Est. 2019 · Khon Kaen · Bangkok · Udon · Nong KhaiTHEN
§ Notarial Services Attorney

Licensed Notary Public Attorneys 6 registered

All six attorneys are registered with the Lawyers Council of Thailand under Royal Patronage. Their notarial licences certify signatures and documents for embassies, foreign governments, and international visa applications.

View all licences

Registered Notarial Services Attorney · Lawyers Council of Thailand

Home / FAQ / Work Permit & Employing Foreigners

Work Permit & Employing Foreigners

Registered capital and Thai-staff ratio rules, document sets, processing times, changing employers, and penalties under the Foreigners' Working Management Emergency Decree.

Quick answer

The general rule is four Thai employees per foreign work permit, together with THB 2 million of paid-up registered capital per foreigner, reduced to THB 1 million and two Thai employees where the foreigner is married to a Thai national. BOI-promoted companies, representative offices and regional offices operate under different, generally lighter, requirements. · Free assessment — call 083-249-4999 · LINE @NYC168

What is the Thai-to-foreign staff ratio for a work permit?
The general rule is four Thai employees per foreign work permit, together with THB 2 million of paid-up registered capital per foreigner, reduced to THB 1 million and two Thai employees where the foreigner is married to a Thai national. BOI-promoted companies, representative offices and regional offices operate under different, generally lighter, requirements.
Can I start working while the work permit is being processed?
No — working before the permit is issued is an offence under the Foreigners' Working Management Emergency Decree, with fines of THB 5,000 to 50,000 for the worker and up to THB 400,000 per worker for the employer, plus possible deportation and a two-year ban on re-employment. Preparatory activities such as signing your own employment contract are not treated as work, but performing duties is.
How long does a work permit take to issue?
At the Department of Employment a complete application is typically issued within about seven to ten working days, and applications processed through the BOI One Stop Service Center can be completed far faster, sometimes within a day or two. The visa side runs in parallel: a Non-B visa or change of status must be in place before the permit is collected.
What happens to my work permit if I change employer?
The permit is tied to the employer, position and workplace, so a change requires a new application by the new employer and cancellation by the old one; you cannot simply transfer the booklet. After cancellation your permission to stay is normally shortened, so the new filing must be coordinated to avoid falling out of status.
Which occupations are closed to foreigners?
Thailand maintains a reserved-occupations list that closes work such as manual labour, agriculture and fishery work with limited exceptions, hairdressing, tailoring, Thai handicrafts, driving, and legal work other than arbitration, while several other occupations are conditionally open. Job titles on a work permit must therefore be drafted to fit outside the reserved list while accurately describing the role.
Do digital nomads and LTR holders need a work permit?
LTR visa holders in the work-from-Thailand and highly-skilled categories receive a digital work permit through the BOI, so no separate booklet is required. DTV holders receive no work authorization and may only work for employers and clients outside Thailand; taking Thai-sourced work requires switching to a category that carries a permit.
How much registered capital does a Thai company need to hire one foreigner?
A Thai-majority company generally needs THB 2 million of fully paid-up registered capital for each work permit it sponsors, reduced to THB 1 million if the foreigner is married to a Thai national, while BOI-promoted and Foreign Business Licence holders follow the capital set in their own approval. The Department of Employment applies the ratio to paid-up — not merely registered — capital, so the share capital should be paid in and evidenced before the application is filed.
How many Thai employees are required per foreign work permit?
The standard rule is four Thai employees registered with the Social Security Office for every one foreign work permit; the ratio is relaxed to one Thai per foreigner in some categories such as representative offices, and waived for BOI-promoted companies which instead work to their approved position list. Social security contributions must actually be filed for those staff — a payroll list without SSO filings is routinely rejected.
Can I apply for a work permit while on a tourist visa or visa exemption?
