SMART Visa en Thaïlande

Learn more about SMART Visa

On 1 February 2018, Thailand launched the unprecedented and innovative SMART Visa programme that provides a unique opportunity for foreign national residents to share their expertise and create businesses in the country. The visa of unlimited renewability for four years presents advantages to a plethora of foreigners, from novice individuals looking to develop a start-up business to experts, highly-skilled professionals, senior managers, and investors. The programme appeals to a wide range of foreign nationals and attracts worldwide talent.

Commensurate with the backdrop of Thailand’s legal context, the present essay provides a comprehensive examination of the innovative concept of SMART Visas. These visas are a testament to Thailand’s forward-thinking approach to attracting respectable and responsible foreign nationals who can significantly impact Thailand’s strategic industries. The essay delineates the core advantages and their relevance to foreign national employers and businesses, previous employment and application processes, specific requirements, and industries that fall under SMART Visas.

Table of Contents

 Purpose of SMART Visas

There is something more profound at stake behind the concept of SMART Visas, which fuels the enterprise. These visas are n ambitious effort to connect international expertise to Thailand’s strategic industries.  The formula is simple – Smart Electronics, Next-Generation Automotive, Food Processing, Agriculture and Biotechnology, Medical and Wellness Tourism, as well as Automation and Robotics. In that regard, the entrance of international experts precipitates a quantum leap in Thailand’s global standing, following a rhythm of international technology and entrepreneurial competition.

Hence, the SMART Visa is not just an intricate policy, at which professionals with a formidable set of skills are allowed in; it is a summons. The specialists invited to the country are an indispensable element of Thailand’s strategic industries and their growth as well as transformation. Hence, one thing remains clear – borders can never by definition contain creation, and it is only through an equal partnership of radically different experts that advancements can be truly achieved. A professional that steps into Thailand’s fold will be one of many that will power the country’s ascent across global technology and entrepreneurial ranks.

 Types of SMART Visas and their prerequisites

Now, let’s embark on an insightful exploration into the five fundamental categories of SMART Visas, each meticulously designed to cater to a unique group of individuals:

This specific type of SMART Visa is tailor-made for experts in the fields of science and technology. It requires a minimum monthly salary, a solid employment or service contract, and an official endorsement from a relevant government agency. Meeting these criteria opens doors to Thailand’s world of technology and innovation.

Our second focus, the SMART Visa I, empowers foreign investors to contribute significantly to Thailand’s economy. This scenario calls for tangible financial commitments as proof of dedication and obtaining certification highlighting the business’s tech-oriented focus. Additionally, a steadfast commitment to nurturing these investments underpins the essence of this visa category.

The third category, the SMART Visa E, honors experienced executives who embody professionalism. Their entry into Thailand requires a specific salary threshold and a distinguished professional journey that underscores their rise to corporate leadership. This, coupled with their senior management roles, ushers them into the world of SMART Visas.

The SMART Visa S welcomes foreign entrepreneurs straddling the intersection of innovation and enterprise. The prerequisite of a fixed deposit or active engagement in government-endorsed initiatives lies in its framework, underscoring the entrepreneurial spirit coursing through these individuals. This category embodies Thailand’s resolute drive to foster innovation from its grassroots.

Our final category, the SMART Visa O, extends a compassionate gesture to SMART Visa beneficiaries’ spouses and legitimate children. This acknowledges the familial ties that intertwine with professional pursuits, expanding the sphere of opportunity to include loved ones.

 Benefits of SMART Visas

Now, let us pivot our attention towards the bouquet of advantages that SMART Visas present, casting a brilliant contrast against the backdrop of traditional non-B visas:

  • Annual Reporting and Unfettered Travel: In the realm of SMART Visas, the onerous obligation of reporting every 90 days replaces a more lenient annual reporting schedule. Furthermore, the borders of Thailand blur as SMART Visa holders traverse them with the utmost ease, unburdened by travel restrictions.
  •  Extended Work Validity: The allure of SMART Visas lies in their immediate benefits and long-term promise. These visas confer the gift of extended work validity, endowing their holders with a stay that spans up to 4 years—an opportunity for a substantial immersion into Thailand’s professional tapestry.
  • Exemption from the Yoke of Mandatory Work Permits: Traditionally, mandatory work permits have haunted those venturing into Thai territory. However, this yoke is lifted within the realm of SMART Visas, providing a respite for skilled professionals and entrepreneurs who seek to contribute without bureaucratic encumbrance.
  • The Threshold of Special Entry and Exit Channels: SMART Visa holders stand bestowed with the privilege of dedicated entry and exit channels, expediting their transition through the thresholds of Thai borders—an honor genuinely emblematic of the deference extended to these esteemed individuals.
  • Simplicity in Family Pursuits: The familial fabric, often intricately woven alongside professional aspirations, encounters simplified tracking within the purview of SMART Visas. Spouses and children find their place within this framework, subject to a streamlined tracking mechanism that honors the inseparable ties of kinship.
  • The Liberating Exemption: Spouse Work Permit Requirements**: One of the crowning glories of SMART Visas rests in the exemption granted to spouses from the shackles of mandatory work permits. This gesture, manifesting as a testament to Thailand’s recognition of the multifaceted contributions accompanying skilled professionals, reflects an unparalleled commitment to familial unity.

