All persons, other than those in transit and citizens of certain countries, are required to obtain a visa in order to enter into Thailand. Foreign nationals who intend to remain in Thailand to work or conduct business must comply with visa requirements in addition to obtaining a work permit.
Visa Categories
The Immigration Act of 1979 as amended in 1980 establishes the following visa categories:
- Tourist
- Visitor transit
- Immigrant
- Non-quota immigrant
- Non-immigrant
**Note: Transit, visitor transit and tourist visa holders are not authorized to work in Thailand.
BUSINESS VISA
Foreigners applying for a job or opening a business will require a Thai business visa. It is also known as Non-Immigrant Business Visa. This can be best applied for before coming to Thailand. In addition, this type of visa can be extended to a long term visa which can be done either inside or outside the Kingdom of Thailand.
Categories Under the Thai Business Visa
There are 2 categories in which foreigners can enter under this type of visa.
1) Non-Immigrant B Visa (Conducting Business)
Foreigners who wish to setup or conduct business in Thailand should apply for
a Thai Non-Immigrant B visa.
- 90 Days Non-Immigrant Visa (Single-Entry)This is an initial visa issued by the Thai embassy or consulate in your home country
which allows a stay of 90 consecutive days in Thailand.
1-Year Non-Immigrant Visa (Multiple-Entry)This is issued to those who want to conduct business and intend to frequently travel
in and out of Thailand. The initial non-immigrant visa can be extended to this visa
once the work permit is processed.
2) Non-Immigrant B Visa (Employment)
- Foreigners who intend to work in Thailand should apply for an initial 90-Day
Non-Immigrant B visa from their home country under employment category. - The work permit application takes place during the initial 90 days given through the initial visa.
- Once a valid work permit is obtained, the applicant then applies for the 1-Year Non-Immigrant B visa inside Thailand.
- 90-day reporting to any Thai Immigration Office is required to the visa holder under this category.
- A re-entry permit is required if the applicant wishes to travel outside of the country.
- Renewal of this visa can be done inside Thailand.
- Smart Visa
- Smart Visa is a new type of visa specially designed to attract highly skilled manpower, investors,
- executives and startups entrepreneurs wishing to work or invest in the following targeted industries
- in the Kingdom of Thailand. Smart Visa holders will be granted maximum 4-year permission to stay,
- exemption from the work permit requirement and entitled to additional privileges.
Download image: Smart Visa Qualifications 
Work Permit
The Foreign Working Act of 2008 requires all foreigners working in Thailand to obtain a work permit prior to starting work in the Kingdom. The Work Permit is the document that determines a foreign employee’s nature of work, length of employment, and some of his basic information like who’s he working for or where is he staying at.
For a regular position, a work permit will be issued for one year, but for an executive position or experts, a work permit will be issued for two years. A work permit must be renewed before its expiry date or it will lapse.
Prohibited Types of Work
The Thai government categorized jobs to determine which are ok and which are not for foreigners who wanted to work inside the country. They worry that foreigners will grab the jobs away from the locals, and so they deemed some jobs as exclusive for the Thai people only.
However, all the businesses outside these categories are exempted from prohibition. Listed below are the prohibited work categories for a foreigner to engage into:
Category A:
- Agriculture: rice farming, salt farming;
- Service Business: accounting, farming animals, architecture, hair dressing, barber &
beautician industry, advertising, brokerage & auctioning, building industry; - Commercial Business: land trade, internal trade in local agricultural products
Category B:
- Agriculture Business: silkworm raising, husbandry, timber & fishing, floral and cultivation;
- Industrial & Handicraft: Rice milling, flour, sugar, alcohol & non-alcoholic drinks, ice cream,
pharmaceuticals, wood carving, manufacturing of garments, shoes, furniture, jewelry, printing
and newspaper publishing, silk industry; - Commercial: all retailing industries not mention in category c, selling of foods, drinks, antiques
& fine arts; - Service Industry: Hotel, tour agency, photography, laundry service & dress making;
- Utility Services: water, electricity, land and transportation
Category C:
- Anything not in A or B
On the other hand, foreigners are allowed to engage in export, wholesale trading not mentioned
in cat. a and b, retailing of machinery, equipment, tools, manufacturing of animal feeds, textiles,
glass wares and ceramics. Selling commodities that promotes Thai tourism is also allowable.
When applying for a work permit, make it sure that the job description you are putting up is not
considered prohibited, else you wont get to see your work permit anytime soon.
