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IMPACT – MEDIUM
What is the change? Government offices are scheduled to reopen Monday following a half-day closure Friday to allow for government workers to participate in ceremonies honoring King Bhumibol Adulyadej, whose death was announced Thursday.
What does the change mean? Those in need of visas, work permits or other immigration services may experience minor delays when offices, including the One Stop Service Center and Labour Department and Immigration Bureau offices, reopen Monday.
Background: Authorities announced Thursday that King Bhumibol, 88, a beloved figure in Thailand and the world’s longest serving monarch, had died. The BBC reported that Prime Minister Prayuth Chan-ocha said in televised remarks that Thailand would hold a year-long mourning period and that public entertainment would be “toned down” for a month. Government offices were closed Friday afternoon, but are expected to reopen and observe normal hours Monday.
BAL Analysis: Those in need of immigration services may experience minor delays when offices reopen next week.
This alert has been provided by the BAL Global Practice group in Singapore. For additional information, please contact singapore@bal.com. Copyright © 2016 Berry Appleman & Leiden LLP.
All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries please contact copyright@bal.com.
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.
This alert has been provided by the BAL Global Practice group in Singapore. For additional information, please contact singapore@bal.com.
Copyright © 2016 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries please contact copyright@bal.com
What is the change? Thai authorities have tightened document legalization requirements for nationals of certain countries submitting long-term dependent visa applications at the One-Stop Service Center (OSSC).
What does the change mean? Nationals of the countries listed below must submit marriage or birth certificates (when required) that are either (1) legalized by an embassy in Thailand or (2) legalized by their home country’s ministry of foreign affairs and then authenticated by the Thai Embassy in that country. Applicants should note that the change only applies to OSSC applications; applicants filing long-term dependent visa applications through the regular process at the Immigration Bureau were already required, no matter their nationality, to have birth and marriage certificated legalized in the manner described above.
The countries whose nationals will be affected by the change are: Argentina, Bangladesh, Bolivia, Chile, Colombia, Gambia, Ghana, Guinea, India, Iran, Liberia, Mali, Nepal, Nigeria, Pakistan, Peru, Senegal, Sierra Leone, Sri Lanka, Togo and Uganda. The list of nationalities is subject to change without notice.
Nationals from countries not listed above will not be affected when it comes to OSSC applications. It should be noted, however, that regular rules about submitting documents that are not in English will apply. Documents not in English must first be translated and then legalized by one of the methods listed above.
BAL Analysis: The change will add to the time it takes for select nationals to prepare applications for long-term dependent visas filed at the OSSC. Affected applicants should make note of the change and allow for extra time to collect documents, if possible.
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.
Copyright © 2016 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries please contactcopyright@bal.com
IMPACT – LOW
What is the change? Thailand has made changes to the form that foreign nationals must complete when applying for visa extensions, 90-day reports or re-entry permits.
What does the change mean? The new form requires applicants to provide some additional information, including blood type, allergies, most recent date of entry, port of entry, and a hospital in Thailand where the applicant can be treated. Applicants will no longer be asked to provide a photo or information about their parents or their address in their home country. The change applies to both Board of Investment and non-Board of Investment applicants.
Background: The new forms are designed at least in part to provide the government with information that may be useful in case of an emergency. Besides the changes listed above, the government has changed the application process such that bank account information is in the “For Official Only” section of the form. This has been done, officials say, so that the information can be kept confidential between the applicant and the officer handling the application. Bank account information is only required, at this point, for visa extensions, not 90-day reports or re-entry permits.
BAL Analysis: In order to avoid unnecessary delays, applicants should be sure they have all information required by the new forms when they submit applications for visa extensions, 90-day reports or re-entry permits.
Copyright ©2016 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries please contact copyright@bal.com.
What is the change? Thai authorities will no longer accept self-paid personal income tax (PND 93) forms as supporting documents for long-term visa applications or extensions.
What does the change mean? Foreign nationals seeking long-term visas must be on a local payroll; Thai authorities will only accept certified copies of monthly salary withholding tax (PND 1) forms.
Background: Prior to the change, foreign employees who earned income from foreign sources were permitted to submit a PND 93 tax form when applying for a long-term visa or extension in Thailand. That is no longer an option. The new rule indicates that all visa applicants will need to be on a local payroll and include a PND 1 form with their visa application. Companies will be required to withhold taxes on a monthly basis and pay monthly social security contributions once the employee obtains a work permit booklet. The change will apply to all long-term visa applications, including those submitted at the One Stop Service Center.
BAL Analysis: Self-paid personal income tax forms will no longer be accepted as supporting documents for long-term visa applications. Companies with affected foreign nationals assigned in Thailand must ensure that their employees are on a local payroll to avoid the possibility of having their long-term visa applications rejected.
Copyright © 2016 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries please contact copyright@bal.com.
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IMPACT – HIGH
What is the change? Foreign nationals serving as company directors who do not have a Thai work permit will no longer be allowed to sign corporate income tax and financial statement documents.
What does the change mean? Work permit applications will be declined if they are supported by tax documents signed by a foreign national director who does not have a work permit.
