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IMPACT – HIGH
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.
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.
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.
What is the change? The One Stop Service Center (OSSC) will no longer provide work permit or long term visa processing to companies that do not have a registered office in Bangkok and are not registered with either the Board of Investment (BOI) or Industrial Estate Authority of Thailand (IEAT).
What does the change mean? Non-BOI companies without a registered head or branch office in Bangkok can no longer rely on the expedited visa-extension process at the OSSC and must apply at the Immigration Office in the province where the company is registered, even if the company’s registered capital or net assets exceed 30 million bahts (about US$976,000).
Background: The change in policy was announced without notice and took effect May 31.
Among the changes, non-BOI companies that relied on the expedited OSSC process for one-year visa extensions will now need to apply at the provincial Immigration Office where the company is registered. The Immigration Office applications involve a longer process and require more documentation than the OSSC—such as three months of tax withholding and VAT (instead of one month required by the OSSC), a lease agreement and notification of residence of foreigners via the TM-30 form from the employee’s landlord, and photos of the director and authorized signatories of the company.
Analysis & Comments: Companies that will no longer be able to rely on the expedited OSSC process should plan to follow the provincial Immigration Office requirements and should be aware that the employee will be issued a one-month temporary visa while the visa extension application is pending. The employee may travel outside Thailand during this time, but must be in Thailand before the one-month period expires to receive an approved extension and multiple reentry visas.
Source: Deloitte LLP. Deloitte LLP is a limited liability partnership registered in England and Wales with registered number OC303675 and its registered office at 1 New Street Square, London EC4A 3HQ, United Kingdom.
What is the change? The Immigration Bureau at Chaengwattana Bangkok has announced changes regarding the Notification of Residence of Foreigners (TM30) form.
What does the change mean? Applicants must now submit and have an official receipt of the TM30 form prior to submitting visa extension applications with the Immigration Bureau at Chaengwattana Bangkok. Officers will reject applications if the TM30 has not been filed and no receipt has been issued.
Analysis & Comments: Employers and all expatriates should take into account the change and ensure that all TM30 forms are filed prior to submitting visa extensions applications in Bangkok.
What is the change? The Thai government has amended its SMART visa program, opening it up to new industries and easing application processes and eligibility requirements for foreign experts, executives, entrepreneurs and investors.
What does the change mean? The changes have broadened the SMART visa program and allow more people to apply.
Background: Thailand launched the SMART visa program in 2018, looking to attract foreign workers in key “S Curve” industries. Officials recently added (1) alternative dispute resolution services, (2) human resource development for science and technology and (3) renewable energy and environmental management to its list of S Curve industries. They have also said they will open a fast-track service for SMART visa holders at all international airports that already have a fast-track lane.
Application requirements have also changed. For example, officials dropped the monthly income requirement in the SMART ‘T’ visa category for highly skilled professionals to 100,000 baht per month (about US$3,150) or 50,000 baht per month for those working at local start-ups. The government also changed investment thresholds for SMART ‘I’ visas for investors. Applicants now must invest at least:
Analysis & Comments: The SMART visa program was designed to attract foreign talent and investment, and the recent changes were implemented to ease processes and qualification requirements for experts, executives, entrepreneurs and investors.
What is the change? Thailand’s One Stop Service Center is imposing additional documentation requirements on non-Board of Investment companies applying for work visa renewals.
What does the change mean? According to an unwritten policy, non-BOI companies renewing work visas for foreign employees must present tax documents and social security contributions for the previous three months if immigration officers are suspicious of the business operation of the employer. The following are examples of when the companies may need to present the documents:
Immigration officers may exercise discretion in considering many factors and the overall circumstances; therefore, it is difficult to predict who will be affected.
What is the purpose of this change? The employer must be the real employer and have real business operations. Immigration officers are vetting the qualifications of the company rather than the employees or particular nationalities. Therefore, if Indian nationals or other “watch list” nationals are employed by large companies where immigration officers do not have reason to suspect the employer, additional documents will not be requested. Watch list countries are: Argentina, Bangladesh, Bolivia, Chile, Colombia, Gambia, Ghana, Guinea, Iran, Indian, Liberia, Mali, Nepal, Nigeria, Pakistan, Peru, Senegal, Sierra Leone, Sri Lanka, Togo and Uganda.
Background: Generally, only the previous month’s tax, VAT (value added tax) return and social security contributions are required by the OSSC. The new rule requires the following for any suspected employer:
Analysis & Comments: Employers should be aware that additional company qualifications and documentation may be requested of them, such as financial statements, total assets and liabilities, and number and salaries of Thai and foreign employees.
What is the change? When applying for work permit preapproval with the Department of Employment (non-Board of Investment applications), employers may be asked to submit copies of the foreign employee’s passport departure page to demonstrate that he or she has exited Thailand before applying for the preapproval. Previously, only the first page of the passport (the photograph page) was required to support the application.
What does the change mean? The passport copies enable the DOE to ensure that the applicant is not in Thailand while the company files the preapproval application.
Analysis & Comments: Employers are reminded that foreign employees who apply for preapproval are prohibited from being in Thailand during the process. Despite this rule, many foreign nationals stay in Thailand while applying for the preapproval and, as a result, must cancel their preapproval for failing to meet the conditions. Officers who discover that a foreign employee was in Thailand when the preapproval letter was issued cannot issue the work permit booklet and must cancel the preapproval letter. The new policy is intended to reduce the number of cancellations and ensure compliance with work permit rules prohibiting employees from starting work before the work permit is issued.