Visa and Work Permits for Foreign Workers of BOI promoted company

| October 14, 2014

Thai BOI promoted companies have the privilege to invite foreign nationals to work in Thailand with less restriction compared to ordinary Thai companies. Provision of using the privileges under the Investment Promotion Act B.E. 2520 (A.D. 1977): Section 24, Section 25 and Section 26, such rights and benefits for supporting visa and work permits of foreign nationals are as follows:-

  1. In the case of application for foreigner to stay and work in Thailand on a BOI promoted company (newly apply), the company shall submit the application to the Office of the Board of Investment at least 15 days (10 working days) prior the expiration of permit-to-stay (Non-Immigrant Visa: 90 days).
  2. In the case of extending any position period for foreigner to stay in Thailand, the BOI promoted company shall submit the application to the BOI not less than 15 days (10 working days) prior the expired date of previous permission. Otherwise, the BOI will not consider such application. The foreigner will have to leave and re-enter the Kingdom under a new non-immigrant “B” visa and the company shall re-apply for individual approval.
  3. After being notified by the BOI that permission for entry into Thailand has been granted, the BOI promoted company shall promptly bring the foreigner’s passport to the Immigration Bureau to apply for permission to stay in Thailand prior the expiration of permit-to stay and shall strictly comply with the regulations and procedures of the Immigration Bureau; otherwise, BOI shall have the power to revoke the permission to stay in Thailand as mentioned.

(1)    In the case of newly apply, if the application is submitted after the expiration of permit-to-stay (expired visa), the foreigner will be subject to a fine for overstay under the regulations of the Immigration Bureau.

(2)    In the case of extension of stay, if the BOI’s approval/permission for entry into Thailand is submitted to the Immigration Bureau after the expiration of the period of permit-to-stay (expired visa), the foreigner shall leave and re-enter Thailand with a new non-immigrant “B” visa. The BOI promoted company must notify the BOI the termination of such foreigner first and re-apply to the BOI for such foreigner to enter into Thailand (re-apply for individual approval).

  1. A foreigner shall comply with the Working Alien Act, B.E. 2551 (A.D. 2008) and the regulations and procedures of the Department of Employment, Ministry of Labor; otherwise, BOI shall have the power to revoke the permission to stay in Thailand. After being notified by the BOI of its permission, the foreigner shall promptly apply for a work permit or extension of a work permit prior the expiration date of the previous permission.

(1)    In the case of newly apply, if the application is submitted after the expiration of permit-to-stay (expired visa), the foreigner will be subject to a fine for overstay under the regulations of the Immigration Bureau prior to applying for a work permit.

(2)    In the case of extension of work permit, if the BOI’s approval/permission is submitted for work permit renewal after the expiration of the previous period of permission (expired work permit), the Department of Employment/Provincial Employment Office will not consider the application. The foreigner shall leave and re-enter Thailand with a new non-immigrant “B” visa. The BOI promoted company must notify the BOI on the termination of such foreigner first and re-apply to the BOI for such foreigner to enter Thailand (re-apply for individual approval).

  1. The foreigner shall work only in the approved position. If the foreigner performs any duty other than those being approved, the foreigner’s permission to stay in Thailand will be revoked. Therefore, in case of changing position or duties, the foreigner shall promptly submit the revision of position or duties in order to match the actual duties. If the position or duty is regarded as controlled engineering profession, the foreigner shall comply with the Engineering Profession Act B.E. 2505 (A.D.1962). The foreigner shall transfer knowledge and provide training to Thai skilled workers within an appropriate period.
  2. If a foreigner will no longer be in the position, the BOI promoted company shall inform the BOI 15 days in advance by using the form prescribed by the BOI and shall promptly bring the passport of the foreigner to the Immigration Bureau and Department of Employment/Provincial Employment Office for cancellation of the permission to stay/re-entry permit and work permit, respectively.

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