10-16-2006, 05:28 AM
IMMIGRATION / VISA REGULATIONS
Rule changes unlikely to trouble any businesses employing expats
NINA SUEBSUKCHAROEN
The new visa rules that came into effect this month do not appear to have had a material impact on business, according to Paul Ashburn, senior partner of BDO Richfield Advisory Ltd.
The regulations focused mainly on tourist and other temporary visas, have provoked an outcry nonetheless among some people who have lived in Thailand for years under a legal status best described as grey. They have also contributed to a thriving business operated by companies that sell "visa run" travel services.
Whereas previously, many expatriates made frequent trips to neighbouring countries to renew temporary visas, an individual from now on will be restricted to a stay of 90 consecutive days within a six-month period, commencing from the date of first entry into Thailand. There is no limit on the number of times an individual can enter and leave the country during that six-month period.
Mr Ashburn said that citizens of 41 visa-exempt countries may automatically obtain a 30-day stamp in their passports or obtain visas on arrival.
He added that a tourist visa could also be obtained before arrival from the Thai embassy or consulate in one's home country, with a maximum stay of 90 days allowed without having to leave Thailand.
This would be a better option for longer stays, he said, adding that it could be combined with a 30-day visa that could be obtained by making a short trip across the border.
"Tourist visas are meant for people who want to enter Thailand on a temporary basis for tourism. If you want to stay here longer then you should be considering one of the more appropriate visas."
Chinapat Visuttipat, BDO Richfield Advisory's manager, outlined some of the changes to rules for obtaining other types of visas as follows:
Business non-immigrant visa. There is now a requirement that a company wanting to hire an expat worker must have minimum paid-up capital of two million baht. The employer's shareholder equity also has to be at least one million baht and the employer must submit an income statement showing sufficient income to pay salary and benefits to the foreign worker for at least a year.
"For example, if a company registers a big loss this year, next year it might have problems hiring an expat without first improving its financial position, such as by increasing its capital," he said.
As before, the ratio of Thai to foreign workers has to be at least 4:1. An exemption is available for three types of businesses if a 1:1 ratio is maintained. These include: international trade offices; regional operating headquarters; and multinational companies with branches in Thailand.
To ease the transition, the Immigration Bureau has granted a waiver up to Oct 1, 2007 to those who already hold a business visa granted under the old rules.
Normally, these visas are granted for one year at a time and are renewable. In order to obtain this visa the applicant has to obtain an invitation letter from an employer in Thailand.
Work permit. Updated regulations came into effect in 2004 with the key change being that the employer must have minimum paid-up capital of two million baht per expat worker. There are a number of exceptions to these rules, such as: a foreigner doing a job that a Thai cannot do; and a specialist hired for a set period of time.
Investor visa. Prior to the rule change, those interested in investing in Thailand could apply for this visa but would not have to obtain a work permit as they were not employees. Under the new rules, fresh applications for this visa type will not be accepted, but individuals already holding this visa can apply for renewals. This one-year visa requires applicants to show evidence of having brought a minimum of three million baht into the country, as well of evidence of where it has been invested.
Retirement visa. Applicants must be at least 50 years old and are required to show evidence of monthly bank deposits of 65,000 baht or annual income plus bank deposits of 800,000 baht. This one-year visa is renewable. A retirement visa does not allow an individual to work.
Certificate of residence.These are granted to expats from China and India. A quota has been set for each country with a requirement that an applicant must be able to read and speak some Thai.
Elite Card. This is a special privilege club to encourage expats to live legally in Thailand. This fast-track, multiple-entry five-year visa is obtainable by paying the Thai government one million baht. A cardholder is allowed stay in Thailand for life as the visa is renewable. The Elite Card offers privileges including a special immigration channel at the airport, discounts at hotels and golf, spa and health-care privileges. The lifetime privilege is only offered to the initial cardholder with this being reduced to 30 years upon transfer to a second party.
Mr Ashburn said the Elite Card was an interesting alternative for expats who wanted to live in Thailand without having to work.
The government offers a one-stop visa and work-permit service to speed up the approval process. Expats allowed to use this service include: investors, managerial-level executives or specialists; those working for a representative office or regional operating headquarters in Thailand; mass media; those carrying out scientific or technological research or development; those working at foreign bank branches; IT specialists; experts working in companies promoted by the Board of Investment.
