Section 4 of the Nationality Act B.E. 2508 (1965) states that an individual who is not a Thai national is considered "alien." Also, from the Ministry of Labor, it is an alien who is not a citizen of Thailand. So, an "alien" is a foreign person who is not of Thai nationality, and it is frequently employed as a title of status in Thai government organizations. However, the term "foreigner" sometimes refers to individuals of other nationalities as one. People of the nations of Japan, China, Laos, Vietnam, Cambodia, Myanmar, and Western nations can all be referred to by this term.

However, in terms of work permit andvisaapplications in Thailand, the phrase 'alien' can be used differently. When referring to 'foreigners', government agencies, private sectors, and many people often think of Westerners or those from developed Asian countries. Meanwhile, when using the term 'alien workers', it generally refers to laborers from nearby Southeast Asian countries like Laos, Vietnam, Cambodia, and Myanmar.

Are there any differnces for applying for work visas, work permits for foreigners, and foreign workers??

In Thailand's work context, there's a clear distinction between foreigners (Westerners and other Easterners) and migrant workers (from Myanmar, Laos, Vietnam, and Cambodia). This affectsvisa and work permit processes. Migrant workers must follow the MOU agreement between Thailand and their home countries, with strict compliance required to avoid illegal employment. Foreigners from non-MOU countries can apply for Non-B Visas and Work Permits if they meet legal requirements. This system reflects Thailand's complex approach to foreign employment, differentiating between neighboring countries' workers and other foreigners.

Work permission for foreign workers MOU requisition MOU

Document that requires

  • Company Affidavits Certificate
  • National ID Card
  • House Registration
  • Work Location Map
  • Photos of the workplace and accommodation
  • In the case of a construction business, there must be a construction contract.
  • Details of various welfare needs

MOU Process Steps MOU

  1. Submit a request document to import foreign workers into the country. Send this document to the representative of the source country to proceed with worker selection. The source country representative will then compile and return a list of workers.
  2. Submit the list of foreign workers received from the foreign worker recruitment company abroad.
  3. Report the foreign workers' accommodation within 24 hours.
  4. Report the commencement of work for foreign workers within 15 days.
  5. Submit a medical health certificate within 30 days at the Employment Office.

Work Permit Application for Foreigners

Qualifications for foreigners eligible to apply for a Work Permit

  • Foreigners must have a Non-Immigrant Visa "B" (Non-B Visa)
  • Foreigners must have the ability to perform the work for which they are seeking permission
  • Foreigners must not be mentally ill or unstable, nor suffer from leprosy, terminal tuberculosis, elephantiasis in a socially repulsive stage, severe drug addiction, chronic alcoholism, or syphilis in its third stage
  • Foreigners must not have been imprisoned for violating immigration laws or foreign workers employment laws within one year prior to the date of application

Documents required for foreigners applying for a Work Permit

  • Application form TM.1 and 3 passport-sized photos (3x4 cm or 1.5 inches, taken within 6 months, not computer-generated or Polaroid)
  • Letter to the Provincial Governor explaining the necessity of employing foreign workers. For BOI or IEAT companies, include a letter explaining why BOI or IEAT privileges are not being used, along with a copy of the promotion certificate
  • Employment certification or employment contract
  • Copies of educational qualifications and work experience evidence
  • Medical certificate
  • Copy of passport or Certificate of Residence and original Alien Registration Certificate
  • Copy of professional license (if the occupation requires one by law)
  • Power of attorney from the employer (if the employer is a foreigner, use a copy of their work permit) with a 10 baht duty stamp and a copy of the attorney's ID card

Steps for Applying for a Work Permit for Foreigners

  1. Apply for a 90-day Business Visa (Non-B Visa) from a Thai consulate in the respective country or at the Immigration Office in Thailand.
  2. Once the Non-B Visa is approved, apply for a Work Permit at the Department of Employment within 30 days.
  3. After receiving the approved Work Permit, extend the Non-B Visa at the Immigration Office within 30 days.

Considering the details explained above, it's clear that the preparation and procedures forobtaining work permits in Thailand differ significantly between foreigners and MOU migrant workers. Both groups need to be meticulous in document preparation and follow the process carefully to meet all requirements. If you're unsure about the completeness and accuracy of your documents, you can consult Lawyer V-Work Company for assistance with work permit applications, various types of work visas, or other legal procedures. For more information, contact them via LINE: @v-work.