I. GETTING TO THAILAND & WORKING IN THAILAND

1. Andorra
2. Bulgaria
3. Bhutan
4. China
5. Cyprus
6. Ethiopia
7. India
8. Kazakhstan
9. Latvia
10. Lithuania
11. Maldives
12. Malta
13. Mauritius
14. Romania
15. San Marino
16. Saudi Arabia
17. Taiwan
18. Ukraine
19. Uzbekistan

All other nationals from countries not so listed would have to obtain a tourist visa prior to travel from the Thai Embassy or Consulate located in that country.

Question:  Can I convert my tourist visa to another type of visa while in Thailand? 

Answer: Yes, that is possible.

Question:  What types of visas are available and how do I qualify? 

Answer: The following types of visas may be issued by a Thai Embassy or Consulate or Thai Immigration Office if accompanied by adequate supporting documents as described below:

§  Transit: Transit Visas are typically issued for an onward journey to another nation where there is no direct flight. Therefore, such third nation visa would be required to be produced for scrutiny. Other necessary documentation includes:

1. Passport of minimum validity of 6 months with third nation visa,

2. Application form duly completed and signed;

3. Recent passport-quality 2.5”x2.5” photograph;

4. Copy of return ticket; and

5. Letter of invitation if necessary.

§  Tourist: Tourist Visas are issued for tourism purposes. Necessary documentation includes:

1. Passport of minimum validity of 6 months;

2. Application form duly completed and signed;

3. Recent passport-quality 2.5”x2.5” photograph;

4. Copy of return ticket; and

5. Confirmed hotel booking or letter from guarantor for duration of stay.

§  Non-Immigrant: The application form for a non-immigrant visa would have to be accompanied by a passport with minimum validity of not less than 6 months. If a one year visa is required, the validity of the passport must not be less than 18 months. The application would require a completely filled out visa application form with applicant’s signature, passport-quality 2.5”x2.5”  photograph of the applicant, taken within the past six months, along with specific documents depending on the type of visa sought such as:

1. For a “B” (Business) type visa: a Letter fromthe sponsor company stating the objective of the visit to Thailand, or document showing correspondence with trading partners in Thailand, or Letter of invitation from a company qualified to employ foreigners, the Employment contract indicating rationale for employing the applicant as well as his/her salary, position and qualifications (such document must be signed by authorized managing director and affixed the seal of the company), a copy of Work Permit issued by the Ministry of Labor (only in case the applicant has previously worked in the Kingdom), Copy of corporate documents; namely (a) list of shareholders, (b) business registration and business license, (c) company profile, (d) details of business operation, (e) list of foreign workers stating names, nationalities and positions, (f) map indicating the location of the company, (g) Balance sheet, statement of Income Tax and Business Tax (Por Ngor Dor 50 and Por Ngor Dor 30) of the latest year, (h) Alien income tax return (Por Ngor Dor 91), and (i) Value-added tax registration (Por Ngor Dor 20), a copy of educational records of the applicant and letters of recommendation from prior employers, identifying job description and length of service time, Document indicating the number of foreign tourists (for tourism business only), or document indicating export transactions issued by banks (for export business only) letter from the school, approval from the Office of the Private Education Commission and certificate issued by the police force of the applicable home country to show no prior criminal record (for foreign teachers only).

 2. For an “ED” (Education) type visa: a Letter of acceptance from the concerned schools/universities or institutes (including short courses at private language schools).

3. For “F” type visa as used by Foreigners who have official business with the Thai government:  a letter of approval from Ministry of Foreign Affairs, Thailand or official letter certifying the purpose of travel from the government agencies/embassies and consulates/ international organizations / state enterprises in Thailand.

4. For an “IB” type visa as used by investors:  a letter from Thailand’s Board of Investment.

5. For “M” type visas as used by those working in mass media:  an official letter from the news agency he or she is working for to introduce the journalist to the Director-General of the Information Department and to confirm the appointment of the journalist to work in Thailand.

