Visa

A non-immigrant visa is the only type of visa that permits non-residents (other than embassy staff, consular staff or official visitors) to be gainfully employed in Thailand.

A foreigner who wishes to work in Thailand must apply for a non-immigrant visa, type "B" (business visa) from a Thai Embassy or Thai Consulate abroad prior to entering Thailand. Once the foreigner arrives in Thailand, the foreigner will receive a permit to stay for 90 days. After a stay of not less than 60 days but prior to the expiration of the visa, the foreigner can apply for a one year stay permit in Thailand from the Immigration Bureau. When the application is approved, a one year stay permit will be stamped in the foreigner's passport. Dependents of the foreigner can apply for a non-immigrant visa, type "O" (dependent visa) from a Thai Embassy or Thai Consulate abroad prior to entering Thailand.

Although a foreigner may have obtained a non-immigrant visa, the foreigner is not allowed to work until a work permit has been issued.

Work Permit

Most foreigners who intend to work in Thailand are subject to the Alien Employment Act 1978. Under the Act, a foreigner cannot perform any act of work or service unless a work permit has been issued. The term "work" is defined very broadly, i.e. "working by exerting one's physical energy or employing one's knowledge, whether or not for wages or other benefits".

An application for a work permit is submitted to the Labour Ministry. The applicant must submit various documents which include:

• the applicant's passport
• the applicant's curriculum vitae and educational certificates
• a medical certificate
• three photographs of the applicant
• copies of various corporate documents of the company which sponsors the application

and other documents on a case by case basis. The application should take around 4-8 weeks to be processed.

The work permit is good only for the particular job for which it was issued and within the geographic limits specified therein. The work permit issued will:

• name the employer for whom the applicant may work
• describe the position to be held
• describe the employment activities for which the permit is granted
• specify the location at which the activities may be performed

The work permit will be granted for a maximum period of one year. Application for renewal must be made before expiry. Consent must be applied for in advance for any change in the identity of the employer, the position held and duties to be performed, and the location for the performance of the work.

A work permit is issued for the individual expatriate. The spouse of the expatriate is not allowed to work unless he/she has obtained a work permit individually