FAQs: Corporate Services
Work Permit and Immigration
Q.
Can a foreigner work in Thailand?
A.
A foreigner must obtain a work permit prior to commencing
work in Thailand, unless exempted.
Q.
If a foreigner works in Thailand but his salary is paid by the parent company
outside Thailand, is he required to have a work permit?
A.
Yes. A work permit is required regardless of where the salary
is paid.
Q.
Can a foreigner commence work after the filing of a work permit application?
A. Not
until a work permit is granted or approval to do so is granted
by the government agency concerned, unless working for a business
promoted by the Board of Investment..
Q.
Does the law stipulate the maximum number of years a foreigner is eligible
to live and work continuously in Thailand?
A.
No, a foreigner can live and work continuously as
long as applicable permits are renewed.
Q. If
a Thai company wishes to have a foreign technician install machinery
and then teach Thai staff how to operate the machinery for 1-2
weeks, would the foreigner be required to apply for a work permit?
A. In case of
necessary and urgent work to be carried out over a period of not more than 15
days, a work permit is not required. However, a notification needs to be filed
with the authority.
Q.
Can a foreign company apply for work permits for its employees?
A. No. Only a
legal entity registered in Thailand is eligible to apply for work permits.
Q.
If a foreigner wishes to work in Thailand, what type of visa is required?
A. A
non-immigrant "B" (Business) visa.
Q.
Is there a ratio of local employees to foreigners that a company
must comply with when applying for a one-year extension of stay
in Thailand for its foreign employees?
A.
There shall be a minimum of 4 local (Thai) employees
per 1 foreigner.
Q.
How old must a foreigner be to apply for a retirement visa?
A. Not
less than 50 years of age.
Q.
Can a foreigner apply for a residence permit?
A. Yes,
if he has been living in Thailand on a one-year extension of stay
for at least 3 consecutive years.
(August 2008)
The above is intended to
provide general information only. The contents do not constitute
legal advice and should not be relied upon as such. If legal advice
or other expert assistance is required, the services of competent
professionals should be sought.
For
further information, please contact Ms.
Piyanuj (Lui) Ratprasatporn, Partner & Director of Corporate
and Commercial Department (lui.r@tillekeandgibbins.com).
