Pre-Arrival Work Permit Approval (WP.3) for Hires Abroad

Thai law treats work authorisation and permission to enter as two separate decisions. The Department of Employment decides whether a foreign national may work for a particular employer in a particular role, while a Thai mission abroad decides whether to issue a visa and the Immigration Bureau decides how long the person may stay. For someone already in Thailand on a suitable visa, the employer can usually file the ordinary work permit application directly. For someone still overseas, the employer first asks the Department to approve the employment in advance.

That advance approval, filed on the form commonly referred to as WP.3, gives the overseas mission a clear reason to issue a Non-Immigrant B visa: a named Thai employer, a defined position and a Department decision that the position may be filled by this candidate. Without it, the mission sees only a contract between private parties and may ask for more evidence or decline. In practice the approval letter is the document that links the Thai side of the process to the overseas side.

Because the filing is made by the employer, the candidate does not need to travel to Thailand to start the process. The employer's authorised director signs the forms, and the candidate supplies copies of their passport, qualifications and photographs from abroad. This is also why most of the preparation work concerns the company rather than the individual.

Employment offices apply internal criteria when deciding whether a company may employ a foreigner. The criteria most commonly applied to ordinary Thai limited companies are registered and paid-up capital of two million baht for each foreign employee and four Thai employees registered with social security for each foreigner. Different and often more flexible criteria apply to BOI-promoted companies, representative and regional offices, and to employees married to Thai nationals. Because these thresholds come from practice and internal guidance rather than a single statute, we confirm the current position with the competent office before filing.

The office also reviews whether the business is real and operating. It may look at VAT registration, recent financial statements, withholding tax and social security filings, a map of the workplace and photographs of the premises. A newly registered company with no trading history is not automatically refused, but it should expect closer questions and may be asked to show that the capital has actually been paid in.

Finally, the job itself must be open to foreigners. Thailand maintains lists of occupations reserved for Thai nationals and occupations open to foreigners only under conditions. A job title such as 'sales staff' or 'administrative assistant' can be read as falling within a restricted category, while a properly described managerial or specialist role with matching qualifications is assessed on its merits. We draft the job description to reflect what the person will genuinely do, not to disguise the role.

Once the Department issues its approval, the employer sends the letter and a supporting company pack to the candidate. The candidate then applies for the Non-Immigrant B visa through the Thai e-Visa portal, addressed to the mission responsible for their country of nationality or residence. Missions differ in what else they want: some ask for the company affidavit and shareholder list, others for financial statements, a letter of employment or proof of the candidate's qualifications.

Timing matters. The approval letter carries its own validity and conditions, and the candidate should travel and complete the Thai formalities within the period it allows. We therefore plan the e-Visa filing as soon as approval is expected, so that the candidate can upload documents promptly and book travel once the visa is issued. If the mission requests additional documents, the employer must respond quickly from Thailand.

Arriving on a Non-B visa does not by itself allow the candidate to start work. The employee usually needs a Thai medical certificate from a licensed clinic or hospital, after which the work permit is issued or activated in its digital form through the employment office. Until those steps are complete, the employee should limit activities to preparation that does not amount to work under Thai law, which defines work broadly.

At the same time, the landlord or hotel must file the TM.30 notification of residence, and the employee should plan the extension of stay that converts the initial Non-B entry into a longer permission linked to employment. The extension application relies on the work permit and on company documents similar to those used for the WP.3, so keeping the employer's file current saves time at this stage.

The delays we see most often come from incomplete company documents: an affidavit older than the office accepts, financial statements not yet filed for the latest year, or social security records showing fewer Thai employees than the company believes it has. Each of these can be corrected, but only before filing; after a refusal the employer must start again and the candidate's start date moves.

Other issues relate to the candidate. Degree certificates may need translation and certification, names may be spelt differently across documents, or the candidate's experience may not match the seniority of the role. We check these points against the job description so that the file tells one consistent story. Even with a complete file, the decision belongs to the employment office, and no adviser can promise approval.

Thai Legal & Immigration Consulting Service Co., Ltd. prepares WP.3 files for employers across Thailand from our Bangkok headquarters on Lat Phrao Soi 95, our Khon Kaen branch and field representatives in all 77 provinces. Our licensed Thai attorneys review the company documents, draft the job description and employment contract, file with the competent office and brief the candidate on the e-Visa step that follows.

Employers can start with a Free Preliminary Eligibility Review of the company and position, then Request a Formal Quotation for the full recruitment file, including the candidate's arrival formalities and first extension of stay.