No. A work permit requires a Non-Immigrant B (or an equivalent category such as BOI, LTR or SMART) obtained before the application, so a tourist entry has to be converted at Immigration or the applicant must leave and re-enter on the correct visa. Working before the permit is issued is an offence for the employee and the employer alike, even if the paperwork is already in progress.
How long does a work permit application take?
A conventional Department of Employment filing usually takes about seven to ten working days once the complete document set and the Non-B visa are in place, while BOI-promoted companies filing through the Single Window/One Stop Service Centre are often approved within one to three working days. Timelines lengthen if the company's financial statements, VAT filings or office photographs are missing, since officers check that the business genuinely operates.
What happens to my work permit if I change employer?
The permit is tied to the employer, position and work location, so the old employer must cancel it and the new employer files a fresh application; since the 2018 amendments the employee may stay and start the new filing rather than leave the country immediately, but Immigration must also be notified so the extension of stay is not cancelled. Do not begin duties for the new company until the new permit is issued.
What are the penalties for working without a permit?
Under the Foreigners' Working Management Emergency Decree the foreigner faces a fine of THB 5,000 to 50,000 plus deportation and a two-year bar on obtaining a new permit, while the employer faces THB 10,000 to 100,000 per worker and up to THB 200,000 per worker for a repeat offence, with a three-year hiring ban. 'Work' is interpreted broadly and includes unpaid activity, so volunteering also requires a permit.
Which occupations are still closed to foreigners?
A list of reserved occupations remains in force covering, among others, manual labour, agriculture and fishery work, driving, hairdressing, tailoring, Thai handicrafts, tour-guiding, and clerical or secretarial work; several professions such as engineering, architecture and accountancy are open only conditionally or under ASEAN mutual-recognition arrangements. Legal practice before Thai courts is restricted to Thai-licensed lawyers, which is why foreign-owned firms retain Thai counsel of record.
Do digital nomads and DTV holders need a work permit?
A Destination Thailand Visa holder working remotely for a foreign employer with no Thai clients, no Thai income and no local workplace is not treated as taking a Thai job, and the DTV was designed for exactly that pattern; the moment the work is performed for a Thai company, invoices a Thai client, or involves a physical office in Thailand, a work permit and the corresponding visa category are required. Because enforcement turns on the facts, keep contracts, payment records and client locations documented.
Must a work permit be renewed every year?
Yes — the permit is normally issued for one year and must be renewed before it expires, in step with the annual extension of stay granted by Immigration, and the renewal pack repeats the company's financial statements, tax filings and Thai-staff evidence. A permit that lapses cannot be renewed; a new application is then needed, so diarise the renewal at least thirty days ahead.
What capital and staffing ratio does a Thai company need to sponsor a work permit?
The general rule for an ordinary Thai limited company is registered capital of two million baht fully paid per foreign employee and four Thai employees per foreigner, with the capital reduced to one million baht where the foreigner is married to a Thai national. BOI-promoted companies, representative offices and companies operating under treaty arrangements are assessed under their own rules and are frequently exempt from the four-to-one ratio. The ratio is checked against social security filings, not against a staff list on paper.
Can work start before the work permit is issued?
No. Working before issue is an offence under the Foreigners' Working Management Emergency Decree for both the worker and the employer, and it is one of the few immigration matters where inspection visits are common. Unpaid, voluntary and 'just helping out' activity falls within the definition of work as applied in practice. The lawful sequence is Non-B visa or the appropriate category first, then the work permit, then commencement.
What happens to the work permit when an employee resigns?
It ceases to be valid with the employment and must be returned to the Department of Employment, normally within a short window; the associated permission to stay is also cut back, typically leaving only a matter of days unless a new employer files in time. The practical approach is to have the new employer's filing prepared before the resignation date so that the transfer is continuous rather than a re-entry exercise.
Which occupations are closed to foreign nationals?
