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Archives for Thailand Work Permit and Visa

Thailand BOI – Application for Bringing in Foreign Experts and Technicians

Today, we talk about the application for bringing in foreign experts and technicians to work for promoted business under the Investment Promotion Act B.E. 2520.

The Foreign Expert Services Division, Investment Services Center, Office of the Board of Investment, offers services at the One-Stop Service Center for Visas and Work Permits to facilitate the bringing in foreign technicians or experts, as well as their families, into the Kingdom to work for businesses promoted under the Investment Promotion Act B.E. 2520

The procedure has two steps:

STEP 1: The company submits an application at the Foreign Expert Services Division requesting approval of the positions of the foreigners.

This step involves submission of a document describing the company’s objectives and the necessity to bring in foreigners to work in specified positions, the personnel plan of the company showing the number of positions of foreign experts or technicians required and the periods during which foreign technicians or experts are required to work for the company.

Required documents:

  1. Form for Requesting Permission to Bring in Technicians (F FR NI 01)
  2. The company’s organization chart

The chart must show the organization’s lines of responsibility, specifying the positions for which approval is requested. The positions which have been approved must also be shown on the chart.

  1. Form F FR NI 02 (Kor Kor Tor 41)

The following details are required:

– Position titles in English

– Job descriptions, covering all actual jobs required

– Job requirements

– Duration (The periods during which the foreigners are required)

  1. A copy of Investment Promotion Certificate

A copy of the main Investment Promotion Certificate is required. In case of multiple certificates, only the ones relevant to the request should be attached.

  1. A copy of the License to Commence Operations

In the event the company is not in a position to furnish the License to Commence Operations, a written explanation, stating the reason (s) and the current stage of the company’s business plan shall be required.

  1. A copy of the Company Registration Certificate

The document must not be older than six months, as of the submission date.

  1. A copy of a list of shareholders

An up-to-date list of shareholders and their shareholdings is required. For public companies, the document provided must contain pages showing the major shareholders and the ratio of Thai to foreign shareholders.

  1. A copy of Balance Sheet and Profit & Loss Statement
  2. All documents (except the ones issued by the Office of the BOI) must be signed by the authorized directors as specified in the Company Registration Certificate with the company seal affixed, or by a person duly authorized by the directors (with a Power of Attorney clearly specifying the authorized powers and duties and a thirty-baht duty stamped affixed).

Once approved, the company will receive a Letter of Approval for use as a reference in Step 2.

In case it was not approved, a written notification is issued to the company.

STEP 2: The company files an application at the Foreign Expert Services Division requesting approval to bring in foreigner to work. (Filing the approved positions)

The foreigners in question will need a non-immigrant category “B” visa to enter the Kingdom. They need to obtain the visa at a Thai embassy or consulate in a foreign country and to declare the objective of entering the country to work. Upon arrival into Thailand, their non-immigrant category “B” visa will be stamped by immigration. After that, they are required to request an extension of their stay in order to work.

Documents required in Step 2:

  1. A company letter containing details and reasons

The letter shall mention the company’s intention to fill the specified positions with details of the individuals (names specified and justifications provided as to why such persons are suitable for the jobs) being proposed to fill the positions.

  1. A Bio-data form

Once approved, a written notification is issued to the company, the Immigration Bureau and the Department of Employment

However, in the event that it is not approved, a written notification will be issued to the company.

Interested in obtaining BOI promotion in Thailand, contact ThaiLawyers for BOI application, Thai company registration, visa and work permit application for bringing in foreign experts and technicians to work for your company.

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Visa and Entry Permit Stamp in Case of Lost Passport

Question:

I have just extended my non-B visa and got a new permit of stay until next year. However, I lost my passport recently and no one has ever contacted my Embassy here in Bangkok to return it so I consider it gone. Can I apply for a new passport but can I have it stamped at the Bangkok Immigration with the same permit of stay? I will appreciate any feedback. Thanks.

Answer:

Yes, you can get the same stamp but first, you have to report of lost passport at the nearest Police Station and obtain the Police Report document. Then, you should contact your Embassy in order to get a new passport. After obtaining the new passport, you must bring it together with the Police Report to meet with the Immigration official in order to obtain a copy of entry stamp, non-B visa and stay permit in your new passport.

