Work Permit and Long-Term Work Visa

29/10/2024

How to Obtain a Work Permit and Long-Term Work Visa in Thailand ?

Thailand has strict rules for employing foreigners to prioritize job opportunities for local residents. If, as a foreigner, you wish to work legally in Thailand, you must obtain a work permit and the appropriate visa. This article will guide you through the two main paths to securing these permits.

1. Obtaining a Work Permit as an Employee

The first option is to be employed by a company authorized to hire foreigners. There is a strict requirement— the company must employ at least four Thai nationals for each foreign worker. The company must also meet several criteria, such as a registered capital of at least 2 million baht and proof of tax payments.

Additionally, you must have a Non-immigrant B visa, which allows a 90-day stay in Thailand during which you can apply for a work permit. This process requires several documents, including:

  • A valid passport,
  • An employment contract,
  • A health certificate,
  • Other company documents, such as registration and tax certificates.


2. Starting Your Own Company

If you plan to establish your own company, you have the option to employ yourself within it. However, note that even as the business owner, you are not permitted to perform any manual or active work. This rule is strictly enforced. Any physical or administrative tasks must be handled by Thai employees or foreigners with a valid work permit.

Steps to obtain a work permit as a business owner:

  • Establish a company where a Thai national must own at least 51% of the shares.
  • Lease a commercial space where the company will be officially registered.
  • Employ at least four full-time Thai nationals and pay their social security.
  • After three months of documented employment, you can apply for a work permit and subsequently a long-term work visa, which allows you to perform active business activities.

!ATTENTION!

As a business owner, you are not permitted to perform any tasks that should be handled by a Thai employee. This restriction also applies to communication with third parties or assigning tasks to employees.

**! This role must be fulfilled by a Thai partner !


Respect for Regulations: The Key to Business Success in Thailand

If you plan to do business or work in Thailand, it's essential to keep in mind that Thai authorities take compliance very seriously, especially regarding work permits for foreigners. Penalties for non-compliance can be strict, including heavy fines or, in extreme cases, deportation. On the other hand, if you adhere to the rules and secure all necessary documents, you'll ensure a safe and long-term presence in the country.

Thailand is open to foreign entrepreneurs and professionals, but respecting local regulations is key to success. Authorities may appear strict, as their goal is to ensure foreign workers don't take jobs meant for Thai citizens and that foreign investors fully comply with local laws.

If all formalities are in order, Thailand offers great opportunities for business and career growth. Therefore, working with local experts or lawyers is recommended to help avoid complications and ensure a smooth process.