What a Work Permit Thailand Requires Before You Can Apply
A work permit Thailand law requires for non-Thai workers depends on holding the right visa first — and certain occupations remain off-limits entirely under the Working of Aliens Act.If a non-Thai person wants to live and work in Thailand, they must obtain a work permit. Thailand regulates work permits through the Working of Aliens Act (the “Act”). The Act’s definition of “working” is very broad — it is defined as engaging in work by exerting energy or using knowledge, whether or not in exchange for wages or other benefit.
To obtain a work permit, an applicant must at least:
- Have a place of residence in Thailand, or have been permitted entry into Thailand for a temporary stay under immigration law — other than as a tourist or in transit; and
- Not be disqualified or prohibited under conditions prescribed by the Minister and published in the Government Gazette.
This means the applicant must hold an immigration visa in order to apply for and receive a work permit, and that visa must not be a tourist visa. The visa commonly used to support a work permit in Thailand is the “Non-Immigrant B” (Business) visa, which must be applied for and obtained from a Thai embassy or consulate outside of Thailand.
The Act prohibits non-Thais from engaging in a specific set of occupations — currently thirty-nine — for which permission to work will not be granted. Other occupations remain open to non-Thais; however, any work performed by a non-Thai must be strictly limited to the activities and conditions specified in the permit, including the designated work location (though additional locations may be included, or later added, on a showing of good cause).
It should be noted that the upcoming economic integration of the ASEAN Economic Community will not eliminate the requirement to obtain a work permit in Thailand. However, since the “free flow of skilled labour” is a primary goal of that integration, the requirements and application process for work permits (and renewals) are expected to be eased as a result. Thailand may therefore become more accommodating toward non-Thai workers from ASEAN countries, and potentially toward non-Thai workers more broadly.
Employers sponsoring a work permit Thailand requires for a foreign hire should confirm both the visa prerequisite and the specific occupation category well in advance, since the thirty-nine restricted occupations remain firmly off-limits regardless of an applicant’s qualifications or the employer’s willingness to sponsor them.