period of not less than three months)
 
        2.9 Urgent permission for a foreign national to work temporarily (30 days)

            (1)  A copy of the applicant’s passport

            (2) A copy of the applicant’s permanent residence book (if any)

        2.10 Permission for a foreign national to work temporarily (not exceeding six months)

            (1)  JPEG or GIF photo file of the applicant with a resolution not exceeding    160x240 pixels, file size not more than 2MB

            (2)  A copy of the applicant’s passport

            (3)  A copy of the applicant’s educational qualifications

            (4)  A copy of the applicant’s employment records

            (5)  A copy of the applicant’s permanent residence book (if any)

            (6)  Proof of a conclusion of the applicant’s previous employment position (if any)

        2.11   The Extension of an Employment Period for the Position of Foreign Nationals

            (1)  Company’s organizational chart

            (2) Technology transfer result

            (3)  Shareholder list

            (4)  Annual financial statement

            (5)  A copy of the applicant’s passport

        2.12   Request for a Foreign National’s Visa Stamp

            (1) A copy of the applicant’s passport

        2.13   Request for a Foreign National’s Family’s Visa Stamp

            (1) A copy of the applicant’s passport

            (2) A copy of a document showing family relations

        2.14   Request for Visa Stamp/Change of Visa Stamp of Foreign Nationals

            (1)  A copy of the applicant’s passport

        2.15   Request for Visa Stamp/Change of Visa Stamp of Foreign Nationals’ Family

            (1) A copy of the applicant’s passport

            (2) A copy of the document showing the applicant’s family relations

        2.16   Permission for a Foreign National to Perform Additional Duties in an Affiliated Company

            (1)  A copy of the applicant’s passport

            (2)  A copy of the applicant’s permanent residence book (if any)

            (3)  A copy of shareholder list of both BOI promoted company and affiliated company

            (4)  A copy of company registration certificate of both BOI promoted company and affiliated company

        2.17   Permission for a Foreign National to Perform Additional Duties (Foreign Chamber of Commerce in Thailand)

            (1) Foreign chamber of commerce’s meeting report

            (2) A copy of the foreign chamber of commerce’s permit

            (3) A copy of the applicant’s passport

         2.18    Cancellation of a Foreign National’s Additional Work

            (1)  A copy of the applicant’s passport

         2.19   Permission for Foreign Nationals to Add or Change Their Work/Legal Entity Location, Permission to Cancel Added Work/Legal Entity Location 

            (1)  A copy of the applicant’s passport

         2.20   Permission for a Foreign National and Family to Bring Personal Belongings into the Kingdom

            (1)  A copy of an Invoice or Packing List of imported personal belongings

            (2)  A copy of the applicant’s passport

            (3)  Company’s organizational chart

            (4)  Technology transfer result

            (5)  Shareholder list

(6) Annual financial statement

        2.21   Notification of a Foreign National’s Name Change

            (1) A copy of the applicant’s passport (including the page with the new name or surname)

        2.22   Notification of an Amendment to a Company Name (No documents required)

        2.23   Notification of a Combination or Transfer of Promotion Certificates (No documents required)

        2.24   Notification for Amending the Type of the Promoted Activity (No documents required)

        2.25   Permission for a Foreign National and their Family’s Usage of the Fast Track Lane  (In-Out, Out-In)

              (1)  A copy of the applicant’s passport

        2.26   Cancellation of Fast Track Lane Usage (No documents required)

For further information, please contact the BOI’s Foreign Expert Services Division by phone at (+66) 2209 1162-7

3)  SMART Visa

The SMART Visa is a new type of visa designed to attract highly skilled manpower and investors to help accelerate the development of the country’s targeted industries. SMART Visa is offered to foreign experts, executives, entrepreneurs and investors who wish to enter into the Kingdom of Thailand to work or to invest in the country’s targeted industries including 1) Next-Generation Automotive 2) Smart Electronics 3) Affluent, Medical and Wellness Tourism 4) Agriculture and Biotechnology 5) Food for the Future 6) Automation and Robotics 7) Aviation and Logistics 8) Biofuels and Biochemicals 9) Digital and 10) Medical Hub. Since 6 November 2018, the Cabinet has approved the extension of the list of eligible to include services in alternative dispute resolution, science and technology-based human resource development, and environment and alternative energy management.

          3.1  Category T - Highly skilled professionals wishing to work in the targeted industries/services

Qualifications

                - Minimum income of no less than 100,000 Baht or equivalent per month (inclusive of other benefits and welfares) or minimum income no less than 50,000 baht for professionals in startups and retired professionals (Except for professionals who work for a government agency or work in alternative dispute resolution, no minimum income is applied)

                - Having an employment contract or service contract with an entity in Thailand with the remaining term of at least 1 year (Except for experts who work for a government agency or work in alternative dispute resolution)

               - Having expertise in science and technology or related fields relevant to the targeted industries/services and endorsed by a government agency (Except for experts who work for a government agency)

              - Employers in Thailand must be certified for being engaged in the targeted industries/services by a relevant government agency such as the National Innovation Agency (Public Organization) and the Digital Economy Promotion Agency. In case of employers being a government agency, the certification of being in the targeted industries shall be done by that agency.

