Non-Immigrant Visa

To legally work and reside in Thailand, a foreign citizen must first fulfil all of the visa requirements which are enumerated in the Immigration Act BE (AD 1979). Through its own internal procedures, this Act is currently administered by the Immigration Bureau of the Royal Thai Police Department, Ministry of Interior. A foreign citizen should be familiar with the specific visa type, which he or she must secure in order to work in Thailand without unnecessary and costly delays.

There are many different types of visas, which are found under the Immigration Act, four of which usually concern an alien who is seeking to work in Thailand. A visa authorizes entry into the kingdom for a specified period of time dependent on the type of visa granted. A foreign citizen will usually enter Thailand after already having obtained any one of the following visa types:

• Non-immigrant B (business)

• Non-immigrant type IM (investment involving a Thai government department)

• Non-immigrant IB (Board of Investment sponsorship)

• Non-immigrant EX (skilled expert).

• Non-immigrant type 0 (for any dependents of a foreign national desiring to work in Thailand.)

A foreign citizen intending to work in Thailand usually enters the country on a non-immigrant type B visa obtained from a Royal Thai Embassy or Consulate abroad. An alien should be cognisant of the fact that he or she will not be able to obtain the required working papers if entry into the country is made on a tourist (type TR) or transit (type TS) visa. A Thai Embassy or Consulate outside of Thailand usually requires an applicant to submit a number of items before it will grant a non-immigrant type B visa to an alien. A letter from a resident company in Thailand outlining the applicant's position and prospective duties is the primary item that is usually necessary for the issuance of this visa type. An alien is advised to contact the chosen Thai Embassy or Consulate, in advance, in order to inquire as to what that specific Thai Government outpost requires for obtaining a visa in a respective category.

Beyond providing eligibility for a work permit, a non-immigrant type B visa can also yield other benefits. If an alien has been residing in Thailand for a minimum of three consecutive years on one-year type B visas, he or she can apply for permanent residency. Such a classification will allow an alien to avoid the trouble of yearly visa renewals, and it also provides for work permit renewal to occur on an annual basis. Furthermore, an alien with permanent residency status will be eligible to apply for Thai citizen- ship after 10 consecutive years under this classification.

A type B non-immigrant visa also entitles the holder to apply for multiple permits to leave and re-enter Thailand without having to obtain another visa. Aliens should be aware that a type B visa will be automatically terminated if an individual leaves the country without obtaining a necessary re-entry permit. An alien who will be frequently travelling out- side of Thailand is strongly advised to request a multiple entry visa in advance of leaving the country.

Contact us for any of your Thailand Legal / Visa support needs.