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Non-immigrant B visa in Thailand: understanding the requirements for working or starting a business
Thailand, a major economic hub in Southeast Asia, attracts thousands of international professionals, entrepreneurs, consultants, and business leaders every year thanks to its dynamic economy, favourable tax regime, pleasant living environment, and growing openness to foreign investment — all key reasons why many apply for a Non Immigrant B visa Thailand to work or invest legally in the country.
However, before you can legally work in Thailand, it is essential to choose the right visa. Among the various types of visas available, the Non-Immigrant B visa is the visa that allows foreigners to work in Thailand or run a company there. It is the standard and regulated route for engaging in salaried or commercial activities in the country.
It is governed by several key pieces of Thai law, including the Foreign Business Act B.E. 2542 of 1999, the Labour Protection Act B.E. 2541 of 1998 and the Immigration Act B.E. 2522 of 1979. The Non-Immigrant B visa in Thailand is designed to strictly control foreign activities while allowing the transfer of international skills.
Securing a job offer or setting up a local legal structure does not guarantee that you will be granted this visa. Obtaining it is subject to a series of complex requirements, including local labour quotas, minimum share capital, academic qualifications and rigorous administrative procedures.
This visa in Thailand also imposes specific tax obligations, the scope of which has been broadened by the latest tax reforms that came into force at the beginning of 2024.
This article aims to clarify the conditions for obtaining a Non-Immigrant B visa in Thailand, the associated administrative procedures, tax obligations, mistakes to avoid, and the practical implications for employers and visa holders. It also provides details on the procedure to help foreign workers and companies navigate the process seamlessly.
Table of Contents
Overview of the Non-Immigrant B visa in Thailand
The Non-Immigrant B visa is generally issued for an initial period of 90 days. After arriving in Thailand and obtaining a work permit, it can be extended for a renewable period of one year, subject to compliance with the conditions imposed by the immigration authorities and the Ministry of Labour.
This visa is the main route for foreigners wishing to work or develop an economic activity in the country. It allows them to settle in the Kingdom while engaging in salaried or high-responsibility positions, provided they obtain a separate work permit.
The categories concerned are:
- Locally hired employees.
- Expatriates in management or high responsibility positions.
- Entrepreneurs or investors setting up a company in Thailand.
The legal basis for this visa is the Immigration Act (Immigration Act B.E. 2522), supplemented by the rules of the Foreign Business Act, particularly in cases of foreign control of a company.
The Non-Immigrant B visa in Thailand does not allow you to change employers freely. A change of company would require a new visa and work permit application, cancelling the current visa and possibly requiring the foreign national to leave the country in order to restart the process from abroad. In the event of contract termination, the holder has only a very short period of time to regularize their situation.
What are the eligibility requirements for a Non-Immigrant B visa in Thailand ?
It is important to note that the Non-Immigrant B visa in Thailand does not apply to self-employed workers or freelance workers without a company registered in Thailand that can sponsor them. Professionals working online for international clients should look into other types of visas, such as the DTV, depending on their profile.
If you are employed by a Thai company
Obtaining a Non-Immigrant B visa in Thailand requires:
- That the local employer is registered and in good standing with the DBD (Department of Business Development);
- Compliance with the quota requirement: at least four Thai employees for each foreign worker;
- A salary in line with the minimum wage set by the immigration authorities: generally at least THB 50,000 per month for European nationals;
- Proof of an employment contract, diplomas or experience;
- Obtain a Letter of Approval issued by the Ministry of Labour (a WP32);
Certain job positions are reserved for Thai nationals (professions prohibited to foreigners by ministerial decree). The position offered must not appear on this list. The company must also justify the relevance of recruiting a foreigner in relation to local skills.
If you are an entrepreneur or investor
If you are setting up your own company in Thailand, you will need to:
- Set up a Thai limited company (Thai Limited Company);
- Provide a minimum share capital of 2 million baht if you wish to sponsor a work visa in Thailand;
- Comply with the requirements of the Foreign Business Act;
- Generate at least four local jobs for each Non-Immigrant B visa application;
- Provide a business plan, proof of business address, and financial statements if the company already exists.
In some cases, a special business licence (Foreign Business Licence – FBL) may be required for activities reserved for foreigners. The application must then be submitted to the Ministry of Commerce for approval.
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What are the administrative procedures to obtain a Non-Immigrant B visa in Thailand ?
It is essential to understand that the Non-Immigrant B visa itself does not yet allow you to work legally in Thailand.
Only after obtaining a work permit issued by the Thai Ministry of Labour is the visa holder authorised to actually perform their duties. The link between the visa and the work permit is therefore fundamental, and one cannot exist without the other.
The procedures for obtaining a Non-Immigrant B visa in Thailand vary depending on the country in which the application is submitted, but they generally follow a two-step process: visa application, then work permit application.
