Work Permit

Obtaining a Thai work permit in Thailand is perhaps the most convenient and most rewarding way for the enchanted visitor like you to enjoy the country's many promising attractions while immersing yourself into the exotic and opulent Thai culture without worrying much about a Thai visa or time. Your Thai work permit allows you to work in Thailand as a skilled professional or even as an employer. You need to have the appropriate Thai work permit to be able to work legally in the Kingdom of Thailand .

Of course, there are some people who have been able to work illegally in Thailand or maybe currently working in Thailand without a Thai work permit but these illegal workers are not always in good plight. Aside from the constant fear of being caught and being deported by the Immigration police (the usual penalty for working in Thailand in a deliberately illegal way), most of the time, these workers end up being abused by their employers as they don't have a Thai work permit.

Without a valid Thai work permit many of the employers don't want to pay them in part or in full. Hence, without a Thai work permit or a company, no support and government protection for rights and privileges can be legally demanded.

To preclude inconveniences and abuses, securing a work permit is imperative prior to commencement of work in Thailand .

To be issued a work permit, a non-immigrant visa must be secured. Ideally, said visa has to be acquired prior to arrival in Thailand . However, JWS offers alternative ways to assist in obtaining it in the applicants home country or in country close to Thailand . In addition, JWS can also provide support to help convert a tourist visa to a non-immigrant visa without need of leaving Thailand which process can take up to 1 to 2 months.

Step 1

Obtaining a Non-Immigrant Visa

Requirements for getting a non-immigrant visa outside the country

1. The applicant has been offered a job or starts a Thai company to employ himself/herself
2. The company requests that the applicant be given a non-immigrant visa so the company may apply for a Thai work permit in the applicant's behalf
3. The company knows the person to be dependable, outstanding, and law abiding and that they will respect the laws and customs of the Kingdom of Thailand .
4. Visa must be applied for within 30 days before applicant's departure from his country. The Consulate or consular officer will ask for copies of the registration documents and financial statements from the company.

Step 2

Obtaining Thai Work Permit

Employee documents

• Passport - copies of every page. Each copy must be signed by employee.
• Non-Immigrant Visa
• Departure Card TM.6
• Education degree (signed copy)*
• Transcript (signed copy)*
• Certificates or licenses held by applicant (signed copy)*
• CV or Resume – describe in detail the applicant's past positions, duties, performance, length and place of employment.
• Photos, three (3) copies which are 5 x 6 centimeters in size (not passport photos) with full face and taken wearing business attire (no hat and some jurisdictions require suit and tie). This must have been taken within six (6) months before the application for the Thai work permit.
• Marriage Certificate (if married to Thai National). This includes the original and signed photocopies. Also include wife's Thai ID card, birth certificates of children, and household registration.
  
  * Thai government officials may require these documents to be certified by the embassy of the applicant's country (this requires bringing degree, resume, license or certificate to verify the authenticity of the original document. Authentication fee may be required. In addition, the embassy can require translation of these documents into the Thai language)

Employer documents

1. Commercial Registration Department Certificate showing that the organization for which the applicant is going to work has been duly registered as a juristic person, giving the name of the Managing Director and/or Director, and its objections and registered capital.*
   
2. Shareholders List certified by the Commercial Registration Department.*
   
3. Factory License (if required) issued by Factory Department, Ministry of Industry.*
   
4. VAT Certificate - Phor Phor 20*
   
5. Withholding Tax – Phor Ngor Dor 1 (if renewing work permit)*

* Thai government officials require all documents to have the seal of the company stamped on every page and the true and authorized signature(s) of the Managing Director and/or Directors next to the seal. In addition, government officials have, in the past, requested official copies of registration, shareholder, licenses and certificates to have been issued by their respective agencies within the past 90 days of your application for Thai work permit.

Getting Your Thai Work Permit Approved

A job description is often the determining factor in the approval or denial of a Thai work permit. Unless the written job description requires skills that a Thai is not likely to possess, the application will not be approved. JWS lawyers are skilled to help facilitate immediate approval of applications. The Labor Department apparently intends to reduce the number of permits actually issued as part of the policy to protect Thai jobs. Therefore if a company applies for three permits, only one or possibly two may be approved. Thus, professional help to ensure successful application is crucial.

Once the application is submitted, the staff will submit the documents for your Thai work permit. During the processing, the visa must not expire. The Labor Department's system links the non-immigrant visa (“extension of stay”) 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 the 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

The Thai work permit, once approved, allows you to work at the noted company and location. If you change employers or place of work, you must make a new application. Also if you resign or are terminated or laid off, according to the law, within 10 days of this, you must return your work permit to the Labor Department. Don't count on your company doing it. It is your responsibility and you are liable to return it to the Labor Department.

Step 3

The Tax ID Card

Once your Thai work permit has been arranged, the next step is for your company to apply for a Thai taxpayer identification card. This ID card has a tax ID number which you will need to list on tax documents.

