The Thai visa system

WHY DO I NEED A VISA?

Why Do You Need A Visa? Like most other countries, Thailand usually requires non-Thai nationals seeking to enter the country to obtain a visa, although agreements exist between Thailand and certain other nations according to which no visa is required for nationals of either country to enter the other.

Nationals of many countries will need to have obtained a visa before arriving at a port of entry into Thailand. The nationals of certain other countries may obtain a visa upon arrival at the international airports of Thailand or at certain other ports of entry. Finally, there are countries that have been granted special privileges and whose nationals are exempt from the requirement to obtain a visa to enter Thailand.

Thai visas regulations derive from the Immigration Act B.E. 2522 (1979) section 5, 12 (1), 34 (15), which empowers the Interior Minister to establish a code of Ministerial Regulations defining different types of visas. These regulations also assign the power to issue these visas to two authorities:

1. The consular officers of embassies or consulates of the Ministry of Foreign Affairs in all nations where a Thai embassy or consulate is located.

2. The immigration officers of the Immigration Bureau, Royal Thai Police.

Under the law that has been in effect since 1979, there are nine types of visa, each with its own conditions and duration of stay as well as fees.

THE THAI VISA SYSTEM

Most visitors can enter Thailand for a period of up to 30 days without the need for a visa.

If you wish to stay longer a two month tourist visa is available from the Royal Thai Embassy or Consulate in your country of residence or another country outside Thailand. A tourist visa can be extended by one month whilst you are in Thailand on the payment of 500 Baht to the nearest immigration office to where you are staying.

A Non-Immigrant Visa is normally issued for three months and can be extended up to one year if you meet the requirements for the category you are applying for.

A person married to a Thai will on request be given a three month Non-Immigrant category B visa and this can be extended up to one year and then annually thereafter on payment of the current fee of 500 Baht without the need to leave and re-enter the country. A deposit of at least 250,000 Baht in a Thai bank account is required to prove that you have the funds to live in Thailand without working. You will normally have to report to immigration once a month whilst your application is being processed which may take several months.

You should note that a visa ceases to be valid if you leave the country during the validity of the visa unless you have paid and applied for a RE-ENTRY visa, currently 500 Baht, before you leave the country.

A retired person aged over 55 years may retire to Thailand and get a one year renewable visa if he has sufficient funds to prove he does not need to work in Thailand to support himself and has an income paid to him from outside the country. This is normally in the form of a pension but other types of income may qualify.

 

30 DAY ENTRY WITH NO VISA.

This is a list of countries whose citizens may currently enter Thailand and stay as a tourist for a maximum of 30 days without a Visa.

 

AlgeriaArgentina

Australia

Austria

Belgium

Brazil

Bahrain

Brunei

Canada

Denmark

Egypt

Fiji

Finland

France

Germany

Greece

Iceland

Indonesia

Ireland

Israel

Italy

Japan

Djibouti

Kenya

Korea

Kuwait

Luxembourg

Malaysia

Mauritania

Mexico

Morocco

Myanmar

Netherlands

New Zealand

Oman

Papua New Guinea

Philippines

Portugal

Qatar

Saudi Arabia

Senegal

Singapore

Slovenia

South Africa

Spain

Sweden

Switzerland

Tunisia

Turkey

UAE

UK

USA

Vanuatu

Western Samoa

Yemen

Some countries not listed above have an arrangement whereby visas for a limited period only can be obtained on arrival in Thailand. However as restrictions are constantly changing you are advised to contact the nearest Royal Thai Embassy or Consulate for further information before you travel and to ensure you apply for your visa well in advance of your intended date of departure.
 

WORKING IN THAILAND

To work in Thailand you require a Non-Immigrant visa endorsed as a working visa. Your employer will apply for a WORK PERMIT on your behalf and this will initially be issued to cover the length of your current visa and will then be re-issued annually thereafter. It is the normal practice for the employer to pay for the work permit and the employee to pay for the visa but this does vary depending on your contract with the company.