A statutory list reserves certain occupations to Thai nationals, historically including manual labour, most agricultural and craft trades, and several service occupations; the list has been amended repeatedly and some items have been opened to foreigners under conditions. Because the list changes and enforcement follows job function rather than job title, the safe check is against the current Ministry of Labour notification for the actual duties performed, not the title on the contract.
Does a Digital Nomad or DTV holder need a Thai work permit?
A DTV holder working remotely for a foreign employer with no Thai clients, no Thai income source and no Thai workplace is not treated as needing a Thai work permit for that remote activity. Taking on Thai clients, being paid by a Thai entity, or performing duties for a Thai company shifts the activity into work requiring a permit. The distinction is about where the work is delivered and who pays, so keep contracts and invoicing consistent with the position claimed.
Can one work permit cover several employers or workplaces?
The permit is tied to a specified employer and to specified work locations. Additional locations can be added by amendment, and separate permits are possible for genuinely separate employers, but working for a second employer without an amendment is treated as unauthorised work. Directors who sign for multiple group companies commonly need each entity recorded rather than relying on the group relationship.
What educational and experience evidence is examined?
Degree certificate and transcript, and where relevant a professional licence, each legalized or apostilled in the country of issue and translated into Thai. Officers compare the qualification against the job description; a role described as engineering or accounting attracts licensing questions in Thailand because those professions are regulated. Experience letters are useful where the degree does not match the role, provided they are on letterhead, signed and verifiable.
How does a BOI work permit differ in practice?
BOI-promoted companies use the One Stop Service Centre, where visa and work permit steps are processed together and often within a day once the position is approved in the BOI system. The staffing ratio and capital tests are replaced by the position approvals granted under the promotion certificate. The trade-off is that positions must exist in the approved plan, so headcount planning has to run ahead of hiring.
What are the penalties for working without a permit?
Fines for the worker with deportation and a re-entry ban in serious cases, and substantially larger fines for the employer per illegal worker with a bar on employing foreigners for a period on repeat offences. Because the sanction attaches to the employer as well, well-run companies treat the permit sequence as a compliance control rather than an administrative errand.
Is a work permit needed for a short business trip?
Attending meetings, negotiating and inspecting without performing productive work is generally treated as business visitor activity rather than work, but the line is narrow and the safe route for anything operational — installing, training, troubleshooting, delivering a service — is the urgent work notification route, which allows short assignments on notification rather than a full permit. Confirm the current form and duration limits before travel, as the notification regime has been amended more than once.
Can I start working while the work permit application is still pending?
No. Under the Emergency Decree on Managing the Work of Foreigners, work performed before the permit is issued is unlawful regardless of how advanced the application is, and both the worker and the employer are exposed to penalties. Preparatory activity that is not 'work' — for example attending an interview or signing your own employment contract — is different from performing the role. Where a business needs someone productive quickly, the sequencing question to solve is the visa and permit calendar, not a workaround.
What are the registered capital and Thai staff ratio rules in practice?
The general benchmark applied to an ordinary Thai limited company is registered capital of THB 2 million per foreign employee and four Thai employees per foreigner, with a reduced capital requirement where the foreigner is married to a Thai national. BOI-promoted companies, representative offices and certain treaty structures are assessed under their own rules rather than this benchmark. Because the ratio is checked against actual social-security registrations rather than headcount on paper, the payroll records need to match the application before it is filed.
What happens to my work permit if I change employers?
The permit is tied to the employer and the position, so it does not travel with you. The outgoing employer notifies the termination, the permit is cancelled, and the new employer files afresh. The pressure point is the visa: a Non-B extension of stay granted on the basis of that employment ends with it, and immigration allows only a short window to leave or convert. Coordinating the cancellation date with the new filing — rather than resigning first and arranging paperwork afterwards — is what avoids an overstay.
Which occupations are still closed to foreigners?
