Applying for a Work Permit and extending a Non B visa in Thailand (with a Thailand registered Company Limited as the Employer)

Foreign nationals (i.e. non-Thai citizens) seeking employment in Thailand need to obtain both a Non-Immigrant B visa and a work permit. The process is regulated by the Immigration Bureau and the Employment Department, Ministry of Labour. The employer of the foreign applicant must be a legally registered Thai entity, typically this is a company limited but the employer could be another other type of juristic person, such as a branch office[1] or a representative office.

This article outlines the step-by-step process, key requirements, and practical considerations for both the employer and the employee with respect to applying for a work permit and a Non-B visa (and extension), based on the assumption that the employer is a company limited that is registered in Thailand.

Overview

To work legally in Thailand, a foreigner shall need the following:

1. A Non-Immigrant “B” (Business) Visa – required before entering Thailand for employment.
2. A work permit – issued by the Employment Department, the Ministry of Labour, allowing the individual to legally perform work for a specific employer.

Step 1: Company Eligibility

Before a company can employ a foreign employee and sponsor a Non-B visa/ work permit, it must meet certain criteria which are detailed below:

Minimum Requirements for the Employer:

• Must be a legally registered company limited in Thailand (i.e. registered with the Department of Business Development or DBD).
• Registered capital of at least 2 million baht per foreign employee (or 1 million baht if the foreign employee is married to a Thai national). The registered capital of the company must be fully paid up.
• The company must employ at least 4 Thai employees per foreign employee. Practically speaking the Thai staff need to be paid a reasonable salary as otherwise it will raise the suspicions of the Thai authorities.
• The employing company must have a physical office address (not a virtual office) that can be inspected.

Step 2: Apply for WP.32 (while the foreign applicant is outside Thailand)

Form WP.32 is basically a pre-approved work permit issued by the Employment Department under the Ministry of Labour. If a WP.32 approval letter is required as part of the Non-B visa application process, then the employer shall need to apply for it while the applicant is outside Thailand. The application shall require various information and documents from both the employer and the foreign applicant.

Once the WP.32 approval letter is issued then it should be swiftly emailed to the applicant to use with their Non-B visa application. Importantly, once the applicant arrives in Thailand on their non-B visa they have 15 days in which to apply for their work permit from the Employment Department.

Step 3: Apply for a Non-Immigrant “B” Visa (Outside Thailand)

Before entering Thailand for work, the foreign national must apply for a Non-B visa from a Royal Thai Embassy/Consulate abroad.

Normally, a Royal Thai Embassy/ Consulate will require various documents from the employing company such as:

• Company Registration Certificate along with objectives (issued by DBD);
• VAT registration (form Phor Por 20);
• Latest company financial statement or balance sheet;
• List of shareholders (form Bor Or Jor 5);
• Cover letter from employing company explaining the need to hire the foreigner;
• WP.32 approval letter (see step 2 above).

Moreover, ordinarily a Royal Thai Embassy/ Consulate will require various documents from the visa applicant too, such as:

• Passport;
• Educational qualifications and relevant certificates;
• Recent photos (passport-sized);
• Completed visa application form.

Important Notes:

• Please be aware that the above lists (for employer and visa applicant) are not definitive and applicants should carefully check the required documents list with the respective Royal Thai Embassy/ Consulate they are applying at given that many Thai Embassies/ Consulates have different documentary requirements.
• It is also worth noting that for certain nationalities they must apply for a Non-B visa in their home country rather than in another country.

Step 4: Enter Thailand with the Non-B Visa

Once the Non-B visa is issued, the applicant shall need to enter Thailand using their newly obtained Non-B visa. Upon arrival, they shall receive a 90-day visa stamp (single entry). This visa allows time for the applicant to apply for and obtain their work permit and thereafter extend their visa (1 year extension) at the Immigration Bureau.

If the applicant thinks that they may need to travel outside Thailand before they extend their visa then they should obtain a single or multiple re-entry stamp from the Immigration Bureau to ensure that their Non-B visa is not cancelled when they depart the Kingdom.

Step 5: Submit additional documents and obtain the Work Permit

After arrival, the employer must submit additional documents along with the applicant’s passport and Non-B visa to the Employment Department in order to obtain the foreign applicant’s work permit book. If the employer has previously obtained a WP.32 approval letter, then the foreigner’s work permit must be obtained within 15 days of their arrival in Thailand on their Non-B visa. In order to obtain the work permit in such case, the employer and the foreign employee will need to bring the following documents with them to the Employment Department:

1. 32 approval letter;
2. Passport of the applicant;
3. Copy of the applicant’s Non-B visa;
4. 3 photos (3×4 cm) of the applicant dressed neatly and with white background; and
5. A medical certificate (for the purpose of work permit). Note that the medical certificate must cover 6 prohibited diseases which are leprosy, tuberculosis, drug addiction, chronic alcoholism, elephantiasis and stage 3 syphilis. This certificate should be obtained after the applicant arrives in Thailand (recommend to use a Thai hospital). Note that the medical certificate is only valid within 30 days of the application filing date.

