Free ConsultantTHAC’s Services for Smart VISA and Work Permit Applications
What is smart VISA
A SMART Visa is a special type of visa designed to attract highly skilled individuals and investors wishing to work or invest in the S – Curve (the country’s target industries) or the country’s target businesses. A holder of a SMART Visa will be able to conduct business in the country for an extended period. These include the “Alternative Dispute Resolution Service” as described in article 11 of the country’s targeted industrial investment category or “13 S-Curve”
Hereupon, that arbitrator is classified under the SMART Visa category “T” or Talented Experts, providing alternative dispute resolution services.
The Office of the Board of Investment (BOI) has announced additional industry announcements regarding alternative dispute resolution arbitration services by requiring highly skilled professionals associated with such services to apply for a special temporary resident visa or SMART VISA.
In terms of the scope of highly skilled professionals. It is not only limited to arbitrators. Nevertheless, the guidelines of the Office of the Board of Investment (BOI) also include: Arbitration Counsel, Legal Advisor and various supporting works, such as transcriber translator, etc., which must comply with the criteria according to The Minister of Interior’s rules.
SMART “T” (Talent) : Highly skilled professionals in the targeted industries General Case
Qualifications and Criteria
- Minimum income of no less than 100,000 Baht/month or equivalent. In case of experts having an employment contract with a startup, or retired experts having endorsements from a relevant agency, minimum income of no less than 50,000 Baht per month is required.
- Having an employment or service contract with an entity in Thailand or overseas with an assignment to work in Thailand. The remaining term of such contract must be at least 1 year.
- Having expertise in science and technology relevant to the targeted industries and endorsed by an agency within the Strategic Talent Center (STC)’s network.
- Employers in Thailand must be endorsed for being engaged in the targeted industries by relevant government agencies such as the National Innovation Agency (Public Organization) and Digital Economy Promotion Agency.
Privileges
- Maximum renewable 4-year visa, but not exceeding the employment/service contract term
- No work permit required for working in the endorsed companies. In case of changes of jobs, additional endorsements in accordance with the relevant requirements must be obtained.
- 90-day reporting to the Immigration at the One Stop Service Center extended to 1 year.
- No re-entry permit required.
- Spouse and children granted the right to stay and work in Thailand with no work permit required (Children wishing to work must be at least 18 years. The jobs must not be on the prohibited list of occupations and professions for foreigners).
- Access to a fast-track service at international airports in Thailand (where available).
SMART Visa qualification application process (approximately 30 business days)
In the case of being abroad, submit it at the embassy / consulate-general within 60 days from the date of issuance of the
The Board of Investment of Thailand (BOI) certificate of eligibility.
In the case of residing in Thailand SMART VISA can be applied at the Immigration Bureau Office (One Stop Service Center for Visa and Work Permit: OSS) Chamchuri Square Building or EEC Labor Administration Center or both
THAC Support / Documents for Smart VISA Application
- SMART VISA T request form
- Copy of passport
- Employment contract or service contract or evidence of work related to arbitration cases requiring domestic trials.
- A medical certificate issued by the country in which the applicant is a citizen or have permanent residence or the country in which the request was made (must be issued no more than 3 months)
- Copy of evidence showing qualifications such as proof of graduation from university, etc.* Acting as arbitrator no need to attach
- Copy of proof of employment from previous job such as a copy of a letter of recommendation, etc.* Acting as arbitrator no need to attach
- Copy of research project (if any)
- Copy of printed media (if any)
- Copy of intellectual property documents (if any)
- Awards (if any)
- Copy of certificate of professional qualifications Copy of work proficiency certificate (if any) (Letter of Certification from THAC)
- Power of Attorney, in the part of applicants who do not submit documents by themselves
*In the case of performing duties as an arbitrator It is not necessary to attach documents number 5-6*
*Applicants can scan supporting documents in PDF File format (Except the request form)*
FAQ about SMART VISA & VISA NON B
- In the case of an arbitrator, the original Work Permit can be used. Because it is not a job that is in the prohibited job announcement for foreigners.
