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IMPACT – MEDIUM
What is the change? Thailand has instituted a requirement that marriage and birth certificates be legalized for all foreign nationals (non-Board Of Investment companies only).
What does the change mean? Foreign nationals applying for and renewing long-term dependent visas should account for the additional time to officially legalize marriage and birth certificates.
Background: To fill the requirement, marriage and birth certificates must either be:
Previously, the legalization requirement applied to foreign nationals of 21 countries, including India and most countries in Africa and South Asia. Authorities have expanded the requirement to all nationals because of the recent discovery of fraudulent filings.
BAL Analysis: The announcement will lengthen overall timelines for long-term dependent visas filed on and after July 17. BAL is contacting affected clients to make sure they complete the required legalizations.
This alert has been provided by the BAL Global Practice group and our network provider located in Thailand. For additional information, please contact your BAL attorney.
What is the change? Employers are required under a new law to notify authorities within seven days of the end of a work permit holder’s employment.
What does the change mean? The requirement is part of a broader immigration law that targets work permit abuse. Additional provisions targeting employers and employees for work that is not permitted, activities that are not covered in employees’ work permit booklets and work that is done without a valid permit will be enforced starting Jan. 1.
Background: Though the Emergency Decree on Managing the Work of Foreigners B.E. 2560 (2017) primarily targets abuse of migrant workers and human trafficking, most of the law’s provisions will apply to all foreign workers.
Among key changes:
BAL Analysis: While some of the law’s provisions will not be enforced until the new year, employers are encouraged to take steps as soon as possible to make sure that foreign employees’ activities are permissible under Thai law and the terms of the employee’s work permit. Employers should further note that the notification requirements for when an employment relationship ends have taken immediate effect and should make sure that internal procedures are adjusted to ensure compliance. Those with questions should contact BAL.
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What is the change? Thailand’s One-Stop Service Center has announced a new requirement for non-Board of Investment companies applying to renew foreign employees’ long-term visas.
What does the change mean? In addition to submitting official tax documents, employers must also submit original receipts showing that they paid for official certifications of such documents by the Department of Revenue.
Background: The One-Stop Service Center announced the additional requirement Tuesday, citing cases of fake certifications of tax documents as the reason for the new rule.
BAL Analysis: As BAL reported recently, Thai authorities are closely scrutinizing applications to renew long-term visas. The new requirement follows that policy and helps authorities ensure that companies are submitting proper tax documents and paying their taxes. While it initially seemed likely that only visa extensions submitted through the regular process would receive extra scrutiny, it now seems clear that, in the future, non-BOI companies using the One-Stop Service Center will be more closely monitored as well.
What is the change? Thailand has changed the One-Stop Service Center eligibility requirements for non-Board of Investment companies filing long-term visa extensions for work permit holders.
What does the change mean? In order to be eligible to use the OSSC, companies must (1) have 30 million baht (about US$850,000) in registered capital fully paid up, or (2) be able to show on their most recent audited financial statement that they have 30 million baht in assets remaining after current liabilities are deducted from current assets. Under the old rules, companies using the second option only had to show that they had 30 million baht recorded as total assets.
Background: The change took effect this week without advance notice. Authorities have communicated the shift in policy to applicants verbally, however, as applications are submitted and processed.
BAL Analysis: Companies that are no longer eligible to use the OSSC for long-term visa extensions can submit applications at the Chaeng Wattana Immigration Office Immigration Center. There are drawbacks to this option, however, including additional documentation requirements, more scrutiny in the review process and longer end-to-end processing times. BAL is available to assist companies in determining whether they will be affected by the OSSC’s rule change and, if so, determining what their best options are for obtaining long-term visa extensions.
What is the change? New procedures have been put in place for foreign employees of Board of Investment sponsored companies needing to transfer a visa from an old passport to a new passport when the existing visa was only granted until the expiration date of the passport.
What does the change mean? The new process entails additional steps, including applying for an extension and obtaining a new re-entry visa; therefore, employers and individuals should expect longer time lines when transferring visas.
Background: Under the new process, an existing visa that was valid only until the holder’s passport expires will not be transferred to a new passport for the full work-authorization period per the BOI approval letter. As a result, the applicant must first apply for a visa transfer at the Service Center, then apply for a visa extension stamp for the full work-authorization period stated in the BOI approval letter. The government fee of 1,900 baht (about US$54) applies to the visa extension. Applicants should also then apply for a re-entry visa if they intend to travel abroad and return to Thailand.
BAL Analysis: Companies and employees should plan for longer timelines and a two-step process at the Service Center when transferring visas. BAL can assist in the process and reduce the employee’s queueing time at the Service Center.
IMPACT – HIGH
What is the change? Authorities have become stricter in reviewing documents submitted for visa extension applications via the regular process.
