Jul 27

Thai Business Visa-employment

Thai Business Visa Application

The growing trend among the young expats in Thailand is working in Thailand much like a holiday and with the ability to earn money at the same time while here.  The first question is how would this possible legally? First, Thailand is a well known tropical paradise in Asia which over the years has offered many exciting possibilities and opportunities to both the young and adventurous in Asia. Second, with rising costs in the West the cost of living in Thailand is relatively much cheaper so although salaries are not as high as at home, you can still very much enjoy life and save while in Thailand on your salary. Thirdly, Thailand’s culture has remained intact and still flourishing even amid the ever growing and persistent invasion of western influences in the country.  Buddhist philosophy has always and still remains predominant hence the sabai-sabai or relaxed mindset amongst the people which is very different from the more confrontational and tension filled work atmosphere one finds back in the West.  There is also the world renowned Thai food which is healthy and is readily available in every soi (street) of the city.  The night life in the city is fun and at times crazy and yes, it’s also very relaxing. The chances of meeting and socializing with other people of different cultural backgrounds are immense. This said it’s no surprise when so many foreigners flock to Thailand for employment purposes.

Working legally in Thailand

If you want to work in Thailand then speak to a lawyer in Thailand as the immigration policies concerning work visas and work permits gets complicated. So to avoid getting yourself in a pickle situation where Thai Immigration police might detain or order your deportation ensure that you are on the correct side of the law.  Remember that working in Thailand without a valid visa and a work permit is a serious offense. Those who get caught are fined, detained or deported.  Hence, it’s always good to do the right thing to avoid these problems later on.

Non B Visa Application

In most cases if you will be working in Thailand for a Thai based company the chances are the Thai company will be organizing your Non Immigrant Business Visa as this is their responsibility when employing a foreigner.  The Thai company will be instructing you on what to do. They will furnish you the necessary documents for the visa application.

Once you get the visa, you come to Thailand where your work permit will be processed at the Ministry of Labor. The employing company will also have to assist you on this matter ensuring that all required documents are provided.  A work permit should need to be obtained to go along with the Non B Visa so that a foreigner will be able to work legally in Thailand.

 

Required Documents for the Non B Visa Application

Below are partial list of required documents for those obtaining a Non Immigrant Business Visa for the purpose of employment:

  • Passport or travel document with validity of not less than 6 months.
  • Completed visa application form.
  • Recent passport-sized photograph (4 x 6 cm) of the applicant taken within the past 6 months.
  • Letter of approval from the Ministry of Labour (WP3)
  • Copy of Work Permit issued by the Ministry of Labour and alien income tax or Por Ngor Dor 91 (only in the case where applicant has previously worked in Thailand).
  • Corporate documents of hiring company in Thailand such as:
    1. business registration and business license
    2. list of shareholders
    3. company profile
    4. details of business operation
    5. list of foreign workers stating names, nationalities and positions
    6. map indicating location of the company
    7. balance sheet, statement of Income Tax and Business Tax (Por Ngor Dor 50 and Por Ngor Dor 30 of the latest year)
    8. value-added tax registration (Por Por 20)

90 –day report at the Immigration Office

Depending on the type of Non B visa you are holding, you will be required to report to the immigration office nearest to you every 90 days or for some people, they are required to leave the country every 90 days for a new visa stamp. This is especially the case for multiple entry Non B visas obtained overseas from the Thai embassy or consulate.

Valentin Declercq

Valentin obtained his Bachelor (LLB) and Master’s Degree (LLM) with Cum Laude at the Université Libre de Bruxelles, Belgium. He was a former intern of GAM Legal Alliance, Bangkok Office. During his internship he immersed himself into the Thai Corporate Legal practice which eventually became his Master’s Thesis. Previous work experiences of Valentin include internship and legal practice in the banking and litigation sectors in Brussels, Belgium. Valentin is currently involved in the management of the company and works as a legal advisor. He works closely with our Thai lawyers in assisting our foreign clients. He speaks English and French.

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