Announcement of the Ministry of Labor on Permission for Foreigners to Work in the Kingdom as a Special Case according to Economic and Investment Stimulus Measures by Attracting High Potential Foreigners to Thailand Suspension of the Incentives for Owning Lands by Foreigners in Thailand

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Announcement of the Ministry of Labor on Permission for Foreigners to Work in the Kingdom as a Special Case according to Economic and Investment Stimulus Measures by Attracting High Potential Foreigners to Thailand

To implement the Cabinet Resolution on December 7, 2021, the Cabinet, on January 18, 2022, has approved the draft Announcement of the Ministry of Labor on Permission for Foreigners to Work in the Kingdom as a Special Case according to Economic and Investment Stimulus Measures by Attracting High Potential Foreigners to Thailand (“Announcement”) which has the main principle of allowing foreigners and their spouses, according to the Draft Announcement of the Ministry of Interior on Permission of Certain Groups of Foreigners to Stay in the Kingdom as a Special Case, to work in the Kingdom as a special case in response to the government’s measures on economic and investment stimulus that will result in more domestic spending as well as bring the positive outcome to the entrepreneurs. These will generate solid income for people and workers and  lead to more investment and enable Thailand to have more specialists in various fields in which it  will be benefit to the country’s economy. The main points of this Announcement are as follows:

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  1. Defining the term “Foreigner” as a foreigner and its dependent who is a foreigner’s spouse in compliance with the Draft Announcement of the Ministry of Interior on Permission of Certain Groups of Foreigners to Stay in the Kingdom as a Special Case according to Economic and Investment Stimulus Measures by Attracting High Potential Foreigners to Thailand
  2. Stipulating that the foreigner can apply for a work permit in accordance with the law on foreign working management. Once, the foreigner has submitted an application, such foreigner will be allowed to work for the time being without a work permit.
  3. The duration of the work permit is as follows:
    • In case the foreigner works with its employers, the work permit shall be valid in the same period as the employment contract but not more than 5 years from the date of issuing of such work permit. The foreigner can renew its work permit to be in accordance with the duration of its employment contract but not more than 5 years at each time.
    • In case the foreigner works without any employer, the work permit shall be valid for the period as requested by the foreigner but not more 5 years from the date of issuing of such work permit. The foreigner can renew its work permit according to the period as requested by the foreigner but not more 5 years at each time.
  4. Permission for the foreigner to work shall be expired when the permission to stay in the Kingdom has expired according to the Draft Announcement of the Ministry of Interior on Permission of Certain Groups of Foreigners to Stay in the Kingdom as a Special Case, e.g. the foreigner acts against the Announcement of the Ministry of Interior, is lack of qualifications required by law, or is believed to behave as a threat to society, etc.

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