Tag: Visa

Thailand SMART Visa

Thailand SMART Visa

Thailand SMART Visa is built to attract science-and-technology talent, investors, executives, and startup founders into BOI-designated “S-Curve” industries. Unlike the standard Non-Immigrant “B”, SMART Visa streamlines work authorization and family rights, while extending permitted stay. Here’s a practitioner’s view of what it is, who qualifies, and how to run the process end-to-end in 2025.

What makes SMART Visa different

Across all SMART categories you see four headline advantages: (1) permission to stay of up to four years (subject to contract term for employed categories), (2) work-permit exemption for the main holder when working with endorsed entities, (3) annual—rather than 90-day—immigration reporting, and (4) multiple re-entry without a separate permit. Spouses and certain dependents under “SMART O” receive matching stay; in many cases the spouse may work without a work permit. Fees are charged “per year of permission” (10,000 THB/year).

Who SMART is for: the five categories

SMART T (Talent) — science/tech experts employed by an endorsed Thai entity in a targeted industry. Minimum income: 100,000 THB/month, reduced to 50,000 THB/month for experts hired by startups or for “retired experts” with agency endorsement. Max stay up to 4 years (capped by contract; 2 years when working for a startup). Employers must be certified as operating in targeted sectors; expertise must be endorsed through the Strategic Talent Center (STC) network. Note: digital nomads/remote workers without a Thai assignment are not eligible.

SMART I (Investor) — investors placing capital into technology-based companies in targeted industries. Official FAQ guidance: ≥ 20 million THB direct investment in technology-based manufacturing or services or ≥ 5 million THB in a startup, incubator, or accelerator endorsed by relevant agencies; investment must be maintained for the visa’s validity.

SMART E (Executive) — senior management of endorsed companies in targeted industries, with Bachelor’s degree or higher, ≥ 10 years relevant experience, and ≥ 200,000 THB/month income; must hold a senior role (e.g., MD, director). Stay up to 4 years, capped by contract.

SMART S (Startup) — technology-based startup founders in targeted industries. Baselines include ≥ 600,000 THB funds held for ≥ 3 months (with extra amounts per dependent), valid health insurance, and founder must be a director or ≥ 25% shareholder in a Thai company in a targeted sector. Permission can be granted for up to 2 years depending on endorsement type.

SMART O (Others) — legal spouse and children of SMART holders. Family members receive the same stay as the principal. Spouses can work without a work permit; children’s work rights vary by the principal’s category (see “Reporting & Family Work Rights” below).

Targeted industries are defined by the BOI (often referred to as “S-Curve” sectors). The BOI confirms that SMART is tied to these designated sectors; employer and activity endorsements are part of the process.

The application flow that actually works

Step 1 — Online Qualification Endorsement. Create an account and submit an online qualification endorsement application for the specific SMART type (and SMART O if applicable). Upload all supporting PDFs. The SMART Visa Unit coordinates technical/non-technical endorsements with relevant agencies. The official timeline is “at least 30 working days” from complete dossier to result notification.

Step 2 — Visa Issuance. Once you receive the endorsement letter, you have 60 days to apply for visa issuance either via the MFA e-Visa system (if outside Thailand) or in person at the Immigration Bureau at the Thailand Investment & Expat Services Center (TIESC), One Bangkok, Bangkok. The government fee is 10,000 THB per year of permission (paid at issuance/extension).

Step 3 — Extensions & Changes. For extensions, qualification must be re-endorsed before visiting Immigration at TIESC for the new stamp; the fee is again 10,000 THB per year (pro-rated by months). If you change role, add a second employer, or your SMART-O spouse/child intends to work, you must notify the SMART Visa Unit using the prescribed forms.

Reporting & family work rights (nuances that trip people up)

SMART holders must complete two separate annual reports:

  1. Immigration 1-year reporting at OSS/TIESC (replaces 90-day reporting). If you re-enter Thailand, the due date resets to one year from your latest arrival.

  2. SMART Unit status report emailed annually with supporting documents:
    • SMART T/E: show tax payment evidence (e.g., PND 90/91 or recent PND 1).
    • SMART I/S: show updated shareholder list and/or capital transfer evidence; S may also need FBL/FBC if in restricted sectors.

Family work rights:
Spouse (SMART O) may work without a work permit (subject to prohibited occupations list). 
Children (18+) of SMART T holders with SMART O may work without a work permit; children of SMART E/I/S who wish to work must apply for a work permit at OSS. All must avoid occupations on the prohibited list.

Practical case studies

Case 1: Senior AI scientist hired by a BOI-endorsed digital company (SMART T). The candidate earns 180,000 THB/month and holds a 2-year contract. Employer is certified in the Digital industry; STC endorses the candidate’s expertise. Result: SMART T for up to 24 months (capped by contract), no work permit, spouse obtains SMART O and can take up employment immediately. Annual immigration + SMART Unit reporting required; scientist files PND tax evidence each year.

