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Work Permit

The work permit is a booklet that must be requested by all foreigners intending to work or run a business in Thailand. Pursuant to the Working of Alien Act 2008, any foreigner working in Thailand must apply for a work permit. The term “work” is very widely defined as engaging in work by “exerting energy or using knowledge whether or not in consideration of wages or other benefits.”
Application Process

Step 1: Possessing Non-Immigrant Visa

A valid Non-Immigrant Visa, which a foreigner can apply for at a Thai Embassy overseas before arriving to Thailand, is a requirement for getting a Thai work visa. Instead of leaving Thailand, it is also feasible to change an existing tourist visa to a non-immigrant visa at the Immigration Office in Bangkok.
The non-immigrant visa will often be a type B visa, or a business visa, while a type O visa, or a marriage visa, will work for foreigners who are married to Thai nationals.

Pre-Work Permit WP3

A pre-approval letter from the Labor Department is required by various nationalities and embassies before they will accept the visa application materials from the foreign applicant. This pre-approval letter would be your employer’s or company’s official certification that you would be traveling to Thailand to work for that specific company.

Step 2: Obtaining Thai Work Permit

In Thailand, the Labour Department is in charge of granting employment visas to foreigners. A business must fulfill requirements before applying for a work visa to support each of its foreign directors and/or workers. The business must meet the following requirements in addition to registering for VAT at the Revenue Department in order to support each work permit.

Capital of the company that should be registered as paid up:

  • Two million THB capital for a Thai limited company
  • One million THB capital to support a foreigner married to a Thai national
  • Three million THB capital for a foreign company
 

Number of Thai employees that should be registered for Social Security Funds:

  • Four Thai employees for a Thai limited company or a foreign company registered in Thailand
  • Two Thai employees in the case of the foreigner is married to a Thai national
  • One Thai employee for a foreign company registered as a branch or representative office in Thailand
 
The company will be prepared to assist the foreigner’s work permit application once the necessary conditions have been satisfied and the company has the appropriate records to demonstrate compliance with legal, tax, and accounting regulations. It should be mentioned that, unlike in some other nations, a work permit cannot be issued separately in Thailand. Prior to applying, the foreign applicant must already be employed and limited to the company, position, and location listed in the work permit booklet. A foreigner’s work permit booklet may list more than one job, address, or business/employer.
 
 
 

Step 3: Obtaining Thai Work Permit

After the application has been submitted, it will take 7 to 10 business days for it to be reviewed, at which point the foreign applicant must personally show up at the labor department’s office to pick up the work permit booklet. Naturally, our legal team would go with you to the Labor Department on the designated day so you could pick up your work permit booklet.

The work permit is typically issued for a year, but it may occasionally be issued for a shorter time, such as six or three months, depending on a number of factors, including but not limited to the applicant’s nationality, the fact that a company is newly established, and/or the validity of the applicant’s passport. So that the foreigner may legitimately work in Thailand, it should be renewed as needed.

 

 

 

Obligations After Obtaining a Work Permit

Tax ID & Annual Income Tax Filing

The company’s duties are not complete after the work permit is obtained. The foreign director or employee must additionally obtain a Tax Identification Card from the Revenue Department through the business once they have the work permit and are eligible to work lawfully in Thailand. A tax identification number, or tax ID, is contained on this card and will be utilized annually for withholding tax and personal tax return reasons. Along with filing your yearly personal income tax return with the Revenue Department, Thaipan Legal can help you apply for your personal tax ID card using the company’s supporting documents.

Renewal of a Work Permit
Once it is about to expire, a foreign director’s or employee’s work permit may be extended. The Labor Department, where the work permit was initially given, is where this can be done. The non-immigrant visa must be current or renewed before the work permit can be renewed.

 

Cancellation of a Work Permit
Foreign employees who quit their jobs or are fired by their employers must have their work permits revoked at the Labor Department within ten days of their final day of employment.

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