Sunbelt Legal Advisors will complete all the required paperwork and accompany you on your trip to Thai Immigration to insure the process is completed properly, and without additional costs or confusion.
Basic Requirements:
- Valid Thai work permit
- Minimum salary per nationality
- Four Thai Employees (4) per permit.
- Must have 1 million baht in net equity
- Must show revenue in the previous year to cover the salary of all the foreign employees
Reason of Necessary
Under the circumstances for business purposes such as the importance to operating in a company or partnership etc.
Each permit shall not exceed 1 year.
Criteria
(1) The foreigner must obtain permit stamp for the temporary entry and
(2) The foreigner must earn salary at the rate in accordance to the rate attached to this order and
(3) The business must have a registered capital of no less than 2 Million Baht and
(4) That business must submit their year end balance sheet which has been inspect and certified by a certified accountant. In order to show the financial status, stability and recognition of business. In overall the audit must show owner’s equity of no less than 1 Million Baht and
(5) That business must submit their year end profit and loss account which has been inspect and certified by a certified accountant. In overall the total revenue must show an amount higher than the total salary and benefit paid the employee and
(6) That certain business has the necessity to employ foreigner and
(7) That business must have a ratio between foreign employee to Thai employee of 1:4 and
(8) The following business shall be exempted from the obligation stated in Point (3), (4), (5) and (6) and will be indulgent in the number of Thai as stated in Point (7), where they can use 1 Foreigner to 1 full-time Thai staff
(a) International Trade business (Representative Office)
(b) Regional Office
(c) International companies (Branch office)
List of Documents
- Petition Forms
- Copy of Passport of the Applicant
- Acceptance Letter for the intake of a foreigner into workplace (must follow the format of the Immigration Bureau).
- Copy of Working permit
- Copies of Company registration documents i.e. Company’s Affidavit and etc. Such document shall not be issued for no longer than 6 months.
- Copies of the current shareholders list (issued by the registrar for no longer than 6 months).
- Copies of the latest annual audit
- Copies of the company’s latest withholding tax illustrating the list of all employees and the names of all foreigners
- Copies of the foreigner’s income tax submitted annually attaching a receipt (if any)
- Copies of the latest payment on social funds submitted to the Social Security Office (Sor Por Sor 1-10)
- Documents or relevant supporting documents illustrating the importance of the foreigner to the company i.e. Job Advertisement looking for Thai applicants but no Thai interested etc.
- Map showing the office and workplace of the applicant.
- Other documents which the Investigation Committee may require.
Businesses established in accordance to Point (8) do not have to show documents listed in 6,7, and 11
Business Visa Extension
In order to extend a Non-B visa for one year certain requirements must be met:
- Valid Non-B visa
- Valid Thai work permit
- Minimum salary per nationality (see list below)
- Four Thai Employees (4) per permit
- Must have 1 million baht in net equity and registered capital of 2 million baht:
- Must show revenue in the previous year to cover the salary of all the foreign employees. The company must submit year end profit and loss account inspected and certified by a certified accountant. The total revenue must show an amount higher than the total salary and benefits paid to the employee.
Required Documents:
- Application form.
- Copy of Applicants passport.
- Certificate of employment prepared in accordance with Immigration Bureau regulations.
- Copy of Work Permit.
- Proof of corporate formation; certificate of incorporation of company or partnership certified by the Registrar in the last 6 months.
- List of shareholders certified by the Registrar within the last 6 months and the Department of Business Development.
- A copy of latest balance sheet and income statement, corporate income tax return (Por Ngor Dor 50) and receipt. Copy of Sor Bor Chor 3. Must be certified by the Revenue Department or the Department of Business Development.
- Copy of last 3 monthly withholding tax returns showing the name of the employee and the alien applicant, together with receipt. Must be certified by the Revenue Department.
- Copy of latest personal income tax return and receipt of applicant, must be certified by the Revenue Department.
- Copy of last 3 monthly social security contributions filed with the Social Security Office (Form Sor, Por Sor 1-10) and receipt, must be certified by the Social Security Office.
- Copy and receipt of last 3 monthly Value Added Tax (VAT) returns (Por Por 30 or Por Por 36), they must be certified by the Revenue Department.
- Proof of the need of the business to employ the alien ie. No Thai candidate has applied after advertising the position.
- Location map of place of work.
- Other supporting documents that may be required by the appropriate authority (Sor Sor Mor 2).
- Map showing location of business together with photos of the exterior of the building, with the address and company sign in the photo, and photos of the interior showing the employee working.
If the applicant is accompanied by family their marriage certificate and birth certificates of any children must be provided. If they are provided by a foreign government they must be certified by the Embassy.
You must have a valid Thailand work permit to apply for a one year extension of stay permit. Your employer must also pay the minimum required salary for your nationality. In addition to the minimum salary requirements, your employer must have 4 employees of Thai nationality for each extension of stay permit.
However, the following businesses are exempt from the 4 Thai employees to 1 foreign employee ratio and require only 1 Thai national employee to 1 foreign employee:
- International Trade business (Representative Office)
- Regional Office
- International companies (Branch office)
Minimum Salary Requirements per Nationality
- European Countries, Australia, Canada, Japan, and U.S.A. (Baht 50,000/month).
- South Korea, Singapore, Taiwan and Hong Kong (Baht 45,000/month).
- Asian Countries, South America, Countries in Eastern Europe, Countries in Central America, Mexico, Turkey, Russia and South Africa (Baht 35,000/month).
- African Countries, Cambodia, Myanmar, Laos and Vietnam (Baht 25,000/month).