-Introduction-
To work in Thailand is required work permit. In any case, before you can apply for and be able to obtain a work permit is need to get a non-immigrant visa, which is absolutely necessary for the release of same. The view in question is normally applied for and obtained by application to the Authority 'Thai consulates before arrival, in any case it may also be requested only after turning increasingly to Authorities Thai consulates in neighboring countries or at least close to Thailand, for example Malaysia, Singapore, Cambodia, Laos and Hong Kong. Here are the steps to follow:
Requirements for Non Immigrant Visa:
For visa and 'need a letter from the Society' for which you will work 'which covers at espostyo below:
• That the applicant has been offered a position on the premises;
• the Company 'requires the issuance of Non-Immigrant Visa for the further application of work permits;
• The statement of the Society that person, future employees will be loyal and attentive to compliance with all rules concerning the work in the Kingdom of Thailand.
Visa is generally required several days before the date fixed for the return to Thailand from the country you are visiting, usually 3 days. The consular officer may also request copies of documents of company registration, is which you will work. Recently consulates to warn people who are in possession of Non-Immigrant Visa for a replacement that will show the work permit or at least a possible justification for the delay of release (sometimes attack a note with a stamp on the side of seeing the same). In addition, since 11:09:01, infamous date, The Law Thai Visa, Visa re-entry, etc.. is changed, the best is always to contact the Thai Foreign Ministry to receive the latest information on wrappers richeisti.
Consulate
Normally the most 'foreigners already' in the territory, seeking to obtain the Non-Immigrant Visa visiting one of the Consulates / Embassies in neighboring countries. These can be for example Penang, Kota Baru, Phnom Penh, Kuala Lumpur, Singapore, Ho Chi Minh City, Hanoi or Manila, to name a few. Thai Embassies and Consulates in the Western states, including Italy, of course, can of course issue the visa in question. Hong Kong seems to be an Exception, numerous testimonies seem to stress the fact that "Thai embassy in Hong Kong has earned a reputation as" difficult ", because the rate of denials is very high, very picky.
PROCEDURE:
1: Getting a non-immigrant visa
If you want to work in Thailand, you need a work permit. However, before you can apply or be issued a work permit you must have a non-immigrant visa. This is required to apply for a work permit. It can be acquired prior to your arrival. It also often can be arranged in Thailand after your arrival or if you are in Thailand already and must depart for various reasons can be arranged at a Thai Consular Office in a neighboring country. Here are the steps you must follow:
Requirements for getting a non-immigrant visa outside the country
To get a non-immigrant visa at a Thai Embassy you need a letter on company letterhead that states the following:
• the applicant has been offered a job
• the company requests that the applicant be given a non-immigrant visa so the company may apply for a work permit for them
• The company knows the person to be dependable, upstanding and law abiding and that they will respect the laws and customs of the Kingdom of Thailand.
Generally you should apply for this visa several days before you plan to leave the country outside of Thailand that you are visiting. The Consulate or the Consular Officer may also ask for copies of the registration documents from the company you are going to work for. Prior to applying for the visa, you may want to ask that a Thai employee at the company you plan to work for calls the Foreign Ministry in Bangkok to find out exactly what documents are required in this case and that these are provided to you. Recently, consulates have been warning people who have non-immigrant visas that they must present their work permits to get another visa next time (they even stamp this message next to the visa). Also since 9-11, Thailand’s laws on visas, re-entry permits, etc. have changed and it is best to try to get the latest information from the Royal Thai Foreign Ministry so that you have all the documents you will need.
Consulates
Typically, most foreigners who have previously been in Thailand seek their non-immigrant visa at one of the Thai Consulates in a neighboring country. These are either Penang, Kota Baru, Phnom Penh, Kuala Lumpur, Singapore, Ho Chi Minh City, Hanoi or Manila. The Royal Thai Embassies and Consulates in the U.S., Australia and Britain can also issue the necessary visa. All of these Consular operations can issue the necessary visa and all are well experienced in the process. The one current exception to this prompt processing is Hong Kong. We have heard several complaints about the Consulate in Hong Kong which has always had a reputation for being difficult. The Consulate there has a very high rejection rate.
