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Thailand’s new visa rules of 2025: changes from the BOI
Thailand’s new visa rules of 2025 for foreign start-ups and entrepreneurs have recently been implemented by Announcement No. 5/2568 and No. Por. 6/2568 of the Board of Investment (BOI) issued on 18 February 2025. These measures repeal the prior legal framework established under Announcements No. Por. 12/2561 and Por. 13/2561, and replace it with a revised Smart Visa regime characterized by more stringent legal thresholds and narrowed eligibility.
These amendments are issued under the authority of Section 13 of the Investment Promotion Act B.E. 2520 (1977). Their objective is to ensure alignment between immigration privileges and the Kingdom’s economic development goals by granting residence and work authorization only to foreign nationals whose established entrepreneurial activities contribute directly to innovation within BOI-targeted industries.
The new legal framework restricts Smart Visa eligibility to startup entrepreneurs who have already incorporated a business within Thailand, with official certification issued by a competent Thai agency. By contrast, the Long-Term Resident (LTR) Visa, governed under separate BOI Announcements No. Por. 3/2568 and Por. 4/2568, remains applicable to high-net-worth individuals, retirees, professionals, and remote workers. These reforms create a formal bifurcation of eligibility based on applicant profile and economic contribution.
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 within the territory of Thailand, which operates in a targeted industry as defined by the BOI under Announcement No. Por. 5/2566. This company must have received formal startup certification from a competent Thai authority, namely the National Innovation Agency (NIA), the Digital Economy Promotion Agency (DEPA), or any other agency designated under Thai law.
- The applicant must either hold a minimum of 25% of the registered capital of the company or serve as a director thereof. In addition, the applicant must demonstrate financial sufficiency by maintaining a personal bank account in Thailand or in their country of nationality or residence, reflecting a minimum balance of 600,000 Baht or its foreign currency equivalent. This balance must have been maintained for no less than three months preceding the date of application. Where dependents are included in the application, an additional 180,000 Baht per person must be held under the same terms.
- Valid health insurance coverage is mandatory for the entire period of residence in the Kingdom, and said coverage must extend to the principal applicant, lawful spouse, and legitimate children. The applicant and accompanying dependents must not fall within the categories of prohibited persons under the Immigration Act.
These requirements confirm a material departure from the earlier regime, where planned businesses were eligible. Under the current regime, only those with pre-existing, certified commercial activity within Thailand are legally eligible to apply.
Application and endorsement process
The qualification endorsement process is governed by Announcement No. Por. 6/2568, which centralizes authority and imposes strict procedural deadlines on all competent government agencies involved.
Applicants should submit an application for endorsement of their qualifications at One Stop Service Center for Visa and Work Permit (OSS), Royal Thai Embassy or Royal Thai Consulate-General, or other agencies as specifically mandated by the Royal Thai Government. The receiving office shall forward the complete application file to the OSS once received.
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 from the date of receipt. Upon receipt of all such responses, the OSS is required to issue a final determination within seven 7 additional working days.
If the applicant does not meet the legal requirements, the OSS shall issue a formal denial of qualification. If the criteria are met, the OSS shall issue a written qualification endorsement letter valid for 60 days. After that, the applicant will need to apply for the Smart Visa itself via the OSS, Royal Thai Embassy/Consulate, or Eastern Economic Corridor (EEC) Labour Administration Centre. The sum of all processing times shall not exceed 30 working days from the date of the receipt of the complete application.
Legal rights and obligations
When granted, the Smart Visa allows the holder to stay temporarily in Thailand for a maximum period of 2 years, as prescribed by the immigration commissioning authority. The Smart Visa holder is exempted from the requirement to obtain a work permit under the Royal Decree on Work Management of Foreigners B.E. 2560 (2017), provided that the professional activity is within the scope previously certified and does not fall within any restricted professions under Thai labor law.
The holder may be accompanied by lawful dependents, including spouse and legitimate children. The spouse may engage in lawful employment in Thailand, provided that such employment does not exceed the scope of employment granted to the principal Smart Visa holder.
Smart Visa holders are under a continuing obligation to submit an annual status report to the Office of the Board of Investment, which shall include updated personal and professional information. Applications for renewal of residence must be submitted no less than 60 days prior to the expiry of the current visa.
Where the visa holder or any of it dependents intend to abandon the right to stay granted under this Smart Visa, they shall prepare a written statement to be filed with the OSS. The OSS will then initiate the notification of all appropriate U.S. offices of 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
The changes to legislation brought in with Thailand’s 2025 visa rules have established a strict immigration policy. The Smart Visa has now become a consolidated system that caters only to entrepreneurs with a proven economic contribution in the Kingdom.
Applicants are legally obligated to ensure the completeness and veracity of all submissions. Documentary evidence must be current and authenticated. Financial sufficiency must be provable via verifiable bank records. Health insurance must be legally valid and compliant with local insurance requirements. Any failure to meet these standards may result in refusal or subsequent revocation of visa privileges.
If entrepreneurs cannot fulfil the aforementioned legal requirements, they must seek other immigration routes. The LTR Visa, as regulated by BOI Announcements No. 3/2568 and Por. 4/2568, provides a ten-year residence permit for qualifying high-net-worth individuals, skilled professionals, retirees, and remote workers. It is subject to separate legal conditions, with an emphasis on individual wealth or employer endorsement. The Non-Immigrant B visa remains another option for those pursuing employment-based entry, though it does not confer the privileges granted under 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.
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.