 6. For an “O” (Others) type visa as used by dependents, retired persons, or sports trainers; for family reunions, medical treatment, or legal proceedings: a copy of Thai Marriage Certificate or Foreign Marriage Certificate, which must be notarized.

7. For “R” type (Religious) visas as used by those engaging in religious work:  an original confirmation letter from the National Buddhism Office or the Prime Minister’s Office or the Chulalongkorn University or an original confirmation letter from the abbot of the temple where the applicant will be studying or performing in religious functions or an original confirmation letter issued by the Religious Affairs Department or by the National Buddhism Office or an original confirmation letter and request made by the religious organization at which the applicant is enrolled.

The documents to be submitted together with non-immigrant visa applications are contingent upon the propriety of purposes stated in the application form. Copies of company documents must be signed by Board of Directors and affixed the seal of the company. In the absence of a required document, a letter explaining the unavailability of such document must be provided. Documents in foreign languages must be translated into Thai. If translated into English, it should be notarized by notary public or the applicant’s diplomatic/ consular mission.

§  Diplomatic and Official: The Royal Thai Embassy will grant diplomatic or official visas to applicants who must assume official duties at a Foreign Mission or Diplomatic Consulate or International Organizations in Thailand. The documents to be furnished for issuance of such a visa are:

1. Diplomatic passport of minimum validity of 6 months, application form duly completed and signed;

2. Recent passport-quality 2.5”x2.5” photograph;

3. Copy of return ticket; and

4. Official letter issued by applicant’s Embassy certifying the identity of the person and his/her purposes while residing in the Kingdom or in case of persons holding UN Laissez-Passer, the official letter issued by his or her international organizations agency certifying the identity of the person concerned and his/her purposes while residing in the Kingdom.

§  Courtesy: Courtesy visas are issued only upon official request. Royal Thai Embassies may grant courtesy visas to diplomatic personnel or officials or those persons holding UN Laissez-Passer, who wish to enter the Kingdom on official duties or other notified purposes. Necessary documentation includes:

1. Passport of minimum validity of 6 months;

2. Application form duly completed and signed;

3. Recent passport-quality 2.5”x2.5” photograph; and

4. Copy of the return ticket.

Supporting documents must be those issued by the governmental agency, foreign government or international organization.

In Thailand, individual officials exercise great discretionary power and not all officials are the same.  The same holds true for Consular Officers, some of whom may request additional information or documents.  They may even reject an application without supplying reasons thereof.  Such official discretion may at times seem arbitrary and unpredictable to foreigners. 

Question:  Do I need to have a work permit to volunteer in Thailand?  

 Answer: Yes, you need a work permit even to volunteer in Thailand.  The definition of work as per the Foreign Employment Act, B.E. 2551 (2008) or otherwise known by its colloquial translation as the Alien Working Act, B.E. 2551 (2008) is defined very broadly and includes exerting energy or using knowledge whether or not in consideration of wages or other benefits. Therefore, unless specifically excluded by Ministerial Notification, engaging in any kind of work within the Kingdom including volunteer work would necessitate procurement of a work permit as a foreigner.

Question:  I only need to work for a short period of time in Thailand.  What are my options?

 Answer: For foreigners intending to work in Thailand no matter how long they need to work, they should ideally obtain a non-immigrant business visa (in most cases) prior to entry into the Kingdom. They can then apply for a work permit once in the Kingdom.  The validity of the work permit, usually for one year, also hinges on the duration of the permission to stay within the kingdom as per immigration law. Work permits are restricted to the particular occupation, employer and locality for which they have been issued. Any change would necessitate notification to the Alien Occupation Division of the Ministry of Labor and Social Welfare, and subsequent amendment of the existing permit.

Employer companies would have to furnish proof of a capital investment of THB 2 million per foreign worker sought to be retained.

