Thailand is an attractive destination for foreign investors seeking to establish their company due to its robust economy, strategic location, and business-friendly environment. However, navigating the visa and work permit requirements in Thailand can be a daunting task without proper guidance and expertise. To make this process smoother and more manageable, we have crafted a detailed checklist guiding you through every step of obtaining the proper documentation for your business endeavors in Thailand.

With Narai Partners' professional assistance, you can now streamline the process of acquiring visas and work permits, leaving you free to focus on building and expanding your SME in Thailand. Trust our team of experts to help you understand each requirement and obtain the necessary permits and visas in an efficient and timely manner. Let our comprehensive guideline backed by Narai Partners' experience and in-depth knowledge pave the way for a seamless and successful business establishment in Thailand.

Obtaining a Non-Immigrant Visa is usually the first step for foreign investors looking to set up an SME in Thailand. There are several types of Non-Immigrant Visas, including Business (B), Dependents (O), and Education (ED).

Non-immigrant B & Non-immigrant IB Visa

Step 1: obtaining a non-immigrant B or non-immigrant IB Visa

To begin with, it's essential to comprehend the different types of Thai business visas available for SMEs. There are two main categories: the Non-Immigrant Visa Category "B" (for business purposes) and the Non-Immigrant Visa Category "IB" (investment and business).

The Non-Immigrant Visa Category "B" is for foreign nationals who intend to work in Thailand or manage business operations within the country. This visa type includes conducting business, attending conferences, and participating in training sessions or workshops.

The Non-Immigrant Visa Category "IB" is specifically designed for foreign investors under the Board of Investment (BOI) privileges. Foreign nationals planning to invest in Thailand or undertake business-related activities must apply for this visa type.

Understanding which category applies to your SME will dictate the application process and requirements for your business visa. For more information on Thai business visa categories, visit the [Thai Ministry of Foreign Affairs website]

Step 2: obtaining a work permit

Once you have acquired a Non-Immigrant B Visa, the next step is to obtain a work permit, which allows you to work legally in Thailand. It is essential to note that working without a valid work permit can result in significant fines and deportation. The application process for a work permit involves the following documents:

  • Completed Work Permit application form
  • Non-Immigrant Visa and passport details
  • Recent passport-sized photo
  • Corporate documents of the hiring Thai company, such as business registration, certificate of capital, and list of shareholders
  • Position and job description
  • Educational and professional qualifications
  • Employment contract or offer letter
  • As part of Narai Partners' expert assistance, we ensure that your work permit application meets all legal requirements and is processed efficiently to prevent potential delays or rejections.

Visa Extension: Maintaining Legal Stay in Thailand

While initially issued Non-Immigrant Visas grant a stay of 90 days, you must apply for a visa extension upon receiving a work permit to continue staying in Thailand legally. An extension can be granted for up to one year and should be applied for at the local immigration office. The required documents for visa extension include:

  • Completed visa extension form
  • Valid passport and Non-Immigrant Visa
  • Work permit
  • Proof of financial means (at least 20,000 THB per month)
  • Employment certification letter
  • Corporate documents of the employing Thai company
  • Narai Partners can walk you through the visa extension process and help you gather and submit the
  • necessary documents accurately, ensuring a timely extension and avoiding any legal complications.

90-Day Reporting: Complying with Thai Immigration Rules

Foreign nationals holding a Non-Immigrant Visa and staying in Thailand for more than 90

consecutive days must report their address to the Thai Immigration Bureau every 90 days.

Failure to comply may result in fines and other penalties.

The reporting can be done through the following methods:

Reporting in person at a local immigration office

  • Authorizing a representative to report on your behalf
  • Online reporting for eligible individuals
  • Narai Partners' extensive knowledge of Thai immigration rules ensures that you remain fully compliant and up-to-date with all requirements, including the 90-day reporting, minimizing the risk of fines or other penalties.

Re-entry Permit: Preserving Visa Validity during Trips Abroad

If you plan to travel outside Thailand during your Non-Immigrant Visa's validity, it is essential to obtain a re-entry permit before departure. Failing to acquire a re-entry permit can result in your current visa being canceled upon leaving the country, forcing you to re-apply for a new visa.