Background: Thailand’s Employment Department found that, in some cases, foreign national company directors were signing corporate income tax and financial statements even though they did not hold a Thai work permit. This was a problem because “signing documents” is considered productive work in Thailand. Thai authorities have now made it clear that foreign nationals cannot sign company tax documents or financial statements without a work permit.
This new rule mostly affects companies with foreign nationals working as directors while residing outside of Thailand. In such instances, two options are available. First, corporate income tax and audited financial statements can be notarized by a notary public outside of Thailand and then legalized or authenticated at a Thai embassy or consulate in the country where they were notarized. Second, companies can enter into a power of attorney agreement that authorizes a Thai national within the company’s management to sign corporate income tax and audited financial statements in Thailand.
BAL Analysis: The added requirement may cause significant delays in completing new or renewal work permit applications for affected companies. Those who are affected by the change may contact BAL to discuss the options that are available.
About Berry Appleman & Leiden LLP Founded in 1980, Berry Appleman & Leiden (BAL) provides comprehensive global immigration services from seven offices across the U.S. and from offices in Geneva, London, Melbourne, Rio de Janeiro, São Paulo, Shanghai, Singapore and Sydney. BAL manages global visa matters and customized application approaches for work permits, business visas, and residence permits in more than 100 countries. With a single cost center for worldwide operations, BAL offers centralized management with regional and local support for the complete spectrum of global immigration matters.
Source: Berry Appleman & Leiden LLP
When traveling to Thailand, your nationality and the types of activities you will conduct during your trip will determine whether you may travel lawfully as a business visitor or if you require work authorization. Please seek advice from your immigration counsel if you are uncertain about the specific types of activities that constitute business or work.
As a business visitor to Thailand, you may engage in the activities below. While this list is not exhaustive and other activities could qualify as business, you may:
In general, foreign nationals seeking to travel to Thailand for business purposes should obtain a Non-Immigrant B Visa from a Thai Consulate or Embassy prior to arrival. While certain nationals may be eligible to enter Thailand on visa-waivered status or with a Visa on Arrival, this should be done with caution and is generally not recommended for business purposes. Please consult your immigration counsel before traveling to ensure compliance.
The activities below, whether paid or unpaid, generally constitute work under Thai law. This list is not exhaustive, and many other professional activities are considered work in Thailand, even if conducted for a short duration.
The requirements for work authorization depend on your qualifications and on the nature and duration of your work. The most common Thai work permits are:
There are no nationalities eligible for work authorization exemptions in Thailand.
Inevitably, the legal and strategic considerations impacting visa selection, as well as visa waiver and work authorization eligibility, entail the careful consideration of many factors. We recommend that you consult with your immigration counsel before taking any course of action.
What is the change? The Employment Department has recently announced a shorter processing time for issuance of work permit booklets for foreign nationals who hold a “pre-work permit approval.”
What does the change mean? After a foreign employee arrives in Thailand and submits the pre-work permit approval to request a work permit booklet, the Employment Department will now complete the process within three to four business days (instead of seven business days).
Background: The Employment Department has implemented the change to improve the efficiency of their internal process, resulting in a faster turnaround time on work permit applications for those holding a pre-work permit approval. The pre-work permit approval is a document required of foreign nationals who need to obtain a Non-Immigrant B visa prior to travel to Thailand. Foreign nationals must submit the approval along with their medical certificate and passport upon arrival in Thailand in order to complete the work permit application process.
With the faster processing time, the Employment Department is requiring foreign employees to pick up their work permits within three business days from the date of issuance. Although the rule has not been officially announced, authorities have verbally indicated that foreign employees who do not collect their work permits on time could have their permits canceled.
BAL Analysis: The improved processing time for work permit applications that involve pre-work permit approvals will reduce overall wait times for foreign nationals who require the approval before seeking a work permit. It should be noted that applications submitted via the Board of Investment or One Stop Service Centre are not affected by this recent change.
What is the change? Thai immigration authorities are now requiring a new form called a “Record of Foreign Information” for certain applications. The purpose of the form is for foreigners to provide additional personal details about themselves.
What does the change mean? The form is required for foreigners applying for visa extensions or re-entry permits and when reporting stays of longer than 90 days.
Background: The government has indicated that it is requiring the form for national security reasons and in case of emergency. It must be lodged at the One Stop Service Center or Immigration Bureau.
BAL Analysis: The form must be submitted by each individual passport holder submitting an application and provides authorities with more details about foreign nationals in Thailand.
What is the change? Under new regulations that will take effect Sunday, foreigners who are apprehended in Thailand and are found to have overstayed their visas will face bans on re-entry.
What does the change mean? Those who have overstayed their visa by less than one year will be banned from returning to Thailand for five years; those who have overstayed by one year or more will be banned for 10 years.
Background: Currently, foreigners who overstay their visa for short periods may pay a fine at the airport, but are not banned from re-entry. The new regulation does not appear to allow for any grace period or exceptions for short overstays.
BAL Analysis: Foreign nationals should pay close attention to the duration of their visa, as an overstay of even one day could subject them to a ban on returning for five years.