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Thailand Immigration Law – Understanding How to be Successful

By December 2, 2016September 29th, 2022No Comments
Thailand Immigration Law - Understanding How to be Successful

Managing regulations during international growth is a complex task for businesses causing some to call it quits before entering a new country. It’s our goal to help companies maneuver these barriers, such as Thailand immigration laws, which are difficult to manage but definitely not impossible with the help of some trusted experts.

In order to help your company find success in overseas markets like Thailand, we’re going to dive into the best practices surrounding immigration laws. There are a few areas to focus on when you’re helping employees obtain work permits and visas to join your overseas team. These factors will become part of the research performed while preparing your global strategy. Let’s get started.

Thailand Immigration Law Basics

Given its increasingly popular market and sustainable economy, Thailand is making the immigration process smoother for potential employers and employees. Combined with a trusted expert on international expansion, your company can have a legal presence in-country to start hiring a new team pretty quickly. Services such as International PEO help businesses manage compliance requirements surrounding Thailand immigration law including work permits, hiring, and payroll.

Velocity Global is excited to announce that we are now offering Immigration Consulting Services that can help you navigate this employment market.

Visas & Work Permits

If you have prospective team members looking for opportunities with your company’s operations in Thailand, they will either need to be a citizen of the country or have the proper documentation. In fact, all persons, other than those in transit or citizens of certain countries, must obtain a visa to enter Thailand. Americans with a tourist passport can enter Thailand without a visa, but once they are in-country for work purposes, they will need the proper documentation.

Plus, foreign nationals who want to remain in the country to work or conduct business must also obtain a work permit. Work permits, which are valid for the period of the visa, have to be renewed every year. When an individual applies for a renewal of visa, they also have to show that taxes for the previous year have been paid.

The Thai government has established a one-stop service center for visas and work permits, making it easy to apply. These applications can be processed within a few hours if all of the proper documentation is submitted. Ask a trusted advisor to review documentation to assist your team members with the application and renewal process for work permits.

Qualifying for a Work Permit in Thailand

Before your foreign employees begin the application process for a work permit in Thailand, you will want to set them up for success. First, they will need to obtain a non-immigrant “B” visa from a Thai embassy in their home country, i.e. the States.

To obtain this type of visa, they will need the following documents:

  • Original Passport
  • Marriage Certificate and Birth Certificate of Family Members Joining them in Thailand
  • Letter of Employment Confirmation

Costs and processing times vary from each country where the visa application is submitted, but these are both relatively small for each area.

Employer Qualifications for Thailand Immigration Law

As an employer, you must assist your employee with their work permit application by submitting documentation that supports employment. These documents include:

  • Organizational Chart for Your Company
  • Letter of Employment Confirmation
  • Letter to the Labor Office Explaining Reason to Hire Foreign National
  • Tax Certificates

Status of Employees in Thailand

Once your foreign nationals obtain their work permits and visas, you can begin the hiring process. You can reduce headaches and compliance worries by using services like International PEO, mentioned above, and Foreign Subsidiary as a Service (FSaaS). Both of these services can help you with employment law, hiring, and payroll.

There are two types of employees under Thai labor laws. These include employees under an employment contract and independent contractors under a service contract. Thai Supreme Court decisions indicate that the difference between the two types of employees is based on autonomy.

We suggest working with employees under an employment contract once you’ve established a legal presence to avoid any disputes in labor courts. Working with independent contractors overseas presents risks to employers, which you can learn more about in this post.