Thailand maintains a reserved-occupations list covering work such as manual labour, certain crafts, hairdressing, tour guiding and various professional services, with some categories opened conditionally in later ministerial announcements. The list has been amended more than once, so the correct approach is to check the current announcement for the specific job title rather than rely on an older summary. Where a role sits close to a reserved category, how the job description is drafted often determines whether it is approvable.
Does a digital nomad on a DTV need a work permit?
The Destination Thailand Visa was designed for remote workers employed or contracted outside Thailand, and the government's position is that remote work for foreign employers under that visa does not require a Thai work permit. What it does not permit is taking on Thai clients or performing work for a Thai entity, which is ordinary local employment and needs the ordinary permission. Because enforcement practice around remote work continues to develop, keep documentary proof that your income source is foreign.
How long does a work permit application take once documents are complete?
For a straightforward corporate applicant with a complete file, issuance is typically measured in days rather than weeks at the Department of Employment, and the longer part of the timeline is usually assembling company documents, the Non-B visa and the supporting evidence beforehand. Applications through the One Stop Service Centre for eligible categories are faster still. Where the file is incomplete — most often a missing company affidavit or an outdated financial statement — the clock effectively restarts.
What company documents does the Department of Employment want to see?
Typically the company affidavit and list of shareholders from the Department of Business Development, the VAT registration, the most recent audited financial statement and tax filings, social security records evidencing Thai employees, plus the employment contract and a job description for the position. Documents from the registry are expected to be recent, so ordering them too early is as much of a problem as ordering them too late. Foreign-issued documents in the file need certified Thai translations.
Can one work permit cover several locations or branches?
The permit records the workplace, so work performed at an address that is not recorded is a compliance risk. Where a role genuinely spans sites — a regional manager, an engineer covering client factories — the correct approach is to have the additional locations recorded rather than to treat the permit as portable. Amending the recorded workplace is an administrative filing; being found working at an unrecorded site is an offence, so the ordering matters.
What are the penalties for working without a permit?
The Emergency Decree provides for fines on the foreign worker and substantially heavier fines on the employer per illegally employed worker, with repeat employer offences attracting further consequences including a period of prohibition on employing foreigners. Deportation and a re-entry bar are realistic outcomes for the worker. Because the amounts and the enforcement posture have been revised since the decree was first issued, treat any specific figure you read online as needing confirmation against the current text.
Is a work permit needed for a short business trip — meetings, an audit, a trade fair?
Attending meetings, negotiating and observing are generally treated differently from performing work, but the boundary is narrower than most visitors assume: installing equipment, training staff or auditing on site has repeatedly been treated as work requiring permission. For short technical assignments Thailand provides an urgent-work notification route, which is designed exactly for this gap. If the activity produces output for a Thai entity, assume permission is needed and check rather than assume the opposite.
What capital and staffing ratio does an ordinary Thai company need to sponsor one work permit?
The working benchmark is THB 2 million of fully paid-up registered capital per foreign employee, and four Thai employees registered with social security per foreigner. A company majority-owned by foreigners is generally assessed at THB 2 million per permit; a Thai-majority company is treated the same way in practice by most provincial labour offices. BOI-promoted companies and Treaty of Amity entities work to different, lighter tests.
Can I start working while the work permit is still being processed?
No. Working before the permit is issued is an offence under the Foreigners' Working Management Emergency Decree, and it exposes both you and the employer to fines and, for the employer, a ban on hiring foreigners. Unpaid, 'just helping out' and remote work performed physically in Thailand all count as work. Plan the start date after issuance, or use a digital-work visa route where the activity genuinely qualifies.
What actually happens to my permit when I change employers?
The old permit is cancelled by the outgoing employer and a new application is filed by the incoming one — permits are not portable. Your Non-B extension of stay is tied to the employment, so it must be re-based too, and you typically get a short grace window to leave or re-apply rather than an open-ended one. The safest sequence is to have the new employer's documents ready before the cancellation is filed.
Does a work permit list the exact job I may do?
