Integrity Legal

Thailand has been voted one of the top vacation destinations for those on a budget. Many believe that Thailand with its beautiful weather, captivating beaches, and incredible nightlife, is truly a modern paradise. Many look to the Kingdom of Thailand as a great place for long term tourism or as a location for retirement. No matter what one’s desires are, Thailand has something for everyone. In recent years, Immigration rules, regulations, and restrictions have made staying in Thailand for a long period of time something of a challenge. However, there are still ways in which foreigners can obtain long term visas.

For those of Canadian nationality who are thinking of remaining in Thailand long term, it may be better to obtain a Thai visa while in Canada rather than traveling to Thailand and seeking a Thai visa extension from within the Kingdom. The reason for the need for preparation is based upon the fact that Thai Immigration does allow a foreigner to enter Thailand for a period of 30 days without a visa. At the time of this writing, this rule applies to Canadian nationals. However, the fact is that the foreigner in the Kingdom in this status does not actually have a Thai visa, but instead has a Thai visa exemption. Therefore, applying for an extension in Thailand is very difficult as, legally speaking, there is no visa to extend. This scenario often creates a situation in which the foreigner must then do a “visa run” to an Embassy or Consulate outside of Thailand in order to obtain a visa and return to the Kingdom.

By obtaining a Thai visa before leaving Canada, Canadians can forestall the need for a visa run as Thai multiple entry visas can sometimes be issued with a validity of one year. Upon each entry, the foreign national using a 1 year multiple entry visa will be admitted to the Kingdom for a period of 90 days. That being said, in order for a new 90 days of lawful status to commence all the foreign national need do is leave the Kingdom and reenter. In a sense, this is a visa run, but it only occurs every 90 days rather than once every 30 or 60 days. Also, in this situation, there is no need to go to an Embassy near Thailand as the foreigner’s 90 day stamp should be granted automatically upon reentry.

Another issue that should be considered is that of employment. A 1 year multiple entry Thai business visa can be used as a basis for submitting a Thai work permit application.

Tags: 1 year Thai visa, 1 year Thailand visa, Thai Business Visa, Thai Multiple Entry Visa, Thai Visa, Thai visa 1 year, Thai visa Canada, Thai Work Permit, Thailand Business Visa, Thailand Immigration, Thailand multiple entry visa, Thailand Visa, Thailand visa 1 year, Thailand Work Permit
Posted in Thai Embassy Kuala Lumpur, Thailand Business, Thailand Embassy, Thailand Embassy Myanmar, Thailand Embassy Singapore, Thailand Visa | 13 Comments »

Thai business visa rules can be confusing for some as those who are new to the Kingdom of Thailand can become confused by the Thai Immigration system. Even seasoned expatriates in Thailand have trouble keeping up with the constantly changing rules and administrative procedures. The reason for the confusion can at least be partially attributed to the fact that, like US immigration rules and regulations, there are two Thai government agencies with overlapping authority where Thai visa matters are concerned. The first agency is the Royal Thai Immigration Police who are similar to United States Immigration officials at the Department of Homeland Security in that they oversee the administration of Thai Immigration rules from inside the Kingdom. Then there is the Thai Ministry of Foreign Affairs. The Thai Ministry of Foreign Affairs, through Thai Embassies and Consulates abroad, is tasked with adjudicating visa applications outside of Thailand and when said visa applications are approved they are tasked with promulgating visas.

This brings us to the issue of Thai visa extensions. For many foreign nationals working in the Kingdom of Thailand a visa extension is necessary in order to remain in the Kingdom long term. Some opt to use multiple entry visas, but generally, these visas are not convenient for those who wish to remain uninterrupted or eventually apply for Thai Permanent Residence.

In recent months there has been some discussion among Thai government officers about tightening up the Ministry of Labour regulations regarding foreign workers. Apparently, new rules will go into effect in February 2010 which would make Thai work permit rules more stringent. This will likely have a collateral impact upon those seeking Thai visa extensions as work permit renewal is usually required by Thai Immigration before they will extend a Thai visa. At one time, the One Stop Service could be used by employees of companies with a high registered capital or BOI Companies. One Stop Service allowed foreigners to apply for both a work permit renewal and a visa extension at the same time.

