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Visa and Work- Permit
Work Permits for Foreigners Married to Thai Nationals
01/06/2023
For foreigners who have tied the knot with a Thai national, Thailand presents an exciting opportunity to build a life together and pursue professional aspirations. However, understanding the intricacies of work permits becomes essential for working legally in the country.
In this article, we will provide an overview of work permits in Thailand specifically tailored to foreigners who are married to a Thai spouse.
Key points
- Work permits are mandatory for any foreigner working for a Thai company or intending to work in Thailand. Without having a work permit, you cannot work legally in Thailand.
- The capital requirements and Thai employee quotas are reduced for companies hiring a foreigner married to a Thai spouse.
- Being married to a Thai citizen does not exempt foreign individuals from the requirement of obtaining a work permit.
- Marriage visa holders (Non-Immigrant O visa) can apply for a work permit. They do not need to change to a work visa (Non-Immigrant B visa).
Do foreigners married to a Thai spouse need a work permit?
In Thailand, foreigners who are married to a Thai citizen and wish to work must obtain a work permit. While marrying a Thai citizen provides certain benefits and options, it does not exempt foreign individuals from the requirement of getting a work permit. Therefore, obtaining a work permit is mandatory if a foreigner with a Thai spouse intends to work in Thailand legally.
What is a work permit?
A work permit is a legal document issued by the Thai government that allows foreign individuals to work there. This requirement applies to all types of employment, whether paid or unpaid, full-time or part-time, and whether the employer is a Thai or foreign entity.
Advantages for companies hiring a foreigner with a Thai Spouse
Typically, when a Thai limited company wants to hire a foreign employee, it must have 4 Thai employees and 2 million THB in registered capital per foreign employee. However, if the foreign employee is married to a Thai national, these requirements are reduced to 2 Thai employees, and 1 million THB is registered capital.
What is the process for obtaining a Work Permit for a foreigner with a Thai spouse?
Obtaining a work permit for a foreigner with a Thai spouse in Thailand follows standard procedural guidelines. While being married to a Thai national can provide certain advantages during the application process, there are general steps that need to be followed:
- Job Offer: Secure a job offer from a Thailand-owned company willing to support your work permit application.’
- Qualifications: Ensure that you meet the qualifications required for the desired position. Some jobs may have specific educational or professional requirements.
- Non-Immigrant O visa: The applicant must apply for or hold a non-immigrant visa based on marriage (category “O”). This visa is granted to applicants married to a Thai national. This visa also permits employment. Please note the other variations of the ‘O’ visa (retirement) do not allow the holder to work.
- Supporting Documents: Prepare the necessary documents, which typically include your passport, marriage certificate, educational certificates, CV/resume, and a letter of employment from the Thai company. Additional documents may be required depending on your specific circumstances.
- Application Submission: Once in Thailand, submit your work permit application to the Ministry of Labor or the One-Stop Service Center for Visas and Work Permits (OSS). Your employer usually assists with the application process.
- Medical Examination: Undergo a medical examination at a designated hospital or clinic in Thailand to confirm your health condition.
- Work Permit Approval: If your application is approved, you will receive a work permit that specifies your employer, position, and permit duration.
Does having a Thai Spouse provide any advantages concerning work permits for foreigners?
Foreigners married to a Thai national are eligible for a Non-Immigrant O visa. This visa allows the foreign spouse to live in Thailand for the duration of the visa and is not dependent on employment.
Non-Immigrant O visas are issued for an initial 90 days and can be extended for one year. There is no limit on the number of extensions that can be issued to the foreign spouse. Therefore, if the spouse can satisfy the application criteria, they can live in Thailand indefinitely.
This is a significant advantage compared to those requiring a Non-Immigrant B (work) visa. Non-Immigrant B visas are only valid while the holder is employed. Should the holder lose their job, they must leave Thailand immediately.
What documents are required when applying for a work permit as a foreigner married to a Thai spouse?