Business in Thailand
A work permit allows a non-Thai citizen to work and operate a business in Thailand as a skilled professional or even as an employer. The work permit is required in order to be able to work legally in the Kingdom of Thailand. Working without a Thai work permit might cause severe consequences. A foreigner, who is arrested for working without work permit, will be punished with a fine or imprisonment.
In general, the success of a work permit application depends on the hiring company’s registered capitalization.
- Thai Business Entities who want to apply their foreign employee for work permits must have at least two million baht fully paid-up registered capitalization. However, where the foreign employee has a Thai spouse, the registered capitalization may only be one million baht.
- Foreign Business Entities who had operated their business in Thailand can apply their employees for work permit if they bring at least three million baht per employee into the country.
The entities above may be granted to maximum 10 work permits each. However, the BOI-promoted company is an exception from the regulations above. Thailand Board of Investment is authorized to grant the promoted companies special right concerning the issuance of work permit and visa for the foreign employee working on those projects as technical experts.
Before you can apply or be issued with a work permit you must have a non-immigrant visa first. This is required to apply for a Thai work permit in the Kingdom. Ideally, it should be acquired prior to your arrival in Thailand. We can assist you in obtaining it in your home country or in country close to Thailand. In addition, we can help you convert a tourist visa to a non-immigrant visa without leaving Thailand.
Step 1: Obtaining a Non-Immigrant Visa
Requirements for getting a non-immigrant visa outside the country:
- The applicant has been offered a job or starts a Thai company to employ himself/herself
- The company requests for the applicant to be issued with a non-immigrant visa so that the company may be able to apply for a work permit for the said applicant.
- The company can express great confidence on the individual to be of good moral and respectful to the culture of Thailand as well as being abiding to the laws of the country.
You should apply for this visa within 30 days before you plan to depart your country. The Consulate or consular officer will ask for copies of the registration documents and financial statements from the company.
Step 2: Obtaining the Thai Work Permit
Employee provided work permit documents:
- Passport – copies of every page. Each copy must be signed by employee.
- Non-Immigrant Visa
- Departure Card TM.6
- Education degree (signed copy) *
- Transcript (signed copy) *
- Certificates or licenses held by applicant (signed copy) *
- CV or Resume – describe in detail the applicant’s past positions, duties, performance, length and place of employment.
- Photos, three (3) in quantities which are 5 x 6 centimeters in size (not passport photos) with full face and taken wearing business attire (no hat and some jurisdictions require suit and tie). This must have been taken within six (6) months before the application for the Thai work permit.
- Marriage Certificate (if married to Thai National). This includes the original and signed photocopies. Also include wife’s Thai ID card, birth certificates of children, and household registration.
*Thai government officials may require these documents to be certified by your country’s embassy (this requires bringing your degree, resume, license or certificate to your embassy to declare it is a true and original document. You are required to pay an authentication fee to your embassy. In addition, they can require you to translate these documents into the Thai language from your foreign language.
Employer provided work permit documents:
- Commercial Registration Department Certificate showing that the organization for which the applicant is going to work has been duly registered as a juristic person, giving the name of the Managing Director and/or Director, and its objections and registered capital. *
- Shareholders List certified by the Commercial Registration Department. *
- Factory License (if required) issued by Factory Department, Ministry of Industry. *
- VAT Certificate – Phor Phor 20 *
- VAT filing – Phor Phor 30
- Withholding Tax – Phor Ngor Dor 1
- Social Security Payment filing
*Thai government officials require that all documents to have the seal of the company stamped on every page and the true and authorized signature(s) of the Managing Director and/or Directors next to the seal. In addition, government officials have in past requested official copies of registration, shareholder, licenses and certificates to have been issued by their respective agencies within the past 90 days of your application for Thai work permit.
There must be four full-time Thai staff per every one foreign employee.
Getting Your Thai Work Permit Approved
There are several points on which the granting of the work permit would be based upon and one of them is the job description as it should be able to convince the panel concerned that the applicant has the required set of skills and knowledge for the job, a set in which Thai workers may not or may inadequately have. Also, in view of protecting the availability of jobs for its citizens, there is always a possibility that not all of the work permits it has applied before the Ministry of Labor would be granted.
In relation to the importance of the job description, the company may choose to obtain crucial assistance from Siam Legal’s highly skilled foreign and Thai lawyers to increase the chances of being granted with a work permit for its desired employee.
