The forthcoming piece was created in an attempt to provide information to readers interested in seeking insight on Thai work permits for foreign nationals in Thailand.
Each year, the Kingdom of Thailand attracts many visitors from around the world. Some tourists decide to stay in Thailand for a short period of time for leisure purposes. Meanwhile, others who come to Thailand decide to remain. Those who stay in the Kingdom on a visa category such as a Student visa or a Retirement visa are generally not permitted to obtain a Thai work permit pursuant to relevant Thai labor and immigration rules. Although, those physically in the Kingdom of Thailand in Thai business visa status might be able to submit an application for a Thai work permit.
Thailand can offer many opportunities to businesses small and large, but any foreign national wishing to conduct business or undertake employment in the Kingdom are likely to be required to have a work permit lest they face fines or punishment from the Thai authorities. In many ways, the rules regarding Thai work permits are quite different from such rules in other countries of the Association of Southeast Asian Nations (ASEAN). Notwithstanding this fact, such regulations are enforced in the Kingdom of Thailand.
Many people who are unfamiliar with Thai law believe that the Thai business visa permits the bearer to work in the Kingdom. This is simply not true. In some rare circumstances a visa for Thailand may have work authorization conferred within the provisions of the travel document itself. For instance, those physically present in the Kingdom of Thailand on an official passport bearing a Thai category "F" visa can be allowed to work without obtaining a work authorization document from the Labor Ministry. Although, such visas are not acquired with ease and generally only obtained within the context of those having official business in Thailand.
Those individuals with a Thai business visa (whether multiple entry or single entry) are generally compelled to acquire a Thai work permit prior to undertaking any kind of labor within Thailand. Even those who are traveling to Thailand in order to undertake volunteer work are required to obtain a Thai work permit. The work permit can also be an important travel document for those who wish to eventually obtain Thai Permanent Residence. In order to be granted lawful permanent residence in the Kingdom of Thailand, the applicant must have maintained a Thai work permit for a statutorily prescribed period of time.
Those wishing to obtain a work permit must either have an employer in Thailand willing to sponsor a foreign national for a Thai work permit or have a Thai company. Those who have incorporated a Thai limited company may be able to receive a work permit in connection with their role in the organization. It should always be noted that decisions regarding Thai work permits are made on a case-by-case basis.
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Benjamin Hart is an American attorney, the Managing Director of Integrity Legal (Thailand) Co. Ltd., and Int'l Director of White & Hart Ltd. Contact: 1-877-231-7533, +66 (0)2-266-3698, or info@integrity-legal.com. See:
Work Permit &
Thai business visa .
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