If you are among the many foreigners who consider Thailand a dream destination and wish to settle here long-term, working in Thailand is one of the best and most practical options. Every foreigner working in the Kingdom requires a work permit, the application process for which can be quite complicated for some. However, the work permit entitles you to exercise your rights and enjoy the benefits of being an employee in Thailand. Anyone working without a valid permit faces penalties according to the law.

Before you decide to move to this beautiful country, it's helpful to understand the basics and requirements for applying for a work permit and work visa so you can enjoy your life in Thailand without any worries and comply with all regulations. This comprehensive guide will walk you through the entire process.

Thai work visa and Thai work permit – what is the difference?

In some countries, a work visa and a work permit are synonymous, but not in Thailand. Foreigners often mistakenly believe that they can start working immediately after receiving a work visa without any further permits. To work legally in Thailand, foreigners need both a work visa and a work permit. These two documents are not interchangeable.

  • All non-Thai citizens wishing to work in Thailand require a work visa, which must be applied for in their home country. Several visa types allow foreigners to apply for a work permit after entering Thailand, such as the Non-Immigrant B Visa or the Thai Spouse Visa. The work visa is issued by the Royal Thai Embassy or Consulate and must be stamped in the passport.
  • A work permit is applied for once foreigners have entered Thailand with a valid work visa. This document, issued by the Ministry of Labour, specifies the foreign worker's occupation, position, and the employing company. This permit entitles non-Thai citizens to legally work or start a business in Thailand.

    • What types of work visas are there?

    As mentioned previously, there are various types of non-immigrant visas that allow foreigners to work in Thailand. Foreigners must choose the visa type that best suits their circumstances and the nature of their planned work. It is recommended that, before commencing any business activity in Thailand, they familiarize themselves with the activities listed in the Thai Foreign Business Act that are prohibited for foreigners.

    Here are the types of nonimmigrant visas that foreigners can apply for for work-related purposes.

    Non-immigrant Visa B (Business Visa)

    This is the most common type of work visa for foreigners who wish to work or do business in Thailand. Foreigners first apply for a Non-Immigrant B visa in their home country, which typically allows them to stay in Thailand for 90 days. After receiving their work permit within these 90 days, they can, with the support of their employer, apply for a one-year Non-Immigrant B visa while still in Thailand.

    Non-immigrant BA visa (business visa)

    This visa is typically granted to investors establishing a business in Thailand. The affiliated company in Thailand can assist the foreign investor with the visa application. The visa is valid for one year. However, its issuance is relatively rare and most likely depends on the discretion of the embassy or consulate.

    Non-immigrant IB visa (investor and business visa)

    The Non-Immigrant IB Visa is intended for foreign nationals who wish to work for companies or projects promoted by the Board of Investment of Thailand (BOI). These are projects recognized by the BOI as beneficial to the Kingdom.

    Non-immigrant M visa (media visa)

    This visa is issued to foreigners who wish to work in the Thai media industry, for example in television, film, or online media. Depending on the type of media activity planned, permits from the relevant authorities may be required.

    Non-immigrant visa O (accompanying family members)

    If a foreigner who has been granted a work visa wishes to bring their spouse or family members to Thailand, they will need a Non-Immigrant O visa. This visa is also issued to foreign nationals performing volunteer work, those married to Thai citizens, or those considered pensioners.

    Smart Visa

    The Smart Visa is a new visa category for foreign professionals with specific knowledge and experience, foreign investors, startup founders, executives, and family members of Smart Visa holders. These highly skilled professionals must work in target industries such as biotechnology, smart electronics, biochemistry, etc.

    Those who receive a Smart Visa can stay in Thailand for four years and are entitled to special privileges, including exemption from the work permit requirement.

    Once the official visa has been received, the next step is to apply for a work permit with the support of the Thai company for which the foreigner is working. The work permit must be obtained before employment can commence.

    Requirements for a Thai work permit

    Foreigners wishing to work in Thailand should be aware that not every company can issue work permits to foreign employees. Both the company and the foreign worker must meet certain requirements to apply for a work permit.

    General requirements for companies include:

  • Officially registered as a legal entity in Thailand.
  • Minimum 2 million baht share capital per work permit
  • For each work permit, at least four Thai nationals were employed.
  • For companies registered abroad, the required minimum capital is 3 million baht per permit.

    • Exceptions to these requirements may be granted if the company receives funding from the BOI. However, the company must explain to the BOI why foreign staff are needed for the project.

    The foreign applicant for a work permit must meet certain requirements. These include:

  • A suitable type of non-immigrant visa
  • A formal job offer from a company in Thailand
  • Educational background and professional experience relevant to the work area the person will be performing
  • Relatively healthy, without serious illnesses or addictions

    • Documents required for applying for a work permit

    In most cases, the employer is responsible for applying for the work permit. This can be done before or after the foreign worker enters Thailand. However, the worker must be present when collecting the work permit.

    Below you will find lists of the documents required by the company and the foreign individual.