It is important to note that foreigners are prohibited from engaging in professions reserved for Thai nationals. Promoted business activities must first apply for a quota of foreign employees from the Board of Investment or the Industrial Estate Authority of Thailand before hiring such expatriates.

Question:  Is it possible to get a work permit for urgent matters? 

Answer: The applicant must be able to show that the work is of an urgent and essential nature for the relevant sponsoring company. The “urgent and essential nature” must be a matter which can hugely cause damage to the company and shall be determined by the relevant official on a case-by-case.

Question:  Doesn’t my non-immigrant business visa already include or entail the right to work or volunteer in Thailand?

 Answer: No. This is a common misconception.  Thailand does not have a “Green Card” or other similar document that grants both the right to live and right to work in the Kingdom.  These are considered two separate things.  A non-immigrant business visa only entitles the holder to apply for a work permit, which must be obtained separately.

Question:  Are there any classes of foreigners exempt from obtaining a work permit prior to commencing employment? 

Answer: Yes. The Foreign Employment Act, B.E. 2551 (2008) does not require the following types of foreign employees to obtain a work permit:

1. Members of a diplomatic corps

2. Members of a consular mission

3. Representatives of member countries and officials of the United Nations Organization and its specialized agencies

4. Personal servants coming from foreign countries to work regularly for persons in categories 1, 2, or 3

5. Persons who perform duties or missions under an agreement between the Government of Thailand and a foreign government or international organization

6. Persons who perform duties or missions relating to education, culture, art, sport, or others activities as prescribed by Royal Decree

7. Persons admitted by the Government of Thailand to enter and perform any duty or mission in Thailand

Question:  I have my non-immigrant visa.  Is there anything else I need to do?   

Answer: Foreigners permitted to stay in the Kingdom must comply with the 90 (ninety) day reporting requirement as per Section 37(5) of the Immigration Act, B.E. 2522 (1979) in order to keep their status current. The provision is enforced with a THB 2,000 fine on seeking renewal-if the permitted person failed to report to the Immigration authorities and if found to stay in the Kingdom beyond the stipulated period of 90 (ninety) days. This requirement is not enforced against foreigners who exit and re-enter within the stipulated 90 (ninety) days because such exit suffices for reporting under the provision.

Question:  How do I establish permanent residency and what are the benefits?

Answer: Applications for permanent residency are usually accepted after a person has continuously lived in Thailand for more than 3 (three) years on a non-immigrant visa. Such persons are subject to fairly stringent qualifying requirements such as a Thai language test, a detailed essay explaining the request for permanent residence, medical report and certification from one’s home jurisdiction of no prior criminal record, statement of income, and tax receipts in proof of the stated income.

There are a number of routes through which permanent residence may be sought:

1. Business or employment

2. Investment

3. Academic or expert

4. Family; in support of a Thai wife and children

5. Dependent; of a husband or father who is a Thai citizen

6. Spouse of husband who possesses a residence permit

7. Retirement

Every year the Ministry of Interior Affairs publishes an annual immigrant quota for each country.

Question: I’ve overstayed my visa.  What are the penalties? 

Answer: Typically for visa overstay, a fine of THB 500 per day is imposed upon an offender. The maximum fine that may be levied is THB 20,000 together with a sentence of imprisonment and a ban from entering into the Kingdom. There are two types of situations one is likely to contemplate if guilty of the offense of overstay. The table below sets out the duration of overstay and the corresponding length of time for which the offender may be banned from entering into the Kingdom:

 

Question: I am a national of an AEC (ASEAN Economic Community) country.  Are there any special visas or privileges for people like me? 

Answer: Despite the obvious benefits of unfettered travel relating to work, study and tourism, visas in Thailand are as of date still determined as a matter of internal policy, either by unilateral declaration in the form of visa exemption schemes, or by virtue of bilateral agreements already in force. Visa privileges in anticipation of AEC are not yet in effect. The impediments of regional integration coupled with security considerations have so far stymied any efforts made toward introduction of a common visa for travel within the region.