Integrity Legal

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 »

Many long term expatriates in Thailand eventually begin to think about the possibility of applying for Thai Permanent Residence. As with many things in Thailand, acquiring Thailand Permanent Residence can be a very time consuming proposition and failure to maintain one’s Immigration status prior to the submission of a Permanent Residence application could result in major delays and frustration.

Although it can be somewhat simple to obtain a short term Thailand visa (Thai tourist visa, ED visa, etc), obtaining a long stay Thai visa can be extremely difficult in some situations. For many, obtaining a Thai business visa can be a daunting endeavor. Even more difficult is the visa extension process which requires a great deal of documentation for those who are seeking to extend a validly issued Thai business visa.  For those who are staying in Thailand on a visa that is based upon a relationship to a Thai national, the extension process generally requires less documentation, but does require a showing of financial sufficiency.

The reason the extension process is mentioned above is due to the fact that it has a critical impact upon the Permanent Residence application. Under current Thai Immigration regulations a foreign national in Thailand must have maintained at least 3 years of unbroken visa status in Thailand in order to be eligible for Permanent Residence. This means that the foreigner needs to have had 3 visa extensions with no “gaps” of unlawful presence.

Maintaining said status for three years can be a difficult task particularly for those who are employed by multiple companies. One in this position must make certain that their visa status remains unbroken despite changes of employment and/or visa sponsorship. For the self-employed who own their own Thai Company and use it to maintain a Thai visa and work permit, this is less of an issue. Even then, one should keep a close eye upon one’s visa status.

A common question with regard to Thai Permanent Residence and prior visa status involves the Thai Reentry Permit. A Thai reentry permit allows a foreigner to leave the country and return while still maintaining the same visa status. If a reentry permit is obtained then lawful status can be maintained and so long as it is maintained for 3 or more years the visa holder may apply for permanent residence in Thailand provided the other requirements are met. If a visa holder does not return to the Kingdom to maintain their status they will fall out of status and subsequently become ineligible for Permanent residence.

Tags: Thai Business Visa, Thai permanent residence, Thai Visa, Thai Visa Extension, Thailand Business Visa, Thailand Permanent Residence, Thailand Visa, Thailand visa extension
Posted in General Legal Information, Legal Opinion, Miscellaneous, Thailand Business, 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 »