Lost your passport in Thailand? Contact the Thai lawyers of MSNA for assistance in obtaining a police report of lost passport and getting the Immigration stamps on your new passport.

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How to make notification of staying in the Kingdom over 90 days

Foreigners who stay in the Kingdom for over 90 days are required to make the notification with the Thai Immigration. The procedures and notification are summarized below:

  1. The foreigner makes the notification in person, or
  2. The foreigner authorizes another person to make the notification, or
  3. The foreigner makes the notification by registered mail
  4. The notification must be made within 15 days before or after 7 days the period of 90 days expires
  5. The first application for extension of stay by the foreigner is equivalent to the notification of staying in the Kingdom over 90 days.

Requirements for notification by registered mail:

  1. Photocopy of passport pages with following pages

– front page showing name/surname/Passport no. etc

– current visa

– last entry stamp of immigration

– last extension of visa

  1. Photocopy of departure card TM.6
  2. Previous notification of staying over 90 days (if any)
  3. Completely filled in and signed notification form TM.47 with signature
  4. Envelope with 10 Baht stamp affixed and return address of foreigner for the officer in charge to send back the lower part of form TM.47 after having received the notification. This part must be kept for reference and for future notifications of staying over 90 days.
  5. The above mentioned documents must be sent by registered mail and the receipt of the registration kept by the foreigner.

Notice from the Immigration Office:

– Your registered mail must be sent to the Immigration office at least 15 days before the due date of notification.

– Your new form will be stamped as of the expiration date of your old receipt.

– Please keep your receipt of your registered mail in case of lost mail.

– Your document cannot be processed if you have passed the 90 days limit. (You must come to the nearest Immigration office or Immigration Division 1 in person to pay fine of THB 2,000

– Waiting for reply mail over 1 month, please contact Immigration Office with your registered mail receipt.

Reminders:

– The notification of staying in the Kingdom over 90 days is in no way equivalent to a visa extension.

– If a foreigner staying in the Kingdom over 90 days without notifying the Immigration Bureau or notifying the Immigration Bureau later than the set period, a fine of THB 2,000 will be collected. Hence, if a foreigner who did not make the notification of staying over 90 days is arrested, he will be fined THB 4,000.

– If a foreigner leaves the country and re-enters, the day count starts at 1 in every case.

Need help in making notification of staying in Thailand over 90 days or for your Thai visa and work permit concerns, contact ThaiLawyers for further assistance.

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Thailand Residential Permit for Employment Purposes

Foreigners who wish to work in the Kingdom can apply to get Residential Permit provided that the applicant meets the following qualifications:

  1. The applicant has to be in a position of executive officer such as President of Committee or Committee of juristic person registered in Thailand with a capital of at least Baht 10 million and is authorized as a signatory for such juristic person, up to the date of application submission, for at least 1 year. The applicant must earn at least Baht 50,000 per month, up to the date of application submission, for a period of 2 consecutive years as minimum and tax return is required and
  2. The business in which the applicant works must be of an interest of national economy i.e.
    1. International commerce where its export value in foreign currency in the past 3 years reached a threshold of Baht 20 million in average. This fact must be certified by a letter issued by commercial bank concerned or a company that provide loan to domestic manufacturing company by brining into this country, within the past three years, foreign currency at the amount not less than Baht 100 million or
    2. Tourism related business which in the past 3 years has brought into this country, at least 5,000 tourists in average. This fact must be certified by the letter issued by the authority concerned or
    3. Other type of business that the applicant is a shareholder of at least Baht 5 million for a period of at least 2 years up to the date of application submission.

In case the applicant could not meet any qualification as mentioned in A and B above, then the following requirement is required:

  1. The applicant is a holder of work permit for at least 3 consecutive years up to the date of qualification submission and
  2. The applicant has been working in the current company for at least year up to the date of application submission and
  3. The applicant is earning annual income of at least Baht 80,000 per month for a period of at least 2 years, up to the date of application submission or has been filing tax return for the amount of annual income of Baht 100,000 for at least 2 consecutive years, up to the date of application submission.

Contact ThaiLawyers for residence permit application in Thailand.