You can acquire either a single re-entry permit or a multiple re-entry permit, depending on the number of trips you plan to make. To obtain the re-entry permit, you should provide:

  • Completed re-entry permit application form
  • Valid passport and visa
  • Recent passport-sized photo
  • Applicable fees
  • Our team at Narai Partners understands the complexities of maintaining visa validity during international travel and can help you efficiently acquire the necessary re-entry permit, saving both time and effort.

Smart Visa

Thailand has been making a series of efforts in driving the economy through innovation. The Thai Government has taken another step to attract talents and technologies with a view to further developing its targeted industries or the so called S-Curve industries. The SMART Visa program has then been designed to enhance Thailand's attractiveness in drawing science and technology experts, senior executives, investors and startups. The program has been launched on February 1, 2018.

Information found on: https://smart-visa.boi.go.th/smart/pages/about.html

Who is eligible to apply for a Smart visa?

The SMART Visa is a new type of visa designed to attract highly skilled manpower and investors to help accelerate the development of the country's targeted industries. SMART Visa is offered to foreign experts, executives, entrepreneurs and investors who wish to enter into the Kingdom of Thailand to work or to invest in the following "13 S-Curve industries" or the country's targeted industries.

Information found on: https://smart-visa.boi.go.th/smart/pages/about.html

  • Conditions and requirements to apply for a Smart visa
  • The applicants for SMART Visa must have qualifications according to the criteria specified by the office of the Board of Investment. Their qualifications will be verified by relevant agencies. After technical and non-technical endorsements have been obtained, the SMART Visa unit will then proceed to issue a letter of qualification endorsement which the applicant will bring to the Royal Thai Embassies or Royal Consulates (in case of residing overseas) or the Immigration Bureau at the One Stop Center for Visas and Work Permits or EEC Labour Administration Center in Chonburi in order to file for SMART Visa.

Information found on: https://smart-visa.boi.go.th/smart/pages/about.html

How to apply for a Smart visa?

  • Register for online qualification endorsement application for SMART Visa on https://smart-visa.boi.go.th and activate an online account through a confirmation e-mail.
  • Complete an application form for the type of SMART Visa you wish to apply (T, I, E, S, and O if any) and make sure that you have a PDF version of the required documents you will need to upload and submit after the application form and required documents are all uploaded. By completing the online application, you confirm that you have read, understood and accepted the qualification endorsement requirements.
  • Within 30 working days after having received complete documents, OSS will notify the applicant, the Immigration, the Ministry of Foreign Affairs and the relevant agencies of the result of qualification endorsement application.
  • The qualified applicant can then proceed with applying for SMART Visa issuance at one of the following places, within 60 days from issuance date of the endorsement letter, which will be used as one of the supporting document for application. The processing fee is 10,000 Baht per year of visa permission (cash only).
  • The Royal Thai Embassies/The Royal Thai Consulate Generals (in case of residing overseas)
  • The Immigration at One Stop Service Center for Visa and Work Permit(OSS), Chamchuri Square Building, Bangkok
  • EEC Labour Administration Center in Chonburi
  • Information found on: https://smart-visa.boi.go.th/smart/pages/about.html

Long Term Resident (LTR) visa & Elite visa

Who is eligible to apply for a LTR visa?

Five categories of eligible persons

  • Wealthy Global Citizen with total assets of at least USD 1 million / personal income of at least USD 80,000/year / at least USD 500,000 invested in Thailand.
  • Retired (Wealthy Pensioner) with a personal income of at least USD 80,000/year.
  • Work-From-Thailand Professional with a personal income of at least USD 80,000/year / with at least 5 years' professional experience / working in a legally registered company and a company with revenues of not less than USD 150 million over the last 3 years.
  • Highly-skilled Professional with a minimum personal income of USD 80,000/year / Qualified in the target industry / At least 5 years' professional experience
  • Spouse and children under 20 of LTR visa holders (maximum 4 dependants in total per LTR visa holder)
  • Benefits for LTR visa holders
  • 10-year visa (renewable)
  • Exemption from the employment requirement ratio of 4 Thais to 1 foreigner
  • Fast Track service at international airports in Thailand
  • Declaration to immigration authorities after 90 days extended to one year and re-entry permit exemption
  • Immigration and work permit facilitation services
  • Authorisation to work in Thailand (digital work permit)
  • 17% personal income tax for highly qualified professionals

Information found on : https://www.thaiembassy.fr/fr/visa-rdv/les-types-de-visa-et-les-documents-necessaires/visa-de-resident-de-longue-duree-ltr/

Conditions and requirements to apply for LTR visas

Visa application and issuing

  1. Application to the Office of the Economic Adviser (BOI)

Register and submit an online application for an LTR visa and supporting documents on the BOI website. You can find details of the supporting documents and the steps to follow on the site indicated above.

