It is best when you are working in a foreign country that you abide by the rules and regulations for your employment. Thailand has very strict laws governing the employment of foreigners. There are many areas of employment that are restricted to only Thai nationals and therefore foreigners are not allowed to work these jobs. Once you meet the requirements you will need to submit your Thailand work permit application to the Labor Department for approval. We will review the process for your work permit application.
Thai Work Permit Process: Obtaining a work permit requires an applicant to gather the necessary documents prior to applying.
First, the applicant must obtain a Non-immigrant visa category “B”. To receive a category B visa the applicant should file a petition with the Thai embassy in his or her native country at least 30 days before the planned departure. The applicant should include with the petition
1. Proof that the applicant has been offered a job or starts a Thai company and will employ himself or herself,
2. A request from the company that the applicant be granted a visa,
3. A statement from the company declaring the applicant to be dependable, upstanding and law abiding,
4. And finally, registration and financial statements from the company.
Second, once the category B visa has been granted the applicant and the employer should complete the necessary petition and provide a number of additional documents. The applicant should provide the following documents
1. The applicant’s passport along with copies of every page of the booklet (the copies must be signed by the applicant),
2. The non-immigrant visa category “B”,
3. The applicant’s departure card TM 6,
4. A signed copy of the applicant’s educational degree(s)
5. A signed copy of the applicant’s transcript
6. The applicant’s CV or Resume that describes past positions, duties, performance reviews, length of tenure at the positions, and the locations of employment
7. Three 5 X 6 photos of the applicant’s face that have been taken in the past six months
8. Any certificates or licenses held by the applicant (the copies must be signed by the applicant,)
9. Any marriage certificates if the marriage is to a Thai national (this includes the original and signed photocopies and the spouse’s ID card, birth certificates of children and household registration documents,)
10. Note: The Thai officials handling the application may require that the document be certified by the applicant’s embassy requiring a person to go to the embassy prior to submitting the document.
In addition to applicant’s documents, the company should also provide the following materials all of which require the seal of the company stamped on each page along with signatures of the Managing Director(s):
1. A Commercial Registration Department Certificate demonstrating that the company is registered as a juristic person (the document should include the name of the Managing Director(s) along with the registered capital and objections,)
2. A list of the shareholders that has been certified by the Commercial Registration Department,
3. A VAT Certificate – Phor Phor 20,
4. If necessary a factory license issued by the Factor Department of the Ministry of Industry,
5. And if the work permit is being renewed then a Withhold Tax – Phor Ngor Dor 1.
6. Note: Other documents may be requested.
Third, while these are required documents often times a job description can help in having the work permit approved. The job description should indicate why a Thai national would not be able to satisfy the job requirements. Additionally it is important to never let the applicant’s visa expire during the process of waiting for a work permit as it will reset the process. Finally, once the work permit has been approved the applicant must go to the Labor Department and sign the permit.
Additional Steps: Once you have a Thai Work Permit the applicant may or must complete a few additional steps in order to fully enjoy the permit.
· Obtaining a re-entry visa which allows the applicant to leave and reenter the country without forfeiting the visa or work permit.
· Renewing the visa and work permit if the applicant wishes to remain and work in Thailand for an additional period of time.
· Obtaining a Tax ID card and Tax ID Number which will be needed for tax documents.
· Report to the Thai Immigration Police every 90 days to ensure the work permit and visa are being maintained or if the applicant has a multiple re-entry visa then leaving and reentering Thailand will satisfy this requirement.