Once the application is submitted for your Thai Work Permit
Our staff will submit the documents for your Thai work permit, during the processing you must not let your visa expire. The Labor Department’s system links the non-immigrant visa (“extension of stay”) you listed on your application to the work permit paperwork. A typical time frame for approval of the work permit for a company of 2 million baht registered capital is seven (7) business days in Bangkok and up to 2 months in Phuket. BOI approved companies can enjoy 3 hour processing times at the One Stop Service Center. The Labor Department will issue a receipt stating your return date for receiving your work permit book.
Signing for your new Thai Work Permit
Your first and only appearance for the Thai work permit will be at the Labor Department upon its approval. You must appear in person with your passport and sign the Thai work permit book in the presence of the Labor Department staff. The Labor Department puts a stamp in the back of your passport at the time of receipt.
Restrictions on Your Thai Work Permit
When granted with a work permit, the individual must work only with the said company. If in case he is assigned to another location of the same company, he is required to obtain a new work permit covering such new location. The same is required if and when the individual would work with another company. This is due to the fact that the work permit is issued to the employee for the specific company at the specific location.
If in case he tendered his resignation or has been laid off by the company, he is tasked to surrender his work permit to the Labor Department not more than 10 days.
Step 3: The Tax ID Card
Thailand Revenue Department:
When the application for a work permit has been prepared and arranged, the individual is also required to obtain a Tax Identification Card through its employer. On his tax ID card is the Tax Identification Number, which will be used for documents that need the tax identification number (TIN).
Step 4: Obtaining the Re-entry Permit
Visa Extension vs. Re-entry Permit
It is a fact that some confuses the Extension of Stay over the Re-Entry Permit. To clarify, their respective definitions are as follows:
“Visa,” as issued at the Thai Embassy or Consulate where the application has been lodged, is what determines the duration in which the individual is allowed to stay in the Kingdom. He has to leave Thailand on or before the stamped on his passport otherwise he may face the consequences of violating the Kingdom’s immigration laws. His work permit and re-entry permit relies on the visa.
“Re-entry Permit” allows the individual to exit Thailand before the expiration of the visa’s validity and re-enter the Kingdom. Exiting the country without a re-entry permit would invalidated his visa and work permit. On the other hand, a re-entry permit of his is also invalidated if his visa expires.
It would be of great advantage if he is a holder of a multiple re-entry permit (unlimited use) over a single re-entry permit (one time use). Either way, the lawyers of Siam Legal can help the individual obtain one of the two choices.
Step 5: Renewing your Visa and Work Permit
Basing on the definitions on the earlier section, his visa should first be renewed before he can renew his work permit. This can be done within or outside of the country depending on the case and the circumstances involved.
If he has been granted with a multiple entry visa, he has to exit Thailand every 90 days and then return. If he does not, he has to exit the country and then re-apply for a new visa by submitting another set of specified documents.Reporting your Stay every 90 days
For persons on a long term extension of stay, they are required to report to Immigration Police every 90 days. Persons holding a multiple entry visa will simply depart Thailand and renew their extension of stay after each 90 day entry. Our firm offers professional service with a yearly package to perform the task of the reporting to Immigration each 90 days.
If you are an expatriate working in Thailand, a Thai Work Permit should be one of your basic must-haves. As a matter of fact, it would be illegal to work in Thailand without your Work Permit. As an employer or employee, it would be best to be well-informed about the process of applying for and retaining a Work Permit.
First of all, you will need to have a Non-Immigrant Visa before being able to apply for a Work Permit. The Thai Work Permit can be granted to expatriates who satisfy any or most of the following conditions:
- Working for an establishment with a registered capital of at least 2,000,000 Baht. One expatriate can be hired for every 2,000,000 Baht of capital but not more than 10 expatriates.
- Working in an establishment, which has already paid income tax to the Revenue Department in the past 3 years not less than 5,000,000 Baht. For every 5,000,000 Baht tax payment is allowed to hire 1 expatriate.
- Working for an establishment, which engages in export business and remit foreign currency of at least the equivalent of 3,000,000 Baht last year. For every 3,000,000 Baht, an establishment is allowed to hire 1 expatriate but not more than 3 expatriates.
- Working in an establishment, which employs 50 Thai employees. An establishment is allowed to hire 1 expatriate for every 50 Thai employees but not more than 5 expatriates in total.
- An expatriate who has an income and duty to pay personal income tax to the Revenue Department of equivalent or more than 18,000 Baht, or already paid personal income tax in the past year of equivalent or more than 18,000 Baht.