Bangkok Post
Rule changes unlikely to trouble any businesses employing expats
NINA SUEBSUKCHAROEN
The new visa rules that came into effect this month do not appear to have had a material impact on business, according to Paul Ashburn, senior partner of BDO Richfield Advisory Ltd.
The regulations focused mainly on tourist and other temporary visas, have provoked an outcry nonetheless among some people who have lived in Thailand for years under a legal status best described as grey. They have also contributed to a thriving business operated by companies that sell "visa run" travel services.
Whereas previously, many expatriates made frequent trips to neighbouring countries to renew temporary visas, an individual from now on will be restricted to a stay of 90 consecutive days within a six-month period, commencing from the date of first entry into Thailand. There is no limit on the number of times an individual can enter and leave the country during that six-month period.
Mr Ashburn said that citizens of 41 visa-exempt countries may automatically obtain a 30-day stamp in their passports or obtain visas on arrival.
He added that a tourist visa could also be obtained before arrival from the Thai embassy or consulate in one's home country, with a maximum stay of 90 days allowed without having to leave Thailand.
This would be a better option for longer stays, he said, adding that it could be combined with a 30-day visa that could be obtained by making a short trip across the border.
"Tourist visas are meant for people who want to enter Thailand on a temporary basis for tourism. If you want to stay here longer then you should be considering one of the more appropriate visas."
Chinapat Visuttipat, BDO Richfield Advisory's manager, outlined some of the changes to rules for obtaining other types of visas as follows:
Business non-immigrant visa. There is now a requirement that a company wanting to hire an expat worker must have minimum paid-up capital of two million baht. The employer's shareholder equity also has to be at least one million baht and the employer must submit an income statement showing sufficient income to pay salary and benefits to the foreign worker for at least a year.
"For example, if a company registers a big loss this year, next year it might have problems hiring an expat without first improving its financial position, such as by increasing its capital," he said.
As before, the ratio of Thai to foreign workers has to be at least 4:1. An exemption is available for three types of businesses if a 1:1 ratio is maintained. These include: international trade offices; regional operating headquarters; and multinational companies with branches in Thailand.
To ease the transition, the Immigration Bureau has granted a waiver up to Oct 1, 2007 to those who already hold a business visa granted under the old rules.
Normally, these visas are granted for one year at a time and are renewable. In order to obtain this visa the applicant has to obtain an invitation letter from an employer in Thailand.
Work permit. Updated regulations came into effect in 2004 with the key change being that the employer must have minimum paid-up capital of two million baht per expat worker. There are a number of exceptions to these rules, such as: a foreigner doing a job that a Thai cannot do; and a specialist hired for a set period of time.
Investor visa. Prior to the rule change, those interested in investing in Thailand could apply for this visa but would not have to obtain a work permit as they were not employees. Under the new rules, fresh applications for this visa type will not be accepted, but individuals already holding this visa can apply for renewals. This one-year visa requires applicants to show evidence of having brought a minimum of three million baht into the country, as well of evidence of where it has been invested.
Retirement visa. Applicants must be at least 50 years old and are required to show evidence of monthly bank deposits of 65,000 baht or annual income plus bank deposits of 800,000 baht. This one-year visa is renewable. A retirement visa does not allow an individual to work.
Certificate of residence.These are granted to expats from China and India. A quota has been set for each country with a requirement that an applicant must be able to read and speak some Thai.
Elite Card. This is a special privilege club to encourage expats to live legally in Thailand. This fast-track, multiple-entry five-year visa is obtainable by paying the Thai government one million baht. A cardholder is allowed stay in Thailand for life as the visa is renewable. The Elite Card offers privileges including a special immigration channel at the airport, discounts at hotels and golf, spa and health-care privileges. The lifetime privilege is only offered to the initial cardholder with this being reduced to 30 years upon transfer to a second party.
Mr Ashburn said the Elite Card was an interesting alternative for expats who wanted to live in Thailand without having to work.
The government offers a one-stop visa and work-permit service to speed up the approval process. Expats allowed to use this service include: investors, managerial-level executives or specialists; those working for a representative office or regional operating headquarters in Thailand; mass media; those carrying out scientific or technological research or development; those working at foreign bank branches; IT specialists; experts working in companies promoted by the Board of Investment.
Bangkok Post