Yes. The permit records the employer, workplace and job description, and working outside that scope is a breach even if it is unpaid or occasional. Adding a branch office, a second workplace or a materially different role requires an amendment filed at the labour office. Directors who also perform operational duties should have the duties written broadly enough at the outset to avoid a later amendment.
Which occupations are still closed to foreigners?
A schedule of reserved occupations remains in force covering, among others, manual labour, most agriculture and fishery work, hairdressing, Thai handicrafts, driving Thai vehicles, clerical and secretarial work, and legal services except arbitration in limited cases. Some categories were relaxed to allow foreigners under conditions or reciprocity. Because the list is periodically amended, verify the current status for a borderline role before offering employment.
How does a BOI-promoted company's work permit process differ?
BOI companies file through the One Stop Service Centre for Visas and Work Permits using the e-Expert system, which approves positions against the promoted project rather than a flat capital-per-foreigner formula. Turnaround is measured in days rather than weeks once the position is approved, visa and permit are issued at the same counter, and the four-Thais-per-foreigner ratio does not apply in the usual way.
What is the difference between a Non-B visa and the work permit?
The Non-B visa is immigration permission to be in Thailand for business or employment; the work permit is labour-ministry permission to perform the work. You need both, and they are issued by different agencies with different renewal cycles. In sequence: Non-B visa or entry, then work permit, then an extension of stay based on employment — losing one usually invalidates the basis for the other.
Which of my foreign documents need legalization for a work permit file?
Degree certificates, professional licences and, for some roles, employment references are the ones that get checked. They should be translated into Thai and legalized — via the Thai embassy in the issuing country, or notarised and then certified by the Department of Consular Affairs once in Thailand. Officers compare the name on the degree against the passport, so any spelling difference needs a translator's note covering it.
What are the penalties for working without a permit?
A foreigner working without a permit faces a fine in the tens of thousands of baht and deportation, along with a bar on applying for a new permit for a set period. Employers face a far larger per-worker fine, escalating on repeat offences, plus a multi-year prohibition on employing foreigners. Immigration and labour inspections are increasingly joint, so a clean permit file protects the visa file too.
Do remote workers on a DTV need a Thai work permit?
No, provided the work is genuinely performed for a foreign employer or foreign clients, with no Thai customers, Thai revenue or Thai workplace. The moment you take on Thai clients, or take a role inside a Thai company, the activity is work in Thailand and requires a permit and a suitable visa category. Keep contracts and invoices as evidence of the foreign-source nature of the work.
What counts as 'work' under Thai law, and does unpaid activity count?
Thai law takes an expansive view: work is engaging in an occupation, with or without an employer, and with or without wages. Unpaid help in a business, volunteering, and hands-on activity on your own premises can all fall within it. The safe assumption is that any activity a Thai national could be employed to do requires a permit, and the exemptions are narrow and specific rather than general.
Can you start working while the work permit application is being processed?
No. The permission dates from issue, and working before that date is an offence for both the foreign national and the employer under the Foreigners' Working Management Emergency Decree. Employers who plan around an assumed start date frequently create exposure for themselves; the correct approach is to align the employment start date with the issue date and to document the gap.
What happens to the work permit when you change employer?
The permit is tied to the employer, the position and the workplace, so a change of employer requires a new permit rather than an amendment. The outgoing employer notifies the authority of termination, and the incoming employer files afresh with its own supporting corporate documents. Because the underlying Non-B permission to stay is linked to the employment, the immigration side must be sequenced with the labour side or the stay lapses in the gap.
Must the work permit be kept at the workplace, and what is checked in an inspection?
Keep it accessible and produce it on request by an authorised officer. An inspection typically checks that the position, the employer and the work location on the permit match what is actually happening, that the Thai-to-foreign employee ratio is being maintained, and that social security registration and contributions are current. Discrepancies between the permit's stated duties and actual duties are the most commonly cited finding.
What are the penalties for working without a permit?
