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Archives for Thailand Work Permit and Visa

Smart Visas and Targeted Industries

Foreigners wanting to work or invest in Thailand wonder what smart visas and targeted industries are. Smart Visas were designed to attract experts, investors, executives and startups entrepreneurs wishing to work or invest in the targeted industries in Thailand. Smart Visas allows 6 month to 4-year permit to stay in the country without having a work permit. Here are the four types of smart visas:

  1. SMART “T” (Talent):
    1. Highly skilled professionals in the targeted industries. In this case, the Employers in Thailand must be endorsed for being engaged in the targeted industries by relevant government agencies such as the National Innovation Agency and Digital Economy Promotion Agency.
    1. Experts working in government agencies / higher education institutions / specialized training institutions / Alternative Dispute Resolution (In case of experts working for a government agency, a higher education institution and a specialized training institution in the private sector, the applicant must have expertise in the fields of science and technology in the targeted industries.
  2. SMART “I” (Investor) : Investors in technology-based business in the targeted industries
  3. SMART “E” (Executive) : Senior executives in technology-based companies in the targeted industries
  4. SMART “S” (Startup) : Technology-based startup entrepreneurs in the targeted industries
  5. SAMRT “O” (Other) : Spouse and legitimate children of Smart Visa holders

The above paragraph mentioned the targeted industries many times. They are the industries that the Board of Investment targets to promote in different zones or different times. As of September 2021, the targeted industries are:

  • Next-Generation Automotive
  • Smart Electronics
  • Affluent, Medical and Wellness Tourism
  • Agriculture and Biotechnology
  • Food for the Future
  • Automation and  Robotics
  • Aviation and Logistics
  • Biofuels and Biochemicals
  • Digital
  • Medical Hub
  • Human Resource Development in Science and Technology
  • Environmental Management and Renewable Energy

Contact MSNA Group for your smart visa needs today. We are an expert in BOI promotion process and smart visas, and Thailand work permit.

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Smart Visa and Work Permit

Thailand Board of Investment offers a smart visa program in many categories. Smart visa and work permit are two different things. You may think that you have a smart visa, and work permit will never be needed.  Remember that if you want to work for another company, you will need a work permit. Here in this article we want to explain about cancelling a smart visa and getting a work permit to work with another company.

Because your smart visa is related to Board of Investment (BOI) approval, you can cancel it and ask for your stay to remain for upto 21 days after the cancellation. Before doing this cancellation, your new employer company must already have prepared for the new position with the BOI’s single window system. Make sure to study the steps of transferring work permits from a BOI company to another BOI company for a better understanding. Basically, they need to get an approval for your new position first if they have not had it already. Then you process your smart visa cancellation in advance to still have 21 days for your stay. After that your new employer will be able to get the approval from the BOI to fill you into that position.

Most foreigners find smart visa and work permit related issues so complicated. Be it Thailand BOI company registration, smart visa and work permit application, we will guide you through all the steps and make everything so easy for you. We have been in the business of BOI consulting for over 25 years.

Please contact MSNA Group for questions about smart visa and work permit.

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Companies From India Got BOI for 100% Foreign Ownership

Some of our clients, companies from Indore, India, got BOI to operate as 100% foreign ownership companies, with MSNA Group’s assistance. One got the BOI promotion for software activity for the software development business. Another one got the Board of Investment approval to operate in Thailand with 100% foreign ownership in the Trade and Investment Support Office category for their telecommunication engineering business. Hear what our clients say about working with MSNA Group:

“We are entities based in Indore, India, in the businesses of Software, Digital translation and Telecom Network Infrastructure.  We have been using Thai Lawyers Ltd./MSNA Group to set up our Thailand BOI companies since 2017. It is always a wonderful experience with the many services offered by MSNA Group. – Mr. Manmohan Saxena, Financial Controller, Diaspark Infotech Private Limited

We thank you so much for your business. Our team enjoy working with you too. We strive to have our clients’ most satisfaction.