Case 2: Investor placing 20M THB into a robotics manufacturer (SMART I). The investor directly injects capital meeting the 20M THB threshold, maintains the investment, and receives endorsement. Result: SMART I up to 4 years, no work permit for activities within the endorsed company. Spouse/children receive SMART O; spouse can work without a work permit, but a child wishing to work must apply for a work permit (because the principal is I).

Case 3: Health-tech founder with 600k THB and 30% equity (SMART S). Founder has funds parked for 3+ months, valid health insurance, and the Thai entity operates squarely in the medical hub/digital space. Result: SMART S for up to 2 years (depending on endorsement letter). The founder later adds a consulting gig at an endorsed incubator; they must notify the SMART Unit about the additional employment before starting.

Case 4: Executive transfer to Thailand HQ (SMART E). Regional CFO with 12 years’ experience, Bachelor’s degree, and ≥ 200,000 THB/month moves to Bangkok to oversee a BOI-endorsed smart-electronics group. Result: SMART E aligned to the employment term (up to 4 years); spouse can work without a permit; an adult child would need a work permit.

Documents and checkpoints that commonly derail files

  • Employer & activity endorsement: even perfect CVs fail if the Thai entity isn’t certified as operating in a targeted industry. Get the BOI/agency certificate in hand early.

  • Income thresholds: SMART T/E applications are assessed against stated monthly income floors; startups/retired-expert exceptions for T reduce the threshold to 50,000 THB.

  • Investor proof: for SMART I, attach remittance slips and shareholder list (when applicable) and be ready to prove the company is technology-based in the targeted sector; keep the investment intact through the visa term.

  • Startup funds & insurance: SMART S requires proof of funds for ≥ 3 months (and extra per dependent) plus active health insurance. Ensure shareholding/board position meets the 25%/director rule.

  • Dual annual reporting: don’t confuse immigration’s annual address report with the separate SMART Unit status report; both are mandatory.

Where to file & current implementation notes (2025)

After endorsement, issuance/extension occurs with MFA e-Visa (abroad) or at Immigration, TIESC (One Bangkok). The BOI’s operational pages also reference the transition from paper TM.6 to the Thailand Digital Arrival Card (TDAC) for arrivals from May 1, 2025, a detail now visible in extension and transfer procedures. Budget the 10,000 THB per year government fee for every issuance and extension event.

Thailand Elite Program

Thailand Elite Visa

The Thailand Elite Visa, officially administered under the Thailand Privilege Card Program, is a long-term visa category designed not through the conventional logic of immigration policy, but through a contractual privilege model. It is one of the few immigration instruments issued under Section 17 of the Immigration Act B.E. 2522 (1979), which grants discretionary powers to the Minister of Interior to permit foreigners to reside in Thailand under specially approved terms.

Unlike work, retirement, or marriage visas — which are tied to immigration policy objectives — the Elite Visa operates under a public-private framework in which lawful residency is conferred via paid membership to a government-owned enterprise.

This article presents a detailed legal, administrative, and functional analysis of the Thai Elite Visa, focusing specifically on its benefits and privileges, while noting the limitations essential for legal compliance.

II. Legal Basis and Administrative Framework

A. Immigration Act, Section 17

“In special cases, the Minister, with Cabinet approval, may permit any alien or group of aliens to stay in the Kingdom under any conditions he deems appropriate.”

This provision permits non-standard stay rights. The Elite Visa is not governed by the same statutory constraints applicable to standard non-immigrant visas. It is granted through administrative discretion, ratified by a Cabinet resolution, and implemented operationally by a public entity.

B. Issuing and Managing Entities

  • Thailand Privilege Card Co., Ltd. (TPC):
    A state-owned enterprise under the Tourism Authority of Thailand (TAT). TPC is the exclusive manager of the program, responsible for:

    • Application processing

    • Membership benefits delivery

    • Liaison with the Immigration Bureau

  • Thai Immigration Bureau:
    The legal issuer of the Non-Immigrant “PE” (Privilege Entry) Visa, under instruction from the Ministry of Interior.

III. Membership Structure and Visa Validity

Thailand Privilege Card membership is available in four main tiers (as revised in October 2023). Each corresponds to a visa term and a schedule of annual privileges.

Tier Cost (THB) Total Validity Visa Issuance Transferability Privilege Points/Year
GOLD 900,000 5 years 5-year PE visa No 20
PLATINUM 1.5 million 10 years 2 x 5-year visas Yes (1 time) 35
DIAMOND 2.5 million 15 years 3 x 5-year visas Yes (1 time) 55
RESERVE 5 million 20 years 4 x 5-year visas Yes (exclusive) 120

Each visa is multiple-entry and allows 365-day stays per entry. Members can renew the stay annually from within Thailand, avoiding re-entry requirements.