In any case CHECK AHEAD! Conditions change frequently. If you are in Bangkok, call the Foreign Ministry or have your company do so. Also, oftentimes you can check on the web or with friends as to their recent experiences.
In applying for a non immigrant visa at a Thai Consulate in a neighboring country, beware that some overzealous Consulate staff may ask you things like "how do you like working in Thailand or how has you company treated you so far?" This is often a way to trick you into disclosing information that might indicate you are working without a permit. Be careful in how you reply and only answer questions asked.
Multiple-entry visas
Remember, it is always best to get a multiple-entry visa so you will not have to waste time and expense on visiting a consulate for a new visa every three months (in the event there is some problem with your work permit paperwork or you cannot get a long visa). Oftentimes, the Consulate will try to encourage you to get a single-entry and may even tell you that they do not issue multiple-entry visas. They do, however, and often a patient and friendly approach will get you what you seek. Current cost of a Non Immigrant Visa, Single entry is 2,000 Baht. Cost of a multiple entry non-immigrant visa for use within one year is 5,000 Baht.
Extending Your Visa in Country
Until about a year ago, extending a non-immigrant visa was a laborious process that required you to take similar paperwork required by the Labor Department for your work permit. Now, all that has changed and you can get a one-year extension in country in most cases.
A few days before your visa expires bring the following documents to the Immigration Department:
• your passport
• your work permit
• copies of your passport showing the picture page, entry stamp and other stamps that relate to your stay in Thailand
• copy of your work permit
• copy of your employment contract or a letter from the company on their letterhead stating you have been accepted for employment and indicating your starting gross monthly salary and duration of employment)
• one passport photo
• copy of forms showing the company has applied for a taxpayer ID number for you or the actual tax ID card
• copies of your last six months Palmador One forms. Palmador 1 is a form that lists the salaries and tax paid for every member of a company. The company must pay the total taxes each month and they get a little yellow receipt to show they have paid. For each month you must copy the first page, the page your name appears on, and the receipt showing that the company paid.
• Possibly your bank book. This has been required recently.
• Immigration specifically asks that a Thai staff member from the company accompany the foreigner down to Immigration to help translate, answer questions and help resolve any issues. This is a good idea and should be followed.
• Application fee for a visa extention is 1,900 Baht. The above provisions change from time to time, so please have a Thai staff member of your company check before you go.
2: Getting a Work Permit
Required papers for a work permit
After you have your non-immigrant visa, you can now apply for a work permit. Here are the papers generally required from the prospective employee to start a work permit:
• copy of the picture page/identification page of your passport (the one with your photo and passport number)
• your non-immigrant visa
• copy of the passport page with your current entrance stamp
• copy of your entry card
• Copy of your degree or resume or transcript - sometimes they require it be certified by your country's embassy (this requires bringing your degree or resume to your embassy, declaring it is a true and original document and then paying an authentication fee.
• a doctor's certificate stating you are in good health (this can be arranged quickly in Thailand and generally costs less than 100 baht and usually does not required any actual exam
• 2 color, 4 by 5 centimeter photos (this is the photo size used by most photo shops in Thailand for Visas. This is not a Passport photo size which is different.
• Three to Five Thousand baht (depending on the length of your work permit.
• Additionally, your employer will be required to submit tax and legal documents concerning the nature of their business and employees.
Getting the Work Permit Approved
A job description is often the determining factor in the approval or denial of a work permit. Unless the written job description requires skills that a Thai is not likely to possess, the applications will not be approved. One option to save time is to ask a Labor Department employee to suggest a job description that will fall under a classification that can be accepted. Most Labor Department staff will not volunteer this information, but if you ask, they will generally suggest some possible job titles.