Applicants married to a Thai must provide the following documents:
- Work permit application form
- Copies of their marriage certificate
- Six photographs
- Valid passport, copies of every page which the applicant signs each copy and:
- A Non-Immigrant O visa
- Copy of education certificates and CV to prove the applicant’s educational qualifications
- A recently issued medical certificate from a recognized hospital in Thailand shows that the applicant does not suffer from prohibited diseases:
- Mental illnesses
- Leprosy
- Tuberculosis
- Drug addiction
- Alcoholism
- Elephantiasis
- Syphilis
- Power of attorney to an agent if the foreigner does not submit the applicant himself
- Signed copy of certificates or licenses (if any)
- Marriage certificate (if married to a Thai national) and:
- Thai spouse’s identification card
- Birth certificate of children
- Household registration
- The Labour Office may need some of the documents listed above to be certified by the embassy and/or translated into Thai.The employer is also required to submit some documents to support the application. Employers must provide the following documents:
- Commercial Registration Department certificate stating the name of the Managing Director and Director, its objectives, and registered capital
- The shareholder’s list is certified by the Commercial Registration Department
- VAT certificate
- VAT filing
- Withholding tax
- Social security payment filing for the past three months shows at least 4 Thai employees.
- Map of the company location
Typically, it takes seven business days to issue the work permit.
How can Belaws help?
Our team of immigration experts is on hand to help you make your visa applications and renewal as smooth as possible. You can browse our visa and work permit services here if you require assistance concerning staying in Thailand or working in Thailand.
Belaws understands that visas in Thailand can often be confusing, so to get more information, why not talk to one of our experts now?
Please note that this article is for information purposes only and does not constitute legal advice.
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Frequently asked questions
What are the BOI work permit requirements?
The requirements for a BOI work permit in Thailand are not subject to the same mandatory capital and minimum Thai staff requirements as other company structures. BOI-promoted companies have more flexibility in hiring foreign employees.
What is a BOI work permit?
A BOI work permit is a work permit issued to foreign employees working in a company promoted by Thailand’s Board of Investment (BOI). It allows foreign workers to legally work in Thailand.
hat is a BOI letter in Thailand?
A BOI letter refers to an invitation letter issued by the BOI after approving a new position for a foreign employee in a BOI-promoted company. This letter is submitted to the Thai Embassy as part of the visa application process.
How can I obtain a work permit in Thailand?
To obtain a work permit in Thailand, including a BOI work permit, you need to follow a specific process. First, your employer, in this case, a BOI-promoted company, must open a new position on the online BOI platform. Then, you will go through a qualification approval process, which includes submitting your qualifications and work experience. Once approved, you can proceed to apply for a visa and work permit at the One Stop Service Center.
How to obtain a work permit and visa in Thailand?
A: To obtain a work permit and visa in Thailand, including a BOI work permit and visa, you need to follow these steps:
- Have a job offer from a Thai employer, preferably a BOI-promoted company.
- Your employer opens a new position for you on the online BOI platform.
- Obtain an invitation letter from the BOI and apply for a Non-Immigrant B visa at the Thai Embassy or Consulate.
- Create a profile on the BOI’s Single Window system for the newly opened position and get your qualifications approved.
- Once approved, schedule an appointment at the One Stop Service Center to receive your visa and work permit.
- Remember to do the 90-day report and follow the renewal process when necessary.
Can I work in Thailand without a work permit?
No, it is illegal to work in Thailand without a work permit. Foreigners must obtain a valid work permit to engage in employment activities in Thailand. Failure to do so can lead to legal consequences for both the foreigner and the company they work for.
What are the BOI incentives in Thailand?
BOI incentives in Thailand include 100% foreign ownership of a company, reduced requirements for supporting work permits, the ability to own land, and tax benefits such as income tax exemptions for a fixed period. However, it’s important to note that specific incentives may vary depending on the BOI promotion and industry.
What is a BOI company in Thailand?
A BOI company in Thailand refers to a company that has been promoted by the Board of Investment (BOI). These companies receive certain benefits and incentives from the Thai government to encourage foreign investment and business activities in Thailand.
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