IV. Benefits and Privileges: Legal Residency Components

1. Long-Term Legal Stay

  • No need to meet income thresholds

  • No employment or retirement status required

  • Continuous residence up to 20 years with in-country renewals

2. Exemption from Reentry Permit Requirements

  • Unlike other non-immigrant visas, the PE visa includes automatic multiple-entry rights

  • Holders can leave and return without separate reentry documentation

3. 90-Day and TM.30 Reporting Support

All foreigners in Thailand must comply with:

  • TM.47 (90-day stay notification)

  • TM.30 (residence notification upon change)

Elite members can authorize TPC to act on their behalf for these filings via a simple Power of Attorney—minimizing administrative burdens.

4. Airport and Immigration Privileges

  • Dedicated fast-track lanes at major international airports

  • Meet-and-greet and baggage escort services

  • Immigration clearance expedited by Elite staff at arrival and departure

V. Lifestyle and Bureaucratic Services (Contractual, Not Statutory)

The Elite Visa program integrates privileges via a points-based system. These are contractual entitlements, not statutory immigration rights.

A. Government Service Facilitation

Area Support Offered
Driver’s License Scheduling, document translation, and guidance at Department of Transport
Bank Account Opening Letters of introduction and endorsement with partner financial institutions
Tax ID Number (TIN) Coordination with Revenue Department for issuance
Document Legalization Referral to certified translation, notary services, and embassy offices

These services ease access but do not exempt members from legal requirements under Thai law.

B. Privilege Points Redemption

Each tier offers an annual allotment of points, redeemable for:

Category Examples of Redeemable Benefits
Transportation Airport transfers, private drivers, intercity travel services
Health & Wellness Executive health checkups, spa and wellness programs
Hospitality Premium hotel stays, dining benefits, concierge restaurant reservations
Golf & Leisure Complimentary golf rounds, resort activities
Personal Concierge Event booking, private interpreters, shopping assistant services
  • Unused points expire annually

  • No rollover or transfer of points is permitted

VI. Family Member Inclusion (Platinum Tier and Above)

Family members may be added under the following conditions:

  • Spouse and children under 20 years old qualify

  • Additional cost: ~THB 1 million per dependent

  • They receive the same visa type and validity

  • Dependents do not receive privilege points unless separately enrolled

VII. Taxation and Fiscal Considerations

A. Tax Residency Definition

Under Thai law, a foreigner becomes a tax resident if they are in Thailand for 183 days or more in a calendar year. Consequences:

  • Required to file a personal income tax return

  • Must declare income earned in Thailand

  • May have to declare and pay tax on foreign income, depending on timing of remittance

B. Foreign Income Remittance (Section 41, Revenue Code)

As of January 1, 2024, foreign income is taxable only if remitted in the same year it is earned.

This enables legally compliant tax deferral for Elite members with offshore income, provided they time remittances carefully.

VIII. Legal Restrictions and Prohibited Activities

A. Employment Prohibited

The Elite Visa does not permit employment of any kind. This includes:

  • Paid work

  • Freelance services

  • Company directorship or business management

  • Volunteering without proper work authorization

Penalties include:

  • Revocation of visa and membership

  • Fines and deportation

  • Entry bans under immigration law

B. Land Ownership Restrictions

Elite members are subject to foreigner restrictions under the Land Code:

  • Cannot own land

  • May own condominiums under the 49% foreign quota

  • May lease land or property up to 30 years (renewable under specific provisions)

The Elite Visa does not override property law.

IX. Termination and Compliance Risk

Revocation Grounds

Cause Legal Basis / Effect
Criminal conviction Immediate visa cancellation and blacklisting
Violation of immigration/work laws Termination of visa and potential deportation
False declarations during application Breach of contract; administrative annulment
Activities against public order Discretionary revocation under Section 17 authority

Membership fees are non-refundable, even in the event of revocation.

X. Application Process

Basic Eligibility

  • Minimum age: 20 years

  • Valid passport (6+ months)

  • No prior overstay, blacklist, or criminal record

Steps

  1. Submit application through TPC or authorized agent

  2. Background check by Immigration Bureau and Royal Thai Police

  3. Receive conditional approval

  4. Pay full membership fee

  5. Visa affixed at:

    • Thai Embassy abroad, or

    • One Stop Service Center in Bangkok (if in-country)

Processing time: ~30 to 90 days

XI. Summary

The Thai Elite Visa is a hybrid legal instrument—one part immigration law, one part civil contract. It provides long-term, multiple-entry residence for high-net-worth individuals who meet compliance obligations and refrain from employment. The privileges are substantial but legally bounded:

Key Benefits

  • Up to 20 years of stay without frequent visa renewals

  • Streamlined compliance with TM.30 and TM.47

  • Fast-track access at airports

  • Concierge assistance for government and lifestyle services

  • Access to tax planning tools through the remittance rule (Section 41)

Key Limitations

  • No right to work or engage in business

  • Not a path to permanent residency or citizenship

  • No special real estate rights

  • Revocable without refund if terms are violated

For those seeking administrative simplicity, legal clarity, and service access, the Elite Visa remains the most structured long-stay visa available in Thailand—provided one stays within its legal and contractual boundaries.