Thai Immigration may consider work permit approval, renewal, and modification of employment descriptions regardless of the previous requirements as stated if you are under the following conditions:
- If you are an expatriate working for a representative office conducting quality control, procurement, or marketing research.
- If you work for investment consulting, administrative consulting, technical and technology, or periodical internal audit.
- If you are a Tourism representative who brings in foreigners to travel in Thailand.
- If you are employed under International financial institutions approved by the Bank of Thailand.
- If you are in the temporary business of entertainment, religious, social welfare, cultural or sporting without intention to make profit and paying income tax to the government.
- If you are working as a contractor on projects with any government bodies or state enterprises.
- If you work using mostly local raw material as an essential component in the production process or work that can reduce the use of imported raw material.
- If your work involves supporting export of Thai products.
- If you are working to bring in new technology, which Thai people are not capable of, in order to distribute and transfer to Thai people.
- If you work in the area where there is a shortage of Thai labor.
- If you can provide certificate of residence in Thailand.
- If you are married to a Thai citizen with a legalized marriage registration, publicly cohabiting as husband and wife, and with a legal profession.
Once you receive your Thai Work Permit, you must follow these regulations:
- You must carry your work permit or keep it in the office during working hours to show to government officers any time. A fine of not more than 1,000 baht will be paid by those who violate this.
- You must only perform the work according to the occupation stated in your work permit. You should apply for the revisions should you change occupation or office address. If you violate this rule you can be imprisoned for not more than a month or fined not more than 2,000 baht or both.
- You must apply for an extension before the expiration date if you intend to continue working in Thailand. Should you fail to do this, you can be imprisoned not more than 3 months or fined not more than 5,000 baht or both.
- If your work permit is damaged or lost, you must apply for its replacement within 15 days from the date he/she knows about the damage or disappearance of the work permit. If you fail to do so, you will be fined not more than 500 baht.
- You need to inform the Employment Service office to update your personal information should you change any of it as stated in your Work Permit.
- In case of resignation, you must return your work permit within 7 days from the date of your resignation. If you are found violating this, you will be fined not more than 1000 baht.
The Foreign Working Act of 2008 requires all foreigners working in Thailand to obtain a work permit prior to starting work in the Kingdom and describes the procedures for issuance and maintenance of work permits and lists certain occupations from which the foreigners may be excluded.
Visa and Work Permit for BOI’s Promoted Companies
1. Permission to foreign nationals for entering into the Kingdom for the purpose of assessing investment opportunities or performing any other act benefiting investment or working on a project in the process of an investment promotion application or issuance of an Investment Promotion Certificate under Section 24
This is from the date on which the BOI receives a complete application form together with documents and supporting evidence.
Documents and supporting evidence that applicants are required to submit for consideration are for any of the following:
(1) Permission for foreign nationals for entry into the Kingdom for the purpose of assessing investment opportunities; Performing any other Act Benefiting Investment; working on a project that is in the process of an investment promotion application or issuance of an investment promotion certificate
(1.1) A copy of the company registration certificate and a list of shareholders (in the event where the company is already established)
(1.2) Form No. 02 and Form No. 03 (F FR TR 01) with complete information (per person)
(1.3) One copy of documents pertaining to academic and work experiences (per person)
(1.4) One copy of the applicant’s passport (per person)
(1.5) A company letter of intent with detail referring to a person who coming in the letter
(1.6) Additional documents (for each case)
- Permission for foreign nationals to enter the Kingdom to assess investment opportunities
– Project plan being assessed
– A copy of evidence of contacts with a foreign or domestic agency, or institute
- Permission for foreign nationals to enter the Kingdom for acts benefiting the investment-
– Evidence of the chamber’s establishment and the foreign national’s work assignment with the chamber must be attached for a chamber of commerce
(2) Permission to extend the period of stay in the Kingdom for the purpose of assessing investment opportunities; Performing any other Act Benefiting Investment; working on a project that is in the process of an investment promotion application or issuance of an investment promotion certificate
(2.1) A copy of the company’s registration certificate and list of shareholders (in the event where the company is already established)
(2.2) A copy of the previous approval letter
(2.3) Additional documents (for each case)
- Permission for foreign nationals to extend their period of stay in the Kingdom for assessing investment opportunities
– Progress report of the project under study
- Permission for foreign nationals to extend their period of stay in the Kingdom for performing acts benefiting the investment
– Evidence of the foreign national’s continued assignment must be attached for a chamber of commerce
(3) Request for Cooperation for a Visa Stamp or Change of Visa Type
(3.1) A copy of the company’s registration certificate and list of shareholders
(3.2) A copy of documents pertaining to academic and work experiences (per person)
(3.3) A copy of the applicant’s passport (per person)
(3.4) Additional documents (for each case)
- Permission for foreign nationals to enter the Kingdom to assess investment opportunities
– Project plan under study
– A copy of evidence of contacts with a foreign or domestic agency, or institute
- Permission for foreign nationals to enter the Kingdom for performing acts benefiting the investment
– A copy of the company’s financial statement
– Evidence of the foreign national’s continued assignment must be attached for a chamber of commerce
– Each page of the document provided must be stamped with the company’s seal and signed by the authorized person.