However, One Stop’s jurisdiction has been significantly curtailed and the service itself is effectively non-existent for small businesses. Now, most foreigners wishing to renew their work permit and visa must do so by first making a trip to the Ministry of Labour and then traveling to the Royal Thai Immigration Police headquarters to extend the visa after work permit renewal. At this time, the process seems cumbersome, but there is some hope that the system will be streamlined so as to facilitate more efficient processing of work permits and visas.

Tags: BOI Company, Thai Business Visa, Thai permanent residence, Thai Visa, Thai Visa Extension, Thai Work Permit, Thailand Business Visa, Thailand Visa, Thailand visa extension, Thailand Work Permit
Posted in Thailand Business, Thailand company, Thailand Visa, Upcoming Legislation | No Comments »

Work Permits are always an important issue for foreign nationals living in Thailand. Under Thai law, the right to work is bifurcated from the right to remain in the Kingdom. Therefore, many find that it can be easy to be lawfully admitted to Thailand on a validly issued Thai visa and remain for relatively long periods of time, but it can be difficult to obtain work authorization in the form of a Thai work permit. One of the reasons for this difficulty is that the Thai Foreign Business Act restricts the types of activities that foreign nationals are allowed to engage in while present in Thailand. In many ways, Thailand has maintained protectionist measures in order to insulate the Thai labor force from some of the detrimental side effects of globalization.

Recently, it was announced that the government would be easing some of the restrictions in the Thai Foreign Business Act. At the same time, the Thai government has also announced that the rules still on the books would become the subject of more stringent enforcement. This leads us back to the issue of work permits. It would appear that the government is preparing to allow foreign companies to engage in certain previously restricted activities, but the upshot of this is that the rules and regulations regarding activities that are still restricted will be enforced more diligently than before.  To quote a recent posting on Thaivisa.com from the British Chamber of Commerce in Thailand Magazine:

“Unfortunately, the Labour Department has revised Work Permit regulations and a new list of the types of work foreigners are allowed to conduct will be issued by February 2010 at the latest. According to the current draft of the Ministerial Regulation, the new rules and practice will impact on current work permits (when they are extended) and also new work permits. [...] Despite the position of all foreign Chambers that liberalisation and streamlining of visa and work permit regulations would be advantageous for attracting and retaining much needed foreign investment, certain ministries appear to have taken the opposite view.”

It would appear that the Thai Ministry of Labour is taking a rather tough stance with regard to the enforcement of work permit regulations.

Although it is quite common to see such attitudes in difficult economic times, this author cannot help but wonder if this is the best course of action for the overall Thai economy. Small and medium sized businesses owned or managed by foreign nationals will likely be the most adversely impacted by this new policy and there is strong evidence that such enterprises act as the driving force for the economy-at-large. In these tough economic times, attracting foreign skilled labour and investment may be better than promulgating rules that make working in Thailand more difficult.

Tags: employment authorization Thailand, Thai Foreign Business Act, Thai Visa, Thai Work Permit, Thailand Foreign Business Act, Thailand Visa, Thailand Work Permit, work in Thailand, work permit in Thailand, work permit Thailand
Posted in Thailand Business, Thailand company, Thailand Visa, Upcoming Legislation | No Comments »

It has come to this author’s attention through the channels of Thaivisa.com that the Thai work permit fees are going up effective December 21, 2009. There is only a raise of the initial application fee as the approval fee has not be raised as of the time of this writing. To quote Thaivisa.com’s post about this issue:

“Per written announcement that we received this morning from Bangkok Work Permit Office, the APPLICATION FEE for work permits will increase, effective 21 December 2009 (next Monday) from 100 baht to 600 baht. This increase also applies to applications for changes/modifications of existing work permits. No increase to APPROVAL fees.  I have attached to this posting the Thai-language announcement memo from Bangkok Work Permit Office. I have reported everything that I know about this change.”

