Immigration news: Requirement change for long-term visa and new restriction imposes on signing corporate documents
October 12, 2016
Requirement change for applying long-term visa
Effective from September 5, 2016, the authority in Thailand required applicants to submit the certified copies of monthly salary withholding tax (PND1) forms when applying long-term visa and visa extensions. There is no official announcement of this new requirement but there are notices published at the immigration office.
Under the new requirement, applicants are required to be paid by local payroll, attached the PND 1 form in the application pack for new or renew long-term visa applications. That means their employers have to withhold the taxes and pay the social security contribution monthly after the work permit is obtained. Failing to doing so may trigger the refusal of the application.
Previously, applicants can secure new or renew long-term visa by submitting a self-paid personal income tax (PND 93) form since their income is coming from foreign sources.
Note: Crown advises employers to ensure the affected foreigners in Thailand to put on a local payroll and foreigners should be aware of the requirement change of the supporting document.
New restriction imposes on signing corporate documents
The Immigration authorities in Thailand have announced that foreign directors who do not hold a Thail work permit are not allowed to sign the company income tax and financial statement documents. Documents signed by a foreign director without a work permit may cause a delay or refusal of the application under consideration. There is no formal announcement of this new requirement but it takes effect immediately.
Prior to this announcement, foreign directors who do not hold a Thai work permit were allowed to sign corporate documents, however “document signing” is now considered as a productive work activity, hence a working visa is mandatory.
Under the new policy, if the foreign director of the company does not have a Thai work permit, they may consider the following options:
1. Having a public notary outside of Thailand notarize the corporate documents with a subsequent legalization at the Thai Embassy/Consulate in the country where notarization has taken place.
2. The company authorizes a Thai national employee to sign the corporate documents by granting the power of attorney agreement.
Remark: Companies affected by the new regulation may consider the suggested options above to avoid delays in application process.
Source: No official source is available at the time of writing this update.