Within 30 working days of receiving the complete documents, applicants will be informed of the outcome.

  1. Proceedings at the Embassy (E-Visa)

Once you have received a positive reply, you have 60 days to submit your visa application online with the embassy on the E-visa website. Applicants already resident in Thailand may also submit their visa application to the immigration offices in Thailand within 60 days of the date of issue of the letter of endorsement.

Documents to be provided online on the E-visa website

  • Passport information page (The passport must still be valid for at least 6 months on the date of departure).
  • Official colour passport photo (Photomaton) less than 6 months old
  • Letter of authorisation from the BOI less than 60 days from the date of issue.
  • History of your most recent trips in the last 12 months
  • Proof of residence in France/Monaco: mobile phone bill, landline phone bill, internet bill or electricity bill showing your first and last names.
  • LTR visa fee: 1,750€

Information found on: https://www.thaiembassy.fr/fr/visa-rdv/les-types-de-visa-et-les-documents-necessaires/visa-de-resident-de-longue-duree-ltr/

Categories of Elite visa

The Thailand Elite Visa is a long-term visa given to the Thailand Privilege Card members. It is categorized under Tourist Visa (Privilege Entry Visa "PE") allowing residency in Thailand along with benefits for a period between 5, 10, or 20 years depending on the chosen package in exchange for a membership fee.

  • The Thai Elite Visa is a 5-year renewable multiple entry visa with an extendable 1-year length of stay per each entry.
  • The Thai Elite visa holder can have an uninterrupted stay in Thailand without the usual need to leave the country every 90 days as with the other visa types.
  • The Elite Visa holder will be represented by the Thai Elite staff on the 90-day reporting as required by Thai Immigration.
  • Thai Elite Visa holders will receive expedited immigration formalities and passport control processing when arriving in Thailand.
  • Information found on: https://www.thaiembassy.com/thailand-visa/thai-elite-visa

Conditions and requirements to apply for Elite visas

The applicant/member must have and maintain to have the following qualifications:

  • Holder of a foreign passport
  • Being allowed to stay in Thailand in accordance with the immigration laws, which means the applicant has no overstay record in Thailand
  • No age limit is required for this program apart from the Elite Ultimate Privilege (Premium Package) which requires to be at least 20 years old
  • Not having been sentenced by a judgment to imprisonment in any country except for an offense committed to negligence
  • Not having been adjudicated bankrupt
  • Not having been declared as a person of unsound mind, incompetence, or quasi-incompetence
  • The application for the Thai Elite Privilege Card membership and the Thai Elite Visa may take 1 to 3 months.

Information found on: https://www.thaiembassy.com/thailand-visa/thai-elite-visa

Work permit

If you're planning to work in Thailand, you''ll also need to secure a work permit in addition to your business visa. A work permit is a legal document that grants foreign nationals permission to work in Thailand under specific conditions, such as the type of work and duration of stay.

A work permit is a mandatory document required by foreign individuals seeking lawful employment in Thailand. Acquiring a work permit is essential because without one foreign workers may be subject to various penalties and legal consequences.

How to apply for a work permit in Thailand?

If you're planning to work in Thailand, you'll also need to secure a work permit in addition to your business visa. A work permit is a legal document that grants foreign nationals' permission to work in Thailand under specific conditions, such as the type of work and duration of stay.

To apply for a Thai work permit, you'll need to provide additional documents, including:

  • Your valid business visa and passport
  • A completed Work Permit Application Form
  • A medical certificate issued within the past 30 days
  • Proof of educational qualifications or professional certifications
  • A letter of employment or an employment contract
  • Work permit fees, typically around $60 to $200, depending on the duration of the permit
  • In general, the Thai work permit application should be submitted to the Ministry of Labour or the Board of Investment (for BOI-promoted companies). The processing time for work permit applications can take up to seven business days.

