Many foreigners enter Thailand for short business trips for a few days whether for the purpose of negotiating an agreement, to attend or to be a speaker at a conference, to provide technical support, or to source a local supplier, unaware that the purpose of their visit requires a work permit in accordance with Thai law.
The Thai Labor law definition of “work” is very broad that it almost cover all of the activities by foreigners in Thailand doing business or work-related. Work is defined as any activity whereby one exerts energy or uses knowledge. Whether or not this business or work-related activity is in consideration for wages or other benefits, temporarily or permanently, is deemed as work under the law.
Applying for a proper work permit is not suitable for people who comes to Thailand for short business trips. The normal work permits are valid for three, six or 12 months. However, the Alien Working Act contains a provision that allows foreigners intending to stay in the Kingdom for a short period of time to notify the necessity and urgency of their work to the Department of Employment instead of applying for an ordinary work permit.
The advantage of this notification is that it is very quick to process. It will take a day or few days to process with a fee of 800 baht. The requirement is much lesser than the normal work permit. It only requires a non-immigrant business visa, letter from the Thai trading partner and the company registration. The medical certificate, required registered capitalization and number of Thai employees won’t be required for the application.
This option is only available to those who come to perform “necessary and urgent” work-related activities. Furthermore the foreign person will be allowed to stay to perform such activity or work up to 15 days per entry only, inclusive of weekends and public holidays.
It seems a lot of trouble to do this for a short visit, but the law enforcement has become more strict against foreigners who work without a work permit. This has been closely monitored by authorities so it is better to be on the safe side.
To apply for a work permit in Thailand, please check this page.
Some opinions expressed in this article may be those of a guest author and not necessarily Thai Visa News.
Mr. Rex Baay serves as immigration consultant of one of the law firms in Thailand supervising the Thai immigration department. Rex studied at University of the Philippines, Diliman and later found himself working in Thailand. With more than 5 years of experience practicing the said profession, Rex has shared valuable immigration-related information and helped so many foreigners who wanted to travel, work, or reside in Thailand.
Oct 29, 2015 Comments Off on O-A Thai Retirement Visa