Once a decision has been reached to open a business in Thailand, foreign nationals will need to apply for work permits in order to legally work in Thailand. Work permits are legal documents that state what a foreigner’s position, occupation or job description is along with the company he is working for. It serves as a license to perform any jobs or occupations that are permitted for foreigners to engage in within the Kingdom of Thailand.

In order to secure a work permit in Thailand, foreigners normally will need an initial non-immigrant B visa, which must be obtained before entering Thailand. After they have a non-immigrant B visa, they may begin the process of applying for work permit from their local branch office of the Ministry of Labor, a process which generally takes about 7 days to complete. Foreigners are eligible to apply for a work permit as long as they have a non-immigrant B visa or a resident visa, have an available employer who will provide documents for the work permit, and the occupation which they intend to perform is not on the restricted list of occupations prohibited to foreigners.

Streamlined Options for BOI Promoted Projects

In the case of investors and businesses interested in investigating opportunities within Thailand, special options are available to simplify and speed up this process. To begin with, before any BOI promotion certificates are issued, foreign nationals who wish to enter to the Kingdom for the purpose of studying investment opportunities (or while their application is under consideration) may submit an application to bring in foreign technicians and/or experts by completing a “F FR TR 01-05” application form, which provides biographical information about the foreigner and details about the company which they represent. Under section 24 of the Investment Promotion Act, anyone or any company that is considering investing in Thailand may submit this application, when they are applying or intend to apply for BOI promotion privileges. Upon completion, the application can be submitted; applicants can expect to receive a response within 3 to 10 working days. Once approved, they can then obtain their visa and work permits at the One Start One Stop Investment Center (OSOS) at Chamchuri Square in Bangkok's Central Business District (CBD).

After a BOI promotion certificate has been issued, foreign companies who wish to bring personnel into the Kingdom for the purpose of conducting their business under Section 25 of the Investment Promotion Act may also register through the online Single Windows for Visa and Work Permit System. Submitting their application forms there will enable them to obtain the visas and work permits needed in order to bring in any necessary foreign technicians and/or experts and family to the Kingdom that they require. This facility greatly reduces the amount of time and effort normally required to obtain visa and work permits for numerous employees. No longer is it necessary to submit multiple applications to multiple agencies, waiting for approval from one before moving on to the next. This streamlined system can save investors both time and money.

Inaugurated on February 1, 2018, Thailand's SMART Visa program offers another way for foreigners to bring their talents and start a business in Thailand. Providing a renewable maximum four year visa to qualified applicants, the program is aimed at startup entrepreneurs investing in new businesses, as well as experts, highly-skilled professionals, and senior executives and investors who will help build and expand Thailand's capacity in the targeted industries and business activities of next-generation automotive development, smart electronics, affluent, medical and wellness tourism, ‘food for the future’, agriculture and biotechnology, automation and robotics, aviation and logistics, bio-fuels and biochemicals, digital businesses, medical hubs, environmental management and renewable energy, human resource development in science and technology, and alternative dispute settlement.

Besides providing an extended multi-year visa, the program offers several other popular benefits, including permission to work without a work permit and an exemption from the usual company 4:1 Thai to foreign worker ratio requirement. It also provides a reduction in the number of times foreigners must notify immigration of their current address to once annually, plus access to the fast track service at the country's international airports and the elimination of the need to acquire a re-entry permit before traveling out of the country and subsequently returning.

SMART Visas are available in five versions, SMART-T for highly skilled experts (talents), SMART-E for senior executives, SMART-I for investors, SMART-S for startup entrepreneurs, and SMART-O for spouses and dependents of SMART Visa holders. Interested persons should visit the SMART Visa website, where they can get additional information, create an account, and submit their applications. Successful applicants should receive their endorsement letter within 30 working days. Thereafter, the applicants can bring their letter to any Thai embassy or consulate, or to the EEC Labour Administration Center in Chonburi province or to the OSOS at Chamchuri Square, to obtain their visa.

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