Who can sponsor a work permit?

Before employing foreign workers, companies are required to satisfy specific conditions, which encompass the following:

  • Being officially registered in Thailand.
  • Having applied for both a tax identification number (tax ID) and VAT registration.

Depending on the ownership structure of the company, additional conditions apply:

  • If the company is a Thai limited company with Thai majority ownership, it must possess a minimum paid-up capital of THB 2 million for each foreign employee.
  • In the case of foreign majority ownership, the company must maintain a minimum paid-up capital of THB 3 million for each foreign employee.
  • The 8 crucial steps to renew your work permit

Renewing your work permit in Thailand is a necessary process for foreign employees wishing to extend their stay and continue working in the country. Navigating the renewal process can be time-consuming and confusing, with various legal requirements and documentation needed. To help you avoid complications and ensure a smooth experience, we've put together a detailed guide outlining the eight important steps to renew your work permit in Thailand.

Moreover, you'll learn how partnering with Narai Partners can relieve the stress of the renewal process and guarantee a streamlined experience. Our professional assistance offers guidance and support throughout each step, ensuring your work permit renewal is completed accurately and on time. Read on to discover the essential steps for renewing your Thai work permit and how Narai Partners can contribute to a hassle-free process.

  1. Assess Your Work Permit Renewal Eligibility

Before beginning the renewal process, take the time to assess your eligibility for work permit renewal. In general, you must meet the following requirements:

Possess a valid non-immigrant visa or a residence permit

Have an employment contract, job offer, or letter of employment from your employer

Earn a minimum salary, as outlined by Thai Immigration Bureau regulations

Ensure that you satisfy these requirements, as failure to do so may hinder or prevent the renewal of your work permit.

  1. Assemble the Required Documentation

To expedite the renewal process, gather all necessary documentation beforehand. Required documents typically include the following :

  • Copies of your passport (information page, current visa, and immigration entry stamp)
  • 2 passport-sized photos (3.5×4.5 cm)
  • Your current work permit (original and photocopy)
  • Letter of employment or job offer from your employer
  • Company documents, including but not limited to a list of shareholders, VAT registration, and financial statements (as provided by your employer)
  • It's essential to have all documents on hand, as incomplete submissions may delay or prevent the renewal process.
  1. Certify the Documents

To validate the documentation for your work permit renewal, you will need to obtain certification.

This is generally done at the Ministry of Foreign Affairs in Thailand. Bring all the necessary documentation, pay the required fees, and receive certification for your paperwork. Note that processing time may vary, so allocate sufficient time for this step.

  1. Complete the Work Permit Renewal Application

Once you've collected and certified your documents, begin completing the work permit renewal application. Your employer can provide you with the necessary form, known as Form WP.5.

Take your time when filling out the application to ensure accuracy and completeness, as errors may cause delays or rejection. Be prepared to provide the following information on the form:

Personal details, including your name, nationality, passport number, and date of birth

Employment details, such as job title, work location, and salary

Employer's information, including name, tax identification number, and employment contract details

  1. Schedule an Appointment at the Local Employment Office

With your application and documents in order, schedule an appointment at the local Employment Office responsible for issuing work permits in your area. You can schedule your appointment online or by phone. Be sure to select a date before your current work permit expires to avoid potential complications with your immigration status.

  1. Submit Your Application and Attend the Appointment

On the day of your appointment, go to the local Employment Office with your completed application and required documents. Be prepared to pay the work permit renewal fee, which varies depending on the duration of your renewed permit. While there, you may be required to complete additional forms or provide further information, so ensure you have a clear understanding of your employment situation and job duties.

  1. Wait for the Approval of Your Renewed Work Permit

After submitting your application and completing your appointment, you'll need to wait for the approval of your work permit renewal. The processing time may vary, ranging from a few days to several weeks, depending on the office's workload. It's crucial to stay in regular communication with your employer and the Employment Office during this waiting period. This will allow you to address any issues or provide additional information as needed promptly.