– Applicants must submit the application form to the Foreign Expert Services Division of the BOI.
For further information, please contact the BOI’s Foreign Expert Services Division.
2. Permission for Foreign Nationals to Enter the Kingdom under section 25 (Single Window for Visa and Work Permit)
Permission for foreign nationals to enter the Kingdom under Section 25 must be conducted through the Single Window for Visa and Work Permit, an online platform that replaced the old e-Expert system on 1 August 2018. The company must obtain a User ID and Password by registering through https://swe-expert.boi.go.th/SW-WEB/main.php (The website is available in Thai version only) Within 1 working-day after the registration, the user will receive a username and password. In the event that the company already has an existing e-Expert ID, the ID is still applicable in the new platform. The system also covers digitizing existing Work Permit.
Types of Application, Documents and Supporting Evidence that Applicants are required to submit for Consideration are as follows:
2.1 The First Approval of Position of Foreign Nationals
(1) Company’s organizational chart
(2) Technology transfer plan
(3) Shareholder list
(4) Annual financial statement
2.2 Cancellation of Positions Approved for Foreign Nationals (No documents required)
2.3 Change of Employment Position for Foreign Nationals
(1) A copy of the applicant’s passport
(2) A copy of the applicant’s educational qualifications
(3) A copy of the applicant’s employment records
(4) Company’s organizational chart
(5) Technology transfer plan
(6) Shareholder list
(7) Annual financial statement
2.4 Adding job description/cancellation of job description
(1) A copy of the applicant’s passport
2.5 Appointment of Foreign Nationals in the Approved Position
(1) JPEG or GIF photo of the applicant with a resolution not exceeding 160×240 pixels, file size not more than 2MB
(2) A copy of the applicant’s passport
(3) A copy of the applicant’s educational qualifications
(4) A copy of the applicant’s employment records
(5) A copy of the applicant’s permanent residence book (if any)
(6) Proof of a conclusion of the applicant’s previous employment position (if any)
2.6 Permission to Bring in a Foreign National’s Family
(1) JPEG or GIF photo of the applicant with a resolution not exceeding 160×240 pixels, file size not more than 2MB
(2) A copy of the applicant’s passport
(3) A copy of the document showing the applicant’s family relations
2.7 Permission for a Foreign National and their Family to Enter the Kingdom (Pilot and Related Positions)
(1) Pilot’s license
(2) JPEG or GIF photo file of the applicant with a resolution not exceeding 160×240 pixels, file size not more than 2MB
(3) A copy of the applicant’s passport
(4) Documents from related agencies e.g. Supporting Letter from The Civil Aviation Authority of Thailand
(5) A copy of the applicant’s permanent residence book (if any)
(6) A copy of the applicant’s educational qualifications
(7) A copy of the applicant’s employment records
2.8 Permission for a Foreign National and their Family to Enter the Kingdom (Operator or Related Positions)
(1) JPEG or GIF photo file of the applicant with a resolution not exceeding 160×240 pixels, file size not more than 2MB
(2) A copy of the applicant’s passport
(3) A copy of the applicant’s educational qualifications
(4) A copy of the applicant’s employment records
(5) A copy of the applicant’s permanent residence book (if any)
(6) Proof of the applicant’s training (the training period of not less than three months)
2.9 Urgent permission for a foreign national to work temporarily (30 days)
(1) A copy of the applicant’s passport
(2) A copy of the applicant’s permanent residence book (if any)
2.10 Permission for a foreign national to work temporarily (not exceeding six months)
(1) JPEG or GIF photo file of the applicant with a resolution not exceeding 160×240 pixels, file size not more than 2MB
(2) A copy of the applicant’s passport
(3) A copy of the applicant’s educational qualifications
(4) A copy of the applicant’s employment records
(5) A copy of the applicant’s permanent residence book (if any)
(6) Proof of a conclusion of the applicant’s previous employment position (if any)
2.11 The Extension of an Employment Period for the Position of Foreign Nationals
(1) Company’s organizational chart
(2) Technology transfer result
(3) Shareholder list
(4) Annual financial statement
(5) A copy of the applicant’s passport
2.12 Request for a Foreign National’s Visa Stamp
