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Contribution:

This translation has been provided with the kind assistance of Chaninat & Leeds. Chaninat & Leeds practices both family and business law, including K1 visa Thailand.




 

Article 3

Application for Work Permits, Application for Renewal of Work Permits, Application for Substitute Certificates for Work Permits under Section 14, Applications for Making Amendments to or Adding (of)* Job type or Description, Employers, Area or location of Employment, or Conditions/Particulars of the Permit

Clause 20. Foreigners that have domicile in, or are nationals of countries that share a border with the Kingdom of Thailand applying for a foreigner work permit under Section 14 shall apply using Annex Form 9 annexed to this Ministerial Regulation, including documents and evidence as follows:

  1. Copy of substitute document for* the applicant’s passport
  2. Copy of evidence of permit/entry visa into the Kingdom*
  3. Copy of License for Professional Practice if the profession seeking work permit grant is required by virtue of law to obtain a License for Professional Practice*
  4. Copy of future employer’s identification card and domicile/house registration or passport or copy of residence permit in accordance with immigration laws in the case where the future employer is a commoner/natural person or copy of reference letter from appropriate governmental administrations indicating that the (future) employer’s business is correctly registered or licensed to*establish and operate by law. If the employer is a juristic person, the type of business shall also be indicated
  5. Certificate from a medical professional complying with medical practice laws confirming that the applicant is not an individual who is mentally insane *(incompetent) or who has mental disorders or sicknesses as outlined in the Ministerial Regulation under Section 10
  6. 3 Half-length photos; full-faced, no hat, no dark colored glasses, of 3 x 5cm size and  taken within the past 6 months
  7. Map indicating location of employment/work

Clause 21. If the work permit is damaged or missing, the foreigner work permit grantee shall apply for a substitute document for a work permit, using Annex Form 9 annexed to this Ministerial Regulation, including the work permit, documents and evidence as follows:

  1. Damaged work permit or, in the case of a lost work permit, evidence of a police report concerning the missing work permit
  2. Documents outlined in Clause 20 (6)

Clause 22. Foreigner work permit grantees wishing to apply for renewal of their work permit shall apply using Annex Form 9 annexed to this Ministerial Regulation, including the work permit and documents outlined in Clauses 20 (1) and (2)
Clause 23. Foreigner work permit grantees wishing to apply for making amendments to or adding of job type or description shall apply using Annex Form 9 annexed to this Ministerial Regulation, including the work permit and documents outlined in Clauses 20 (1), (2) and (4)
Clause 24. Foreigner work permit grantees wishing to apply for making amendments to or adding of employers shall apply using Annex Form 9 annexed to this Ministerial Regulation, including the work permit and documents outlined in Clause 20
Clause 25. Foreigner work permit grantees wishing to apply for making amendments to or adding of region or location of employment/work shall apply using Annex Form 9 annexed to this Ministerial Regulation, including the work permit and documents outlined in Clauses 20 (1), (2) and (7)
Clause 26. Foreigner work permit grantees wishing to apply for making amendments to or adding of the conditions/particulars of the granted work permit shall apply using Annex Form 9 annexed to this Ministerial Regulation, including the work permit and documents outlined in Clauses 20 (1) and (2)
Article 4

Notification* of Employment

Clause 27. Foreigners that have temporarily entered the Kingdom under Immigration laws for *necessary or urgent employment for a period of no more than 15 days shall *notify/report their employment using Annex Form 10 annexed to this Ministerial Regulation, including documents and evidence as follows:

  1. Copy of Passport or copy of substitution document for a passport of the applicant
  2. Copy of entry visa*
  3. Copy of future employer’s identification card and domicile/house registration or passport or copy of residence permit in accordance with immigration laws in the case where the future employer is a commoner/natural person or copy of reference letter from appropriate governmental administrations indicating that the (future) employer’s business is correctly registered or licensed to*establish and operate by law. If the employer is a juristic person, the type of business shall also be indicated. This applies for cases where employment is with an employer who has domicile by birth or is resident in the Kingdom of Thailand
  4. 3  Half-length photos; full-faced, no hat, no dark colored glasses, of 3 x 5cm size and  taken within the past 6 months

Article 5

Issuing Foreigner Work Permits, Renewing Work Permits, Issuing Substitution Certificates for Work Permits and Making Amendments to or Adding Job Type or Description, Employers, Region or Location of Work, or Conditions/Particulars of the Permit

Clause 28. Once the authority/Official has received the application form as outlined in Clauses 1, 2, 10, 11, 12, 13 or 20, as well as all of the documents and evidence, the official shall issue a receipt of the application form to the applicant and submit the (aforementioned) application form, documents and evidence to the Registrar for (further) consideration.

The Official shall notify the applicant in writing of application results within 15 days upon receiving the application, including documents and evidence from the official. In the case of denial/disapproval of a work permit, the grounds for the decision shall also be clearly indicated in the application as well as in the written notification of application results.

Clause 29. In the case of those applying for a work permit on behalf of a foreigner under Clause 3, upon receiving the application form and all of the documents and evidence outlined in Clause 3, the Official shall issue to the applicant a receipt which also specifies the documents and evidence that the foreigner needs to provide/submit upon arrival in the Kingdom of Thailand as follows:

  1. Foreigners under Clause 1 (1) shall submit documents and evidence outlined in Clauses 1 (1)(a), (b) and (g)
  2. Foreigners under Clause 2 shall submit documents and evidence outlined in Clauses 1 (1)(b), (g) and Clause 2 (1)

Upon complete* submission of all supplementary documents and evidence, the Official shall submit the application for a work permit on behalf of a foreigner and all the documents and evidence under paragraph 1 to the Registrar for further consideration.*

Provisions outlined in Clause 28 paragraph 2 shall be used as criteria for considering/approving/granting of work permits as appropriate.*

Clause 30. The Registrar shall issue a work permit to the foreigner seeking work permit grant once the applicant has proceeded as follows:

  1. Paid the work permit (application?) fees
  2. Submitted copies of documents or evidence indicating that the employer has paid fees for hiring foreigners that are not craftsmen or professionals seeking to enter into the Kingdom for employment as outlined in the categories and types specified in Article 8. In the case where the foreigner applying for work permit is a foreigner under the aforementioned regulation**

The work permit issued shall be issued according to the format seen in Annex Form 11 annexed to this Ministerial Regulation, unless under Section 14. In the latter case, the format of the work permit issued shall follow the example of Annex Form 15 annexed to this Ministerial Regulation.

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