The foreign national faces a fine and, in serious cases, deportation and a bar on applying for a new permit for a set period. The employer faces a substantially heavier fine per illegally employed worker, escalating on repetition, and can be barred from employing foreigners. Because both sides are exposed, employers should verify permit status before the first day of work rather than after an inspection.
Can I apply for a Thai work permit without a job offer?
No — a work permit is tied to a specific employer, position and workplace, so an offer and a sponsoring entity come first. Changing employer requires a new permit rather than an amendment, and working before the permit is issued is an offence under the Foreigners' Working Management Emergency Decree. BOI-promoted employers and certain digital-work categories follow their own procedures but still require a sponsoring entity.
What counts as 'work' in Thailand for permit purposes?
The concept is broad and is not limited to paid employment: performing duties for an employer, exercising physical or intellectual effort in a role, and unpaid or volunteer roles can all fall within it. Enforcement focuses on activity in Thailand for a Thai beneficiary, which is why volunteering and unpaid directorships are frequently caught. If your activity sits near the boundary, get a written view before starting rather than after an inspection.
How long does a work permit take once documents are complete?
Processing times depend on the labour office and route, and BOI and one-stop channels are typically faster than a standard filing. The rate-limiting step is usually the company evidence — registration extracts, financial statements, and social security registration — not the individual's documents. Assemble the company file before the employee arrives so the clock starts from a complete set.
What happens to my permission to stay if my employment ends?
The work permit is cancelled and the permission to stay based on it is shortened, giving a limited window to depart or change status. Waiting until the stamp expires converts an administrative problem into an overstay, which carries fines and re-entry consequences. Start the new employer's filing or a status change immediately on notice rather than at the end of the notice period.
Are there jobs foreigners cannot do in Thailand at all?
Yes — a list of occupations reserved for Thai nationals is maintained under ministerial notification, and it has been revised several times, with some occupations opened conditionally. Because the list changes, checking the current notification rather than an older summary matters when the role sits close to a reserved category. Where a role is partly reserved, restructuring the job description around the permitted activities is sometimes possible.
Which qualification documents need certification for a Thai work permit?
Degree certificates and transcripts, professional licences where the role is regulated, and employment references, typically translated into Thai and legalized in the country of issue. Officers check that the qualification matches the job title on the application. A mismatch between the degree field and the position description is a frequent cause of extra questions.
Can I start work while the permit application is pending?
No — working before the permit is issued is an offence for both the employee and the employer, regardless of the visa held. Preparatory activities such as training and onboarding are treated cautiously and should be checked in advance. The safe course is to align the start date with the permit issue date, not the visa date.
What happens to my work permit if I change employer?
The permit is tied to the employer and position, so a change requires a new permit or an amendment rather than a simple transfer. The associated visa extension is also employer-linked and has to be handled in the same sequence. Leaving one job before the next permit is in place can end the extension, so coordinate the two timelines.
Do I need my documents re-certified for the annual extension?
Core qualification documents are usually not re-certified, but company and financial documents are refreshed each year, and immigration expects current-period evidence. Missing updated company filings is the usual reason an otherwise routine extension stalls. Keep a yearly calendar reminder tied to the permit expiry rather than the visa expiry.
What are the common reasons a work permit application is refused?
Company ratios and registered capital not supporting a foreign hire, job descriptions that overlap restricted occupations, incomplete qualification evidence, and inconsistencies between the visa category and the role. Most of these are structural and cannot be fixed at the counter. A pre-filing review of the company's eligibility avoids paying for a filing that cannot succeed.
Can I start work while the work permit is pending?
No — working before the permit is issued is unlawful even when the application is complete and the visa is valid. Penalties fall on both the worker and the employer, and an offence recorded during this window complicates later extensions. Employers who need the person on site can plan around it with an appropriate visa and a start date tied to issuance.
Which qualification documents must be translated for a work permit?