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Thailand visa – supporting documents for extension of permit of stay

There are certain requirements in order to extend a visa or permit of stay of a foreigner working in Thailand. Today, we talk about the required company papers in order to extend the permit of stay of a non-B visa holder in Thailand.

Aside from application forms set by government authorities and applicant’s personal documents, the employer or applicant have to prepare and provide these documents to the Immigration officials:

  1. Value-added tax (VAT) returns and salary withholding tax returns from the last three months certified by and obtained from the Revenue Department Area Office;
  2. Financial Statements and the Corporate Income Tax Return (PND.50) of the previous year certified by and obtained from the Regional Office of Revenue Department;
  3. Social security submission forms from the last three months certified by and obtained from the Social Security Office in your area;
  4. Company affidavit, list of shareholders and financial statement submission form (Sor Bor Chor 3) certified by and obtained from the Ministry of Commerce;
  5. Latest Personal Income Tax Return of the applicant certified by and obtained from the Main Office of Revenue Department

Because the above documents were filed at different government authorities, you have to plan in advance and make sure that documents are certified before your permit of stay expires. If you rely on your staff but they are not familiar with the process, they may not know where to go and how to contact each authority. Thus, MSNA can help you obtain the certified documents in a timely manner and file the application to extend your permit of stay to one year. Contact us now for your Thai visa and work permit needs.

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Who can apply for Visas and Work Permits at One-Stop Service Center in Thailand?

One-Stop Service Center provides one-stop services for temporary stay in the Kingdom of Thailand to any qualified foreigner in accordance with the Regulations of the Office of the Prime Minister Concerning the Establishment of the Visa and Work Permit Center B.E. 2540, as amended.

Not all foreign applicants can be qualified to use the One-Stop Service Center. The following applicants are eligible to submit an application and may receive services at the Visa and Work Permit Center:

  1. An applicant who is an investor, manager or expert and his/her parents, spouse or children who are his/her dependants and part of the family.
  2. An applicant who entered into Thailand to work at the representative office of a foreign juristic person for any international; trading business or overseas regional office, and his/her parents, spouse or children who are his/her dependants and part of the family.
  3. An applicant who is a manager, expert or professional obtaining special rights under the laws governing petroleum, investment promotion and the Industrial Estate Authority and his/her spouse or children as dependants.
  4. An applicant who entered into the Kingdom of Thailand to perform duties in mass media as authorized by the government and his/her parents, spouse or children as dependants and part of the family.
  5. An applicant who is a researcher and developer in science and technology and his/her parents, spouse or children as dependants and part of the family.
  6. An applicant who is the officer of a foreign bank, international banking facilities of a foreign bank or a representative office of a foreign bank certified from the Bank of Thailand and his/her parents or children as dependants and part of the family.
  7. An applicant who is an expert in information technology and his/her parents, spouse or children as dependants and part of the family.
  8. An applicant who performs duties at a regional operating headquarters and his/her parents, spouse or children as dependants and part of the family.
  9. An applicant who entered into the Kingdom of Thailand due to certain obligations made between the Thai government and a foreign government.
  10. An applicant with requirements as specified by the Minister in the Government Gazette.

It is important to note that an applicant who is a manager or expert must work in a juristic person having a paid-up registered capital or working capital of no less than 30 million Thai Baht in order to receive services at the One-Stop Service Center.

Interested in doing business in Thailand and obtaining Thai work permit & visa, contact MSNA for further assistance.

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Obtaining a Residence Permit in Thailand

If you are a foreigner who wants to get residency in Thailand, you may be eligible to apply for a residence permit with the Immigration Bureau provided that you have the following qualifications:

  1. You must hold a passport that bears a Non-Immigrant Visa and has been permitted to stay in Thailand with one-year visa extensions for the total of at least 3 consecutive years up to the application submission date.
  2. If you are at least 14 years old up to the application submission date, you are subject to criminal records check.
  3. You must reveal your information on income, assets, knowledge, vocational ability and family status in terms of connection with Thai national conditions on national security or others as deem appropriate for the consideration.
  4. You must be able to understand and speak Thai language.