Important Notes:

• The applicant cannot start working or receiving salary from their employer in Thailand until their work permit is approved and issued. Once the work permit is issued then they should start getting paid.
• The applicant should also be registered for social security (with the Social Security Office) within 30 days of when their work permit is issued and they start working for their employer.
• If the foreign employee shall continue working with their employer in Thailand beyond the expiry date of the work permit, then they shall need to renew it before the expiry date. This will require submitting a renewal application with the Employment Department which will entail various tax and corporate documents from the employer as well as other documents of the applicant such as a new medical certificate and photos etc.

Step 6: Extend the Non-B Visa (1-Year Extension of Stay)

After the applicant obtains their work permit, the employee may apply for a 1-year extension of stay based on employment at the Immigration Bureau. The documents required for extension shall vary depending on where the applicant applies, given that the One Stop Service Centre and normal Immigration Bureau offices have different required documents. It is worth noting that the One Stop Service Centre offers expedited and more efficient processing of visa extensions.

If the visa holder shall continue to work for the employer in Thailand beyond the visa expiry date then they shall need to extend their visa before the expiry date. This will require the submission of various documents, especially those showing that the visa holder has paid relevant income tax on their salary in Thailand as well as required social security contributions.

Tip regarding Multiple Reentry Stamp

Once the non-B visa is extended, it is often a sensible idea to obtain a multiple entry stamp for the visa so that the Non-B visa will not be automatically cancelled if the visa holder leaves Thailand before the visa extension expires.

What Happens if Visa Holder Changes Passport?

If the visa holder gets a new passport then they will need to transfer their visa over to the new passport at the Immigration Bureau. Moreover, if they have a multiple re-entry stamp in their old passport then this will also need to be transferred over to their new passport at the Immigration Bureau.

Step 7: Reporting and Renewals

90-Day Reporting:

If a Non-B visa holder stays in Thailand longer than 90 consecutive days then they are under a legal obligation to report their current address to the Immigration Bureau every 90 consecutive days. If the visa holder fails to comply then they shall be subject to fines.

As soon as the foreigner enters Thailand, the 90 consecutive day countdown begins. The foreigner may perform their 90-day report up to 15 days before the 90th day of their stay, or up to 7 days after the deadline, giving them a 3-week window. However, should the foreigner leave Thailand and return, then the 90 consecutive day timer resets as soon as they enter Thailand again.

Visas for Dependents Non-O Visa

If the Non-B visa holder has a legally married spouse or children who shall accompany them to Thailand then these dependents can use a Non-O visa to stay in Thailand while the Non-B visa holder legally remains in Thailand. The dependents can apply for this type of visa at a Royal Thai Embassy or Consulate. In order to extend a dependents’ Non-O visa (after the Non-B visa holder’s visa has been extended) they will need to submit various documents including:

For children it is necessary to submit an original and legalized copy of their birth certificate;

For a spouse it is necessary to submit an original and legalized copy of the marriage certificate.

Note that the legalization process shall need to be done at the Embassy of the country which issued such documents.

The Non-O visa is linked to the validity of the main applicant’s Non-B visa. Hence if the applicant’s Non-B visa is cancelled then the dependent’s Non-O visas shall be cancelled too.

Canceling a Non-Immigrant B Visa and Work Permit

For visa cancellation (such as if the foreign employee resigns, is terminated or retires etc), the Immigration Bureau’s regulations provide for the notification to the Immigration Bureau to be submitted up to 21 days in advance from the foreign employee’s last working day in Thailand.

As per the Employment Department’s regulation for cancelling a work permit, the employer or employee must notify the Employment Department of the cancellation within 15 days of the employee’s last working day. The employee’s work permit shall need to be returned to the Employment Department when it is cancelled.

Dharmniti Law Office Co., Ltd.

2/2 Bhakdi Building 2nd Floor, Witthayu Road, Lumphini, Pathumwan, Bangkok 10330

Tel: (66) 2680 9777

Fax: (66) 2680 9711

Email: ryan@dlo.co.th  info@dlo.co.th

[1] Legally this is formally referred to as a juristic person established under foreign law and carrying on business in Thailand.