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Thailand’s new visa rules of 2025: changes from the BOI
Thailand has recently rolled out new visa regulations for foreign start-ups and entrepreneurs through Announcement Nos. 5/2568 and Por. 6/2568, issued by the Board of Investment (BOI) on 18 February 2025. These reforms replace the previous legal framework (Announcements No. Por. 12/2561 and Por. 13/2561) with a revamped Smart Visa system—one that comes with stricter legal criteria and a more defined scope of eligibility.
The changes, enacted under Section 13 of the Investment Promotion Act B.E. 2520 (1977), are designed to ensure that immigration privileges align closely with Thailand’s economic development objectives. These new rules grant residence and work authorizations exclusively to foreign entrepreneurs whose businesses directly foster innovation in industries targeted by the BOI.
What does this mean for you? Only entrepreneurs who have already set up a business in Thailand and obtained official certification from a competent Thai agency can now qualify for the Smart Visa. Meanwhile, the Long-Term Resident (LTR) Visa, governed by separate BOI regulations (Nos. Por. 3/2568 and Por. 4/2568), continues to serve high-net-worth individuals, retirees, professionals, and remote workers.
In essence, these reforms create a clear division in eligibility based on both applicant profile and economic impact. If you’re considering starting a business in Thailand, read on to discover how these changes may affect your plans.
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Table of Contents
Thailand’s renewed Smart Visa rules for 2025
Eligibility requirements
The eligibility for Smart Visa is restricted to foreign startup entrepreneurs who have completed the following requirements in accordance with BOI Announcement No. Por. 5/2568:
- The applicant must have already established a company in Thailand that operates within a targeted industry as defined by the BOI under Announcement No. Por. 5/2566. The company must have received official startup certification from a competent Thai authority, such as the National Innovation Agency (NIA), the Digital Economy Promotion Agency (DEPA), or another agency designated by Thai law.
- The applicant must hold at least 25% of the company’s registered capital or serve as a director. Additionally, the applicant must prove financial sufficiency by maintaining a personal bank account with a minimum balance of 600,000 Baht (or the equivalent in foreign currency) in Thailand or their home country for at least three months prior to applying. If dependents are included in the application, the applicant must also maintain an additional 180,000 Baht per dependent under the same conditions.
- The applicant must have valid health insurance that covers the entire stay in Thailand, including the spouse and legitimate children. The applicant and any dependents must not be listed under the prohibited persons in the Immigration Act.
These updated requirements represent a significant change from the previous regime, which allowed businesses still in planning stages to apply. Now, only those with certified, operational businesses in Thailand are eligible to apply under the Thailand new visa rules 2025.
Application and endorsement process
The qualification endorsement process follows Announcement No. Por. 6/2568, which centralizes authority and sets strict deadlines for all involved government agencies.
Applicants must submit their qualification endorsement application at the One Stop Service Center for Visa and Work Permit (OSS), the Royal Thai Embassy or Consulate-General, or any agency designated by the Royal Thai Government. Once the receiving office receives the application, it will forward the complete file to the OSS.
Within three working days from the date of receipt, the OSS is legally required to forward the application to the following competent authorities:
- The NIA or DEPA for industry certification;
- The Ministry of Foreign Affairs for criminal background verification;
- The Immigration Bureau to check for any prohibited status;
- The Department of Employment to verify that the applicant’s professional activity does not fall under restricted occupations.
Each agency must return its findings to the OSS within 20 working days. After receiving all responses, the OSS has seven additional working days to issue a final decision.
If the applicant fails to meet the requirements, the OSS will deny the qualification. If the criteria are met, the OSS will issue a qualification endorsement letter valid for 60 days. After that, the applicant must apply for the Smart Visa through the OSS, Royal Thai Embassy/Consulate, or Eastern Economic Corridor (EEC) Labour Administration Centre. The total processing time will not exceed 30 working days from the receipt of the complete application under the Thailand new visa rules in 2025.