  • Application form for a work permit
  • Extract from the commercial register and list of shareholders
  • VAT certificate and returns
  • Forms for social security payments
  • Corporate tax returns
  • Employment contract between the company and the foreign person

    • Documents of the foreign employee:

  • Original passport and copies of the nonimmigrant visa page, the last entry page and the personal details page.
  • Copies of employment references from previous employers
  • Copies of educational certificates or degrees
  • Recently issued medical certificate
  • Three 3×4 cm photos that are no more than 6 months old.
  • Other relevant certificates and licenses

    • Copies of all original documents must be signed. Furthermore, some documents may need to be translated into Thai, especially if they are written in languages ​​other than English. Therefore, it is advisable to prepare these documents in advance.

    Procedure for applying for a work permit in Thailand

    Once all documents are prepared, the foreign worker or company must submit the application for a work permit to the Ministry of Labor. However, if the company is supported by the BOI (Bureau of Incentives for International Cooperation), the work permit must first be applied for and approved through the BOI system. The work permit is then issued at the One-Stop Service Center.

    Step 1: Apply for a suitable non-immigrant visa.

    As previously mentioned, a foreign professional needs a non-immigrant visa to obtain a work permit. This visa allows non-Thai citizens to work in Thailand. It can be applied for at the Thai embassy in the applicant's home country before entering Thailand. If the foreigner is already in Thailand on a tourist visa, they must convert it to a non-immigrant visa. This visa is valid for 90 days and can be extended after the work permit has been granted.

    The documents required to apply for a nonimmigrant visa may vary depending on the regulations of the respective embassy. Below are the generally required documents.

  • Application form for a nonimmigrant visa
  • A job offer from a company in Thailand
  • Original passport with a validity of at least 6 months
  • Employment contract between the company and the foreign employee
  • Invitation letter from the hiring company including job details
  • Other documents requested by the embassy or consulate.

    • Step 2: Apply for a work permit

    The application for a work permit must be completed within 90 days before the applicant's nonimmigrant visa expires. The official work permit booklet is issued by the Department of Labor to foreign workers. Both the hiring company and the foreign worker must meet the requirements established by the Department of Labor to be considered for a work permit.

    Applications that meet certain requirements or are submitted as part of a BOI-supported company can be processed at the One-Stop Service Center and approved within one day.

    Step 3: Approval of the work permit

    Once all application documents have been submitted, the applicant will receive notification of the date for collecting the work permit. On the collection date, the foreign applicant must appear in person with their original passport to receive the work permit stamp from the employment office.

    Processing typically takes 7–10 working days if the application is submitted in Bangkok. Applications from Phuket can take up to 2 months to process.

    It is important to note that the work permit is valid for a maximum of one year and must be renewed. Different regulations apply to companies supported by the BOI (Business Innovation Agency).

    After receiving the work permit, the foreign worker must apply for a visa extension from 90 days to at least one year.

    Work permit restrictions and obligations

    Foreign nationals with a work permit may only work for the company and in the roles specified in the permit. Working outside the scope of the permit can result in criminal penalties such as imprisonment and fines.

    Furthermore, maintaining a work permit also entails obligations.

    Income tax return

    The foreign employee must apply for a personal tax identification number from the tax office. The process is straightforward and can be completed within one day with the required documents. With this tax identification number, the foreign employee can submit their annual income tax return.

    90-day notification

    Every foreigner with a residence permit for Thailand is required to report their current address to the Thai Immigration Bureau every 90 days. This can be done in person at the Thai Immigration Bureau, by mail, or with the help of an agent. Here you will find step-by-step instructions for reporting online every 90 days.

    Re-entry permit

    If a foreigner holds a single-entry visa and wishes to leave and re-enter Thailand, they must first apply for a re-entry permit. The visa is directly linked to the work permit. If the foreigner leaves the country and consequently loses their visa, this will affect their work permit. Applications for a single or multiple-entry re-entry permit can be submitted at the immigration office or at the immigration counter at the airport.

    Termination, changes and extension of work permits

    Termination of work permit

    Upon termination of employment, the resignation must be reported to the Ministry of Labor for the cancellation of the work permit and visa. The foreigner is usually granted a seven-day extension of stay to depart Thailand.

    Job change

    If a foreign worker wishes to change jobs during their stay in Thailand, they must agree on a termination date with their current employer. At that time, the employer will initiate the cancellation of the work permit. Meanwhile, the new employer must prepare the necessary documents for applying for a new work permit and extending the stay. If the residence permit in Thailand expires before the documents have been submitted to the immigration authorities, the foreigner must leave the country to apply for a new non-immigrant visa and a new work permit.

    Extension of work permit

    The work permit must be extended or renewed before its expiry date. The foreign worker and the hiring company must ensure that the worker's visa is extended first in order to renew the work permit. The required documents are the same as for the original work permit application.

    How much does it cost?

    Fees for the non-immigrant B visa (business visa):

  • One-time entry fee of 2,000 Baht, valid for three months.
  • Multiple entries cost 5,000 Baht and are valid for one year.

    • Fees for applying for a work permit:

  • Registration fee of 100 Baht
  • The fee for the work permit is 750 Baht and it is valid for three months.
  • The fee for the work permit is 1,500 Baht and it is valid for three to six months.
  • The fee for the work permit is 3,000 Baht and it is valid for one year.
  • Additional fees, such as for the translation and legalization of documents

    • Applying for a work visa and work permit requires careful preparation. To ensure your professional or entrepreneurial start in Thailand is as smooth as possible, local lawyers are happy to assist you, simplifying the process and guiding you through every step. Contact us for professional support.