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BOI Visa and Work- Permit
Understanding the BOI visa and Work-Permit in Thailand
30/05/2023
Obtaining the correct visa and a work-permit is mandatory for any foreigner working or intending to work in Thailand. Failure to obtain a valid work permit could result in punishments for the offending foreigner and the company they work for. Employees of BOI-promoted companies are no different. However, the process for doing so is significantly different.
In this blog post, we will delve into the intricacies of Thailand’s BOI visa and work permit system, exploring the advantages it holds for foreign employees and companies fortunate enough to be BOI-promoted. From streamlined processes and extended visa validity to tax incentives and residency benefits, the BOI visa and work permit program presents a compelling proposition for those eager to contribute their skills to Thailand’s flourishing business landscape.
Key points
- Companies the BOI promotes are not subject to the same requirements as other company structures.
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Applying for and obtaining a BOI visa and work permit is much easier and more streamlined than traditional visas and work permits.
- Foreigners employed at a BOI-promoted company can obtain their BOI visa and work permits from the One Stop Service Centre instead of the Labour or Immigration offices.
- The application and approval process for a BOI visa and work permit can be completed in a couple of hours (after the BOI has approved the documentation and position).
- Obtaining a BOI visa and work permit in Thailand can offer several advantages for foreign employees and companies.
About the BOI visa and work-permit
While every company in Thailand needs to obtain the correct visa and work permit for their foreign employees, companies promoted by the BOI are not subject to the same requirements of other company structures. For example, BOI-promoted companies are not subject to the same mandatory capital and minimum Thai staff requirements.
Foreigners employed at a BOI-promoted company can obtain their BOI visa and work permits from the One Stop Service Centre instead of the Labour or Immigration offices. The application and approval process is also far quicker and can be completed in a day, as opposed to the significantly longer process for non-BOI visas and work permits.
However, BOI companies must complete and have approved an online registration process which can be confusing and time-consuming.
What is the BOI?
Thailand’s Board of Investment is a special government agency that focuses on promoting foreign investment within Thailand. A BOI promotion removes many barriers to doing business in Thailand, such as the restrictions of the Foreign Business Act.
More detailed information relating to the Foreign Business Act can be found here.
Furthermore, the BOI also provides the following incentives for qualifying projects:
- 100% foreign ownership of a company.
- Reduced requirements for supporting work permits, i.e., no quotas for hiring foreigners.
- The ability to own land.
- Tax benefits such as income tax exemptions for a fixed period. Please note that tax incentives depend on specific promotions and is not available to all.
What are the requirements for a BOI company to hire a foreign employee?
Unlike Thai limited companies, there are no restrictions on hiring foreign employees. As a result, the quota of hiring 4 Thai employees per foreign national is not applicable.
As per the BOI, a BOI-promoted company shall be granted permission to hire foreign nationals who are:
(1) skilled workers and,
(2) experts.
What is the process for getting a BOI visa and work-permit?
The following process must be completed for an applicant to obtain a BOI visa and work permit.
Opening a new position on the online BOI platform
Firstly, the BOI-promoted company will open a new position for the job matching the applicant’s qualifications on the online BOI platform. It takes, on average, 7 days to get the position approved by the BOI.
Receiving an invitation letter from the BOI and applying for a Non-Immigrant B (Non-B)
After receiving approval for the new position, an invitation letter from BOI will be issued. This letter will be submitted to the Thai Embassy as part of the visa application.
Submission of your qualifications for approval by the BOI
Next, a new profile for the applicant will be created on the BOI ‘Single Window system’ platform for the newly opened position. During this stage, the applicant’s qualifications will be uploaded for approval by BOI.
During this stage, it is common to have 3 to 4 follow-up queries from the BOI requesting additional information or details. On average, the profile takes 2 to 3 weeks to be approved.
In practice, the applicant must have a minimum of a bachelor’s degree and two years of experience. The BOI will request an employment certificate from previous employers to prove the applicant has the required experience.
If the applicant doesn’t have a degree, they will need 5 years of work experience (and the employment certificates to prove it).
Please note the experience doesn’t need to be with the same company; the applicant can work for different companies. Furthermore, the experience must align and match the position the candidate is granted a work permit for.
Obtaining your work permit and visa extension
After the applicant’s profile has been approved, they are invited to choose a date for the appointment at the One Stop Service Center (OSS – Chamburi Square) to receive their visa and work permit. Usually, an appointment can be booked within 5 to 8 days.
The visa and work permits are issued to the applicant for one year. It is important to note that the employee must do a 90-day report. The 90-day report refers to a requirement for foreigners staying in the country long-term to report their residential address to the Thai immigration authorities. This requirement applies to individuals holding a non-immigrant visa, such as a work permit, business visa, retirement visa, or marriage visa, among others.