Privileges

               - Maximum 4-year visa, but not exceeding the remaining employment/service contract term

               - No work permit required for working in the endorsed companies or a Thai government agency. Prior to any changes or additions of jobs, an official approval must be obtained.

               - 90-day reporting to the Immigration extended to 1 year

               - No re-entry permit required

               - Spouses and children granted the right to stay and work in Thailand with no work permit required (Children wishing to work must be at least 18 years. The jobs must not be on the prohibited list of occupations and professions for foreigners.)

               - Permit to use fast track services at all international airport where fast track service is available

 
            3.2  Category I - Investors in companies using technologies in manufacturing or delivering services and being in the targeted industries

Qualifications

                 - Directly investing or investing through venture capital in one or more companies in Thailand using technology as a base in manufacturing or delivering services and are in the targeted industries as an individual investor in the total amount of at least 20 million Baht or  at least 5 million Baht for investing in startups, incubator programs or accelerator programs.

                 - The investment must be maintained throughout the validity period of the smart visa.

The business to be set up or invested or the venture capital company to be invested through must be certified as being the ones using technology in manufacturing or delivering services and being in the targeted industries or investing in such companies in case of the investment through venture capital company by the relevant agencies such as the National Innovation Agency, Digital Economy Promotion Agency and National Science and Technology Development Agency.


Privileges

                 - Maximum 4-year visa

                 - No work permit required for working in the endorsed companies. Prior to any changes or additions of jobs, an official approval must be obtained.

                - 90-day reporting to the Immigration extended to 1 year

                - No re-entry permit required

                - Spouses and children granted permission to stay in Thailand

                - Spouses granted permission to work with no work permit required (The jobs must not be on the prohibited list of occupations and professions for foreigners.)

               - Permit to use fast track services at all international airport where fast track service is available

 
              3.3  Category E - Senior executives working in the companies using technology in manufacturing or delivering services and being in the targeted industries

Qualifications

               - Minimum income of no less than 200,000 Baht or equivalent per month (inclusive of other benefits and welfares)

               - Holder of a bachelor’s degree or higher with at least 10 years of work experience in the relevant field

               - Having an employment contract with a company in Thailand or in a foreign country with an assignment to work in Thailand. The remaining period of the employment contract must be at least 1 year.

              - Holding a senior management position such as Chairman or Managing Director The employing companies must be certified as being the ones using technology in manufacturing or delivering services and being in the targeted industries by the relevant agencies such as the National Innovation Agency (Public Organization), Digital Economy Promotion Agency and National Science and Technology Development Agency.

Privileges

              - Maximum 4-year visa, but not exceeding the employment contract term

              - No work permit required for working in the endorsed companies. Prior to any changes or additions of jobs, an official approval must be obtained.

              - 90-day reporting to the Immigration extended to 1 year

              - No re-entry permit required

              - Spouses and children granted permission to stay in Thailand

              -  Spouses granted permission to work with no work permit required (The jobs must not be on the prohibited list of occupations and professions for foreigners.)

              -  Permit to use fast track services at all international airport where fast track service is available

            3.4  Category S -  Startup entrepreneurs who wish to invest in the targeted industries in Thailand

Qualifications

              - Having a savings account with a balance of not less than 600,000 Baht or equivalent and the remaining maturity term of at least 1 year (Except for a foreigner seeking 6-month permission to stay)

              - In the case of being accompanied by spouses and children, an additional amount of fixed savings of at least 180,000 Baht per person or equivalent is required. (Except for a foreigner seeking 6-month permission to stay)

              - Participating in an incubation or accelerator program, or a similar program endorsed by a government agency such as the National Innovation Agency (Public Organization), the Digital Economy Promotion Agency. The programs must also be in the targeted industries, or alternatively receiving joint venture funding or endorsement from a government agency such as the Digital Economy Promotion Agency.

               - If permitted to stay for the period of 6 months or 1 year, the applicant must set up a company in Thailand within one year. The business or investment activities of such company must be certified as being in the targeted industries by relevant

government agencies such as the National Innovation Agency (Public Organization), the Digital Economy Promotion Agency. The applicants must hold no less than 25% of the company’s shares or assume a position of a director of the company.

               - If none of the above qualifications cannot be met, an applicant must have a detailed plan to set up a tech startup in Thailand, which must be endorsed by relevant agencies such as the National Innovation Agency (Public Organization) or being engaged in an activity aimed to promote startups, or an activity similar to Startup Camp, endorsed by government agencies such as the Board of Investment and National Innovation Agency (Public Organization).