Foreigners looking to have 100% foreign ownership in their business in Thailand, please contact ThaiLawyers or MSNA Group. We have solutions for you. Whether you are in the service business, IT, manufacturing, engineering, etc., you may be able to get a BOI company, which will allow 100% foreign ownership and many work permits.

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Thailand SMART Visa

smart visa

Thailand SMART Visa

On 1 February 2018, a new visa was launched in Thailand which is known as the SMART Visa. This Visa was introduced to attract new talents and technologies in order to further develop the targeted industries. The SMART Visa program is designed to enhance Thailand’s attractiveness in drawing science and technology experts, senior executives, investors and start-ups. The SMART Visa focuses investment on the “10-S Curve Industries” or the country’s targeted industry.

 

The 10-S Curve industries or the targeted industries include:

  • Next generation automotive
  • Smart electronics
  • Affluent, medical and wellness tourism
  • Agriculture and biotechnology
  • Food for the future
  • Automation and robotics
  • Aviation and logistics
  • Biofuels and biochemical
  • Digital
  • Medical hub

 

The SMART Visa has five different categories that a person can apply for:

  • SMART “T” Visa is for highly skilled professionals in the science and technology aiming to work in the targeted industries
  • SMART “I” for investors in companies using technology in manufacturing or delivering services of being in the targeted industries.
  • SMART “S” for foreign start-up entrepreneurs who wish to invest in the targets industries in Thailand.
  • SMART “E” for senior executives working the companies using technology and manufacturing or delivering services and being in the targeted industries.
  • SMART “O” for spouse and children of SMART visa holders.

 

In order to be eligible, applicants must obtain a qualification endorsement letter from the SMART Visa Unit. During the process, applicants will also need to go through a technical endorsement screening by the designated agencies after which a letter will be issued by the Thailand Board of Investments which the applicants use in order to apply for their SMART Visa.

 

The benefits of applying a SMART Visa instead of any other type of visa are:

  • The visa is valid for 4 years instead of the usual 1 year.
  • There is no requirement of work permit
  • Spouse and children will have the same rights as the SMART Visa holder in Thailand (only SMART T Visa allows the dependents to work in Thailand)
  • Extension of Visa (annual reporting instead of 90 days)
  • No re-entry permits

 

To see if you are eligible to apply for Thailand SMART Visa, contact us for initial consultation.

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Work Permit Process for BOI Companies

In order to process a work permit for expats who work at a BOI company, first your Thailand BOI company needs to register in the BOI E-expert system online, where you will later apply for a work permit for your foreign employees, experts and specialists as well as extend their work visa.

Steps in processing work permits for BOI companies:

  1. The BOI company applies for approval from the BOI to hire the various job positions that it needs to have filled by foreigners. So in case just this one position has not been included in the list of positions approved before, then the company will have to do this step again just for this particular position. In some cases your BOI company may already have all of the positions approved including your position, then you will skip this step. This step takes about 3-5 business days.
  2. The BOI company applies for a visa letter from the BOI for the expat employee to take to a Thai embassy or consulate overseas. This takes 1- 3 business days. Then the company can print out the letter to attach with the visa package for the expat to apply for his non-immigrant “B” Visa.
  3. Preparing a Visa package, which includes a cover letter to the embassy or consulate, a Visa application form, 2 pictures, the company’s documents (certificate of incorporation, Memorandum of Association, Company Affidavit, List of shareholders, VAT registration certificate and VAT returns from the latest 3 months). In case your company is not newly set up, a copy of audited financial statements and corporate income tax return of the latest year must be included too.
  4. After the expat comes back into Thailand with a nonimmigrant Business Visa, the company applies with the BOI to hire the expat into the position from step 1. This takes about 3-5 business days. The expat needs to present his education certificate and work experience certificate at this step.
  5. The company prepares the forms to apply for a work permit and Visa extension for the expat.
  6. The company takes the expat to the one-stop service of the BOI in order to get the work permit book and extend his visa to 1 – 2 years. This usually takes the whole day at the one-stop service location.

MSNA is an expert in BOI work permit process. Contact us for any questions regarding your Thailand BOI company or work permit issues.

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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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