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IMPACT – HIGH
The government has banned entry to most foreign nationals and extended the validity of some visas amid the ongoing COVID-19 pandemic.
Key Points:
Background: Thailand banned international passenger flights effective April 6 and then extended the ban until April 30.
Analysis & Comments: The response to the COVID-19 pandemic continues to develop, and Deloitte will provide additional updates as information becomes available. Please check Deloitte’s COVID-19 Digital Map, available here, for information on travel restrictions and immigration changes in other countries.
Rest of World Source: Deloitte. Deloitte refers to one or more of Deloitte Touche Tohmatsu Limited (“DTTL”), its global network of member firms, and their related entities. DTTL (also referred to as “Deloitte Global”) and each of its member firms are legally separate and independent entities. DTTL does not provide services to clients. Please see www.deloitte.com/about to learn more. Deloitte Legal means the legal practices of Deloitte Touche Tohmatsu Limited member firms or their affiliates that provide legal services. For legal, regulatory and other reasons, not all member firms provide legal services. This includes Deloitte Tax LLP in the United States which does not provide legal and/or immigration advice or services. This communication contains general information only, and none of Deloitte Touche Tohmatsu Limited, its member firms or their related entities (collectively, the “Deloitte network”) is, by means of this communication, rendering professional advice or services. Before making any decision or taking any action that may affect your finances or your business, you should consult a qualified professional adviser. No entity in the Deloitte network shall be responsible for any loss whatsoever sustained by any person who relies on this communication.
IMPACT – HIGH Thailand has extended the temporary ban on inbound international flights to mitigate the spread of COVID-19.
Key points:
Analysis & Comments. The response to COVID-19 continues to develop, and Deloitte will provide additional updates as information becomes available. Please check Deloitte’s COVID-19 Digital Map, available here, for information on travel restrictions and immigration changes in other countries.
Rest of World Source: Deloitte. Deloitte refers to one or more of Deloitte Touche Tohmatsu Limited (“DTTL”), its global network of member firms, and their related entities. DTTL (also referred to as “Deloitte Global”) and each of its member firms are legally separate and independent entities. DTTL does not provide services to clients. Please see www.deloitte.com/about to learn more. Deloitte Legal means the legal practices of Deloitte Touche Tohmatsu Limited member firms or their affiliates that provide legal services. For legal, regulatory and other reasons, not all member firms provide legal services. This includes Deloitte Tax LLP in the United States which does not provide legal and/or immigration advice or services. This communication contains general information only, and none of Deloitte Touche Tohmatsu Limited, its member firms or their related entities (collectively, the “Deloitte network”) is, by means of this communication, rendering professional advice or services. Before making any decision or taking any action that may affect your finances or your business, you should consult a qualified professional adviser. No entity in the Deloitte network shall be responsible for any loss whatsoever sustained by any person who relies on this communication. © 2020. For information, contact Deloitte Touche Tohmatsu Limited.
IMPACT – HIGH The Thailand government recently implemented a ban on international flights to mitigate the spread of COVID-19.
Analysis & Comments: The response to COVID-19 continues to develop, and Deloitte will provide additional updates as information becomes available. Please check Deloitte’s COVID-19 Digital Map, available here, for information on travel restrictions and immigration changes in other countries.
What is the change? The Ministry of Labor’s Foreign Workers Administration Office in Bangkok (MOL) closed the services to the general public last month. The MOL will finalize all pending work permit applications, but is no longer accepting new ones.
What does the change mean? Companies (1) with a registered address in Bangkok, (2) with either paid-up capital, or current company assets of less than 30 million baht or (3) with either paid-up capital or current company assets of more than 30 million baht that are applying for work permits for positions below the manager level must now submit all work permit-related applications and notifications to their local Labor Office.
Background: Eligible companies as described above had been able to submit work permit applications (including renewals and amendments) and cancelations to the MOL. The local Labor Offices has now taken over work permit-related duties.
