How to get a work permit in Thailand?

Obtaining a work permit in Thailand is a crucial step for any foreigner who wants to work legally in the country. Whether it’s for a salaried job or as an entrepreneur, it’s important to understand the process, the criteria required and the different steps to follow. In this article, we will guide you step by step to get your work permit in Thailand.

1. What is a work permit in Thailand?

The Work Permit in Thailand, or “Work Permit”, is a legal document issued by the Thai Ministry of Labor, which authorizes a foreigner to carry out a professional activity in the country. This permit is necessary for all foreign individuals who wish to work in Thai companies or foreign companies based in Thailand.

Who needs a work permit?

Any foreigner who wishes to work in Thailand must obtain a work permit. However, some exceptions exist, such as for foreign investors with a company registered in Thailand or holders of certain types of visas. It is therefore essential to understand the categories of licences available.

2. Types of visas and work permits

A. Work Visa and Associated Work Permit

The work visa (Non-Immigrant B) is one of the most common visas for foreign workers. It must be obtained before you can apply for a work permit. Once in Thailand, the work visa allows you to apply for the work permit, which is issued by the Ministry of Labor.

B. BOI Visa and Work Permit

The Board of Investment (BOI) in Thailand offers tax and other benefits to foreign companies. If you are a foreign investor or an employee working for a company approved by the BOI, you can also benefit from a facilitated work permit. The BOI allows the investor to own up to 100% of the company’s shares and obtain a work permit as an employee.

C. Work Permits for Teachers and Specific Professions

Foreigners who work as teachers in Thai schools or international schools must obtain a specific work permit for this type of activity. In addition, some occupational sectors (such as medical or legal) require separate work permits, often accompanied by specialized qualifications.

3. Prerequisites for obtaining a work permit

A. A Thai employer or registered company

Before you can apply for a work permit, you must have a Thai employer or be employed in a company registered in Thailand. If you plan to set up a business in Thailand and work there, you will also need to register your business and provide registration documents. The employer must be prepared to submit an application for a work permit on your behalf to the Ministry of Labour.

B. Comply with the recruitment criteria

Thai authorities have strict criteria for hiring foreign workers. In general, an employer must justify that they cannot find qualified Thai staff for the position before they can recruit a foreigner. There are quotas for foreign workers per company, and this quota depends on the total number of Thai employees in the company.

C. Qualifications and diplomas

For some professions (such as doctors, lawyers, or teachers), you need to prove that you have the necessary qualifications and diplomas to work in your field in Thailand. Some occupations require validation of qualifications by Thai authorities before they can obtain a work permit.

4. The procedure for obtaining a work permit in Thailand

A. Step 1: Obtain a work visa

Before applying for a work permit, you must first obtain a Non-Immigrant B visa (business visa). This visa is required for people working in Thailand, and it can be applied for at a Thai embassy or consulate in your home country or, in some cases, from Thailand if you are already in the country.

B. Step 2: Submit the work permit application

Once you have your work visa, you or your employer (if you are an entrepreneur) will need to submit a work permit application to the Thai Ministry of Labor. The following documents are generally required:

• Valid passport (with Non-Immigrant B visa)

• Employment contract or letter of employment

• Completed work permit application form

• Certificates of qualification (for positions requiring specific qualifications)

• Company Extract or Proof of Company Registration

• Proof of health (medical certificate)

• Passport photos

C. Step 3: Wait for approval and receive the permit

The work permit application process typically takes between 7 and 15 business days, depending on the case. Once your work permit is approved, you will be able to start working legally in Thailand.

D. Step 4: Licence Extension

The work permit in Thailand is usually issued for a period of one year. If you want to continue working after this period, you will need to apply for an extension of your work permit before the expiry date. The extension must be made with the Ministry of Labor, and you will need to provide the necessary documents to prove that you are still employed and that your company is still registered.

5. Mistakes to avoid when applying for a work permit

A. Failing to comply with laws on the employment of foreigners

It is crucial to comply with Thai laws regarding the employment of foreigners. If you work without a permit or with an invalid permit, it can lead to hefty fines or even expulsion from the country. In addition, employers who recruit foreigners without work permits risk sanctions.

B. Failure to provide accurate and complete documentation

Make sure you provide all the required documents and fill out the forms correctly. Errors or missing information may cause your application to be delayed or denied.

Conclusion: Working legally in Thailand

Obtaining a work permit in Thailand is essential for working legally in the country. Whether you’re an employee, investor, or teacher, it’s crucial to follow the proper steps and comply with local regulations. If you are well prepared and have all the necessary documents, the process of obtaining the work permit can be relatively straightforward.

If you plan to work in Thailand, be sure to consult with an immigration attorney or employment counselor to ensure that your application is complete and complies with the legal requirements.