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Legal Update Oct 2010
Thai Immigration Office Indicate Tougher Policy on Visa Overstay There has been no specific change in Thai law nor have penalties become harsher but the Thai Immigration Office has certainly indicated a tougher policy on visa overstays that exceed 42 days. The law remains the same as legislated within Section 81 of the Immigration Act B.E. 2522 (1979) that any foreigner who stays in Thailand, ‘without permission or with permission expired or revoked shall be punished with imprisonment not exceeding two years or a fine not exceeding 20,000 Baht or both. Any foreigner who stays in Thailand for longer than the time authorized on their arrival, and they do not have an extension of stay or a valid visa, then this is an offence under Thai Immigration law. They will be fined 500 baht per day for every day they overstay, (excluding the first day), up to a maximum of 20,000 baht. Any foreigner found by the authorities to have overstayed their visa is also at risk of being held in detention, fined and deported at their own expense. However, the only overstaying foreigners who can spend up to the maximum of two years inside the Immigration Detention Centre (“IDC”) in Bangkok are those who simply do not have the money to pay the fine and purchase an air ticket in order to leave. They are arrested, spend a night or two behind bars, face court, are fined and then sent to the IDC. The Thai authorities have stated they will always enforce detention of overstays for more than 42 days.
Work Visas for Foreigners who wish to work in Thailand Work Permit: All foreigners who wish to work and/or stay in Thailand for a long term will need to apply for a work permit and a one year working visa to the government in Thailand under the Working of Alien Act, B.E. 2551 (2008) and Immigration Act, B.E. 2522 (1979). The Act requires all foreign citizens working in Thailand to obtain a work permit before commencing work and is administered by the Department of Employment of Ministry of Labor and Social Welfare. The Act requires that any person who is not a Thai nationality must obtain a work permit prior to engaging in work in Thailand. The work permit (“WP.4”) application procedure is separated from applying for a “working visa” (Non- Immigrant category “Business”). ***To be eligible to apply for a WP.4, the applicant must obtain the Non-B visa from a Royal Thai Embassy or Consulate before entering Thailand. Or employers in Thailand may apply for a WP.4 for prospective foreign employees who wish to work in Thailand. After the work permit has been granted the foreigner may enter Thailand to receive the WP.4 and then start working. Initially a Non-B Visa needs to be applied for and approved which will allow the foreigner to stay in Thailand during the permitted period but importantly not to work. If he/she wishes to work, a WP.4 must be obtained prior to commencing gainful employment.
Legal Update Oct 2010 R5 / &#Ĺ€ .#)(-5) 5 5 ), #!( ,51")5 (.#.& 5.)5 **&35 ),5 51),%5* ,'#.5 ( 50#- 9 1. Having a residence in Thailand or having a permission to stay in Thailand temporarily under Immigration Act by only a Non-Immigrant visa category “Businessâ€? (Non-B). 2. Must receive a minimum income and/or other benefit from the employer at least 50,000 Baht (assuming for a foreigner from country in Europe, USA, Australia, Japan, etc.) 3. Must not apply for work permit in any of the 39 reserved occupations (such as legal, auditing, engineering, broker, etc.). 4. Not being insane or mentally sick, suffering from leprosy, tuberculosis, drug addiction, alcoholism, syphilis and elephantiasis. 5. Not having been imprisoned for violation of the Immigration Act or the Working of Alien Act at least 1 year prior to the date of application. R5 / &#Ĺ€ .#)(5) 5 (5 '*&)3 ,51")51#-"5.)5 '*&)35 5 ), #!( ,5.)51),%5 ),9 1. Registered paid-up capital; 1.1 The employers whose business has a registered paid-up capital of not less than 2 million Baht, work permit shall be issued to a foreigner for every 2 million baht. 1.2 Investment or overseas registered employers who perform business in Thailand with an investment of capital from overseas of not less than 3 million baht, work permit shall be issued to a foreigner for every 3 million baht investment. ***For foreigner who married to Thai nationals and has a marriage certificate and cohabit as husband or wife, the amount of investment capital required in order to receive a work permit shall be reduced to half of the amount prescribe above. 2. The number of alien workers to be granted work permit shall not be more than 10 people per a company. 3. The business must have a minimum ratio of 4 permanent Thai employees for each foreign employee. 4. The business must register VAT, and submit the financial statement, corporate income tax returns and profit and loss statement to the Revenue Office to showing a profitability of the business during proceeding year. ( 53 ,51),%#(!50#- 9 A work permit is issued for one year period and may be renewed every year thereafter. After the work permit granted, the work permit holder is eligible to apply for a one year Long Term Visa, which offers further benefits over a standard single or multiple entry class Non B visa. Such application needs to be made at Immigration Bureau within Thailand rather than at an overseas Thai Embassy or Consulate. The foreigner can renew their one year visa every year before the date of the visa expiry. of5 3-5-. 35().#Ĺ€ .#)(95 If the foreigner who is granted to stay in Thailand for one year visa by the Immigration Bureau and wish to stays in Thailand longer than 90 days, must notify the competent official at the Immigration Bureau, in writing, informing his/her place if stay, as soon as possible upon expiration of ninety days. The foreigner is required to do so every 90 days. If he/she leave and re-enter the country before the schedule of 90 days report, in that case, the counting of 90 days will re-start on the date of the re-entering into the country. In case of failure to notify the 90 days stay, a fine of Baht 2,000-5,000 will be imposed. 7 (.,35* ,'#.9 Holder of one year visa which granted by the Immigration Bureau should obtain a re-entry permit for travel outside Thailand during the term of the visa. Otherwise, on the arrival, the Immigration Officer at the airport will permit you to stay only 15 or 30 days (depends on foreigner’s nationality), and the long term working visa will be cancelled automatically.
Contact: Should you have any questions concerning the work permit or visa, please do not hesitate to contact us. MBMG Law Office Tel: 02-6652534-9 E-mail: law@mbmg-internaitonal.com
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