Application for a residence permit is divided into five categories:

  1. For investment
  2. For employment
  3. For humanitarian reasons – in this category, you must have relationship with a Thai citizen or a foreigner who already was granted with a residence permit as follows:

3.1 a legal husband or wife

3.2 a legal father or mother

3.3 a child who is under 20 years of age up to the application submission date and must be single

  1. For expert
  2. For extra circumstances on a case by case basis

The Ministry of Interior will announce the annual quota of foreigners to be granted with residence permit (by yearly quota per nationality) and such announcement will be published in the Government Gazette. You can then submit all documents required for each category, together with your passport until the last working day of the year at Chaengwattana Immigration Division or provincial Immigration offices. All documents must be submitted in person.

Once the application have been accepted, the Immigration officer will grant you a 180-day extension of stay on the date of application submission first and the next extension will be granted for 180 days until the results of the applications come out.

The Immigration officer may require a visit to your home and have a short interview with you together with those who are involved in the application. Within 120 days later, you will get an appointment card to come for a final interview with the Immigration officers. You will have to take the test for speaking, listening for understanding of the Thai language. Most questions are about your family, career, living, donation and your intention to apply for a residence permit.

Your application is also considered based on your income, assets, knowledge, vocational ability and family status in case of relationship with Thai nationals, conditions on national security or others as deemed appropriate for current economic and social condition in order to make certain that such consideration was made thoughtfully, transparently and fairly.

Please note that timeline for the consideration process varies each year, depending on the policy of the Immigration Commission and the Ministry of Interior.

Applicable fees:

  1. A non-refundable fee for each application is Baht 7,600 (whether permission is granted or not)
  2. If the application is approved, the fee for the residence permit is Baht 191,400. However, the residence permit fee for spouses and children (under 20 years of age) of the foreigners who already have a residence permit or Thai citizenship is Baht 95,700.

Obtaining a residence permit in Thailand is much easier if you have an English speaking partner to guide you in the process and prepare the application requirements. Contact MSNA for further assistance in obtaining a residence permit in Thailand.

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Thailand Work Permits – who are exempted?

Not all foreigners working in Thailand are required to obtain a work permit. Under Section 4 of Working of Alien Act B.E. 2551 (2008), exemptions from the work permit requirement are granted to foreign individuals performing certain duties and missions as follows:

  1. Members of consular missions
  2. Members of diplomatic corps
  3. Representatives of member countries and officials of the United Nations and its specialized agencies or institutions
  4. Personal servants coming from abroad to work exclusively for persons listed under items 1, 2 or 3
  5. Persons who perform duties on missions in the Kingdom under an agreement between the government of Thailand and a foreign government or international organization
  6. Persons who enter into the Kingdom for the performance of any duty or mission for the benefit of education, culture, arts or sports
  7. Persons who are specially permitted by the Thai Government to enter into and perform any duty or mission in the Kingdom.

Foreigner working in Thailand? Contact ThaiLawyers for your Thai visa and work permit needs.

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Thai government focuses on private hospitals by its medical hub policy

Through its medical hub policy, the Thai government will serve as a facilitator for private hospitals in helping them to improve their medical services to foreign visitors seeking health care in Thailand. Thus, the Thai government ensures that the medical hub policy would not affect the availability of affordable health care for Thai people. The policy involves mainly the operations of private hospitals while government hospitals still focus on medical services for Thai nationals so it should not adversely affect Thai patients and the government would not spend national funds on private hospitals.

The government had recently organized the first workshop for hospitals under the Ministry of Public Health and the Ministry of Education to work together in an integrated manner so that they would optimize the use of existing resources. In the workshop, they discussed the road map to proceed with Thailand’s medical hub policy which also includes the creation of more qualified physicians. More workshops will be held for further discussions on the issue.

Apart from serving as the facilitator, the public sector would help boost the image of the country in terms of medical advances. The medical hub policy would encourage health establishments in Thailand to improve their health services to higher standards. This will enhance the competitiveness of Thailand as a country as well.

In developing Thailand into a regional medical hub, the Thai government will emphasize four areas. In the first area, Thailand will be promoted as a wellness hub with full cycle services. The second area is that the medical service hub will link with spa services and health tourism. The third area aims to turn Thailand into an academic hub for health care. The fourth area aims to develop Thailand into a pharmaceutical and health products center.

