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ResourcesCorporate and Tax AdvisoryThailand Corporate LawCan I Appeal a Denial of a Thai Work Permit Application?

Can I Appeal a Denial of a Thai Work Permit Application?

Transcript of the above video:

As the title of this video suggests, we are discussing Thai work permit applications; that's what this is.  This is actually was called the WP 11. It is a Work Permit booklet.  

Basically, those who are in the Kingdom of Thailand and are foreign nationals who do not have work authorization it is illegal for those individuals to work in the Kingdom of Thailand. That is unequivocal. We did another video on this channel where I went into that similarly to the way I am going to go into this topic. But the thing to take away from this video on top of the main topic is, this is a Work Permit and in order to work in Thailand you have got to go ahead and get one of these if you are a foreign national. 

That being said, there are many who apply for work permits and sometimes work permit applications can be denied and under the circumstances where they are denied I do often get the question, although denials don't come up very often, but I do often get the question, "Is there an appellate process?"  Well the effect of it is Yes and it might be best for the Labour Department speak for themselves, or to let their posting speak for themselves. 

I was recently down at the Labour Department assisting other clients and there were some posting throughout the office.  I went ahead and took some photos of them and I am going to share them here with you.  So here is an English language copy of one of the postings down at the Labour Department; I went ahead and took a photo that. We are going to slap it up here for this  video but I'll quote it directly: "In the event of an application for a Work Permit has been filed and approval has not been given; or an extension of a work permit has not been granted; or permission to do additional work has not been given; or a change in a location of workplace has not been approved, an applicant has the right to appeal to the Ministry of Labour within 30 days from the date of acknowledgement of the disapproval thereof. The process of consideration shall be completed within 60 days." 

So there is an application or an appeal process subsequent to an application process and where the application is denied, under most circumstances I would say generally speaking I don't see a lot of denials but it can happen.  There is an appeal process. It is somewhat cumbersome and one is going to really have to prove their case in order to overcome the denial, but that being said, there is a process for overcoming the denial via appeal through the Thai Labour Department system and in the event that the appeal is granted and the denial is overturned, presumably the Work Permit will be issued in short order thereafter.