               - Having health insurance policy covering the entire course of stay in Thailand for the applicants of the SMART Visa, and for the accompanying spouse and the children

Privileges

                 - 6-month, 1-year or 2-year visa for the first time, renewable for ≤ 2 years if requirements are met

                 - No work permit required for working in the endorsed companies. Prior to any changes or additions of jobs, an official approval must be obtained.

                 - 90-day reporting to the Immigration extended to 1 year

                 - No re-entry permit required

                 - Spouses and children granted permission to stay in Thailand (Except for a foreigner permitted 6-month visa)

                 - Spouses granted permission to work with no work permit required (The jobs must not be on the prohibited list of occupations and professions for foreigners.) (Except for a foreigner permitted 6-month visa)

                 - Permit to use fast track services at all international airport where fast track service is available

              3.5  Application Procedure

Both foreigners residing outside Thailand and foreigners already residing in Thailand can also apply for the change of visa type to SMART visa if qualified. In the first step, applicants must obtain a qualification endorsement letter from the SMART Visa Unit (under Thailand Board of Investment) located at the One-Stop Center for Visas and Work Permits. Qualification endorsement applications can be lodged at the One-Stop Center for Visas and Work Permits or at the Thai Embassies or Consulates. The screening will also involve the technical endorsement by the designated agencies and the screening process of other requirements. For example, a qualification of high expertise in science and technology must be verified and endorsed by the Ministry of Science and Technology, qualifications according to the Thai immigration laws must be verified by the Immigration Bureau and the Ministry of Foreign Affairs etc.

After these endorsements have been obtained, the SMART Visa unit will then proceed issuing a letter of qualification endorsement which the applicant will use in applying for SMART visa at the Thai Embassies or Consulates (in case of residing outside Thailand) or the Immigration Bureau at the One-Stop Center for Visas and Work Permits or EEC Labour Administration Center in Chonburi.

Timeframe of Applying for Qualification Endorsement

        - The foreigners can submit an application for qualification endorsement for SMART Visas at One Stop Service Center for Visa and Work Permit (OSS) located at Chamchuri Square Building (in Bangkok). Alternatively, they can lodge their documents at the Royal Thai Embassies /The Royal Thai Consulate Generals.

         - Within 3 working days after having received complete documents, OSS will coordinate with related agencies to verify and certify the qualifications of the applicants.

         - The agencies in 2 will notify the OSS of the results of the evaluation/examination within 20 working days.

         - OSS (BOI) will notify the applicant, the Immigration, the Ministry of Foreign Affairs and the relevant agencies of the result of qualification endorsement application within 7 working days

The total processing time frame is 30 working days from the date of OSS’s receipt of complete documents. Holders of non-immigrant visa must apply for the qualification endorsement at least 90 days before the expiry of the non immigrant visa.

         3.6  Visa Insurance

The qualified applicant can proceed with applying for Smart Visa issuance within 60 days from issuance date of the endorsement letter, which will be used as one of the supporting document for application, at one of the following places,
  • The Royal Thai Embassies/The Royal Thai Consulate Generals (in case of residing overseas)
  • The Immigration at One Stop Service Center for Visa and Work Permit (OSS) ,Chamchuri Square Building, Bangkok
  • EEC Labour Administration Center in Chonburi.

The processing fee is 10,000 Baht per year of visa permission (cash only).
 
          3.7  SMART Visa Extension

Smart Visa holders wishing to extend their Smart Visas must apply for a renewal of qualification endorsement at One Stop Service Center for Visa and Work Permit (OSS) at least 60 days before its expiry for the Smart Visa unit to follow the abovementioned endorsement process. Upon receiving an endorsement letter, foreigners can then have their Smart Visa renewed at the Immigration at One Stop Service Center for Visa and Work Permit (OSS) or at EEC Labour Administration Center in Chonburi.

         3.8  Reporting Requirement

Smart Visa holders must report the address of current residence to the Immigration at One Stop Service Center for Visa and Work Permit (OSS) or at EEC Labour Administration Center in Chonburi on a yearly basis, counting from the date of receiving permission to stay in Thailand. This can be done 15 days before or 7 days after the due date. However, in the case of re-entering the Kingdom, the report is due in one year from the date of the latest arrival.

In addition, Smart Visa holders must also report their current status to the Smart Visa Unit at One Stop Center for Visas and Work Permits on a yearly basis from the issuance date of Smart Visa.

For further information, please contact the BOI’s SMART Visa Unit by phone at (+66) 2209 1100 ext. 1109-1110 or via email smartvisa@boi.go.th


Source :
BOI : Details of Smart Visa Program link
BOI : Procedure to Bring in Foreign Experts link

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