Since 2012, the number of medical tourists visiting Thailand is continuously rising. In facilitating their trips to Thailand, the Government has granted visa extension from 30 days to 90 days for nationals of six countries in the Middle East in the initial stage so that they can stay in Thailand for a longer period for medical services. Visa extensions will later be granted to medical tourists from other countries.

More updates on this medical hub policy will be announced later. Visiting Thailand? Obtain a proper type of Thai visa before leaving your country. Contact ThaiLawyers for Thai visa application assistance.

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Prohibited and Restricted Goods in Thailand

Today, we got an interesting question from one of our inquiring clients:

Question: We want to set up a trading company in Thailand. We will import products from overseas but we are not sure if we will be allowed. What are the products that we cannot bring to Thailand and which government agencies should we contact to get the proper permission?

Answer:

The Thai Customs Department is charged to stop the importation and exportation of prohibited goods in Thailand. It is also designated to intercept the importation and exportation of restricted goods, ensuring that all relevant laws and regulations are followed properly. Moreover, the comprehensive list of prohibited and restricted goods as well as information about the control and in the case of restricted goods to the permission to import/export may be obtained from the Department of Foreign Trade, Ministry of Commerce.

The following information from the Thai Customs generally outlines the prohibited or restricted goods in Thailand. This will give you the idea where you can obtain more information about the control and, in the case of restricted goods, to apply for permission to import/export.

Prohibited Goods

Prohibited goods are goods for which either the import into or export out of Thailand are prohibited. Any person imports or exports prohibited goods is considered as committing offences and subject to penalties indicated in the relevant national legislation. In addition, such activity is also considered as an offence under Articles 27 and 27 bis of the Customs Act B.E. 2469. It is prohibited by law to bring the following items into our out of Thailand.

  • Narcotics e.g., marijuana, hemp, opium, cocaine, morphine, heroin
  • Goods with Thai national flag
  • Fake Royal Seals/official seals
  • Fake currency, bonds or coins
  • Pirated copyright goods e.g. musical tape, CD, VDO, computer software, etc.
  • Obscene objects/literature/pictures
  • Pornographic materials
  • Counterfeit trademark goods

Restricted Goods

Restricted Goods are goods of which the import and export are restricted by law and therefore require a permit from the related government agencies. Any person imports or exports restricted goods is considered as committing offences and subject to penalties indicated in the relevant national legislation. In addition, such activity is also subjected to the offence under Articles 27 and 27 bis of the Customs Act B.E. 2469.

Although the Thai Customs is charged to stop the trading of prohibited goods and intercept the flow of restricted goods, the Ministry of Commerce in Thailand designates classes of goods that are subject to import controls, which usually take the form of permission and licensing. Although these controls are being liberalized, at present more than 50 classes of goods require import licenses from the Ministry of Commerce. These categories are frequently changed through notifications of the Ministry of Commerce. A license to import any of the restricted items must be obtained from the Ministry of Commerce prior to importation. Application for the license must be accompanied by a supplier’s order, confirmation, invoice, and other pertinent documents.

In addition to the Act imposing the above controls, a number of goods are also subject to import controls under or other relevant agencies. These include:

  • The import of drugs, food and supplementary products requires prior licensing from the Food and Drug Administration, the Ministry of Health.
  • The imports of weapons and ammunition, explosives, fireworks and real and replica firearms requires appropriate license from the Ministry of Interior. Other weapons such as electric shock devices must also be declared. Some of these items may require a permit, before importation.
  • The Cosmetic Act stipulates that for the purpose of protection of public health, any importer of controlled cosmetics must provide the name and location of the office and the place of manufacture or storage of cosmetics, the category or kind of cosmetics to be imported and the major components of the cosmetics.
  • The import or export of antiques or objects of art, whether registered or not, requires permission from the Fine Arts Department.
  • The import of wild fauna, flora, fish and other aquatic fauna requires permission from the National Park, Wildlife and Plant Conservation Department, the Department of Agriculture or the Department of Fishery as the case may be.

The above information serves as a general guideline only and subject to changes without prior notice from the respective government authorities. It does not in any way replace the Thai Customs and related laws or regulations. We highly recommend that you should verify the accuracy, relevance, and completeness of the information with the concerned authorities. Hence, contact ThaiLawyers for company registration, business licenses, work permit & visa application services.

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