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ResourcesVisa & Immigration LawThailand Immigration LawIs There a Difference Between a Thai "Work Visa" and a Business Visa?

Is There a Difference Between a Thai "Work Visa" and a Business Visa?

Transcript of the above video:

As the title of this video suggests, we are discussing the notion of a "Work Visa" as opposed to a Business Visa. I have seen this stated a lot, I have seen this across the internet especially since we have seen this flare-up of concern across the internet regarding COVID-19 Insurance associated with what has turned out to be Retirement Visas but at the beginning they were talking about this in the context of Non-Immigrant Visas. I have seen multiple different publications say Business Visa, Work Visa, Marriage Visa as if there is some inherent difference between a Business Visa and a Work Visa. As a practical matter there is not although the Smart Visa has changed that analysis slightly.

So what are we talking about here? Well prior to the Smart Visa, all visas to work in Thailand were either Business Visa or you could argue a Marriage Visa but a Marriage Visa just has the right to seek a Work Permit. A Business Visa is designed for those to come to Thailand and then seek a Work Permit once they arrive. Unlike many other countries, work authorization is not inherent to the Visa. Business Visa simply provides lawful Immigration status in Thailand under the business category and then that can be used as a platform to apply for a Work Permit.

When they created the Smart Visa categories, they basically made work authorization part of the Visa. For those who think that got rid of a lot of scrutiny in point of fact it did not in my opinion. The scrutiny is just done inherent to the Visa rather than inherent to the Work Permit so they just built it in. So in a sense you could argue a Smart Visa is a Work visa insofar as it is inherently work authorized so yeah I guess there is a difference between a standard Business Visa and a Smart Visa. 

I have done videos on this channel where we kind analyze the Smart Visa. In my opinion, unless someone meets the specific criteria and I mean specifically means the criteria associated with the Smart Visa, the Smart Visa may not be the best option for those looking to come to Thailand especially those looking to come to Thailand and do business long term. Strictly speaking, a Business Visa is what most people I think are talking about talking when they are talking about a work visa. I think they are conflating it with the Work Permit and thinking it is all one thing; it isn't. The Business Visa is the Business Visa and then you use that as a platform to go ahead and apply for a Work Permit.