Legal rights and obligations
When granted, the Smart Visa allows the holder to stay temporarily in Thailand for up to 2 years, as determined by the immigration authority. The holder is exempt from obtaining a work permit under the Royal Decree on Work Management of Foreigners B.E. 2560 (2017), as long as the professional activity aligns with the certified scope and does not involve restricted professions under Thai labor law.
The holder may bring lawful dependents, including a spouse and legitimate children. The spouse can work legally in Thailand, as long as the employment remains within the scope granted to the Smart Visa holder.
Smart Visa holders must submit an annual status report to the Office of the Board of Investment, including updated personal and professional information. To renew the visa, applications must be submitted at least 60 days before the current visa expires.
If the visa holder or dependents decide to relinquish their right to stay under the Smart Visa, they must submit a written statement to the OSS. The OSS will then notify the relevant authorities about the revocation of status.
These legal obligations serve to ensure regulatory transparency, compliance with immigration and investment laws, and continuous evaluation of the economic contribution made by the visa holder.
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Thailand’s alternative visa options : other rules to know in 2025
Thailand’s 2025 visa rules have introduced a strict immigration policy. The Smart Visa now focuses solely on entrepreneurs who have proven their economic contribution in Thailand.
Applicants must ensure their submissions are complete and accurate. All documents must be current and authenticated, and financial sufficiency must be proven with verifiable bank records. Health insurance must meet local legal requirements. Failure to meet these standards may lead to visa refusal or revocation.
If entrepreneurs cannot meet these requirements, they must explore other immigration options. The LTR Visa, governed by BOI Announcements No. 3/2568 and Por. 4/2568, grants a ten-year residence permit to high-net-worth individuals, skilled professionals, retirees, and remote workers. It is subject to different conditions, focusing on wealth or employer endorsement. The Non-Immigrant B visa offers another option for employment-based entry, but it does not grant the same privileges as the Smart Visa.
Thus, Thailand’s 2025 visa framework establishes two distinct legal pathways: one aimed at foreign entrepreneurs actively engaged in certified innovation sectors, and the other at high-value or high-skill individuals seeking long-term residence under a broader range of circumstances.
Conclusion
The Smart Visa system implemented by BOI Announcements No. 5/2568 and No. Por. 6/2568 marks a clear legal turning point in the immigration and investment policy in Thailand. By restricting eligibility to only those displaying and requiring certification of startup activity, the Thai government is rigidifying its immigration rules.
In addition to the Smart Visa providing eligible applicants with legally assured benefits such as work permit exemption and the ability for family members to live and work in the Kingdom, this visa allows for a stay of up to 2 years.
Potential applicants may wish to seek legal advice concerning their eligibility to secure their provisional application and the relevant procedure under the new BOI measures. For those who are eligible, the Smart Visa is a clear and straightforward legal avenue to live and invest in the country.
If you need further information, you may schedule an appointment with one of our lawyers.
FAQ
Foreign operators that have established a startup company in Thailand in a targeted industry of the BOI and are certified by a competent Thai organization are eligible (NIA, DEPA etc.). They must own at least 25 percent of the shares or be a director, provide evidence of adequate funds and have valid health insurance.
No. The 2025 rules apply only to fully incorporated and accredited companies. Such a visa is no longer open to planned or future businesses.
Applications are submitted at the OSS Center, Thai embassies or EEC Labor Center. Processing takes no more than 30 working days from the date that the complete application is received.
Yes. For the applicant who operates in the scope of the certified business, the Smart Visa offers a 100% waiver on the work permit required by Thai labor law.
Yes. Spouse and children can live in Thailand with the Smart Visa Holder.
You still have other visa options. Notably, the LTR Visa is available for wealthy individuals, professionals and remote workers, and the Non-Immigrant B Visa is still available for general work, with the requirement of a work permit.
Smart visa holders are required to produce an annual report of their status, to remain financially stable and covered by an insurance, and to keep up with the law in general. Hence why seeking legal guidance is essential.