Starting a business or accepting a job offer in the "Land of Smiles" is an exhilarating prospect. The vibrant economy, strategic location in ASEAN, and incredible lifestyle make it a top choice for global entrepreneurs. However, the excitement often hits a speed bump when you encounter the bureaucracy of the Business Visa in Thailand.
We often hear from clients who are confused by the difference between a visa and a work permit, or who have been told conflicting information about the "4 Thai employees" rule. This guide is designed to clear the fog. We will walk you through the Non-Immigrant B visa process, the crucial work permit step, and the newer digital systems introduced in 2025.
Why You Can Trust Us
At Thai Investment Visa, we don't just read the regulations; we live them. Our team deals with the Ministry of Labour and the Immigration Bureau on a weekly basis. We have personally guided startup founders, corporate executives, and English teachers through the maze of government complex corridors at Chaeng Wattana. We know exactly which forms the officers scrutinize and which "unwritten rules" can cause a rejection. The information below is verified against the latest 2025 protocols to ensure you aren't relying on outdated advice.
What is the Non-Immigrant B Visa?
The Non-Immigrant B Visa (commonly called the "Non-B") is the foundation of legal employment in Thailand. It is not a work permit. Think of the Non-B as your "ticket to enter" for business purposes, while the Work Permit is your "license to work." You cannot legally earn money or sign binding documents for a company without both.
This visa is strictly for:
- Employment in a Thai company.
- Setting up a new business.
- Teaching in schools (though requirements differ slightly).
The "Chicken and Egg" Problem (Form WP.3)
This is the most common stumbling block for newcomers. To get a Business Visa from a Thai Embassy abroad, they ask for a Work Permit. But to get a Work Permit, you need a Business Visa.
The solution is Form WP.3.Before you even fly to Thailand, your prospective employer must file an application on your behalf at the Department of Employment. The resulting approval letter (WP.3) proves that the company is ready to hire you and allows the Thai Embassy in your home country to issue the initial 90-day Non-B visa.
The 2025 Digital Work Permit System
A massive improvement in recent years is the shift toward the E-Work Permit. Gone are the days of carrying the thick, blue booklet that looked like a passport.
- The App: Most professionals now use a digital ID on their smartphone.
- The Process: Once your visa is granted, you visit the employment office (or the One Stop Service Center for BOI companies) to capture biometrics.
- The Benefit: Renewals are faster, and you don't need to carry physical documents everywhere.
Requirements for Your Sponsor Company
You cannot simply "apply for a business visa" on your own; a Thai entity must sponsor you. That company must meet strict criteria:
- Registered Capital: The company needs 2 Million THB in fully paid-up capital per foreign employee.
- Thai Staff Ratio: The general rule is 4 full-time Thai employees for every 1 foreigner.
- Tax Records: The company must show active VAT filings and social security payments.
Note: Companies promoted by the Board of Investment (BOI) are often exempt from the capital and staff ratio requirements.
The Step-by-Step Application Process
Step 1: The WP.3 Application (Inside Thailand)
Your employer submits the pre-approval application to the Ministry of Labour. Processing takes about 5-7 working days.
Step 2: Visa Application (Outside Thailand)
With the WP.3 letter and company corporate documents, you apply for a Single Entry Non-Immigrant B at a Thai Embassy abroad (e.g., in Singapore, Penang, or your home country). This visa gives you 90 days of stay.
Step 3: Entering Thailand and Finalizing the Work Permit
Once you land, you must visit the Employment Department within the first 30 days to convert your WP.3 into the actual Work Permit.
Step 4: The One-Year Extension
Near the end of your initial 90-day visa, you apply for a 1-Year Extension of Stay at Immigration. This is where the heavy scrutiny happens—officers may visit your office to ensure you are actually working there and not just a "ghost employee."
90-Day Reporting and Re-Entry Permits
Even with a one-year visa, you are not free from paperwork.
- 90-Day Reporting: Every 90 days, you must confirm your address with Immigration (can be done online or by mail).