Amidst the various types of SMART Visas, there’s something special called SMART Visa T. This particular option is designed for creative entrepreneurs and stands out like a unique melody. It offers a different way, separate from the usual rules. SMART Visa T provides a way for aspiring entrepreneurs to be in Thailand without needing a lot of money or strict employee rules.

 Investment Promotion Act and its Implications

The tapestry of these streamlined options is woven within the fabric of Thailand’s Investment Promotion Act. Within the confines of Section 24 of this legislation, a provision of profound significance emerges. It casts its protective embrace over anyone—individual or corporate—contemplating investments on Thai soil. This provision propels the eligibility to submit an application while in the throes of seeking or preparing to seek BOI promotion privileges. The response to these applications resonates within the temporal span of 3 to 10 business days. Once the approval resonates, the door opens, paving the way for the acquisition of visas and work permits through the One Start One Stop Investment Center (OSOS) conduit. Housed within the pulsating heart of Bangkok’s Central Business District (CBD) at Chamchuri Square, OSOS stands as a beacon of facilitation for the visionaries of investment.

 BOI Promotion Certificates and their Implications

The issuance of BOI promotion certificates marks a juncture where possibilities unfurl their wings. Entities bearing foreign imprints, yearning to usher personnel into the Thai landscape for business pursuits under the aegis of Section 25 of the Investment Promotion Act, gain access to an online portal—the Single Windows for Visa and Work Permit System. This digital marvel crystallizes their intentions into tangible reality. It serves as a panoramic viewport through which visas and work permits flow harmoniously, an orchestration that eliminates the vexing need for multiple submissions to disparate entities. Thus, the path is paved for the infusion of foreign technicians, experts, and their vital entourage, heralding an era of innovation.

 The Legal Landscape of Labor: Embarking on the Journey of Work Permits

As we segue into the realms of work permits, it is imperative to understand their pivotal role. Work permits are the legal pillars upon which foreigners pursue professional engagement within Thailand. These documents bespeak the nature of the foreigner’s vocation, delineate their position, and lay bare the corporate entity that extends its wings of employment. It serves as an authoritative license, a testament to their roles’ compatibility with the Kingdom’s peripheries.

Engaging with Work Permits

Intrinsically woven amidst the undertaking of toil license procurement is the prerequisite of a non-immigrant B visa. A prudent asset preceding one’s ingress into the Thai sphere, this visa stands as a threshold to instigation. Once this foundational step is accomplished, the mechanism of toil license procurement initiates its elaborate dance. The gears start turning as interactions with the local office of the Ministry of Labor commence, a process that finds consummation within a week’s time. Within this limited timeframe, the coveted toil license is conferred, emblematic of legal engagement within Thailand’s professional realm. Meanwhile, others find the quest more taxing, requiring additional trips to navigate requirements in pursuit of the authorization necessary to financially support themselves within the nation.

Eligibility for Work Permits

The avenues to work permits welcome diverse individuals carrying non-immigrant B or resident visas into the kingdom. Crucial is an employer’s sponsorship, a pivotal player enabling the process. As these disparate pieces coalesce, foreign technicians, experts and their families integrate amid the kingdom’s embrace in a spectrum of personnel. Now the Single Windows system takes center stage, envisioned as a digital marvel merging visa and work permit procedures where innovation stimulates efficiency.

No more are the days of diffuse applications and restless waiting for approvals. Everything streamlines into submitting one application, its ripples resonating digitally to tangible outcomes: a assortment of important visas and work permits readily available. Gone are the challenges of juggling various applications and complicated approval processes. Fundamental to this transformation is heightened efficiency and simplification.

Looking ahead and planning the way forward

Thus, SMART Visas personify Thailand’s desire to create a mutually beneficial relationship between the selected industry and the intellect of foreign professionals. In such a conceptual clasp, facilitated procedures and prolonged benefits shape a border one is allured into to embark on the tech and startup-focused rejuvenation of Thailand. Nevertheless, it is not only desirable but also necessary to venture down this road prepared not only equipped with aspirations but also with the careful consideration. The legislative seclusion of SMART Visa realities connotes a need for a thoughtful guide legally savvy people well-versed in intense Thai red tape.

INTERNATIONAL LAW FIRM