THAILAND -
New Requirements For Companies Extending Non-Immigrant Business/Employment Visas
For Foreign Nationals
By
Fragomen, Del Rey, Bernsen & Loewy, LLP.
11/01/2006
The National Police Bureau of Thailand, which oversees the Thai Immigration
Bureau, has announced additional documentary requirements and criteria for
employers that wish to extend Non-Immigrant Business/Employment Visas on behalf
of their foreign national employees. The new requirements went into effect on
October 1, 2006. Moving forward, the foreign national employee's monthly salary
must comply with new income requirements that are based on his or her
nationality (please refer to chart below). Sponsoring companies are required to
show that the total shareholders' equity in the company is at least Baht 1
million (US$ 27,300) for the preceding fiscal year. The sponsoring company must
also demonstrate that the company has sufficient income to support the salaries
and benefits of all foreign national employees. Finally, the ratio of foreign
national employees to permanent Thai employees must be at least 1:4 except for
the following businesses, which must maintain a 1:1 ratio of foreign national to
Thai workers: 1) representative offices; 2) regional offices; and 3) branch
offices. These businesses will not be required to meet any of the new
aforementioned financial requirements except for the minimum salary requirement.
The following documents must now be submitted to the National Police Bureau as
part of the Non-Immigrant Business/Employment Visa extension application:
1. Balance sheets certified by the company's Certified Public Accountant (CPA)
for the previous fiscal year showing that the total shareholders' equity in the
company was at least Baht 1 million for the previous fiscal year.
2. Profit and Loss Statement, certified by the
company's CPA for the previous fiscal year, proving that the company's total
income from the previous fiscal year exceeded the amount that had been budgeted
for expenses payable to all foreign nationals employed by the company (including
the applicant) for salary and other benefits in the upcoming fiscal year.
3. Copies of the monthly social security contributions for the most recent month
for every employee of the company, including both Thai employees and foreign
national employees.
4. A list of the monthly salaries from the most recent month for each foreign
national employee.
5. Evidence showing the ongoing necessity to employ a foreign national for each
position for which a foreign national is employed by the company.
In preparing this article, Fragomen has worked closely with the firm of Dej-Udom
and Associates (Bangkok).
The content herein is provided for
informational purposes only.
| Nationality |
Minimum Salary Requirement |
| 1) European countries,
Australia, New Zealand, Canada, Japan, USA |
50,000 Baht/Month
|
| 2) South Korea, Singapore,
Taiwan, Hong Kong |
45,000 Baht/Month
|
| 3) Asian and South American
countries, Eastern European countries, Mexico, Turkey, Russia, South Africa |
35,000 Baht/Month
|
| 4) African countries,
Cambodia, Myanmar, Laos, Vietnam |
25,000 Baht/Month
|
Source:
http://pubweb.fdbl.com/news1.nsf/c8abb103352ef95a86256e3100809438/7fc38eecacc7de1a852572200053a931?OpenDocument
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