Analysis and Comments: Employers should anticipate that processing time lines and document requirements may vary, depending on the individual local Labor Office. It should be noted that other Department of Employment offices under the Ministry of Labor will continue to operate. This change will not affect companies with a registered address in Bangkok and either paid-up capital or current company assets of more than 30 million baht that are applying for positions at or above the manager level. This is because these companies are eligible to use the expedited process at the One Stop Service Center (OSSC). It will also not affect applicants under OSSC-eligible companies that hold manager-level positions or above.
Source: Deloitte. Deloitte refers to one or more of Deloitte Touche Tohmatsu Limited (“DTTL”), its global network of member firms, and their related entities. DTTL (also referred to as “Deloitte Global”) and each of its member firms are legally separate and independent entities. DTTL does not provide services to clients. Please see www.deloitte.com/about to learn more. Deloitte Legal means the legal practices of Deloitte Touche Tohmatsu Limited member firms or their affiliates that provide legal services. For legal, regulatory and other reasons, not all member firms provide legal services. This communication contains general information only, and none of Deloitte Touche Tohmatsu Limited, its member firms or their related entities (collectively, the “Deloitte network”) is, by means of this communication, rendering professional advice or services. Before making any decision or taking any action that may affect your finances or your business, you should consult a qualified professional adviser. No entity in the Deloitte network shall be responsible for any loss whatsoever sustained by any person who relies on this communication. © 2020. For information, contact Deloitte Touche Tohmatsu Limited.
What is the change? The Immigration Office at the One Stop Service Center (OSSC) and Immigration Bureau at Chaengwattana has announced new requirements for visa applicants.
What does the change mean? Employers submitting initial visa extension and visa renewal applications must submit original receipts from the relevant authorities, confirming that they have requested all supporting documents, paid all government fees and that the documents have been officially certified.
Background: Previously, original receipts showing payment of government fees were required to certify a company’s monthly salary withholding tax return (P.N.D.1). The change requires that companies submit the original receipts showing payment of government fees for certification of all the following supporting tax documents. Upon completion of the visa extension process, the immigration officers will return the original receipts to the company. The following documents require an original receipt:
Analysis and Comments: Immigration authorities are requiring these original receipts of government fees to verify that the relevant authorities issued the certified documents. The rule does not impact companies that are filing visa applications under Board of Investment (BOI) or the Industrial Estate Authority of Thailand (IEAT) or the Department of Minerals and Fuels (DMF).
Source: Deloitte. Deloitte refers to one or more of Deloitte Touche Tohmatsu Limited (“DTTL”), its global network of member firms, and their related entities. DTTL (also referred to as “Deloitte Global”) and each of its member firms are legally separate and independent entities. DTTL does not provide services to clients. Please see www.deloitte.com/about to learn more. Deloitte Legal means the legal practices of Deloitte Touche Tohmatsu Limited member firms or their affiliates that provide legal services. For legal, regulatory and other reasons, not all member firms provide legal services. This communication contains general information only, and none of Deloitte Touche Tohmatsu Limited, its member firms or their related entities (collectively, the “Deloitte network”) is, by means of this communication, rendering professional advice or services. Before making any decision or taking any action that may affect your finances or your business, you should consult a qualified professional adviser. No entity in the Deloitte network shall be responsible for any loss whatsoever sustained by any person who relies on this communication. © 2019. For information, contact Deloitte Touche Tohmatsu Limited.
What is the change? Thai officials no longer require medical certificates from work permit applicants for companies under the Board of Investment (BOI), Industrial Estate Authority of Thailand (IEAT) or Department of Mineral Fuels (DMF).
Background: In August, Thailand began requiring work permit applicants under BOI, IEAT or DMF to submit a medical certificate to support their work permit applications. Previously, these applicants were exempt from this requirement. The Employment Department has reversed this policy again and will no longer require the medical certificate for work permit applications for companies under BOI, IEAT or DMF.
Analysis & Comments: The change will ease the application process for companies under BOI, IEAT or DMF. All other applicants will still be required to obtain and provide medical certificates when applying for new work permits and work permit renewals.
IMPACT – MEDIUM
What is the change? Immigration authorities are requesting police clearance certificates from visa applicants from 47 African countries.