What does the change mean? In addition to more closely scrutinizing the required documents, authorities are also requesting that sponsoring employers and foreign employees provide revised documents (such as retaking office photographs) or additional documents.
Background: The trend recently emerged in the long-term visa extension application process. Although authorities have not issued any official announcements or guidelines, companies have been experiencing delays and difficulties in extending visas for their foreign employees. Required documents, including documents officially certified by other Thai government departments, are being very closely scrutinized and information within the documents is being questioned by the immigration authorities. However, only extensions via the regular process are impacted; visa extension applications through the One Stop Service Center (OSSC) remain unaffected.
BAL Analysis: To avoid potential delays or rejection of visa extensions, it is highly recommended that employers prepare the required documents in advance and file the application well ahead of time. BAL will continue to monitor this trend and provide updates on any additional changes.
What is the change? The Royal Thai Embassy in Singapore has launched an electronic visa application system that allows applicants to complete, submit and check the status of application forms online.
What does the change mean? Effective Feb. 1, visa applications submitted at the Royal Thai Embassy in Singapore may be submitted electronically. Manual applications will continue to be accepted until April 1, at which point all applications must be submitted online.
Background: The online process involves creating a login and password, completing an application form, uploading the form and required supporting documents and submitting the application. The applicant may then check the status of the applications, and once the status shows that it has been reviewed, the applicant then brings a duly signed hard copy of the application form, a passport and, in most cases, a photograph to the embassy before the visa can be obtained. Additional details are available on the Royal Thai Embassy website.
BAL Analysis: Applicants may now use the new online visa application system and will be required to do so beginning April 1. The system is expected to streamline the visa application process, though technical delays are possible as the system is rolled out.
This alert has been provided by the BAL Global Practice group in Singapore. For additional information, please contact singapore@bal.com.
What is the change? Thai authorities will permit non-Board of Investment visa sponsors to use 2015 Personal Income Tax Returns (PND 91s) as supporting documentation for visa extensions through March 31.
What does the change mean? Authorities had given the order that visa extension applicants would only be able to use their 2015 PND 91 through Jan. 31. They have reversed course, however, and 2015 versions of PND 91 will be accepted for visa extension applications through March 31. The 2016 tax forms must be used beginning April 1.
Background: Thai authorities require sponsoring companies to provide the proper tax form when applying for visa renewals. The Thai revenue code requires that personal income taxes be filed between Jan. 1 and March 31. The PND 91 serves as a receipt for those who have filed taxes and must be included in visa extension applications.
Initially, Thai authorities said that for this year they would begin requiring the 2016 PND 91 for visa extensions filed on or after Feb. 1. However, they recently reversed course and announced that for visa extensions the 2015 PND 91 will be accepted through March 31.
BAL Analysis: The extension is welcome news for visa renewal applicants as they will not have to rush to submit taxes early in order to obtain a 2016 PND 91. Applicants should note that, as in past years, visa extension applications filed on or after April 1 must be accompanied by a 2016 PND 91.
What is the change? Non-Board of Investment visa sponsors will be required to use the 2016 version of the Personal Income Tax Return (PND 91) when applying for visa extensions beginning Feb. 1. The 2016 version of the PND 91 will not be required for work permit extensions until April 1.
What does the change mean? The 2015 version of the PND 91 form will continue to be accepted as supporting documentation for visa extensions through Jan. 31 and for work permit applications through March 31. After those dates, however, applications will be rejected if the proper form is not included.
Background: Thai authorities require sponsoring companies to provide the proper tax form when applying for visa or work permit renewals. The Thai revenue code requires that personal income taxes be filed between Jan. 1 and March 31. The PND 91 serves as a receipt for those who have filed taxes and must be included in visa and work permit extension applications.
In the past, the previous year’s PND 91 has been accepted for both visa and work permit extensions through March 31, the end of the tax-filing period. This year, however, Thai authorities will begin requiring the 2016 PND 91 for visa extensions filed on or after Feb. 1. The date for work permit extensions has not changed, however, and the 2016 PND 91 will be accepted through March 31.
BAL Analysis: Those planning on visa extensions on or after Feb. 1 should take note of the change and should be sure they have the proper tax form. It may be necessary to file taxes earlier than normal in order to meet the new deadline for using the 2016 tax return form.
What is the change? The Thai Embassy in Singapore has said that that visa processing times will be left to the discretion of individual visa officers and that it will no longer abide by standard two-day processing times.
What does the change mean? Visa applicants should expect longer processing times and should submit applications no later than five to 10 business days before they plan to travel.
Background: The embassy says that, with the change, the minimum processing time will be three days (including the day of submission), but that applicants should leave five to 10 working days, particularly during busy holiday seasons.
BAL Analysis: Visa applicants should take note of the change and adjust their schedules if necessary.