Foreign Business work permit in Thailand

Foreigners working in Thailand

(note: rules and regulations change regularly, information in this page is intended as a general introduction to 'work permits Thailand' and may not be fully up-to-date)

The application of a work permit

To be able to legally work in Thailand the foreigner must have a valid visa and a work permit issued in his name. Secondly, foreigners are only allowed to perform work that does not violate the Alien Employment Act (i.e.not engage in work prohibited for foreigners). What the foreigner is allowed to do and where under his work permit is described in the work permit. For example, foreigners working for 2 different companies doing the same work, must have 2 work permits, one for each company.

The applicant of a work permit must be in the possession of a valid non-Immigrant visa at the time they of processing the work permit application, however it is possible to start a work permit application for the purpose of obtaining a Non-Immigrant class B (business) visa (i.e. some embassies around Thailand require a valid work permit or a work permit application form (WP 2) as one of the conditions for issuing a non-immigrant class B (business) visa).

More info in visas

• • Ministry of Foreign Affairs (information for visitors to Thailand)

  • Thai Visa Forum (and work permits)

There are a number of grounds upon which a work permit can be granted (this is in a discretionary basis will take into account usual considerations such as suitability and qualifications of the foreigner for the position). The permit may be granted to a foreigner who is employed in Thailand and;

• • The company (employer) must have a fully paid-up registered capital of 2 million Baht to hire one foreigner, plus one person for every additional 2 million Baht (to a maximum of 10 people).

  • If the registered capital of the company is less than 2 million the company can hire one foreigner if its total corporate income tax payment had been at least 5 million Baht for the past three years. The company can hire one foreigner for every 5 million Baht paid in tax.

  • The employer has engaged in export which has brought into Thailand revenue of 3 million Baht in the previous fiscal year. The employer can hire one foreigner for every additional 3 million Baht up to a maximum of 3 people.

  • The employer has at least 50 Thai employees per foreign employee up to a maximum of 5 foreign employees.

  • A foreign employee must have paid personal income tax in the previous personal tax year (based on the minimum income requirement for his nationality) or if the foreign employee has not worked in Thailand previously, documents for potential employers confirming that, the foreign employee will obtain income in Thailand at lease in the amount of minimum income as specified based on the foreigners nationality.

The Labour Department may also issue or renew work permits regardless of the above criteria when the foreign individual falls into one of the following categories:

-employed as an international trade representative inspecting product quality, purchases or conducting market surveys

-employed as an investment or management technology adviser or internal auditor

-a tour representative bringing foreign tourists into Thailand

-employed in an international financial institute endorsed by the Bank of Thailand

-employed a non-profit organization on a temporary basis

-employed as a contractor on projects for state agencies or public enterprises

-employed in a business that mainly required the use of local raw materials

-employed in the Thai export sector

-employed in a business introducing and transferring technologies to Thailand

-employed in a sector where qualified Thai employees cannot be found

-married the cohabiting with a Thai national and has an honest employment.

In order to apply for one standard foreign employee's work permit in a limited company the employer/ foreigner is required to submit the documents as listed below:

• 1. Application form signed by the employee;

  2. Letter of employment from your company signed by the authorized Director of the company;

  3. Company Affidavit/ Certificate of Incorporation and a copy of the list of shareholders (copies signed by authorized director);

  4. Audit report, balance sheet for 3 preceding years. If you do not have this, we have to provide an explanation letter stating that the company is less than 12 months old. The authorized Director is required to sign this letter;

  5. Employee’s personal income tax declaration form or withholding tax form. A failure to show that tax has been paid correctly will seriously prejudice the employee’s work permit application;

  6. A written report stating the employee’s activities and declaration that the activities comply with the conditions stipulated in the work permit booklet. The authorized Director is required to sign this report;

  7. Map of the location of the company signed by the authorized Director;

  8. Copy of the foreign employee’s passport (every page) plus the page showing a valid Non-immigrant visa stamp. The employee is required to sign each page in blue ink.

  9. Health certificate from a certified Thai doctor (including specific test like syphilis)

  10. 3 colour photographs of the employee (5cm x 6cm)

  11. Certified copies of the employee’s educational certificates (Degree or Diploma) and qualifications for the job.

Documents numbered 1 – 7 must be signed by the authorized Director of the company and the company’s seal must be affixed. Document number 8 must be signed by the employee (every page) to certify that it is a true copy. Document number 9 must be an original health certificate as issued by qualified and certified Thai doctor within Thailand. Most general hospitals issue such a document (cost should be not more than a few hundred baht).

Minimum income requirement for foreigners working in Thailand

From the 10th of July 2004 , foreigners applying for non-immigrant visa extensions for employment in Thailand will have to meet an increased minimum monthly salary requirement by nationality and amount. It should be noted that this regulation applies to employees in the corporate sector (profit-making business). Employees with lower monthly salaries in other professions, such as teachers, can apply for non-immigrant visa extensions and work permits for employment in Thailand provided that the are able to provide an official letter of confirmation from a relevant government agency.