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Change My Visa To A Business Visa In Thailand?
01/12/2023
Thailand has become a prime destination for businesses and entrepreneurs worldwide. The Non-Immigrant B visa, designed for those conducting business activities in Thailand, serves as the first step to working in Thailand. However, individuals holding other visa types, such tourist visas or retirement visas, may find themselves wanting to get a job and transition to a business visa to do so. However, this is only possible for certain visa types.
This blog explores the eligible visas that can be converted to a business visa in Thailand without having to leave the country.
Key points
- Tourist visa and visa exemption holders can apply for a business visa in Thailand without needing to leave the country.
- Marriage visa holders can work in Thailand and apply for a work permit, they do not need to change to a business visa.
- Retirement visa, dependent visa, Elite Visa, family visa and education visa holders cannot apply for a business visa in Thailand and must leave the country to do so.
- Business visa holders must apply for a work permit in order to legally work in Thailand.
What is a Thailand business visa ?
A business visa (Non-Immigrant B visa) is a type of visa that allows you to enter Thailand and apply for a work permit in Thailand. A business visa ONLY allows you to conduct limited business activities in Thailand. This can include attending meetings, conferences, and seminars, conducting market research, or exploring business opportunities.
It’s important to note that a business visa differs from a work permit, which is required if you want to work in Thailand.
Thailand has a broad definition of what is considered work. Section 5 of the Foreigners Working Management Emergency Decree of 2017 describes ‘work’ as the use of physical strength or knowledge for engaging in an occupation or a job with or without an intention to obtain wages or any other benefit.
Can You Convert a Tourist Visa or Visa Exemption to a Business Visa?
Yes, converting a tourist visa or visa exemption to a business visa is possible while you are in Thailand. However, specific requirements must be met to do so. These include:
- Your passport must be valid for at least six months.
- You must have a valid tourist visa or visa exemption stamp.
- You must have a letter of invitation from a company in Thailand that explains the purpose of your visit and confirms that you will be conducting business activities.
- You must have at least 15 days remaining on your visa – In practice, applying for a Business Visa out of Thailand is easier as the process and required supporting documents from the Thai consulate abroad are generally less.
It’s important to note that the conversion process can take up to 10 business days, so starting it as soon as possible is best to avoid delays.
How to Convert Your Tourist Visa to a Business Visa
To convert your tourist visa to a business visa, you must visit the Thai Immigration Office. Here’s what you’ll need to bring with you:
- Your passport
- Your departure card
- Your tourist visa
- A letter of invitation from a company in Thailand
- A completed thai non immigrant visa application form
- WP3 (pre-work permit approval) For more information, please see here.
- Supporting documents from the company
- Two passport-sized photos
Can You Convert a Non-Immigrant O Visa Based on Marriage (Spouse Visa) to a Business Visa?
A foreign national who has a Thai spouse is eligible for a Non-Immigrant O visa, known as a marriage visa. One of the advantages of this visa is that if the foreign national gets a job in Thailand, they do not need to change their visa type to a Non-Immigrant B visa.
Holders of a Non-Immigrant O (marriage visa) are allowed to work in Thailand and may apply for a work permit immediately after getting their job.
Another advantage to having a marriage visa is that the requirements to support a work permit for the hiring company are significantly reduced. Typically 4 Thai employees and 2 million THB in registered capital are required, however, this is halved (2 Thai employees and 1 million THB in registered capital) when hiring a foreigner married to a Thai national and holding a marriage visa.
Can You Convert Other Visa Types to Business Visas in Thailand?
Thailand offers various different types of visas for different situations. Often the holders of these visas want to change their visa type to a business visa in order to work in Thailand without having to leave the country. However, this is not always possible.
Non-Immigrant OA Visa (retirement visa):
Foreigners over 50 are eligible to apply for the Non-Immigrant OA visa, also known as the retirement visa. This visa can be renewed each year, subject to certain requirements being satisfied. However, employment is prohibited for holders of the retirement visa. In order to work, they would need to obtain a business visa. However, retirement visas cannot be converted to a Business Visa in Thailand.
If the holder of a retirement visa wishes to get a business visa and a work permit, they will need to cancel their current retirement visa and leave Thailand to apply for a Non-Immigrant B visa. It is not possible for retirement visa holders to do this process in Thailand, they must do so in their home country or a Thai Embassy/Consulate in a neighbouring country.
Non-Immigrant O Dependent visa:
The Non-Immigrant O Dependent visa is available to the spouse or immediate family members of foreigners who hold a valid Non-Immigrant visa e.g. employment/business, retirement, or education visa.
If the spouse or family member who holds the Dependent visa gets a job, they will not be able to change their visa from a Dependent visa to a Business visa in Thailand. In order to receive a Business visa, they must apply for a Non-Immigrant B Visa (90 days) abroad.
If they have a year-long extension of their visa, they must cancel this before leaving Thailand to apply for the new visa.
Non-Immigrant O Family visa:
Foreign nationals who have children with a Thai national, but are not married may apply for a Non-Immigrant O visa based on supporting their child. This visa will be granted to the parent until the child turns 18. In order to obtain this visa, they must be named as the parent on the birth certificate.
Should a holder of a Non-Immigrant O Family visa wish to change their visa to a Business Visa, they must leave Thailand and apply for the Non-Immigrant B visa abroad. It is not possible to change this type of visa to a business visa in Thailand.
Non-Immigrant Education visa:
Holders of a Non-Immigrant Education visa cannot change their visa to a business visa in Thailand. To do so, they need to leave Thailand and apply for the Non-Immigrant B visa abroad.
