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Work Permit Thailand

Work Permit
Foreigners are strictly prohibited from working in Thailand without a work permit and violations are subject to fines up to 5,000 Baht, imprisonment of up to three months or both. Furthermore, there are a number of prohibited activities which foreigners are not permitted to perform under Thai law.

Procedure for Obtaining a Work Permit

The first step in obtaining a work permit is the acquisition of a non-immigrant category B visa. The applicant, in conjunction with their employer, must then prepare the necessary documents described below. BSA Law can assist in the preparation of these and other necessary documents. These documents are then submitted to the Ministry of Labor for consideration, which could take several weeks. Visa extensions are available for up to three weeks where approval of the work permit application is delayed. On the date specified by the receipt issued upon submission of the application the applicant must personally go to the Labour Ministry with their passport and sign for the work permit.

Required Documents

1. Photocopy of applicant's passport including Non-Immigrant (B) visa, with each page of the copy signed by the applicant. (The original passport must be shown to the Labor Department official at the time of submitting the application) Notes: (a) IMPORTANT: The Non-Immigrant (B) visa must be obtained at an Embassy or Consular Office outside of Thailand, which usually will require supporting documents from the Employer. Contact BSA Law for assistance with these documents before going to the Embassy or Consular Office and (b) If the applicant is a permanent resident of Thailand, photocopies of the certificate of residence and alien identification cards are required in addition to the passport.
2. Certificate from a qualified physician certifying the physical and mental health of the applicant (Form provided by clinic or hospital. Be sure to get the appropriate form for an alien work permit application. It must show that the applicant is free from leprosy, tuberculosis, drug addiction, alcoholism and elephantiasis)
3. Six photos exactly 5 x 6 cm., showing full face without hat, taken within the past six months.
4. Photocopies of diplomas, educational and job-training certificates of the applicant. Documents that are not in English or Thai document must be translated into Thai and authenticated by a Thai Embassy, Consular Office or the Ministry of Foreign Affairs (The originals of these documents must be shown to the Labor Department official at the time of submission)
5. Resume or Curricula Vitae of the applicant, showing relevant experience of the applicant, including a description of education, training and positions held and the name and address of previous employers (must be in Thai or English).
6. Job title, job description and salary of the proposed position of the applicant.
7. Organization chart of the company, showing the names and positions of all employees. If a position is held by an alien, that alien's work permit number should be shown beneath the name on the chart and a copy of the work permit must accompany the application. The total of all Thai and all foreign workers should be shown on the bottom of the chart. The chart can show vacant positions to be filled.
8. Applicant's address in Thailand.
9. Simple map showing employer's head office location.
10. If the applicant is married to a Thai person, photocopies of the marriage certificate and the spouse's household registration and identification card (each page signed by the spouse) and birth certificates of any children of the marriage should be included with the application.
11. Photocopies of the following corporate documents of the employer, signed and sealed by the authorized director(s) of the company: affidavit, list of shareholders, VAT certificate or VAT registration application, including amendments, if any (Por Por 01 and 09) (BSA Law can obtain current copies of the company affidavit and list of shareholders directly from the Corporate Registration Department)
12. Additional Supporting Documents (at least one of the following):
a. Evidence of the employer having paid up capital of at least Baht 2 million per foreign employee (as shown in the company's Bor Or Jor 5 List of Shareholders)
b. Copy of employer's Phor Ngor Dor 50 including receipt of payment that shows income tax paid of at least Baht 3 million during the previous year
c. Evidence of employer having paid Social Security for at least 100 Thai employees in the month preceding the month of application
d. If the employee is married to a Thai person, photocopies of the marriage certificate and the spouse's household registration and ID card (each page signed by the spouse) and birth certificates of the couple's children (if any)
e. Bill of Lading that has the endorsement from the Customs Official for the previous year showing the export of goods having a total value of at least Baht 30 million
f. If the employer is a foreign tourist company, a report showing that the company served at least 5,000 foreign tourists during the previous year
NOTE: Our office will use the information of the above documents to prepare other necessary documents (application, employment letter, etc.) which will require the signatures of the applicant and/or the company's authorized director.

Renewing Your Work Permit

The important thing to remember is that your work permit expires at the same time as your current visa. Therefore, if you have a 90 day non-immigrant B visa, your work permit is only valid for 90 days. Similarly, if you receive a one-year category B visa your work permit is valid for one year.

The process for renewal is much simpler than the initial process. The first step is to obtain an extension of your non-immigrant B visa after which you submit your new business visa along with your application for renewal of your work permit to the Ministry of Labor. Generally it will take about three days to approve the application and issue the renewed work permit. However, if you are eligible to use the One-Stop Service Center, your work permit can be issued the same day.

Work Permit Related Services Provided by BSA Law

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