Is
a visa as well as a work permit necessary?
Yes.
All foreign employees are required to have a work permit
that specifies the location of their employment and the
period of time they are allowed to work. An applicant
must have a non-immigrant visa or a residence permit prior
to applying for a work permit. A non-immigrant visa can
be obtained from a Thai consulate or embassy outside of
Thailand by providing the following documents: the new
company's registration certificates, the duly certified
company stamp, proof of a lease on a business premises,
and a letter from the company confirming employment. (From
a consulate or embassy in a western country all of this
paperwork may not be necessary. However, after the attacks
of 9/11 many consulates have begun to more strictly follow
official rules. Furthermore, small, start-up companies
may be required to provide more documents than larger,
well established businesses who may only need to provide
a letter of employment.)
How
do I get a work permit?
After
receiving a non-immigrant visa a foreigner can apply for
a work visa from a consulate or embassy outside of Thailand
or from within Thailand. If applying from outside of Thailand
then the application may be submitted from abroad, but
the applicant must appear at the Department of Labor to
sign the work permit. Within Thailand a foreigner can
get an extension of his non-immigrant visa and can apply
for a work permit with the Department of Labor after the
company is properly registered.
Are
there any other requirements for obtaining a work permit?
In
order to hire foreign employees a foreign business is
required to prove one of the following five requirements:
1) Capital of 2,000,000 baht (approx. 46,000$ USD) for
each foreign work employee,
2) 3,000,0000 baht in taxes paid annually by the company,
3) 3,000,0000 baht in annual exports by the company,
4) taxes paid by each foreign employee of at least 18,000
baht per year, or fifty (50) Thai citizens employed per
each foreign employee.
(It should be noted that The Labor Department may determine
the minimum number of Thai employees a business must hire
after reviewing an application for registration of a business.
Different types of companies have different requirements.
Normally on an initial application, companies should show
at least six Thai employees until they receive specific
directions from the Labor Department indicating a different
number. This requirement is separate to the number of
employees necessary for obtaining foreign work permits.)
Is
there any way to have work permits processed more expediently?
Yes.
Work Permits and visa extensions can be acquired in three
hours at the One Stop Service Center assuming all applicants
are qualified, necessary documents are provided, and applications
are complete and accurate. In order to qualify a business
must either have a specified amount of minimum capital
or assets or be promoted by the BOI.
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