Thai Elite Visa
The Thailand Elite Visa is a long-term tourist visa that grants residency in Thailand for 5, 10, 15 or 20 years, depending on the chosen package. In exchange for a membership fee, Elite Visa holders enjoy a range of benefits, including VIP airport services, a 5-year renewable multiple-entry visa with an extendable 1-year length of stay per each entry.
However, while the Elite visa has many advantages, employment is prohibited. Should an Elite visa holder wish to work in Thailand, they will need to cancel their Elite visa and obtain a Non-Immigrant B visa from a Thai Consulate or Embassy abroad.
For more information about the Thai Visa Elite, please see here.
Important information for Non-Immigrant visa holders
Please note, should you wish to change your visa from a Non-Immigrant O visa that has been extended (1 year extension) to a business visa, you must cancel your extension before doing so. If you do not cancel your extension and then get a Non-Immigrant B visa from abroad, you will not be able to extend the Non-Immigrant B visa beyond the initial 90 days it is granted for. In such a case the previous visa extension will be considered as still active and the holder will be on an overstay. They will also be subject to a fine of 500 THB per day of the overstay, up to a maximum of 25,000 THB.
Please note, this only applies to Non-Immigrant O visas that have been extended i.e. the 1 year extension. Holders of a 90 Day Non-Immigrant O visa do not need to worry about this.
FAQs About Applying For A Business Visa in Thailand?
Here are some common questions that people have about converting a tourist visa to a business visa in Thailand:
Can I work in Thailand with a business visa?
No, a business visa does not allow you to work in Thailand. If you plan to work in Thailand, you must obtain a work permit.
Can I extend my business visa?
Yes, it is possible to extend your business visa for 1 year. This extension can be renewed yearly. However, you must apply for an extension at least 15 days before your visa expires.
How long does it take?
Should the applicant have all their documents ready and prepared, the process should take 8 to 10 days to complete. However, applicants should be aware that in order to convert to a business visa in Thailand they will need a document called the WP.3. The Wp.3 is a pre-approval letter that acts as a confirmation from your employer in Thailand, verifying your intention to work for their company. This document is often difficult to obtain and can be a time consuming process. Due to the difficulty of obtaining this document, many applicants will opt to travel to a neighbouring country such as Cambodia or Laos to obtain their business visa. By going to a neighbouring country, typically, the document requirements are less and the visa can be obtained in 3-5 business days.
It’s essential to start the process early and be prepared for potential delays. If you have any questions or need assistance with the process, it’s always best to consult an immigration expert.
How can Belaws help?
For more information about getting a business visa in Thailand, 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.
Our consultations last for a period of up to 1 hour and are conducted by expert Lawyers who are fluent in English, French and Thai.
Consultations can be hosted via WhatsApp or Video Conferencing software for your convenience. A consultation with one of our legal experts is undoubtedly the best way to get all the information you need and answer any questions you may have about your new business or project.
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Frequently asked questions
Can you get a business visa in Thailand?
Yes, you can get a business visa in Thailand (officially called a Non-Immigrant B visa). This visa allows you to enter Thailand and apply for a work permit, but it doesn’t automatically grant you the right to work.
How much is a business permit in Thailand?
The cost of a work permit in Thailand depends on several factors, including the type of business, the company’s registered capital, and the nationality of the employee. It can range from a few thousand to tens of thousands of Thai baht.
What is the single-entry business visa in Thailand?
The single-entry business visa allows you to enter Thailand once and stay for up to 90 days. It’s suitable for short business trips, meetings, or market research.
What is Type B visa for Thailand?
Type B visa refers to the Non-Immigrant B visa, the same as the business visa. It’s specifically for foreigners who want to conduct business activities or work in Thailand.
Can I own 100% business in Thailand?
Yes, foreigners can own 100% of certain businesses in Thailand, depending on the industry and legal structure. However, some sectors have restrictions, requiring Thai partners or limitations on foreign ownership percentages.
Can foreigners do business in Thailand?
Absolutely! Foreigners are welcome to do business in Thailand, and the government offers various incentives and programs to attract foreign investment. You’ll just need the appropriate visa and work permit to operate legally.
How long does it take to get a business visa in Thailand?
The processing time for a business visa in Thailand can vary depending on your application completeness and the workload at the Thai Immigration office. It typically takes 8-10 business days, but can be longer if additional documents are required.
What businesses can foreigners own in Thailand?
Foreigners can own a wide range of businesses in Thailand, including restaurants, shops, tour agencies, consulting firms, and many more. However, certain sectors like land ownership, media, and agriculture have restrictions or require specific licenses.
How can I get business visa for Bangkok?
You can apply for a business visa at any Thai embassy or consulate abroad, or if you’re already in Thailand on a valid visa, you can convert it to a business visa by contacting Belaws.
Can I change tourist visa to business visa in Thailand?
Yes, you can convert your tourist visa to a business visa in Thailand, but there are specific requirements and procedures you need to follow. This option might be less straightforward than applying from abroad, and you’ll need documents like a letter of invitation from a Thai company.
Can I convert my tourist visa to work visa in Thailand?
Yes, you can potentially convert your tourist visa to a work visa in Thailand, but only if you first obtain a business visa and then apply for a work permit. Remember, you can’t work directly on a tourist visa.
Can a tourist visa be changed to a work visa?
Not directly. You’ll need to go through the steps of getting a business visa first, followed by a work permit application, to legally work in Thailand on a tourist visa.
Can I work in Thailand on a business visa?
No, a business visa itself doesn’t grant you the right to work in Thailand. You’ll still need to apply for a separate work permit from the Ministry of Labor. The business visa allows you to enter the country and start the work permit process.
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