  1. Receive and Verify Your Renewed Work Permit

Upon approval of your application, you will receive your renewed work permit, either via mail or by picking it up in person at the Employment Office. Double-check all the information on your permit to ensure accuracy. If you find any discrepancies, contact the Employment Office immediately to have them resolved.

  1. How Narai Partners Can Help Streamline Your Work Permit Renewal Process

Navigating the work permit renewal process in Thailand can be overwhelming without professional assistance. Partnering with Narai Partners can significantly streamline the experience and offer the following advantages:

  • Expert guidance through each step of the process, including eligibility assessment, document preparation, and application completion
  • Assistance with document certification at the Ministry of Foreign Affairs
  • Liaising with your employer to obtain the necessary company information and documentation
  • Scheduling appointments with the local Employment Office on your behalf
  • Ongoing support and communication throughout the entire renewal process
  • By working with Narai Partners, you can save time, minimize stress, and maximize your chances of a successful work permit renewal in Thailand.

Punishment

Violations of regulations regarding work permits in Thailand can result in significant penalties for both foreigners and employers, including:

For Foreigners:

Working without a valid work permit may lead to imprisonment for a maximum term of five years or a fine ranging from THB 2,000 to THB 100,000, or both.

Engaging in work or working at a location not permitted in the work permit can result in a fine of up to THB 20,000.

For Employers:

Hiring a foreigner who lacks a valid work permit may result in a fine ranging from THB 10,000 to THB 100,000.

Employing a foreigner in work or at a location not specified in the work permit can lead to a fine of not more than THB 10,000. It is crucial for both employees and employers to adhere to the regulations and requirements governing work permits to avoid these legal consequences in Thailand.

Permanent Residency Permit (PR) & Thai Citizenship

Who is eligible to apply for PR?

Many people want to stay permanently in Thailand as it is one of the most sought-after destinations in South East Asia offering a low yet convenient standard of living.

There are a lot of inquiries from foreigners who are constantly on a trip to the Land of Smiles as to how they can apply for Thai Permanent Resident status.

Obtaining status as a Permanent Resident (PR) in Thailand has many advantages. It allows you to live permanently in Thailand, with no requirement to apply for an extension of stay. You can also have your name on a house registration document, and you will be able to buy a condominium without making a bank transfer from abroad. Getting a work permit is also made easier once you have PR status.

In addition to this, you can be eligible to become a director of a Thai public company, as well as eventually apply to become a naturalized Thai citizen. You will also be able to apply for an extension of stay and Permanent Resident status for your non-Thai family members.

Information found on: https://www.thaiembassy.com/thailand-visa/permanent-residence-thailand

What are the conditions and requirements to apply for a PR?

All applications for Thai Permanent Residency are processed by the Royal Thai Immigration Commission. The annual quota for granting permanent residency in Thailand is a maximum of 100 persons per country. The application period for Thai PR is usually between October and December.

In order to apply to become a Thai Permanent Resident, you must meet the following criteria:

You must have had a Thai non-immigrant visa for at least three years prior to the submission of your application. Holders of multiple NON-Immigrant visas can not apply. You must have 3 consecutive yearly extensions to qualify.

You must be a holder of a non-immigrant visa at the time of submitting your application.

You must be able to meet one of these categories to apply for PR status in Thailand:

Investment category (minimum 3 – 10 Mil. Baht investment in Thailand)

Working/ Business category

Support a family or Humanity Reasons category: In this category, you must have a relationship with a Thai citizen or an alien who already posses a residence permit as a husband or wife; father or mother; or a guardian of a Thai child under 20 years of age.

Expert / academic category

Other categories as determined by Thai Immigration

You should note that the list of required documents for the application depends on the category under which the application is made.

Once your application for Thai Permanent Residency is approved, a residence blue book is issued to you. You must then register your place of residence in Thailand and obtain a house card. A week after the receipt of your residence certificate you can then apply for an alien book (red book) at the local police station, which is the equivalent of the Thai national ID card. You must re-register there every year.

The Residency Permit itself never expires unless revoked. To be able to leave the country and return to Thailand, however, requires you to apply for a re-entry permit (endorsement).

You can file an application to become a Thai naturalized citizen after holding Permanent Resident status in Thailand for 10 consecutive years.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.