The purpose of the 90-day report is to ensure that the authorities have updated information regarding the foreigner’s place of residence. The 90-day report can be submitted in person at the nearest Thai Immigration Office or through an online platform, depending on the specific guidelines provided by the immigration department.
The renewal process for BOI visas and work permits is also significantly more accessible for BOI-promoted companies. This is because the required documents are submitted online a few weeks before the work permit or visa expires. Once the BOI has reviewed and approved the papers, the applicant can collect their extensions from the One Stop Service Center.
What is the required information for obtaining a BOI visa and work permit?
The following information is required from the applicant:
- A copy of the first page of the passport
- A copy of the current visa
- The latest re-entry permit (if any)
- The latest entry visa stamp
- A professional profile picture
- Education certificates
- Employment certificate from the previous employer(s) (applicants are required to have at least five years of work experience if no bachelor/master degree, otherwise, two years of work experience)
- A CV
- A current address
- A mobile number
The following information is required from the promoted company.
- Technology Transfer Plan – an explanation of the company’s plan calling for such aliens to train and coach Thai workers to upgrade their knowledge and skills, specifying training topics, methods, and durations.
- The company’s letter stating details and justifications – a statement of why the company requires an alien skilled worker, its current operations, and the justification for such reasons.
- A permission request form for bringing in skilled workers (F FR NI 01) – must be filled out. 4. Company Organization Chart – showing the division of labor within the company and indicating which divisions the requested positions will be attached to. Any such positions previously approved must also be specified in the chart.
- Form Kor Kor Tor 41 (F FR NI 02) – the following details will be provided: a. Position titles in English. b. Job description, which must cover their actual tasks. c. Job Requirements (select from items in the form as appropriate) d. Duration – the duration the company needs to have such positions
- Copy of Investment Promotion Certificate – must be a copy of the main investment certificate. Only copies of those relevant to that particular application are to be attached in case of multiple certificates.
- Copy of License to Commence Operations – A condition exists in the Investment Promotion Certificate whereby the company must inform BOI in writing when it is ready to commence operation for BOI to perform a pre-operation inspection. If the review finds the company to have complied with all the specified conditions, it will issue a permit to the company.
- Copy of Company Registration Certificate – not more than six months old on the application date.
- List of Shareholders – names of the shareholders and numbers of their shareholdings must be up to date.
- Financial statements – must be those most recently certified. If such documents have not yet been prepared, ones for the latest year available can be used instead. If the company is newly established and has not yet had any financial statements, this must be indicated in writing.
- All sets of documents (except those issued by BOI) must be affixed with the company seal and signed by an authorized director specified in the company registration certificate or by a person authorized by the [board of] directors through a power of attorney clearly describing the designated powers and duties and affixed with a stamp duty of 30 baht.
What are the advantages of having a BOI visa and work permit?
Obtaining a BOI visa and work-permit in Thailand can offer several advantages for foreign employees and companies. Here are some of the benefits:
Quick and efficient Service: The One Stop Service Center is a significant advantage for applicants as getting a visa and work permit can be completed in a few hours. This service also means applicants do not need to go to Chaeng Wattana (outside of downtown and difficult to get to) and sit and wait for hours, sometimes even the whole day. The BOI visa applications do not require an under-consideration period like other visas, which means you only need to go to OSS once, not twice, like traditional visas.
Streamlined Processes: The BOI visa and work-permit process generally have more streamlined procedures than standard work permits. For example, the required documents are submitted online for approval. This is significantly easier than a traditional visa and work permit, where the applicant must submit the documents on paper on the application day. Furthermore, for a traditional visa or work permit, the immigration office will check all the documents thoroughly; they may also reject the documents for not being printed correctly/clearly or even signed in black ink rather than blue. In such situations, the applicant will either have to find some way to rectify the problem or return another day. BOI visas and work permits, on the other hand, can simply resubmit and upload the documents. The applicant can pick up their visa once the BOI has reviewed and approved all the documents.
Visa Extensions: A BOI visa’s extension process is typically smoother than regular work permits. The BOI provides support and assistance to its promoted companies, facilitating the visa extension process for their employees.
Residency Benefits: Depending on the specific BOI promotion, there may be opportunities for employees to apply for long-term residency in Thailand. This can provide more stability and benefits, such as purchasing property or accessing certain services reserved for Thai residents.
Airport Fastrack: Anyone in a management position or above at a BOI company can use the Fast Track services at the airport.
Temporary visa: Once a company has applied for a BOI promotion, the Directors can apply for a temporary visa that will be valid. At the same time, the BOI reviews the application before approval.
It’s important to note that the advantages of a BOI visa and work permit may vary depending on the specific promotion criteria and industry. It’s advisable to consult with the relevant authorities or an immigration lawyer to understand the specific benefits and conditions applicable to your situation.
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.
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
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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