Thailand: Stricter Criteria Implemented for Board of Investment Applications Using Single Window System, Increasing Delays
July 25, 2023
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At a Glance
- Based on a change in practice, the Board of Investment (BOI) has implemented new rules and criteria for employers filing work permits and visa applications under the BOI Single Window system.
- The new rules and criteria include updates to passwords/usernames every six months, no longer allowing the use of abbreviations in position titles, changing the requirements for “Director” positions, enforcing position and job title alignment with the promoted business activities approved by the BOI and requiring expanded organizational charts.
- Employers must follow the BOI’s requests or recommendations within the required period.
- As a result, employers should expect multiple changes and delays in their Single Window applications.
The situation
Based on a change in practice and an increased volume in applications, the Board of Investment (BOI) has implemented new rules and criteria for employers filing work permit and visa applications under the BOI Single Window system.
A closer look
- Password/username updates. Employers must change the password and username they use to access the BOI Single Window System every six months. Therefore, employers with accounts set up before April 1, 2023 will need to update their password before October 1, 2023 or they will be locked out of the system. Previously, these updates were not required.
- No abbreviations in position titles. Employers can no longer use abbreviations, shortened forms, or mathematics symbols as part of a position title in their work permit or visa applications. Previously, this was allowed.
- Amended Director position requirements. The Director position is now listed under the “Managerial” level, which requires employers to submit a new form and additional information. Previously, the Director position was listed under the “Executive” level, which did not require employers to provide these items with the application. The current acceptable positions for “Executive” level are President, Managing Director and C-Suite.
- Stricter enforcement of position and job role. The BOI is more strictly enforcing the requirement that a position and job role are directly aligned with the promoted business as per the employer’s BOI certificate. Employees therefore cannot be partially involved in the business, and must be directly involved in the promoted business as provided under the BOI certificate.
- Organizational chart. The BOI is requiring an organizational chart that lists all employees working for the entire company, whereas previously, there was more flexibility on the contents of the chart.
Impact
Employers should expect delays, more questions, and the need for additional revisions in applications. Employers will need to respond to the BOI’s request for additional information and clarifications within seven calendar days. If they fail to do so, their application will be removed from the Single Window system, and a new application will need to be submitted. Consequently, employers should expect to clarify their applications more frequently and should keep the employee's start date flexible.
Background
BOI officials are likely enforcing stricter rules related to work permit and visa applications due to a large increase in the volume of applications.
Looking ahead
The BOI may implement practical process changes to streamline the overall work permit and visa application process. Fragomen is closely monitoring the situation and will report on further developments.
This alert is for informational purposes only. If you have any questions, please contact the global immigration professional with whom you work at Fragomen or send an email to [email protected].