A work permit can only be arranged when you are actually in the country and have a specific job offer. Strictly you cannot commence work until the permit is issued but this is normally overlooked in practice by the authorities.

Generally employers now use the One-Stop service in which both your visa and work permit are dealt with and issued at the same time and place. The employee is required to attend in person with a representative of the employer at the initial application.

Whilst the employee normally only has to sign the paperwork involved he does have to get the photographs required and passport photographs will not do. The size is as specified in the application and this is normally much bigger than a passport photo, you should ensure that you look smart in the photo: a shirt and tie for men, the shoulders and cleavage covered for a lady, or they will be rejected.

A work permit allows you to work at only the occupation specified and for the employer specified. If you wish to do other work you must get a separate work permit and if you change employers your work permit automatically ceases to be valid as does your visa.

The requirements to be satisfied for a WORK PERMIT to be issued are becoming much stricter. The employer must show good reason why the job cannot be performed by a Thai and the foreign worker must show why and how he is qualified to perform the job.

For professions such as teaching a degree and a teaching certificate are now required. The employer used to be able to employ a foreigner without a degree but this has become the exception rather than the rule. Now the majority of employers are asking for the original degree and transcript which are checked at the source of origin before they will offer employment.

This explains why some qualified teachers in quality schools earn 120,000 Baht or more a month whilst other teachers are unlikely to make even 30,000 Baht a month and others are struggling along doing ad hoc work for language schools for 150 Baht per hour. The same applies to other types of work regularly performed by foreigners.

The days of buying a fake degree or teaching certificate in Khao San Road are virtually gone and Thai employers have become wise to these tricks. The employer now faces a hefty penalty for failing to ensure his employee is properly qualified which has caused a general wake up alarm amongst employers who previously would employ just about anyone to show that they had a 'farang' working for them.

Needless to say there are now many opportunities, especially in teaching, for properly qualified applicants with some classroom experience as the other teachers have been forced out by the drove in the last couple of years.

There are many occupations not open to foreigners and for which no work permit can be issued. You should ensure that you are not working illegally. Please see the list below.

For example a person may think he is helping out his Thai family by helping out on their farm without receiving payment, this is strictly illegal and can result in imprisonment, a fine, or both, if someone complains about your activities to the police.

In some circumstances a foreigner may own a business but not be allowed to work in it.

For Example:

A recent case in Phuket involved a foreign bar owner who was arrested by police for sitting on the customer side of his bar talking to customers. The police decided that talking to customers was equivalent to trying to promote the business. He was arrested, fined 30,000 Baht and ordered out of the country. Having a Thai wife he has since returned to the country.

In another case a foreign gym owner was arrested and fined for hanging a mirror on the wall of his gym.

These illustrate how strict the authorities can be if they wish.

SELF-EMPLOYMENT, PARTNERSHIPS, COMPANIES

It is virtually impossible for a foreigner to be SELF-EMPLOYED in Thailand and to receive a work permit to work legally. The majority of self-employed foreigners own small businesses such as a bar or restaurant where the licence to trade and all formalities are in the name of a Thai person although 100% of the capital has been contributed by the foreigner. He is not allowed to work in his business and can face a heavy fine, imprisonment, deportation or a combination for doing so.

PARTNERSHIPS may be either limited or unlimited. The business must be one where the employment of a foreigner is not prohibited. Whatever the amount or percentage of capital invested by the foreigner he cannot control the partnership and all legalities must be in the name of a Thai national.

A COMPANY is always limited and may be either a private limited company or a public limited company. With exceptions for very large companies investing a minimum of 10 million Baht in agreement with the Thai Board of Investment control must remain with Thai nationals and there are strict rules on the sale of shares to foreigners.

One advantage of a limited company is that it may own land whereas a private foreign individual may not, with very few exceptions. However to own land the company must be actively trading.

An individual working for a partnership or company may be eligible for a work permit provided the required conditions are met.