A Thai work permit entitles the bearer to legally engage in employment activities within the jurisdiction of the Kingdom of Thailand. Many people in Thailand are under the mistaken impression that a Thai business visa entitles the bearer to work authorization in the Kingdom. In point of fact, this is not the case as a business visa is only a travel document and only has an impact upon one’s ability travel to the Kingdom and request admission.

That being said, a Thai business visa can be used as one component of a well-founded work permit application. This is notable because not all Thai visas can be easily used as a basis for submitting a work permit application. Holders of Thai ED visas , for example, hold a Thai visa category that the Ministry of Labour will routinely deny for work authorization. This is due to the fact that this type of visa is not intended for employment purposes and therefore any employment that a foreigner undertakes on this visa must be substantially related to his or her school or University.

Thai O visas can support work permits, but work permit approval is highly dependent upon the reason for O visa issuance. If the O visa is issued because the foreign national is related to a Thai, either by blood or marriage, then work authorization is generally obtained rather easily. Meanwhile, if a foreign national obtains a Thai visa categorized as “O” simply because it is a long term visa, then it may be difficult to obtain work authorization.

Work permit issues are generally not a concern for those present in the Kingdom of Thailand on a Thai retirement visa because retirees are strictly barred from undertaking employment in the Kingdom. Therefore, a raise in work permit fees will probably not have an effect upon those present in the Kingdom for retirement purposes.

Tags: Thai Business Visa, Thai Retirement Visa, Thai Visa, Thai Work Permit, Thailand Business Visa, Thailand Visa, Thailand Work Permit
Posted in Thailand Business, Thailand Visa, Upcoming Legislation | 2 Comments »

In a recent announcement posted on Thaivisa.com one individual renewing his visa in Thailand was taken aback by the fact that a Royal Thai Immigration officer wanted to test his knowledge of Thai before a Thai visa extension would be granted. To quote the posting directly:

“[I]went to pattaya/jomtien immigration today with all my paperwork to extend my ed visa (callen & walen) for the next 3 months. [A]ll ok on desk number 5 then she pass’s my paperwork to a desk behind her and moves me. [T]he lady starts talking to me in [T]hai, then tells me they are now testing applicants from there 2nd renewal onwards , ie after 6 months on a ed visa. [S]he stated my [T]hai was not up to scratch and that if i did not pass on the next renewal [I] would have my application refused next time. [S]he made it very clear they were now cracking down on ed visa applicants, not surprising really [I] guess with all the signs appearing claiming 1-10 year ed visa’s freely available.”

In recent years Thai ED visas have become extremely popular amongst those who wish to remain in Thailand for a long period of time without resorting “visa runs.” Many have speculated whether these visas would continue to be promulgated as easily as they have been up until this point. One of the popular reasons for obtaining such visas is based upon the applicant’s enrollment in Thai language classes. Until recently, Thai proficiency examinations were not required in order for foreign nationals to remain in the Kingdom on ED visas, but as the above quotation points out, this is no longer the case as Thai immigration officers seem to increasingly demand that applicants for ED visa renewal show some sort of proficiency in the Thai language.

A Thai visa classified as “ED” can be a useful travel document for a student in Thailand, but they are not particularly useful for those who wish to obtain a Thai work permit. Under current Thai immigration and labor regulations it is very difficult to obtain a Thai work permit if the applicant is present in the Kingdom on an ED visa. In some limited cases it may be possible to obtain a work permit on an ED visa if the work is in connection with the applicant’s school. For those interested in working or owning a business in Thailand it may be wise to apply for a Thai business visa as this document can be used, in conjunction with other documentation, as a basis for submitting a work permit application.

Tags: ED Visa, Ed Visa Thailand, ED Vise Thai, Royal Thai Immigration, Thai Business Visa, Thai ED Visa, Thai Visa, Thai Visa Extension, Thai Work Permit, Thailand Business Visa, Thailand ED Visa, Thailand Immigration, Thailand Visa
Posted in Thailand Visa, Upcoming Legislation | No Comments »

Living in Thailand is a dream of many, but the logistical difficulty of remaining in the Kingdom long term can be confusing to some. For those living or residing long term in Thailand there are some obstacles which must be overcome in order for a foreign national to unilaterally deal with personal business issues in the Kingdom. Most important for those staying in Thailand is Immigration status. One must remain in lawful status while in the Kingdom. This can be difficult for those who initially entered the Kingdom on a Thailand visa exemption. A Thai visa exemption only allows lawful status for a period of 30 days and it is very difficult to have this document converted into a proper visa. After conversion it may be even more difficult to have the newly acquired visa extended. Therefore, having a proper long term visa on arrival may be the best course of action for the new expatriate.

