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Lawyers for expats Thailand are dedicated experienced English speaking lawyers who cover many aspects of law and provide solutions for expats living and working in Thailand.Lawyers for expats Thailand cover Property Law, Immigration Law, Visa and Work Permits, Matrimonial Law, Prenuptial Agreements, Civil and Criminal Law, Business Law, Wills, Usufruct and Superficies Agreements and Post Nuptial Agreements, Company Formation and Business and Tax Planning. Lawyers for Expats Thailand know that the best way to address their clients’ legal issues is to understand their needs . Your case is important for us, Contact us for a free consultation.
Immigration Law in Thailand can often leave people feeling confused .choosing the right visa is important and Lawyers for Expats Thailand have the experience and expertise to help with your visa whether it is changing your visa type or extending your visa. Lawyers for Expats Thailand have dedicated teams around Thailand to assist with all your visa needs. Do you need help and assistance to help bring your loved one to your home country outside of Thailand? We can help you . Whatever your immigration requirements are Lawyers for expats Thailand are here to assist.
The LTR Visa (long term resident visa) but who is eligible?
Four categories of foreigners (“Eligible Foreigners”) who are known as wealthy global citizens (“WGC”), or wealthy pensioners (“WP”), and work-from-Thailand professionals (“WTP”), and highly-skilled professionals (“HSP”) and their spouses and children (“Dependents”) (up to 4) can apply for this visa.
The Ministry of Interior has approved for Some Categories of Foreigners to Reside in Thailand on a Special Case Basis under the Economic and Investment Stimulus Measures to Attract High Potential Foreigners to Thailand dated this was notified on 25th May 2022 (“MOI Notification”) it set out the key terms and conditions of the LTR Visa.
The requirements for the Eligible Foreigners are set out in Notification of the Board of Investment of Thailand (“BOI”) No. Por 2/2565 Re: Qualifications, Rules and Conditions for Special Visa under the Economic and Investment Stimulus Measures to Attract High Potential Foreigners to Thailand dated 30th June 2022 as amended (“BOI Notification”) as amended by the BOI Notification No. Por 6/2566 Re: Amendments to Qualifications, Rules and Conditions for Special Visa under the Economic and Investment Stimulus Measures to Attract High Potential Foreigners to Thailand dated 16th March 2023.
Requirements for HSP LTR Visa Applicant
1. Working for a Thai business entity or a foreign business entity with the assignment to work in Thailand, or working with a higher education institute, research center, or specialized training institution in Thailand, or a Thai government agency, in one of the following 15 targeted industries: (1) automotive, (2) electronics, (3) affluent tourism, (4) agriculture, food, and biotechnology, (5) transportation and logistics, (6) automation and robotics, (7) aviation, aerospace, and space, (8) biofuels and bio-chemical, (9) petrochemical and chemical, (10) digital, (11) medical, (12) national defense, (13) direct and significant supporting industries for the circular economy, (14) International Business Center (“IBC”), (15) other industries which require the special expertise of the applicant in one or more of the following fields:
a) research and development in the targeted industries or technologies, such as biotechnology, nanotechnology, advanced material technology, digital technology;
b) human resource development in science and technology at vocational or higher education levels;
c) application of artificial intelligence, automation, and robotics in business operations;
d) planning and development of digital systems to enhance business productivity and services;
e) financial or marketing analyst or advisory services;
f) environmental and energy management;
g) management or advisory of incubation programs, acceleration programs, innovation, and startup ecosystems;
h) alternative dispute resolution services; and
i) promotion and support of economic development, trade, and investment by foreign chambers of commerce and organizations promoting trade and investment from foreign countries;
2. Minimum personal income of USD80,000 per year in the past 2 years; if the minimum personal income is below USD80,000 but not less than USD40,000 per year in the past 2 years, the applicant must have a master’s degree or above in science and technology or have expertise in the field relevant to the applicant’s employment in Thailand (for a retired expert in science and technology, the income not less than USD40,000 per year for 2 years before the retirement may be allowed);
3. Minimum working experience of 5 years in the field relevant to the applicant’s current employment during the past 10 years (except for the applicant who holds a doctorate degree or equivalent, or works for a higher education institute, research center, or specialized training institution in Thailand, or a Thai government agency); and
4. Minimum health insurance coverage of USD50,000 for at least 10 months or a social security benefit covering medical treatment in Thailand, or a minimum cash deposit in Thailand or abroad of USD100,000 for at least 12 months.