- In the case of being an attorney from a disputing party will consider whether the governing law in the disputed contract is Thai law or not. If not in Thai law can be used the original Work Permit. For the reason that it is not a job that is in the prohibited job announcement for foreigners but if it is Thai law A new certificate may be required. Due to the request for a Work Permit in accordance with this arbitration law. It is considered a work permit under special law which is not subject to the prohibition of foreigners
If a foreigner enters only for the purpose of being an expert witness or a personal witness, it is not considered an occupation in Thailand. Therefore, there is no need to ask for a certificate or work permit in any way.
THAC has no power to be considered an arbitration agency and has the potential to issue a certificate under the Arbitration Act B.E. 2545, Amended (No. 2) B.E. 2562. Although it is not a case under the THAC regulations, THAC only can issue the letter of certification.
Applying for a certificate MUST be in the case of an arbitration case only. because in the letter of certification. The law clearly states that an arbitration case number or dispute code can be referenced.
THAC will only provide services in the aspect of issuing certificates. Coordinating, contacting and applying for Visa and Work Permit at the Department of Employment and the Immigration Office (Immigration Bureau), the alien or the attorney from the alien must be done by themselves
Requesting a certificate under the law on arbitration. It is NOT necessary to attach a medical certificate.
Arbitrator or attorney from a foreign party MUST perform the following steps:
- 7.1 Foreigners must fill a request form for The letter of Certification to support the request for a temporary stay VISA. Non-Immigrant “B” Visa (with this process Foreigners should allow time for coordination and contact with embassies and consulates abroad.)
- 7.2 After successfully receiving the VISA. An alien or an attorney from a foreigner shall apply for a certificate to support the request for a Work Permit from the Department of Employment. and/or a copy of the power of attorney together with the original power of attorney IF the power of attorney is authorized for another person to act on his behalf.
- 7.3 Apply for a work permit at the Department of Employment at the Visa and Work Permit Service Center, 18th floor, Chamchuri Square. It will take approximately 3 hours to process. but still have to sign to receive the original book by yourself) For documents that must be submitted for the Work Permit, the following documents are required:
- 7.3.1 The Letter of Certification from THAC (See example at…)
- 7.3.2 The Letter notifying the results of the issuance from THAC
- 7.3.3 WP. 38 List of Supplementary Items, Documents or Proofs for the Notification on Commencing the Works under Section 62 of the Royal Ordinance on the Management of Foreign Workers Employment B.E. 2560 and its amendments (Download at…)
- 7.3.4 Copy of passport
- 7.3.5 Copy of evidence of permission to enter to Thailand
- 7.3.6 Copy of lawsuit document, dispute number
- 7.3.7 3 photographs of aliens, size 3*4 cm.
Scope of the affidavit under the law on arbitration ONLY. Arbitrators and foreigners can be issued. If the attorney is to request such a certificate, They MUST come in as an attorney from the letter
.
- a. Applying for a Non-Immigration “B” Visa for Business and Work at the consulate or embassy abroad should be reserved at least 1 month in advance of the scheduled hearing date, or
- b. Apply for a Tourist Visa at a consulate or embassy in a foreign country and change the type to a Non “B” Visa later (foreigners must show up to the staff while applying at the Immigration Bureau Office Chaengwattana Government Complex 1 time) (Requesting Tourist Visa on Arrival/Transit cannot change the type to Non “B” Visa)
**NOTE** It is recommended to issue a visa type Non-Immigrant B, because applying for a change of visa in Thailand is a more complicated process. Currently, the Immigration Office has not issued exact rules.
Must sign for the original work permit by yourself at One Start One Stop Investment Center (OSOS), 18th floor, Chamchuri Square Building.
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SMART Visa – For Foreign Specialist in Arbitration
Entering and leaving for some countries requires a valid visa; a tourist visa, a student visa, or a working visa. Among all types of visas, the working visa is known to be one of the most challenging visas to apply for. For foreigners who wish to work in Thailand, it is also important that they have important documents such as a valid visa and work permits.
What is a SMART Visa? Are Arbitrators Eligible to Apply For One?
