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Non-immigrant B visa in Thailand: understanding the requirements for working or starting a business
Thailand, a thriving economic hub in Southeast Asia, attracts professionals, entrepreneurs, and business leaders with its dynamic economy, favorable tax regime, high quality of life, and openness to foreign investment. These factors make it a prime destination for those seeking to work or invest, driving thousands to apply for the Non-Immigrant B Visa to engage in business and professional activities.
However, before you can legally work in Thailand, it is crucial to choose the right visa. The Non-Immigrant B visa is the standard option for foreigners looking to work or run a company in the country. It’s governed by key Thai laws, 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. This visa ensures foreign activities are regulated while enabling the transfer of international skills.
Securing a job offer or setting up a local legal structure does not guarantee a visa approval. The process is subject to complex requirements, including local labor quotas, minimum capital, academic qualifications, and strict administrative procedures.
Navigating this can be overwhelming, especially with the latest 2024 tax reforms that broadened the tax obligations for foreign workers and employers alike.
At Benoit & Partners, we provide expert assistance in navigating the visa process in Thailand. Whether you’re applying for a visa, seeking extensions, or handling appeals, our team is here to guide you through every step. We specialize in advising on the best visa options for your specific situation, ensuring that all supporting documents are in order, and helping you understand the reasons behind acceptance or refusal. Let us take the complexity out of the visa process, so you can focus on your goals in Thailand.
This article clarifies the conditions for obtaining a Non-Immigrant B visa, the administrative steps, tax obligations, common mistakes to avoid, and the practical implications for employers and visa holders. It also provides essential details to help foreign workers and companies navigate the process smoothly.
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Table of Contents
Overview of the Non-Immigrant B visa in Thailand
The Non-Immigrant B visa Thailand is typically issued for an initial 90-day period. Once in Thailand, and after obtaining a work permit, holders can extend the visa for one year. This extension is renewable annually, as long as the holder meets the requirements set by immigration authorities and the Ministry of Labour.
This visa is the primary option for foreigners who want to work or establish a business in Thailand. It allows them to live in the Kingdom and take on salaried or high-responsibility positions, provided they secure 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 Thailand does not allow free movement between employers. If you change companies, you must apply for a new visa and work permit. This will cancel the current visa and may require the foreign national to leave Thailand to restart the process from abroad. If the contract is terminated, the visa holder has a very short 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:
- The local employer must be 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 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 (as per ministerial decree). The offered position must not be on this list. Additionally, the company must justify why hiring a foreigner is necessary in relation to local skill availability.
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 want 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, you may need a special business licence (Foreign Business Licence – FBL) for activities reserved for foreigners. You must submit the application 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 Thailand does not grant the right to work legally in Thailand.
Only after obtaining a work permit from the Thai Ministry of Labour can the visa holder begin working. The link between the visa and the work permit is crucial; neither can exist without the other.
The process for obtaining a Non-Immigrant B visa Thailand varies depending on the country where the application is submitted. However, it generally follows a two-step process: first, the visa application, followed by the 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 Thailand must meet certain tax obligations. If you stay in Thailand for more than 180 days per year, you become a tax resident. As a tax resident, your income earned in Thailand will be taxed at a progressive rate, ranging from 5% to 35%.
You must file an annual tax return using the appropriate form (e.g., PND 90) after obtaining a tax identification number. Unless a bilateral agreement states otherwise, foreign income transferred during the year is also taxable.
Employers are required to pay withholding tax and, where applicable, VAT. Failing to comply with these 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. Please feel free to contact us.
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.