Each applicant can register himself or herself and then file an application for a qualification endorsement letter (“QEL”) online or on site with the BOI or the Thai Embassy or the Thai Consulate abroad or any other place as specified by the BOI. The applicant will be notified of the result of the application for the QEL within 20 working days. The applicant who is granted the QEL must apply for the LTR Visa with the Thai Embassy or the Thai Consulate or the Immigration Office in Thailand within 60 days from the issuance date of the QEL and pay the application fee of THB50,000.
Benefits for HSP LTR Visa Holder
(1) 10-year visa with multiple entries (5 years plus one extension of 5 years);
(2) Fast-track service at international airports in Thailand;
(3) Annual immigration report in place of the 90-day report;
(4) Digital work permit (to be issued by the OSS in Bangkok or a Provincial Labor Office);
(5) Exemption from the Thai-foreigner employment ratio of 4:1;
(6) Personal income tax at 17% on income from a Thai business entity in the targeted industries;
(7) Right to change the LTR Visa to another type of visa subject to the rules and regulations of the Thai Immigration Bureau; and
(8) Maximum 4 Dependents can apply for the LTR Visa and the digital work permit.
Will this attract foreign investors and highly skilled individuals to Thailand?
If you are considering moving to Thailand and want to discuss what is the best option for you contact us for a Free Consultation at www.lawyersforexpatsthailand.com or call +66956583038 WhatsApp and Line
We are a dedicated law firm for foreigners living in Thailand and for those looking to move to Thailand, to retire , work, conduct business, or buy property ,
There are strict laws about foreign ownership of property in Thailand.
It is forbidden for a foreigner to own land in Thailand .
This includes landed property (house or villa).
Landed Property Definition
Landed property refers not only to the land , but also to landed houses, townhouses, bungalows, or villas– in other words, land with a building on top of it.
Thailand laws governing foreign ownership of landed property, forbid titling any land in the name of a foreigner.
With few exceptions, it best to accept this as fact: if you are a foreigner, you are not allowed to own land in Thailand.
Let us repeat that you can not own land in your own name.
Do not try and circumnavigate this.
Buying Villas Through a Thai Company
For a foreigner to set up a Thai company for the sole purpose of property ownership is forbidden and is against the law.
There are restrictions in Thai law which prevent foreigners from owning landed property. This includes not only parcels of land, but also landed houses or villas. Foreigners must accept that if they attempt to circumnavigate the law there are risks and consequences.
A common way that people try to use to circumnavigate the law is for a foreigner to set up a Thai Company Ltd.
Unless the company is run as a legitimate business and trades and pays tax this is illegal. This means they must generate revenue and have proper Thai shareholders (nominee shareholders in Thailand are illegal). The Thai shareholders must be legitimate investors, as well as interested parties who have a say in running the company. A foreigner may not own more than 49% of the shares.
So, in reality setting up a Thai company for property ownership does not stack up as you will only own 49 per cent of the company and property anyway.
There are also a number of complications when coming to sell property owned by a Thai company.
Lawyers for Expats Thailand will be able to advise you on the legal way to secure your investment in property in Thailand. Note that if the lawyer/accountant of the seller or company that will support your work, suggests that you cut corners on any of the above, you need to speak to lawyers for Expats Thailand
Why not considering a leasehold?
Leasehold is an arrangement whereby you are effectively renting a property (long-term) from the actual owner (who is themselves the “freeholder"). With very few exceptions, any foreigner in Thailand who wants to own landed property (e.g., a house or a villa) is instead restricted to a lease, which currently can not be longer than 30 years although it can be renewed if careful safety guards are put in place.
Speak to lawyers for Expats Thailand they can assist on the correct type of lease to suit your situation.
As a lessee, the foreigner is given “exclusive possession” (the right of undisturbed possession), meaning they may use the property as either a home or a rental property for the duration of the lease.
Every lease must be registered at the local Land Office, and once this is done the lease agreement acts as lien against the title deed. This makes the legal standing of a foreign lessee more secure than that of a foreigner using an illegitimate Thai Company.
We can make a legally binding agreement that secures your property investment.
Many promise upon expiry of the initial lease term, the lease will be renewed for a further two 30-year terms, effectively making the lease term 90 years (often referred to as 30+30+30). Although under Thai law these renewals are not legally binding and are not legally enforceable.
