When you work in a foreign country, you better abide by the rules and regulations of your employment. Thailand has very strict laws governing the employment of foreigners. There are many areas of employment that are restricted to Thai citizens only, and therefore foreigners are not allowed to work in these jobs. Once you meet the requirements, you will need to submit your Thailand work permit application to the Department of Labor for approval. We will review the process for your work permit application.
Thai work permit process: Obtaining a work permit requires the applicant to gather the necessary documents before submitting the application.
First, the applicant must obtain a category “B” nonimmigrant visa. To receive a category B visa, the applicant must file a petition with the Thai embassy in their home country at least 30 days before the intended departure. The applicant must include with the petition
1. Proof that the applicant has been offered a job or starts a Thai company and will be self-employed,
2. A request from the company to grant the applicant a visa,
3. A statement from the company declaring that the applicant is dependent, upright and respectful of the law,
4. And finally, registration and financial statements of the company.
Second, once the Category B visa has been granted, the applicant and employer must complete the necessary application and provide a number of additional documents. The applicant must provide the following documents
1. The applicant’s passport together with copies of all booklet pages (copies must be signed by the applicant),
2. The category “B” nonimmigrant visa,
3. Departure card of the applicant TM 6,
4. A signed copy of the applicant’s educational qualifications
5. A signed copy of the applicant’s transcript.
6. The applicant’s resume describing previous positions, duties, performance reviews, length of service, and places of employment.
7. Three 5 X 6 photos of the applicant’s face that have been taken within the last six months
8. Any certificate or license held by the applicant (copies must be signed by the applicant)
9. Any marriage certificate if the marriage is to a Thai citizen (this includes the original and signed photocopies and ID card of the spouse, birth certificates of children, and household registration documents)
10. Note: Thai officials handling the application may require the document to be certified by the applicant’s embassy, which requires a person to go to the embassy before submitting the document.
In addition to the applicant’s documents, the company must also provide the following materials, all of which require the company seal affixed to each page along with the signatures of the CEOs:
1. A Certificate from the Department of Business Registration proving that the company is registered as a legal entity (the document must include the name of the Managing Director(s) together with the registered capital and objections)
2. A list of shareholders that has been certified by the Commercial Registry Department,
3. A VAT Certificate – Phor Phor 20,
4. If applicable, factory license issued by the Department of Factors of the Ministry of Industry,
5. And if the work permit is renewed, then a tax withholding – Phor Ngor Dor 1.
6. Note: Other documents may be requested.
Third, while these are required documents, many times a job description can help get your work permit approved. The job description must state why a Thai citizen would not be able to satisfy the job requirements. Also, it is important to never let the applicant’s visa expire during the process of waiting for a work permit, as it will restart the process. Finally, once the work permit is approved, the applicant must go to the Department of Labor and sign the permit.
Additional steps: Once in possession of a Thai work permit, the applicant can or must complete some additional steps to fully enjoy the permit.
optional steps
Obtain a re-entry visa that allows the applicant to leave and re-enter the country without losing the visa or work permit.
Renew the visa and work permit if the applicant wishes to stay and work in Thailand for an additional period of time.
Necessary steps
Obtaining a tax identification card and a tax identification number that will be required for tax documents.
· Report to the Thai Immigration Police every 90 days to ensure that the work permit and visa are maintained or, if the applicant is on a multiple re-entry visa, exit and re-entry from Thailand will comply with this requirement.