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Changing jobs as a foreigner in Thailand
24/03/2023
Thanks to its thriving economy, low cost of living, and rich culture, Thailand is a popular destination for foreigners looking for work opportunities. However, changing jobs as a foreigner in Thailand can be a complex process that requires careful consideration and adherence to the required process.
From visa requirements to work permit regulations, there are various factors to consider when switching jobs in Thailand.
In this blog post, we’ll explore the various aspects of changing jobs (between non-BOI promoted companies) as a foreigner in Thailand and provide tips on navigating the process effectively.
Key points
- Employees must cancel their visa and work permit when leaving a job in Thailand.
- It is possible to obtain a new work permit and permission to stay in Thailand without having to leave the country.
- Work permits are mandatory for any foreigner working for a Thai company or intending to work in Thailand. With a work permit, you can work legally in Thailand.
How do foreigners change jobs in Thailand?
In Thailand, foreign employees who are changing jobs must often exit the country and apply for a new visa and work permit. However, there is a way for employees switching professions within Thailand to transfer from one job to another without having to leave the country and apply for a new non-immigrant visa.
Please note this guide applies to changing jobs between non-BOI-promoted companies.
Canceling your previous work permit
To successfully transfer jobs in Thailand, it’s recommended to coordinate with your previous employer on the date of informing the Ministry of Labour about your resignation. Ensuring that your departure from the company coincides with submitting your new employer’s new work permit application is crucial.
Once the above has been completed, the employee will need to cancel their work permit at the Ministry of Labour. After this, the employee must take their passport to the Immigration Office to cancel their visa. The visa must be canceled on the date of the work permit cancellation.
It’s important to note that canceling your visa will require you to leave the country on the same day. Therefore, applying for an extension of stay is advisable immediately after completing the previous step. The extension of stay will allow you to remain in Thailand for an additional seven days.
Getting a new Work Permit
Once you have canceled your previous work permit and extension of stay, the next step is to apply for a new work permit.
During the wait for your new work permit, your new employer should prepare all the necessary documents for extending your seven days’ permission of stay to a one-year extension.
These documents must be submitted to the Immigration Bureau immediately after receiving the new work permit, within seven days of the extended visa.
By completing this process, you can avoid having to leave Thailand to apply for a new Non-Immigrant B Visa.
What is the process for applying for a work permit?
To apply for a Work Permit, the applicant must submit the following documents to the Labour Department:
- Work permit application form
- Six photographs
- Valid passport, copies of every page which the applicant signs each copy and:
- For non-permanent residents – a non-immigrant visa
- For permanent residents – a certificate of permanent residence
- Copy of education certificates and CV to prove the applicant’s educational qualifications
- Recently issued a medical certificate from a recognized hospital in Thailand showing 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 Thai government may need some of the documents listed above to be certified by the embassy and 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 that has been certified by the Commercial Registration Department
- VAT certificate
- VAT filing
- Withholding tax
- Social security payment filing of the past three months showing at least 4 Thai employees
- Map of the company location
Typically, it takes seven business days to issue the work permit.
What is the process for switching jobs between BOI-promoted companies?
The process is much simpler if you are currently employed at a BOI-promoted company and will switch jobs to another BOI-promoted company. When switching jobs between two BOI-promoted companies, you do not need to cancel your work permit; you can simply transfer it to your new position.
What happens if I don’t get a work permit in Thailand?
The employee and employer may be subject to the following penalties for violating any work permit rules/laws:
- A foreigner who works without having a work permit shall be liable to imprisonment for a term not exceeding five years or a fine from THB 2,000 to THB 100,000 or both.
- A foreigner who engages in work or at a place other than permitted in the work permit shall be liable to a fine of not exceeding THB 20,000.
- An employer who hires a foreigner without a work permit shall be liable to a fine from THB 10,000 to THB 100,000.
- An employer who engages a foreigner in work or at a place other than permitted in the work permit shall be liable to a fine of not exceeding THB 10,000.
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?
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 transfer a work permit in Thailand?
Yes, it is possible to transfer a work permit in Thailand when changing jobs between non-BOI promoted companies.
Can a foreigner get a job in Thailand?
Yes, a foreigner can get a job in Thailand, but they will need to obtain a work permit to work legally in the country.
How can a foreigner get work permit in Thailand?
To obtain a work permit in Thailand, a foreigner must submit various documents to the Labour Department, including a work permit application form, passport, education certificates, and a medical certificate showing that the applicant does not suffer from prohibited diseases.
How do I transfer my work visa?
To transfer a work visa in Thailand when changing jobs between non-BOI promoted companies, the employee must cancel their previous work permit and take their passport to the Immigration Office to cancel their visa. The employee can then apply for a new work permit with their new employer.
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