What is a SMART Visa (SMART Visa)? Is an arbitrator eligible to apply for one? People who clicked to explore this topic will probably want to know more, right? Well, we are here to answer this question, and the answer is “Yes”, because the Thailand Arbitration Center (THAC) is one of the government-affiliated agencies that is authorized to issue a certificate to support the application for a SMART Visa to highly skilled experts in the arbitration process.
Smart Visa, Conditions and Application Procedures for Arbitration in Thailand
Visa issues for foreign arbitrators who will be conducting arbitration in Thailand from time to time would not be much of a problem. However, in the event that they need to be dealing with customers or lawsuits on an extended basis or frequently have to travel in and out of the country on a regular basis, a “Smart Visa” would be another interesting option. If already issued with a standard visa, foreigners can upgrade to a Smart Visa.
Promoting foreigners to arbitrate in Thailand
Initially, a foreigner who wishes to perform the duties of an arbitrator and an attorney of the parties for the arbitration proceedings in Thailand must apply for a work permit, according to Section 59 of Foreigners’ Working Management Emergency Decree, B.E. 2560.
What is Work Permit / Non B
The work permit is a permit to work in Thailand and is issued to foreigners who wish to work in Thailand, either for persons who wish to set up a business or even as an employee in Thailand. They will have to submit a request to legally change their visa type in accordance with the law of the Kingdom of Thailand, to a NON-IMMIGRANT VISA “B”, or (Visa Non-B), or Business Visa. Working or conducting business in the Kingdom of Thailand cannot be implemented if this type of visa is not approved.
What is the difference between Work Permit / Non B?
A work permit is a permit that allows the holder to work in Thailand and is issued to foreigners that wish to work in Thailand, issued by the Department of Employment, under the jurisdiction of the Ministry of Labor.
– Visa Non-B, or Business Visa, is a permit to enter Thailand for the purpose of working, issued by the Thai Consulate, under the jurisdiction of the Ministry of Foreign Affairs or the Immigration Bureau.
The validity of a work permit and Business Visa (Visa Non-B) varies from 3 to 6 months, or 1 year to a maximum of 2 years, depending on the consideration of the Department of Employment for work permit and the Immigration Bureau. For visas, several factors are considered, such as the type of work performed or the necessity for work, etc.
Qualification application process
Step 1: An arbitrator or a foreign attorney submits a request for a certificate with an attachment below:
(1) Copy of the foreigner’s passport.
(2) A copy of evidence showing the appointment to be an arbitrator or an attorney.
(3) Power of Attorney with stamp duty in the case of authorizing other persons to act on their behalf
Step 2: Complete documents, THAC issues a certificate within 1 business day
Step 3: The alien has received the certificate. Must apply for a work permit at the Ministry of Labor by attaching the following documents:
(1) Letter of certification from THAC (See exemple at…)
(2) Letter notifying the result of issuing a certificate from THAC
(3) A detailed form accompanying the notification of permission under Section 12 of the Foreign Worker Act B.E. 2551 (Download at…)
(4) Copy of passport
(5) Copy of evidence of permission to work in Thailand under the Immigration Act,
(6) Copy of Litigation Documents, Number of Dispute
(7) 3 photos of straight face (size 3*4 cm.)
(8) Power of Attorney with stamp duty (In case of not submitting in person)
THAC Forms
- Request form for a certificate for foreigners to perform duties in the process of arbitration in Thailand (Click to Download)
- Example Document from THAC
- Letter notifying the result of consideration (Click to Download)
- VISA Application Form (Click to Download)
- THAC Letter of Certificate (Click to Download)
- Details accompanying the notice of permission under Section 12 of the Foreign Worker Act B.E. 2551 (Click to Download)
Occupations and professions that prohibit foreigners from engaging in occupation
Section 3 The provisions of (39) of the list attached to the Royal Decree on Establishment of Occupational and Professional Work Prohibited by Foreigners B.E. 2522 shall be repealed and replaced by the following:
(39) Legal services or legal proceedings, except
(a) the performance of arbitration duties;
(b) the Lawyer / Legal Counsel in the arbitration process. If the law applicable to the dispute under arbitration is not Thai law or in the case where the arbitrator’s award is not required to be enforced in the Kingdom of Thailand.”