(1) A copy of the applicant’s passport
2.13 Request for a Foreign National’s Family’s Visa Stamp
(1) A copy of the applicant’s passport
(2) A copy of a document showing family relations
2.14 Request for Visa Stamp/Change of Visa Stamp of Foreign Nationals
(1) A copy of the applicant’s passport
2.15 Request for Visa Stamp/Change of Visa Stamp of Foreign Nationals’ Family
(1) A copy of the applicant’s passport
(2) A copy of the document showing the applicant’s family relations
2.16 Permission for a Foreign National to Perform Additional Duties in an Affiliated Company
(1) A copy of the applicant’s passport
(2) A copy of the applicant’s permanent residence book (if any)
(3) A copy of shareholder list of both BOI promoted company and affiliated company
(4) A copy of company registration certificate of both BOI promoted company and affiliated company
2.17 Permission for a Foreign National to Perform Additional Duties (Foreign Chamber of Commerce in Thailand)
(1) Foreign chamber of commerce’s meeting report
(2) A copy of the foreign chamber of commerce’s permit
(3) A copy of the applicant’s passport
2.18 Cancellation of a Foreign National’s Additional Work
(1) A copy of the applicant’s passport
2.19 Permission for Foreign Nationals to Add or Change Their Work/Legal Entity Location, Permission to Cancel Added Work/Legal Entity Location
(1) A copy of the applicant’s passport
2.20 Permission for a Foreign National and Family to Bring Personal Belongings into the Kingdom
(1) A copy of an Invoice or Packing List of imported personal belongings
(2) A copy of the applicant’s passport
(3) Company’s organizational chart
(4) Technology transfer result
(5) Shareholder list
2.21 Annual financial statement
(1) Notification of a Foreign National’s Name Change
– A copy of the applicant’s passport (including the page with the new name or surname)
(2) Notification of an Amendment to a Company Name (No documents required)
(3) Notification of a Combination or Transfer of Promotion Certificates (No documents required)
(4) Notification for Amending the Type of the Promoted Activity (No documents required)
(5) Permission for a Foreign National and their Family’s Usage of the Fast Track Lane (In-Out, Out-In)
– A copy of the applicant’s passport
(6) Cancellation of Fast Track Lane Usage (No documents required)
For further information, please contact the BOI’s Foreign Expert Services Division by phone at (+66) 2209 1162-7
3) SMART Visa
The SMART Visa is a new type of visa designed to attract highly skilled manpower and investors to help accelerate the development of the country’s targeted industries. SMART Visa is offered to foreign experts, executives, entrepreneurs and investors who wish to enter into the Kingdom of Thailand to work or to invest in the country’s targeted industries including 1) Next-Generation Automotive 2) Smart Electronics 3) Affluent, Medical and Wellness Tourism 4) Agriculture and Biotechnology 5) Food for the Future 6) Automation and Robotics 7) Aviation and Logistics 8) Biofuels and Biochemicals 9) Digital and 10) Medical Hub. Since 6 November 2018, the Cabinet has approved the extension of the list of eligible to include services in alternative dispute resolution, science and technology-based human resource development, and environment and alternative energy management.
3.1 Category T – Highly skilled professionals wishing to work in the targeted industries/services
Qualifications
– Minimum income of no less than 100,000 Baht or equivalent per month (inclusive of other benefits and welfares) or minimum income no less than 50,000 baht for professionals in startups and retired professionals (Except for professionals who work for a government agency or work in alternative dispute resolution, no minimum income is applied)
– Having an employment contract or service contract with an entity in Thailand with the remaining term of at least 1 year (Except for experts who work for a government agency or work in alternative dispute resolution)
– Having expertise in science and technology or related fields relevant to the targeted industries/services and endorsed by a government agency (Except for experts who work for a government agency)
– Employers in Thailand must be certified for being engaged in the targeted industries/services by a relevant government agency such as the National Innovation Agency (Public Organization) and the Digital Economy Promotion Agency. In case of employers being a government agency, the certification of being in the targeted industries shall be done by that agency.