Here are the detailed steps:
- Prior application for approval from the Ministry of Labour for the employment of a foreigner
- Submit the visa application to the Thai consulate or embassy via the E-Visa website. This application must include the following documents:
- Passport page showing personal details (the passport must be valid for at least 6 months from the date of departure)
- Official colour passport photo taken within the last 6 months
- Proof of address dated within the last 3 months for European passports (electricity, mobile phone or internet bill) and residence permit if you are not a European citizen
- Financial proof (e.g. official bank statement/bank certificate/payslip) showing a minimum amount of £1,000 over the last 3 months
- WP32 (letter of approval issued by the Ministry of Labour) or work permit (valid work permit)
- Entry into Thailand with the visa;
- Issuance of the work permit within 15 days of arrival;
- Declaration of address every 90 days to the immigration authorities;
- Annual renewal of visa and work permit. Although the procedure is generally routine, the slightest deviation from the initial conditions could jeopardise the right to continue to legally carry out one’s activity on Thai soil.
What are the applicable taxes for holders of a Non-Immigrant B visa?
Holders of a Non-Immigrant B visa in Thailand are subject to certain tax obligations. If your stay exceeds 180 days per year, you are considered a tax resident, and your income earned in Thailand is taxed at a progressive rate ranging from 5% to 35%.
An annual tax return must be filed using the appropriate form (PND 90, for example) after obtaining a tax identification number. Unless otherwise provided by bilateral agreements, even foreign income transferred during the year is subject to tax.
Employers must also pay withholding tax and, where applicable, VAT. Failure to comply with these legal obligations may result in heavy penalties.
What are the pitfalls to avoid while applying for a Non-Immigrant B visa in Thailand ?
The most common mistakes to avoid
The Non-Immigrant B visa in Thailand is strictly monitored by the authorities. Key pitfalls to avoid include working illegally without a valid work permit, failing to comply with local employment quotas, and failing to renew permits on time. Constant vigilance is required to avoid breaking the law.
During checks by the Immigration Office or the Ministry of Labour, the slightest irregularity can lead to administrative penalties such as fines, visa cancellation or a temporary ban on staying in the country.
Seek specialist lawyer’s advice to secure your expatriation project
The main pitfall that expatriates often fall into is underestimating the complexity of the procedures for obtaining a Non-Immigrant B visa in Thailand. However, this type of visa involves specific legal and administrative requirements for both the applicant and the sponsoring company. From the legal structure to be adopted to local employment quotas, every detail is important and can lead to visa refusal or prosecution in the event of an error.
Hiring a lawyer specialising in immigration and business law in Thailand will ensure that every step of the process is handled correctly: legal structuring, eligibility checks, translation and certification of documents, interactions with the relevant authorities (immigration, Ministry of Labour, tax authorities), and post-issuance follow-up (renewal, declarations, tax compliance). Benoit & Partners offers tailor-made support adapted to each individual’s profile and expatriation strategy.
Surrounding yourself with professionals allows you to avoid unnecessary procedures, delays, declaration errors and, above all, visa refusals that could compromise your entire professional project.
The LTR visa: an alternative for highly qualified professionals
The LTR (Long-Term Resident) visa in Thailand is an attractive option for highly qualified international candidates.
Valid for 10 years and renewable, this permit is intended for experts working in strategic fields defined by the Thai government, who earn more than USD 80,000 per year or USD 40,000 accompanied by an advanced degree or patent. It offers a limited tax rate of 17% and exemption from local employment standards. In addition, the associated work permit procedure is simplified.
Governed by notification SorNor. 2/2565 of the Thai Board of Investment (BOI), the LTR visa is suitable for executives, specialist consultants and other qualified professionals. Holders are only required to submit an annual report instead of 90 days reports and may bring their families with them in certain cases. It facilitates the opening of bank accounts, the rental of property and the obtaining of a driving licence.
However, it should be noted that obtaining this visa is much more demanding.
Conclusion
The Non-Immigrant B visa in Thailand remains the best professional permit for working or managing a business in Thailand. However, applying for it requires a thorough understanding of local commercial and tax legislation, as well as complex administrative procedures.
For highly qualified individuals or strategic activities, the LTR visa is an attractive fallback option, although it is restricted to a more elite category.
Using a specialist firm such as Benoit & Partners, which has expertise in business and immigration law, is the best guarantee of success and legal peace of mind when applying for a work permit in Thailand.
FAQ
Even if the visa and work permit have been issued, the authorities may refuse renewal if the company does not maintain the legal criteria. It is essential to monitor the company’s situation, particularly if it is experiencing financial difficulties or changes in its shareholding structure.
In principle, a change of visa category requires leaving the country to submit a new application at an embassy or consulate abroad. However, in certain specific cases (particularly if the applicant meets the conditions for an LTR visa), a request to change visa type may be submitted to the local immigration authorities, but this is subject to approval on a case-by-case basis.
No. The company registration certificate (Company Affidavit) is mandatory. You must also have sufficient paid-up capital, a business address and have planned to hire local staff. Until the legal entity is fully operational, no B visa applications will be accepted.
For short-term professional assignments, a Non-Immigrant B visa in Thailand is generally required. However, there are some exceptions: for business meetings or a one-off assignment without paid work (no local remuneration), a temporary 90-day Non-Immigrant B visa may be issued without a work permit, provided that an explicit invitation letter is provided. It is crucial to plan ahead and check with the relevant embassy.
Yes, provided that the company meets the regulatory criteria: sufficient share capital, a quota of four Thai employees per foreigner, and proof of the necessity of your active presence. You will need to provide a formal employment contract, even as a director or shareholder, and comply with personal tax obligations.