FAQ Work Permit / Non B
- In the case of an arbitrator, the original Work Permit can be used. Because it is not a job that is in the prohibited job announcement for foreigners.
- In the case of being an attorney from a disputing party will consider whether the governing law in the disputed contract is Thai law or not. If not in Thai law can be used the original Work Permit. For the reason that it is not a job that is in the prohibited job announcement for foreigners but if it is Thai law A new certificate may be required. Due to the request for a Work Permit in accordance with this arbitration law. It is considered a work permit under special law which is not subject to the prohibition of foreigners
If a foreigner enters only for the purpose of being an expert witness or a personal witness, it is not considered an occupation in Thailand. Therefore, there is no need to ask for a certificate or work permit in any way.
THAC has no power to be considered an arbitration agency and has the potential to issue a certificate under the Arbitration Act B.E. 2545, Amended (No. 2) B.E. 2562. Although it is not a case under the THAC regulations, THAC only can issue the letter of certification.
Applying for a certificate MUST be in the case of an arbitration case only. because in the letter of certification. The law clearly states that an arbitration case number or dispute code can be referenced.
THAC will only provide services in the aspect of issuing certificates. Coordinating, contacting and applying for Visa and Work Permit at the Department of Employment and the Immigration Office (Immigration Bureau), the alien or the attorney from the alien must be done by themselves
Requesting a certificate under the law on arbitration. It is NOT necessary to attach a medical certificate.
Arbitrator or attorney from a foreign party MUST perform the following steps:
- 7.1 Foreigners must fill a request form for The letter of Certification to support the request for a temporary stay VISA. Non-Immigrant “B” Visa (with this process Foreigners should allow time for coordination and contact with embassies and consulates abroad.)
- 7.2 After successfully receiving the VISA. An alien or an attorney from a foreigner shall apply for a certificate to support the request for a Work Permit from the Department of Employment. and/or a copy of the power of attorney together with the original power of attorney IF the power of attorney is authorized for another person to act on his behalf.
- 7.3 Apply for a work permit at the Department of Employment at the Visa and Work Permit Service Center, 18th floor, Chamchuri Square. It will take approximately 3 hours to process. but still have to sign to receive the original book by yourself) For documents that must be submitted for the Work Permit, the following documents are required:
- 7.3.1 The Letter of Certification from THAC (See example at…)
- 7.3.2 The Letter notifying the results of the issuance from THAC
- 7.3.3 WP. 38 List of Supplementary Items, Documents or Proofs for the Notification on Commencing the Works under Section 62 of the Royal Ordinance on the Management of Foreign Workers Employment B.E. 2560 and its amendments (Download at…)
- 7.3.4 Copy of passport
- 7.3.5 Copy of evidence of permission to enter to Thailand
- 7.3.6 Copy of lawsuit document, dispute number
- 7.3.7 3 photographs of aliens, size 3*4 cm.
Scope of the affidavit under the law on arbitration ONLY. Arbitrators and foreigners can be issued. If the attorney is to request such a certificate, They MUST come in as an attorney from the letter
.
- a. Applying for a Non-Immigration “B” Visa for Business and Work at the consulate or embassy abroad should be reserved at least 1 month in advance of the scheduled hearing date, or
- b. Apply for a Tourist Visa at a consulate or embassy in a foreign country and change the type to a Non “B” Visa later (foreigners must show up to the staff while applying at the Immigration Bureau Office Chaengwattana Government Complex 1 time) (Requesting Tourist Visa on Arrival/Transit cannot change the type to Non “B” Visa)
**NOTE** It is recommended to issue a visa type Non-Immigrant B, because applying for a change of visa in Thailand is a more complicated process. Currently, the Immigration Office has not issued exact rules.
Must sign for the original work permit by yourself at One Start One Stop Investment Center (OSOS), 18th floor, Chamchuri Square Building.
Ready to get started?
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