What does the change mean? Affected applicants must obtain police clearance certificates in order to have their applications processed. The requirement applies to applications filed at the Immigration Bureau, the One-Stop Service Center and provincial immigration offices; it does not apply to companies under the Board of Investments, the Industrial Estate Authority of Thailand, or the Department of Minerals and Fuels. Obtaining a police clearance certificate takes approximately 10 to 15 business days.
Additional information: Those who require a police clearance certificate must make an in-person appearance at the Royal Thai Police headquarters in Bangkok.
The countries whose nationals are affected by the new requirement are:
Countries Affected
Analysis & Comments: The change will add an additional step to the visa application process for nationals of most African countries. Employers and employees should note that the process of obtaining the police clearance takes between 10 and 15 business days; employers may need to adjust timelines, and employees should manage their travel plans accordingly.
MPACT – MEDIUM
What is the change? Provincial immigration offices are now enforcing additional requirements for the TM30 receipt (the Notification Form for House-Master, Owner or the Possessor of the Residence Where Alien Has Stayed), which is attached to visa extension applications and 90-day reports.
What does the change mean? Applicants must now submit an official receipt for the TM30 form prior to submitting visa extensions and 90-day reports to the Immigration Bureau at Chaengwattana in Bangkok and provincial immigration offices. Officers will reject applications if the TM30 has not been filed and no receipt is attached. Fines may also be imposed.
Background: Previously, the change was only enforced by the Immigration Bureau at Chaengwattana in Bangkok and some provincial immigration offices.
Analysis & Comments: Employers and all expatriate employees should take into account the change and ensure that the expatriates’ landlord or house-master has completed all TM30 forms prior to submitting visa extension and 90-day report applications to the Immigration Bureau at Chaengwattana in Bangkok or provincial immigration offices.
What is the change? Pre-Work Permit Approval (WP3) applications can now be submitted through One-Stop Service Centers (OSSC) and processed within one working day.
What does the change mean? The sponsoring company must meet the following requirements in order to file WP3 applications with the OSSC:
Background: The Pre-Work Permit Approval Letter (WP3) is required for issuance of Non-Immigrant B visas at the Royal Thai Consulate/Embassy in certain countries.
Previously, the OSSC did not accept WP3 applications, and sponsoring companies had to file WP3 applications through the Employment Department, Ministry of Labour (MOL), which took four working days including the submission date to approve. The work permit issuance process also took an additional four working days including the submission date before the foreign employee could obtain the work permit booklet. The OSSC has recently changed its rules, however, and now accepts WP3 applications from eligible sponsoring companies with same-day approval. Obtaining the work permit booklet is also a one-day process.
If the company does not meet the requirements above, it must apply for the WP3 at the MOL. When filing the WP3 at both the MOL and OSSC, the foreign applicant must not be in Thailand from the day of filing the WP3 application until the Employment Department issues the WP3 pre-approval letter.
Analysis & Comments: The change is good news for eligible sponsoring companies as they can now obtain WP3 pre-approval letters within one working day. Employees must still enter Thailand with a Non-Immigrant B visa to finalize the process of work permit issuance within 30 days.
What is the change? Thailand now requires all foreign nationals to obtain and submit a medical clearance certificate when submitting a work permit application.
What does the change mean? Under the change, work permit applications must include a medical certificate obtained from/issued by a licensed medical doctor in Thailand no earlier than one month prior to the work permit application filing date. The medical certificate must cite that the applicant is free of the following diseases: leprosy, tuberculosis, drug addiction, alcoholism, elephantiasis (lymphatic filariasis), and syphilis stage III.
Background: Previously, work permit applications filed under the Board of Investment (BOI), the Industrial Estate Authority of Thailand (IEAT), and the Petroleum Act did not require a medical clearance certificate.
Analysis and Comments: The change adds a step to the work permit application process for BOI and IEAT registered-companies, as well as companies that fall under the Petroleum Act, and requires all work permit applications submitted on or after Aug. 19 to be accompanied by a medical certificate.