Degree certificates, transcripts and professional licences issued abroad need certified Thai translation, and in most cases legalisation by the Thai embassy in the issuing country beforehand. Employment reference letters are often requested too, particularly for positions where experience substitutes for a formal qualification. Preparing these before arrival removes the longest lead time from the process.
Does changing employer require a new work permit?
Yes — the permit is tied to a specific employer, position and location, so a change of employer requires a new application rather than an amendment. Working for the new employer before the new permit is issued is an offence even if the old permit is still physically valid. The visa status must be kept in order during the gap.
Can a work permit holder's spouse and children stay in Thailand?
Yes — dependants can apply for a non-immigrant O visa based on the permit holder's status, supported by legalised and translated marriage and birth certificates. The dependant's permitted stay is generally aligned to the permit holder's. Because the family documents are the bottleneck, they are best legalised at the same time as the holder's own qualification documents.
What happens to the work permit if employment ends?
The permit must be returned and the permitted stay based on it ends shortly after, typically within a short grace period set by immigration. Staying on requires either a new employer's permit or a change to another visa category before the grace period expires. Waiting until the last day removes every option except leaving the country.
Can work begin while the work permit application is pending?
No — working before the permit is issued is an offence under the Foreigners' Working Management Emergency Decree, and both the employee and the employer are liable. Preparatory acts such as signing an employment contract are not work, but performing duties is. Plan the start date around the permit decision, not around the visa entry date.
What happens to a work permit when an employee changes employer?
The permit is tied to the employer, so it is cancelled on resignation and a new application is filed by the incoming employer, ideally with no gap. The non-immigrant B visa follows the same logic and may need re-issue or extension. Coordinate the cancellation and the new filing on the same timeline, because a lapse can force departure from Thailand.
Which occupations are closed to foreigners in Thailand?
A statutory list reserves certain occupations for Thai nationals, historically covering work such as manual labour, agriculture, hairdressing, tour guiding and some crafts and clerical roles, with periodic amendments. Job titles that resemble a reserved occupation are refused even when the actual duties differ. Draft the job description around permitted managerial, technical or specialist duties.
Do foreign degrees need legalisation for a work permit application?
Yes in most cases — the degree and transcript are notarised and legalised in the issuing country, then translated into Thai, because the Department of Employment verifies qualifications for specialist positions. Some officers accept university-issued verification instead. Prepare these before arrival, since obtaining them from abroad after filing delays the application by weeks.
Does a work permit holder still need to report to immigration?
Yes — the 90-day address report and the TM.30 residence notification are immigration obligations independent of the work permit, and fines apply for missed reports. Extension of stay is likewise a separate annual process tied to continued employment. Keep the permit, the visa extension and the reporting cycle on one calendar, because they expire on different dates.
What should an adviser tell an employer before a work-permit application?
That the permit depends on the company's condition as much as the employee's: registered capital per foreign worker, the four-Thai-employees ratio for ordinary companies, up-to-date social security registration and filed financial statements. We audit the company file first, because most refusals are caused by the employer's paperwork rather than the applicant's.
Work permit through a Thai company, BOI channel or a digital-nomad visa — how do they differ?
The ordinary route requires the company to meet capital and staffing ratios and is filed at the Department of Employment; the BOI channel through the One Stop Service is faster and relaxes ratios for promoted projects; DTV-style visas do not grant the right to work for a Thai employer at all. Choosing the wrong one is not a paperwork error but an illegal-employment risk.
What running costs follow a work permit?
Annual permit renewal aligned with the visa extension, 90-day reporting, social security contributions, payroll withholding, mandatory notification when duties or workplace change, and re-entry permits for travel. Employers also carry the cost of keeping capital and staffing ratios intact for the whole period, not merely on filing day.
What counts as illegal work even with a valid visa?