Step 4

Obtaining the re-entry permit

Extension of Stay

“Visa” is issued outside of Thailand by a Thai Embassy or Consulate in which you request entry into the Kingdom of Thailand . Once allowed entry, the Immigration Officer will stamp a date in your passport. This is referred to as your “Extension of Stay.”

“Extension of Stay” is the time period you are allowed to remain in the Kingdom of Thailand . This is typically the date stamp in your passport by the Immigration Officer either after arriving in the Kingdom through a border checkpoint or issuance by the Immigration Police after a request for an extension of stay.

Extension of Stay vs. Re-entry Permit

Many people misunderstand the difference between an extension of stay and re-entry permit much to their own disadvantage. The key point is: your “extension of stay” stamp is the controlling date. Everything is dependent on this date. Re-entry permit or Thai work permit is only valid until the date stamped in the passport to leave the country. Any re-entry permit obtained will expire when the “extension of stay” expires. If departure from the country is done without a re-entry permit, the “extension of stay” is invalidated as well as the work permit. This is the key distinction. Thus, after going through the process of getting a longer period of time for the “extension of stay” and Thai work permit, ensure a re-entry permit before departing Thailand . JWS Consulting can assist you to obtain a single re-entry entry permit (one time use) or multiple re-entry permit (unlimited use).

Step 5

Renewing your Visa and Thai Work Permit

Your Work Permit expires when your Extension of Stay also expires. You will need to renew your stay in Thailand before you can renew your Thai work permit. This can be done in Thailand or in some cases you must leave the country. If you cannot obtain your extension inside Thailand , you will have to get a new non-immigrant visa from a Thai Embassy or Consulate abroad as explained above. If you have an unexpired multiple-entry visa, all you have to do is go over the border and then return. If required to go outside Thailand to obtain a new visa, you will need to provide the Embassy or Consulate copies of your work permit and new recommendation letter from your company, company registration documents, and financial and tax reports. JWS Consulting with its global presence can assist you in any country with renewing your visa. Again, all of this must be done prior to your work permit expiration.

Reporting your Stay every 90 days

For persons on a long term extension of stay, they are required to report to Immigration Police every 90 days. Persons holding a multiple entry visa will simply depart Thailand and renew their extension of stay after each 90 day entry. Our firm offers professional service with a yearly package to perform the task of the reporting to Immigration each 90 days.

FAQ

Is a visa as well as a work permit necessary?

Yes. All foreign employees are required to have a work permit that specifies the location of their employment and the period of time they are allowed to work. An applicant must have a non-immigrant visa or a residence permit prior to applying for a work permit. A non-immigrant visa can be obtained from a Thai consulate or embassy outside Thailand by providing the following documents: the new company's registration certificates, the duly certified company stamp, proof of a lease on a business premises, and a letter from the company confirming employment.

From a consulate or embassy in a western country all of this paperwork may not be necessary. However, after the attacks of 9/11 many consulates have begun to more strictly follow official rules. Furthermore, small, start-up companies may be required to provide more documents than larger, well established businesses who may only need to provide a letter of employment.

How do I get a work permit?

After receiving a non-immigrant visa, a foreigner may apply for a work visa from a consulate or embassy outside of Thailand or from within Thailand . If applying from outside Thailand , the application may be submitted from abroad, but the applicant must appear at the Department of Labor to sign the work permit. Within Thailand , a foreigner can get an extension of his non-immigrant visa and can apply for a work permit with the Department of Labor after the company is properly registered.

Are there any other requirements for obtaining a work permit?

In order to hire foreign employees, a foreign business is required to prove one of the following five requirements:

1) Capital of 2,000,000 baht (approx. 46,000$ USD) for each foreign work employee,
2) 3,000,0000 baht in taxes paid annually by the company,
3) 3,000,0000 baht in annual exports by the company,
4) taxes paid by each foreign employee of at least 18,000 baht per year, or fifty (50) Thai citizens employed per each foreign employee.

It should be noted that The Labor Department may determine the minimum number of Thai employees a business must hire after reviewing an application for registration of a business. Different types of companies have different requirements. Normally, on an initial application, companies are required to show at least six Thai employees until they receive specific directions from the Labor Department indicating a different number. This requirement is separate to the number of employees necessary for obtaining foreign work permits

Is there any way to have work permits processed more expediently?

Yes. Work Permits and visa extensions can be acquired in three hours at the One Stop Service Center assuming all applicants are qualified, necessary documents are provided, and applications are complete and accurate. In order to qualify, a business must either have a specified amount of minimum capital or assets or be promoted by the BOI.

 

JWS Consulting Company Limited

99 / 19 Moo1, 2 nd Floor, Praphuket Road, Kathu, Kathu, Phuket 83120 Thailand

Tel : +(66) 076 304 400 Fax : +(66) 076 304 401
Hotline : +(66) 084 746 3838
Email : info@jwsconsulting.co.th