One advantage of holding a work permit is that you are allowed to import your car into Thailand without having to pay the very high duty otherwise payable, however you may not sell it and must comply with the law covering the use of cars in Thailand.

It is beyond the scope of this site to begin to explain the complexities of setting up business in Thailand, however suffice it to say that it is not as easy as it appears and you should always consult a qualified lawyer before committing yourself in any way at all to investing or starting any business in Thailand.

There are very many cases of people losing their entire savings because they failed to research the laws properly or believed people totally unqualified to advise them or who were just out to trick them of their money. Beware and exercise the utmost caution at all times, never assume that things operate the same way as at home because they almost certainly do not.

GENERAL

The fine for being in the country without a visa is currently 200 Baht a day up to a maximum of 20,000 Baht. Imprisonment until the fine is paid is normal and the police routinely stop foreigners and ask to see their passport which they are obliged to carry with them at all times by law. Normally showing a clear photocopy and explaining where they can inspect the original passport will satisfy them.

There are many cases of people inadvertently overstaying their visa in the belief that once a visa is granted with a work permit that the visa is still valid even when they change employment. This is not the case and the employee must pay the fine which accrues on a daily basis and is payable for each day you remain in the country after you have changed employment until the time a new work permit is issued which may take two or three months as most employers will not apply for a new work permit until the end of your probationary period. Employers tend to overlook the fact that your visa is treated as having expired although a future expiry date is in your passport. The employee has to pay the fine not the employer.

It is a fact that some people work illegally in Thailand either because the employer cannot be bothered to go to the trouble of applying for a work permit or the employee does not meet the minimum educational requirements to work, very common among English teachers. These people generally get a two month tourist visa then extend it by one month. At the end of this time they leave the country by air, bus or train and obtain a new tourist visa in a neighbouring country. The favourite places being Penang in Malaysia or Vientiane in Laos.

There are some illegal services offering to renew your visa or get a one year visa and they ask you to relinquish your passport to them so that you can remain in the country, you are advised not to use them.

LIST OFOCCUPATIONS PROHIBITED TO FOREIGNERS IN THAILAND

Under Thai Law BE2522 foreigners are prohibited to engage in any of the following. It should be noted that the law does NOT define work as doing something in return for financial or any other reward.

Manual work.

Work in agriculture, animal husbandry, forestry or fishing excluding specialized work in each particular branch or farm supervision.

Bricklaying, carpentry or other construction works.

Woodcarving.

Driving a mechanically propelled carrier or driving a non-mechanically propelled vehicle, excluding international aircraft piloting.

Shop attending.

Auction

Supervising, auditing or giving services in accounting excluding internal auditing on occasions.

Cutting or polishing jewellery.

Haircutting, hairdressing or beauty treatment.

Cloth weaving by hand.

Weaving of mats or making products from reeds, rattan, hemp, straw or bamboo.

Making of Sa paper by hand.

Lacquerware making.

Making of Thai musical instruments.

Nielloware making.

Making of products from gold, silver or gold-copper alloy.

Bronzeware making.

Making of Thai dolls.

Making of mattresses or quilt blankets.

Alms bowl casting.

Making of silk products by hand.

Casting of Buddha images.

Knife making.

Making of paper or cloth umbrellas.

Shoemaking.

Hat making.

Brokerage or agency excluding brokerage or agency in international trade business.

Engineering work in a civil engineering branch concerning designing and calculation, organization, research, planning, testing, construction supervision or advising excluding specialized work.

Architectural work concerning designing, drawing of plans, estimating, construction directing or advising.

Garment making.

Pottery or ceramic ware making.

Cigarette making by hand.

Guide or conducting sightseeing tours.

Street vending.

Typesetting of Thai characters by hand.

Drawing and twisting silk thread by hand.

Office or secretarial work.

Legal or lawsuit services.

Source: Alien Occupational Control Division, Department of Employment Ministry of Labour and Social Welfare.

 

All information and costs mentioned on this site are subject to change without notice and we accept no responsibility for them being up to date.