The Labor Department often seems to want to reduce the number of permits actually issued to help demonstrate that they are protecting Thai jobs. Therefore if your company applies for three permits, they may approve only one or possibly two. It is unlikely that all three will be approved
Once the papers are submitted for a Work Permit
Once you submit the documents for a work permit, you must not let your visa expire. The Labor Department’s system links the non immigrant visa you listed on your application to the work permit paperwork. Even if you have a double- or triple-entry visa, you cannot go out again without invalidating your work permit papers. If you do have to go out of country and return on the same visa, you must get a reentry permit from Immigration. The reentry permit, like a work permit, is valid until your visa expires. (Please see the section later in this article on reentry permits.)
If you cannot get your work permit approved before your visa expires, you may have to get your visa extended. You can always get an extension of two weeks (it is a stamp that says your application is ``under consideration'') and then a further extension of one week (this stamp usually says your extension of stay is rejected and you must leave in one week).
In terms of time expectations, processing of your work permit can require several weeks or even months.
Signing for your new work permit
Generally to receive your work permit, you must go to the Labor Department in the Huay Kwang area with your passport and sign a document acknowledging receipt. The Labor Department puts a stamp in the back of your passport at the time of receipt.
Don’t let your work permit expire
If your work permit expires before you submit the papers for renewal, the work permit is invalidated and you will have to start from scratch and apply for a new one. Renewing a work permit is always much; much easier and less costly than trying to remedy an expired work permit. To save you aggravation, always return from your visa renewal trip before your work permit expires. If you cannot leave before the permit expires, you have to fill out the work permit form and leave it, along with the work permit and 500 baht fee, at the Labor Department. You MUST do this to prevent the work permit from expiring. When you return from outside of Thailand your work permit will be extended according to your new visa.
In several recent news articles and in speeches to various groups the Labor Department has noted that although many aspects of work permits are vague and accommodations can be made that the Department is very strict concerning the expiration of work permits. If the permit expires, you will have to start from the beginning and apply for a new one
Restrictions on Your Work Permit
The work permit once approved allows you only to work at the noted company and location. If your change employers or place of work, you must get a new work permit. Also if you resign or are terminated or laid off, according to the law within 10 days of this, you must return you work permit to the Labor Department. Don't count on your company doing this as you are the person liable if they don’t. Also please note that to get another work permit at any other company that generally a written recommendation is required from the last company where you held a work permit. Keep this in mind as oftentimes it can save you additional work.
3: The Tax ID Card
Once your 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 will be needed to be listed often in the future on documents.
4: Getting a Re-entry Permit
Visa vs. a Re-entry Permits
A lot of people misunderstand the difference between a visa and a re-entry permit much to there own disadvantage. Here is the key point: your visa is the controlling document. Everything is dependent on the dates there. Your reentry permit or work permit is only good till the date stamped in your passport to leave the country. Any reentry permit you get will expire when your visa expires. If you depart the country without a re-entry permit, your visa is invalidated as will be your work permit. This is a key distinction so after going through the process of getting a longer term visa and a work permit; please ensure you have a re-entry permit before departing the country. Also, for your initial trips after getting the visa and work permit, you may have someone knowledgeable look over your documents prior to leaving on the trip.
How to get a reentry permit
- Go in the morning (before noon), in person, to Immigration. The reentry window is on the ground floor on the left side. If you truly require your reentry permit the same day or you've submitted it after noon, the officers will accept "an expedited service fee" to get the job done.
- Here is the process:
• Submit a Re-entry request form
• Three passport-sized photos
• One thousand baht for one reentry or 3,800 Baht for a multiple reentry. Keep in mind that the reentry permit expires when your visa expires or if you get any visa extension stamp in your passport.
When you present the above, you will receive a receipt and be told to return in the afternoon (or the next day if you submit it late) to pick up your passport. If this is inconvenient, you can send someone else to pick it up. All that is required to pickup the re-entry permit is the receipt. You can send someone else to pick it up and all they need is the receipt.
5: Renewing your visa and work permit
Your work permit expires when your visa does. Therefore you will have to renew your visa before you can renew your work permit. This can either be done in-country or in some cases you must leave the country. If you cannot get your visa extended in country, you will have to get a new non-immigrant visa from a Thai 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 overseas, you will need to provide the consulate copies of your work permit and a new visa recommendation letter from your company on company letterhead. Some consulates have required the actual work permit (not a copy) be presented to them. Again, this is why it is good to check with the Foreign Ministry and with others with recent experience with the Consulate you will be utilizing to get updated information. Again, all of this must be done before your work permit expires.
