Work permit and long-term work visa

Thailand has strict rules on the employment of foreigners to prioritize protecting job opportunities for locals. If you want to work legally in Thailand as a foreigner, you need to obtain a work permit and the appropriate visa. This article will guide you through the two main ways to obtain these permits.

Obtaining a work permit as an employee
The first way is to get a job with a company that is authorized to employ foreigners. However, there is a strict restriction - for each foreign worker, the company must employ at least four Thai citizens. The company must demonstrate compliance with several requirements, such as a registered capital of at least 2 million baht and proof of tax payments. (Board of Investment (BOI)-approved companies may have different conditions.) In addition, you must have a Non-immigrant B visa, which allows you to stay in Thailand for 90 days, during which you will process your work permit. 

This process requires several documents, including:

• A valid passport,

• A work contract,

• A health certificate,

• Other company documents such as registration and tax certificates.

a) Non-Immigrant B Visa (Business Visa)
This visa is the first step towards obtaining a work permit, but on its own is not enough to allow a foreigner to legally work.

Types of Non-Immigrant B Visas:

• Single Entry – valid for 90 days, during which the applicant must obtain a work permit and apply for a visa extension.

• Multiple Entry (1 year) – allows entry and exit from Thailand for one year, but still does not mean an automatic right to work.

• For entrepreneurs and investors – can also be obtained by those who want to do business or invest in Thailand, but do not want to become employees.

Requirements for obtaining a Non-Immigrant B Visa:

• A job offer from a Thai company or proof of business intent.

• Invitation from a Thai company.

• Financial evidence and possibly bank statements.

• Other documents required by the embassy/consulate (varies by country).

b). Work Permit
In order for a foreigner to legally work in Thailand, after obtaining a Non-Immigrant B visa, he must apply for a work permit from the Department of Employment.

What does a work permit mean?

• It allows a foreigner to legally work for a specific employer.

• It states the exact job title, employer name and job responsibilities.

• If a foreigner changes employers, he must apply for a new work permit.

• A work permit is usually issued for 1 year (for BOI companies it can be for 2 years).

Conditions for granting a work permit:

• The employer must meet the conditions (e.g. minimum registered capital, ratio of foreigners to Thai employees).

• The employee must have a Non-Immigrant B visa.

• The company must provide financial statements, tax returns and proof of VAT registration.

• Medical examination (sometimes required).

• Criminal record check (from home country).

The Non-Immigrant B visa is intended for foreigners who wish to stay in Thailand for business or employment purposes. It is issued by a Thai embassy or consulate abroad. The visa is typically valid for 90 days with the option to extend, or it may be issued as a one-year multiple-entry visa. However, this visa alone does not permit the holder to work; a work permit is still required. To obtain the visa, an invitation or sponsorship from a Thai employer is usually necessary, along with financial or supporting documents. Visa extensions are processed at the immigration office.

The work permit is the official document that allows a foreigner to legally work in Thailand. It is issued by the Ministry of Labour and is generally valid for one year, or up to two years for BOI-supported companies. A foreigner may work only in the specific job position approved in the permit. To apply, a valid Non-Immigrant B visa is normally required, and the employer must meet legal criteria. The work permit can be extended if both the company and the employee fulfill the necessary conditions.

• Working without a work permit is illegal! Even if you have a Non-Immigrant B visa, you are not allowed to do any work without a valid work permit.

• Penalties for working illegally include fines, deportation, and being banned from entering Thailand.

• A work permit is tied to a specific employer – if you change jobs, you must get a new one.

Starting your own business
If you are planning to start your own business, you have the option of being self-employed. Be careful though! Even if you are the owner of the business, you are not allowed to do any manual or other active work. This rule is strictly enforced. Any physical or administrative work must be done by Thai employees or foreigners with a valid work permit.

Steps to getting a work permit as a business owner:

• Starting a business, where a Thai citizen must own at least 51% of the shares. (There are ways for a foreigner to gain majority control, such as through BOI-sponsored companies or other legal structures)

• Renting commercial space where the business will be officially registered.

• Employing at least four Thai citizens full-time and paying their social security contributions.

• After three months of employment, you can apply for a work permit and then a long-term work visa, which will allow you to carry out active work.

As a business owner, you are not allowed to perform any work that should be performed by a Thai employee.

This restriction also applies to communicating with third parties or assigning tasks to employees.

! This role must be filled by a Thai partner !