Privileges
– Maximum 4-year visa, but not exceeding the remaining employment/service contract term
– No work permit required for working in the endorsed companies or a Thai government agency. Prior to any changes or additions of jobs, an official approval must be obtained.
– 90-day reporting to the Immigration extended to 1 year
– No re-entry permit required
– Spouses and children granted the right to stay and work in Thailand with no work permit required (Children wishing to work must be at least 18 years. The jobs must not be on the prohibited list of occupations and professions for foreigners.)
– Permit to use fast track services at all international airport where fast track service is available
3.2 Category I – Investors in companies using technologies in manufacturing or delivering services and being in the targeted industries
Qualifications
– Directly investing or investing through venture capital in one or more companies in Thailand using technology as a base in manufacturing or delivering services and are in the targeted industries as an individual investor in the total amount of at least 20 million Baht or at least 5 million Baht for investing in startups, incubator programs or accelerator programs.
– The investment must be maintained throughout the validity period of the smart visa.
The business to be set up or invested or the venture capital company to be invested through must be certified as being the ones using technology in manufacturing or delivering services and being in the targeted industries or investing in such companies in case of the investment through venture capital company by the relevant agencies such as the National Innovation Agency, Digital Economy Promotion Agency and National Science and Technology Development Agency.
Privileges
– Maximum 4-year visa
– No work permit required for working in the endorsed companies. Prior to any changes or additions of jobs, an official approval must be obtained.
– 90-day reporting to the Immigration extended to 1 year
– No re-entry permit required
– Spouses and children granted permission to stay in Thailand
– Spouses granted permission to work with no work permit required (The jobs must not be on the prohibited list of occupations and professions for foreigners.)
– Permit to use fast track services at all international airport where fast track service is available
3.3 Category E – Senior executives working in the companies using technology in manufacturing or delivering services and being in the targeted industries
Qualifications
– Minimum income of no less than 200,000 Baht or equivalent per month (inclusive of other benefits and welfares)
– Holder of a bachelor’s degree or higher with at least 10 years of work experience in the relevant field
– Having an employment contract with a company in Thailand or in a foreign country with an assignment to work in Thailand. The remaining period of the employment contract must be at least 1 year.
– Holding a senior management position such as Chairman or Managing Director The employing companies must be certified as being the ones using technology in manufacturing or delivering services and being in the targeted industries by the relevant agencies such as the National Innovation Agency (Public Organization), Digital Economy Promotion Agency and National Science and Technology Development Agency.
Privileges
– Maximum 4-year visa, but not exceeding the employment contract term
– No work permit required for working in the endorsed companies. Prior to any changes or additions of jobs, an official approval must be obtained.
– 90-day reporting to the Immigration extended to 1 year
– No re-entry permit required
– Spouses and children granted permission to stay in Thailand
– Spouses granted permission to work with no work permit required (The jobs must not be on the prohibited list of occupations and professions for foreigners.)
– Permit to use fast track services at all international airport where fast track service is available
3.4 Category S – Startup entrepreneurs who wish to invest in the targeted industries in Thailand
Qualifications
– Having a savings account with a balance of not less than 600,000 Baht or equivalent and the remaining maturity term of at least 1 year (Except for a foreigner seeking 6-month permission to stay)
– In the case of being accompanied by spouses and children, an additional amount of fixed savings of at least 180,000 Baht per person or equivalent is required. (Except for a foreigner seeking 6-month permission to stay)
– Participating in an incubation or accelerator program, or a similar program endorsed by a government agency such as the National Innovation Agency (Public Organization), the Digital Economy Promotion Agency. The programs must also be in the targeted industries, or alternatively receiving joint venture funding or endorsement from a government agency such as the Digital Economy Promotion Agency.
– If permitted to stay for the period of 6 months or 1 year, the applicant must set up a company in Thailand within one year. The business or investment activities of such company must be certified as being in the targeted industries by relevant government agencies such as the National Innovation Agency (Public Organization), the Digital Economy Promotion Agency. The applicants must hold no less than 25% of the company’s shares or assume a position of a director of the company.
– If none of the above qualifications cannot be met, an applicant must have a detailed plan to set up a tech startup in Thailand, which must be endorsed by relevant agencies such as the National Innovation Agency (Public Organization) or being engaged in an activity aimed to promote startups, or an activity similar to Startup Camp, endorsed by government agencies such as the Board of Investment and National Innovation Agency (Public Organization).