Helping Your Chances
The more complete and official-looking documents you submit (i.e. Thai tax returns, Thai taxpayer identification card, etc.), generally the better. Usually you are wise to carry them with you in case you need them. However, only show them if asked or if it seems that your request will be refused. Once you return with your new visa, your work permit can be extended.
- Work permit rules in Thailand-
Text from Bangkok Post, 2002
Valid for 12 months, ready within a week
Renewable work permits will be issued to foreigners for 12 months under a rule revamp approved by the Labour Ministry.
Requests must also be processed within seven days.
Minister Dej Boonlong said the Employment Department brought in the changes after complaints about delays in issuing work permits.
Where permits are declined applicants have the right to appeal to the minister via the department chief or registrars within 30 days.
Petitions must be sent on in 15 days to the alien-labour panel which will send its comments to the minister, who in turn must hand down a final ruling within 30 days.
"We have a duty to ensure convenience, create incomes and jobs and bring new technology to the country,'' said Mr Dej.
"Foreigners can work here on a one-year basis and must have their permits renewed before they expire. They will pay no more than 1,000 baht in fees a year.''
To be eligible, foreigners must do one of the following:
- Serve workplaces with registered capital of at least two million baht. One foreigner can be hired for every two million baht of capital.
- Serve workplaces which have paid taxes of at least five million baht in the past three years. One foreigner can be hired for every five million baht in tax.
- Serve export firms which bring in foreign currency of at least three million baht a year. One foreigner can be hired for every three million baht in income, up to a maximum of three foreigners.
- Serve workplaces which employ no more than five foreign workers, where the firm observes a ratio of 50 Thai workers for every one foreigner.
- Pay at least 18,000 baht in personal income tax in the past year.
Foreigners who have not worked here before must produce documents from potential employers confirming they will be paid at least 30,000 baht if they are single and 45,000 baht each if they are married.
However, the Employment Department head is empowered to issue or renew work permits without taking tax payments into account in exceptional categories, where the foreigners must be either:
- International trade representatives who audit product quality, purchases and market status.
- Advisers in investment, management, technology or internal auditing.
- Tourism workers bringing foreigners to Thailand for tours
- Working at international financial institutes endorsed by the Bank of Thailand.
- Working on a temporary basis for entertainment, religious, social welfare, cultural and sporting businesses which pay taxes to the state.
- Working as a contractor on projects for state agencies or public enterprises
- Working with local raw materials
- Working in areas where there is a shortage of Thai labour.
- Married to Thai citizens with decent jobs.
Foreigners wanting to take urgent jobs in Thailand must contact the Employment Department for consent.
Under the Investment Promotion Law, aliens are allowed to come to Thailand to conduct research in investment opportunities, or for other matters which might benefit investment. In this regard, the BOI will grant permission to stay in Thailand for not more than six months at a time
A promoted company will be allowed by BOI to bring in foreign personnel as skilled technicians and experts together with their families. The duration of one year at a time for the work permit will be allowed except for positions, which have been approved to work in the promoted company for more than two years.
However, BOI encourage the employment of Thai nationals as managers or technicians.
Recently, BOI set up a One-Stop Center to handle all aspects of visa extensions and issuance of work permit, including work permit extensions, issuance of reentry permits, and changes in type of visa to non-immigrant. The office is expected to be able to process extensions of visas and work permits within three hours, assuming all necessary supporting documents are provided.
The Alien Occupation Law, adopted in 1973, requires all aliens working in Thailand to obtain a Work Permit prior to starting work in the Kingdom. The Work Permit will be valid only for the period of time that the alien's Non-Immigration Law. The Work Permit will be subject to renewal in accordance with the renewed or extended visa. The Labor Ministry will in principle grant an initial duration of one year for the Work Permit. A Work Permit must be renewed before its expiry date or it will automatically lapse.
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