Bank Accounts are another major issue for those living in Thailand. Thai bank accounts can be difficult to open for those who do not have a valid Thai visa and work permit. Many Thai banks have different rules on this issue, but at the time of this writing, the prevailing rule seems to be that one needs a Thai work permit and visa in order to open a bank account. There are some who have noted that one may have less difficulty opening a Thai bank account if one has already obtained a Thai business visa and remains in lawful status on said visa. In certain situations, it may be possible for a foreign national to open a Thai bank account without a Thai work permit, but one should consult an attorney in Thailand regarding bank account setups without a work permit.

Mortgages are also an issue for foreign nationals wishing to remain for an extended duration in the Kingdom of Thailand. Thai banks are very reluctant to loan money to non-Thais. Therefore, a foreign national may find that it is very difficult to receive financing for an abode in Thailand. An ancillary issue is that of house registration, many foreigners find it is very difficult to obtain a foreign Tambien Baan (House Registration Booklet, also spelled Tabien Baan) from the local Amphur Office (Civil Registrar’s office). In the case of Thai mortgages, the foreigner’s financial situation will likely be the determining factor in actually obtaining a mortgage. As to the House Registration, success in this endeavor may hinge upon retaining a Thai lawyer.

Tags: attorney in Thailand, Bank Account Thailand, Thai Bank Account, Thai Business Visa, Thai Lawyer, Thai Mortgage, Thai Visa, Thai Work Permit, Thailand Bank Account, Thailand Mortgage
Posted in General Legal Information, Thailand Business, Thailand Visa | No Comments »

Work Permits can be a major issue for those engaging in non-recreational activity in Thailand. Thaivisa. com is reporting that some of those involved with the King’s Cup Regatta were worried that the Ministry of Labour and the Royal Thai Immigration Police may crackdown on foreigners participating in the Regatta. The reason for the possible crackdown was supposedly to be due to unsanctioned employment-like activity. Fortunately, as Thaivisa.com is reporting, rumors of a crackdown are unfounded as authorities have stated that no sailors will be detained for work permit violations connected with the event.

Quoting Thaivisa.com:

Rumors of an imminent crackdown on foreign sailors taking part in the King’s Cup Regatta over work permit violations are untrue, the head of Phuket Immigration has confirmed. A thread on the popular Thai Visa web forum yesterday started with the post:  ’Latest from Phuket Town… raiding King’s Cup regatta tomorrow for professional sailors without work permits….’ As Immigration Police would have to play a role in any such crackdown, the Gazette contacted Phuket Immigration Police Superintendent Col Chanatpol Yongbunjerd to see if the rumor was true; it wasn’t, and isn’t. ‘I guarantee that such arrests won’t happen,’ he said.”

Although it may seem trivial, some officials take work permit violations very seriously. As a result, some activities which foreigners consider to be “non-employment,” are used as a basis for fining or detaining individuals in the Kingdom for violations of Thai Labor law.

Immediately following the relatively recent Tsunami in Southern Thailand, many volunteers arrived to assist in relief efforts. Some of these volunteers were disturbed to be informed by Thai authorities that they were in violation of Thai labor regulations. To quote Thailandqa.com:

“‘More than 1,000 foreign volunteers from about 25 countries helping tsunami survivors rebuild shattered lives were outraged yesterday to hear they face legal action by the Labour Ministry unless they have a work permit. Sombat Boonngam-anong, director of the Chiang Rai-based Krajok Ngao Foundation, said confusion and anger reigned among the foreign volunteers at Khao Lak in Phangnga’s Takua Pa district when a Labour Ministry official told a local English-language newspaper that they were required to register with the ministry for a work permit otherwise legal action would be taken against them starting March 1.’ — Bangkok Post, 2nd March 2005, PENCHAN CHAROENSUTHIPAN”