- Re-Entry Permit: If you leave Thailand, your visa is automatically cancelled unless you buy a "Re-Entry Permit" at the airport or immigration office before you fly.
Alternatives: BOI and LTR Visas
For high-level executives or tech startups, the standard Non-B is often too cumbersome.
- Smart Visa: Designed for specific industries (Tech, Wellness, Robotics). No work permit required (it's built-in) and 1-year reporting instead of 90 days.
- LTR Visa (Long-Term Resident): For "Wealthy Global Citizens" or "Highly Skilled Professionals." Offers a 10-year visa and a flat 17% tax rate on income.
Common Mistakes to Avoid
- Wrong Visa Type: Entering on a Tourist Visa (TR) or Visa Exemption and trying to work. Converting these to Non-B inside the country is possible but difficult and requires at least 15 days remaining on your stamp.
- Inactive Company: Buying a "shelf company" that has no real operations. Immigration now checks for active tax filings and physical office spaces.
- Missing Documents: The list of required corporate documents is extensive (20+ pages). A missing signature on page 14 can cause a rejection.
Top Legal Experts for Business Visas
Navigating corporate law requires professional help. Below are trusted firms that specialize in corporate registration and business visas.
Company NameFocus AreaLocationContactFrank Legal & TaxGerman/International Law, Corporate SetupBangkok (Wireless Rd) / Phuketwww.franklegaltax.comAcclime ThailandCorporate Services, Accounting, BOIBangkok (Sukhumvit 101)thailand.acclime.comMahanakorn PartnersLegal, Tax, Civil & Commercial CodeBangkok (Wireless Rd)www.mahanakornpartners.comKudun and PartnersCapital Markets, Startup Law, FDIBangkok (Langsuan)www.kap.co.thIntegrity LegalUS-Thai Legal Matters, ImmigrationBangkok (Silom)www.legal.co.th
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Contact Information for Legal Support
- Frank Legal & Tax
- Phone: +66 2 117 9131
- Address: Sindhorn Building, Wireless Road, Bangkok.
- Acclime Thailand
- Phone: +66 2 072 6020
- Address: True Digital Park, Sukhumvit 101/1, Bangkok.
- Mahanakorn Partners Group (MPG)
- Phone: +66 2 651 5107
- Address: Kian Gwan House III, Wireless Road, Bangkok.
- Kudun and Partners
- Phone: +66 2 838 1750
- Address: Vivre Langsuan, Pathumwan, Bangkok.
Frequently Asked Questions
- Can I work in Thailand on a retirement visa?No. The Non-Immigrant O-A (Retirement) visa strictly prohibits employment. If you want to work, you must switch to a Non-Immigrant B visa or an LTR visa with a work permit.
- How much does a Business Visa cost?The government fee for a single-entry Non-B visa is 2,000 THB (approx. $60). A multiple-entry visa (valid for 1 year) is 5,000 THB. However, agency fees to prepare the paperwork can range from 20,000 to 50,000 THB depending on the complexity.
- What happens if I lose my job?Your visa is tied to your employment. If you resign or are fired, your visa is technically cancelled immediately (on the last working day). You must leave the country or apply for a temporary 7-day extension to pack your bags.
- Can I start a business without a Thai partner?Generally, no. Under the Foreign Business Act, most companies must be 51% Thai-owned. Exceptions exist for US citizens (Amity Treaty) or companies granted BOI promotion.
- Do I need to show money in the bank?For the initial visa application at an embassy, you usually need to show personal funds of at least 20,000 THB. However, the company sponsoring you needs to show much more significant capital registration.
References
- Royal Thai Embassy, Washington D.C. - Non-Immigrant Visa "B"
- Department of Employment - Work Permit Rules
- Thailand Board of Investment (BOI) - Smart Visa & LTR
- Immigration Bureau of Thailand - Extension of Stay
- Siam Legal International - Thailand Business Visa Guide