– Having health insurance policy covering the entire course of stay in Thailand for the applicants of the SMART Visa, and for the accompanying spouse and the children
Privileges
– 6-month, 1-year or 2-year visa for the first time, renewable for ≤ 2 years if requirements are met
– No work permit required for working in the endorsed companies. Prior to any changes or additions of jobs, an official approval must be obtained.
– 90-day reporting to the Immigration extended to 1 year
– No re-entry permit required
– Spouses and children granted permission to stay in Thailand (Except for a foreigner permitted 6-month visa)
– Spouses granted permission to work with no work permit required (The jobs must not be on the prohibited list of occupations and professions for foreigners.) (Except for a foreigner permitted 6-month visa)
– Permit to use fast track services at all international airport where fast track service is available
3.5 Application Procedure
Both foreigners residing outside Thailand and foreigners already residing in Thailand can also apply for the change of visa type to SMART visa if qualified. In the first step, applicants must obtain a qualification endorsement letter from the SMART Visa Unit (under Thailand Board of Investment) located at the One-Stop Center for Visas and Work Permits. Qualification endorsement applications can be lodged at the One-Stop Center for Visas and Work Permits or at the Thai Embassies or Consulates. The screening will also involve the technical endorsement by the designated agencies and the screening process of other requirements. For example, a qualification of high expertise in science and technology must be verified and endorsed by the Ministry of Science and Technology, qualifications according to the Thai immigration laws must be verified by the Immigration Bureau and the Ministry of Foreign Affairs etc.
After these endorsements have been obtained, the SMART Visa unit will then proceed issuing a letter of qualification endorsement which the applicant will use in applying for SMART visa at the Thai Embassies or Consulates (in case of residing outside Thailand) or the Immigration Bureau at the One-Stop Center for Visas and Work Permits or EEC Labour Administration Center in Chonburi.
Timeframe of Applying for Qualification Endorsement
– The foreigners can submit an application for qualification endorsement for SMART Visas at One Stop Service Center for Visa and Work Permit (OSS) located at Chamchuri Square Building (in Bangkok). Alternatively, they can lodge their documents at the Royal Thai Embassies /The Royal Thai Consulate Generals.
– Within 3 working days after having received complete documents, OSS will coordinate with related agencies to verify and certify the qualifications of the applicants.
– The agencies in 2 will notify the OSS of the results of the evaluation/examination within 20 working days.
– OSS (BOI) will notify the applicant, the Immigration, the Ministry of Foreign Affairs and the relevant agencies of the result of qualification endorsement application within 7 working days
The total processing time frame is 30 working days from the date of OSS’s receipt of complete documents. Holders of non-immigrant visa must apply for the qualification endorsement at least 90 days before the expiry of the non immigrant visa.
3.6 Visa Insurance
The qualified applicant can proceed with applying for Smart Visa issuance within 60 days from issuance date of the endorsement letter, which will be used as one of the supporting document for application, at one of the following places,
- The Royal Thai Embassies/The Royal Thai Consulate Generals (in case of residing overseas)
- The Immigration at One Stop Service Center for Visa and Work Permit (OSS) ,Chamchuri Square Building, Bangkok
- EEC Labour Administration Center in Chonburi.
The processing fee is 10,000 Baht per year of visa permission (cash only).
3.7 SMART Visa Extension
Smart Visa holders wishing to extend their Smart Visas must apply for a renewal of qualification endorsement at One Stop Service Center for Visa and Work Permit (OSS) at least 60 days before its expiry for the Smart Visa unit to follow the abovementioned endorsement process. Upon receiving an endorsement letter, foreigners can then have their Smart Visa renewed at the Immigration at One Stop Service Center for Visa and Work Permit (OSS) or at EEC Labour Administration Center in Chonburi.
3.8 Reporting Requirement
Smart Visa holders must report the address of current residence to the Immigration at One Stop Service Center for Visa and Work Permit (OSS) or at EEC Labour Administration Center in Chonburi on a yearly basis, counting from the date of receiving permission to stay in Thailand. This can be done 15 days before or 7 days after the due date. However, in the case of re-entering the Kingdom, the report is due in one year from the date of the latest arrival.
In addition, Smart Visa holders must also report their current status to the Smart Visa Unit at One Stop Center for Visas and Work Permits on a yearly basis from the issuance date of Smart Visa.
For further information, please contact the BOI’s SMART Visa Unit by phone at (+66) 2209 1100 ext. 1109-1110 or via email [email protected]
Last updated November 2018
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