Normally, in order for a foreign national to obtain a Thai work permit the applicant must also present a validly issued Thai visa. Many Thailand visa categories enable the bearer to apply for a work permit. However, the most optimal visa category to support a work permit is the business visa. Unfortunately, it can be difficult to obtain a Thai business visa from a Thailand Embassy or Consulate abroad and therefore many opt to stay in Thailand on tourist visas or exemption stamps. Neither of these documents, on their own, can be used as a basis for submitting a Thai work permit application. Therefore, those wishing to work in the Kingdom should seriously consider applying for a proper visa prior to arrival.

Tags: Ministry of Labor Thailand, Ministry of Labour Thailand, Thai Immigration, Thai Ministry of Labor, Thai Ministry of Labour, Thai Visa, Thai Visas, Thai Work Permit, Thailand Ministry of Labor, Thailand Ministry of Labour, Thailand Visa, Thailand Visas, Thailand Work Permit, Visa Thai, Visa Thailand, work permit Thailand
Posted in General Legal Information, Thailand Business, Thailand Embassy, Thailand Visa, Weird Law | No Comments »

The Thai Ministry of Labour seems to be preparing for a major overhaul of the Thai work permit rules. Currently, Thai work permit regulations are relatively straightforward and the process is not particularly cumbersome. However, it would appear that new rules will be put into effect in the beginning of 2010. The following is a brief overview of the proposed rules and requirements.

Currently, there is a list of jobs that foreigners can and cannot engage in, an updated list of the types of employment which foreign nationals will be permitted to engage in will be promulgated on or before February 23, 2010. Pursuant to recent drafts of the updated Ministerial Regulations on the kinds of work that foreign nationals are permitted to engage in, these updated rules and will impact on currently valid work permits as they will be reevaluated upon extension.

The new protocols will force foreign nationals, when submitting a request for a work permit to be issued or renewed, to explain both the type of work (apparently, there will be between six and eight employment categories) and the actual job title that the foreign national will apply for.

Information regarding Ministry approved positions will not be available to the public as only officers at the Thai Ministry of Labour will have the list of approved positions. This list will be in an “internal guidebook,” which will only be distributed within the Ministry.

If a foreigner applies for a position that is not listed in the Ministry’s “internal guidebook,” the application will likely be denied. The foreign national may submit a new application but it will be placed under heavy scrutiny by the officers.

The sponsoring company’s business plan will also be required as well evidence showing that the company attempted to employ a Thai national in the position, but was unsuccessful in finding anyone to fill the role.

It should be noted that although these new rules will not have a direct affect upon one’s Thailand visa, failure to obtain a Thai work permit before one’s visa extension application is due could result in an inability to obtain a new visa extension and thereby cause the foreigner to fall out of status. For those staying in Thailand on a business visa, it may be wise to keep an eye upon the work permit rules as these rule changes will likely affect a foreigner’s ability to remain in the Kingdom in their current position. Those who own a company in Thailand should stay abreast of the rules as they could have a major impact upon a company’s human resources department.

Tags: new work permit rules Thailand, Thai Business Visa, Thai Company, Thai Visa, Thai Work Permit, Thailand Business, Thailand Business Law, Thailand Business Visa, Thailand company, Thailand Visa, Thailand Work Permit
Posted in General Legal Information, Legal Opinion, Miscellaneous, Thailand Business, Thailand company, Thailand Visa | No Comments »

In Thailand, any foreign national who wishes to be employed in the Kingdom must first obtain a work permit. Any Thai company that wishes to employ a foreigner must first meet certain requirements before the Thai Ministry of Labour will issue a work permit to a foreign national. Most notable among the requirements: any company employing a foreigner must have at least 2 million baht in registered capital (There may be exceptions for those with Thai Permanent Residence or an O visa based upon marriage to a Thai national). For the most part, employees in Thailand will only have one employer. However, sometimes situations arise where a foreign worker wishes to take up a second job. In this case a second employer will need to be noted in the work permit booklet.