Performing any work not listed in your permit, working at an address not registered on it, or working for a company other than the permit holder — all are offences under the Foreigners' Working Management Emergency Decree, with fines and deportation risk for the worker and penalties for the employer. Unpaid or volunteer activity can also qualify. Notify changes before they happen, not at renewal.
What does a work permit application require from employer and employee?
From the employer: company affidavit, VAT registration, financial statements, social security filings and the employment contract. From the employee: passport with the correct visa category, degree and employment references — translated and legalized where foreign — a medical certificate and photographs. The employer file is the one that usually delays things, so we audit it before touching the employee's documents.
What is the correct order between visa and work permit?
The non-immigrant visa category comes first, then the work permit application, then the extension of stay based on employment, then the ninety-day reporting cycle. Entering visa-exempt and hoping to convert is the classic misstep and often forces a departure and re-entry. We sequence the whole chain against your intended start date so no stage waits on a document that could have been prepared earlier.
What causes work permit refusals or complications?
Employer capital or Thai-staff ratios that do not meet the requirement for the position, a job title falling in a restricted occupation, foreign qualifications without legalized translation, and duties in practice that differ from the permit. Any change of role, workplace or employer needs the permit updating — working outside its terms is treated as unauthorised work regardless of holding a valid permit.
Can you handle renewals and changes on an ongoing basis?
Yes, and we recommend it. Renewals depend on filings made months earlier — social security, tax, audited accounts — so treating the permit as an annual event rather than a continuous obligation is where employers get caught. We hold the calendar, prepare the file ahead of the window and flag any structural issue while there is still time to correct it.
Standard Ministry of Labour filing or BOI One-Stop Service?
The standard route at the Ministry of Labour applies to ordinary companies and is governed by registered-capital and Thai-staff ratio requirements; the BOI One-Stop Service is available to promoted companies and processes visa and work permit together in a single visit, typically faster. The choice is not free — it follows from whether the company holds BOI promotion. What companies get wrong is assuming the One-Stop speed applies before promotion is granted. We confirm eligibility from the promotion certificate before scheduling.
Can a work permit move with me to a new employer?
No. A work permit is tied to the employer, position and work location recorded in it, so changing employer requires a new permit and usually an adjustment to the visa basis. Continuing to work during the gap, even for a few days, is unauthorised work. The safe pattern is to have the new employer's file prepared before the old employment ends, so the interval is planned rather than discovered. We map both timelines side by side so you know the exact date the new permit must be in hand.
Does holding a work permit cover any kind of work?
No. The permit authorises the specified occupation, employer and location, and certain occupations remain restricted for foreign nationals under the Foreigners' Working Management Emergency Decree. Helping out in another role, working at an unlisted site or attending client work outside the recorded scope can all fall outside the permit. If your duties will change or you will work across multiple sites, have the permit amended rather than assuming coverage — an amendment is far cheaper than a penalty.
What does an employer need to provide for a work permit?
Company registration documents and a current affidavit, the latest financial statement, evidence of tax and social security registration, the employment contract and job description, and the Thai-to-foreign staff ratio evidence where it applies. The employee provides passport with the correct visa category, qualification certificates, and a medical certificate. Applying on a visa category that does not permit conversion is the most common blocking error.
What is the correct sequence for visa and work permit?
Obtain the correct non-immigrant visa category first, then file the work permit, then extend the stay on the basis of employment. Starting work before the permit is issued exposes both employer and employee to penalties, and entering on a category that cannot support employment forces a departure and a new application. We map the sequence against the employee's current status before any filing.
Why are work permit applications refused?
A job description that falls within an occupation restricted to Thai nationals, company financials that do not support the declared salary, an unmet staff ratio, and qualification documents that are not translated and legalized. The occupation issue is the one that cannot be fixed with paperwork, so it should be checked before recruitment rather than after. We review the role definition at the start for exactly this reason.

Related services

Other FAQ categories

Still unsure? Send a photo of your document for a free assessment — 083-249-4999 · LINE @NYC168 · contact@ilc.ltd