There is a common misconception that a Thai work permit allows a foreigner to work anywhere in any capacity within the Kingdom of Thailand. Unfortunately, this is not the case, the work permit simply allows the foreigner to be engaged in the specifically noted activity stipulated in the work permit. Further, the work permit only allows the foreigner to be employed at the place of employment noted in the work permit booklet. Therefore, the address of the employer could be inferred as the only location where the foreigner is eligible to work.

Should secondary employment be sought by the foreigner, then it may be possible have another employer noted in the foreigner’s work permit. However, the first employer must agree to have a second employer noted therein. Further, the activity specified in the permit must be in conformity with the employment restrictions in the Thai Foreign Business Act. This legislation restricts foreigners from engaging in certain business activities in the Kingdom of Thailand.

The addition of a second employer should not have an impact upon the foreign national’s visa status in the Kingdom provided the original employer continues to meet the Thai Immigration rules regarding requirements for sponsorship of a Thai visa extension. Basically, the foreign national will continue to maintain one visa (sponsored by the original employer), but will have two work authorizations (one for the original employer and another for the secondary employer).

In a case where the original employment is ending, but the foreign national wishes to continue to reside in the Kingdom and work for what had been his second employer, a new Thailand visa extension could be issued if the foreigner quickly petitions for such an extension (it usually must be within 7 days) and the secondary employer meets the requirements for sponsoring a Thai visa extension.

Tags: Thai Visa, Thai Visa Extension, Thai Work Permit, Thailand Business, Thailand company, Thailand Visa, Thailand visa extension, Work Permit, work permit Thailand
Posted in Legal Opinion, Miscellaneous, Thailand Business, Thailand Visa | 1 Comment »

In Thailand, a major concern for expatriates, tourists, and permanent residents is banking. Many people need to set up Thai bank accounts in order to transact personal business in the Kingdom or for international financial purposes. Unfortunately, like many things in Thailand, setting up a Thai bank account can be somewhat difficult, especially for a new arrival trying to establish themselves. In Thailand, each financial institution has its own unique set of rules and regulations imposed upon those who wish to set up an account. Compounding this byzantine situation is the fact that rules and requirements depend upon the type of account one wishes to set up. Business accounts, Foreign Currency accounts, personal savings accounts, and checking accounts all have differing documentation requirements.

For those entering the Kingdom on a Thai visa exemption, opening a bank account in Thailand may prove difficult as many banks are now requiring that an applicant have at least a long term non-immigrant Thailand visa. Some banks take their due diligence efforts one step further and require that a prospective account holder provide a Thai work permit. The practice of requiring a Thai work permit seems to have become a common requirement for nearly all Thai banks in recent months.

There are others who wish to set up Thai corporate bank accounts in the Kingdom, these people are often either the Managing Director of a Thai company or they are thinking of setting up a Thai company. In either case, a great deal of documentation must be submitted in order to obtain a Thai bank account for a Thai corporation. Even where a corporate account can be established, a personal savings account may be necessary if one wishes to have a debit card. As a general rule in Thailand, banks will not issue debit cards for corporate checking accounts. Credit Cards are also notoriously difficult to obtain for corporations as well as individuals who are not Thai Citizens. It is possible to obtain a Thai Credit card, but in many cases the requirements are extremely stringent.

An issue ancillary to Thai banking is Thai mortgages. Obtaining a Thai mortgage can be very difficult for a foreigner. For those wishing to buy a Thai condo it must be remembered that funds for purchase must be brought into the Kingdom from abroad. How this requirement interacts with issues surrounding the Thai mortgage likely is dependent upon the unique facts of the situation.

Tags: Thai Bank Account, Thai Banking, Thai Company, Thai Condo, Thai Credit Card, Thai Mortgage, Thai Visa, Thai Work Permit, Thailand Bank Account, Thailand Banking, Thailand company, Thailand Credit Card, Thailand Visa
Posted in General Legal Information, Legal Opinion, Miscellaneous, Thailand Business, Thailand Property, Thailand Real Estate | No Comments »