The market is flooded with property being sold to foreigners so how are they doing it?
Is it being done legally or illegally?
We often hear everybody is doing it so its ok.
Or my friend bought it this way and everything was fine.
Just because many people are circumnavigating the law it doesn't make it ok or safe.
Many people have purchased property in Thailand and not followed the law and so far nothing has happened this is correct.
The problem only comes when there is a problem or challenge.
If you have not followed the law you could lose your investment.
Here is an example of just that a foreigner bought two houses through a Thai company that they set up for the sole purpose of owning the land and house.
During divorce proceedings from his wife the lawyers for his wife pointed out that the properties had been purchased unlawfully and ordered them to be sold in accordance with Thai law.
He had also sold one of the properties illegally as technically they were not his to sell as his wife was claiming them as matrimonial property and he also did not have her permission to sell them.
He was now in a heap of trouble and faced criminal charges.
The divorce settlement went against him and he lost the remaining property and was lucky to not go to prison.
We have seen people lose their investment for not following the law.
We have successfully retrieved property that was purchased legally and have secured many properties the legal way.
It is important that Thai laws are followed and adhered too.
Lawyers for Expats Thailand hear of many stories where people try to circumnavigate the law to protect their investment and by doing so break the law.
If you work outside of the law how can you be protected by it?
A nominee arrangement is illegal and you face imprisonment and losing your property.
Setting up a company for the sole purpose of a foreigner owning property is also illegal.
Lawyers for Expats Thailand follow the law and provide legal solutions that offer our clients peace of mind and security and protection.
Lawyers for Expats Thailand have helped many foreigners secure their investments by following the law.
Lawyers for Expats Thailand specialize in property law and have the knowledge, expertise and experience as a property lawyer in Thailand.
Thinking of buying land in your wife's name?
Then contact us we can help secure this and ensure that every measure is taken to secure your investment.
There are a number of important factors to take into account and safeguards to put in place.
We have thought of every eventuality and will ensure that you are covered legally.
Lawyers for Expats Thailand provide a number of layers of protection and security for their clients and have adopted a belt and braces philosophy to ensure their clients investment can stand the test of time and scrutiny.
Are you considering buying from a developer?
There are many things to consider,
Do they own the land? What are the terms of their sales contract?
What if the company goes bust how will this affect you?
Our property lawyer will complete due
diligence and ensure that the correct sales contract and service agreement and accompanying documents
are put in place to have you covered.
For the best property lawyers in Thailand contact Lawyers for Expats Thailand today.
Lawyers for Expats Thailand has a team of experts ready to advise our foreign clients on how to set up a company in Thailand.
Lawyers for Expats Thailand offer complete business consultancy and planning.
There are a number of options available from Limited Partnerships to Limited Companies and also Board of Investment start up schemes and Branch Office status for foreign companies wishing to set up a satellite office in Thailand.
Lawyers for Expats Thailand will help you plan every aspect of your business including ,company formation, compliancy, protection of your business and ideas.
Lawyers for Expats Thailand will provide a complete solution to assist you in protecting your ideas and business.
We will ensure that all your agreements comply with Thai law to offer you the maximum protection.
Lawyers for Expats Thailand provide work permits for you and you work force .
We provide Non disclosure agreements and protect your ideas with Copyright and Trademark.
Protecting you and your staff is important and having the right employment contracts that comply with Thai labor law is important.
Lawyers for Expats Thailand will offer tax advice and tax planning
Lawyers for Expats have the experience and expertise in providing solutions for Expats and their families .
Our family Law specialists will assist you in all your family law needs.
Lawyers for Expats Thailand has a team of experts ready to advise our clients on Corporate Law and Corporate related matters in Thailand.
We extend our legal experiences to serve clients of all types and sizes. Give us a call now.
Lawyers for Expats Thailand has a team of experts ready to advise our clients on Criminal Law matters.If you are facing a criminal charge in Thailand you need to get the best representation you possibly can. If someone has committed a crime against you we will evaluate the situation and prepare your case and submit it to the court and police.Our specialist criminal lawyers have many years of experience prosecuting and defending criminal cases in Thailand.Call us today
Integrity, Honesty and Fairness
No matter what type of legal support you’re looking for, we have the resources and expertise to help. Have a look at a selection of services below. If you do not see the service you require just contact us by email or phone, we are here to assist you.
Setting up a company in Thailand
Whether you are thinking of setting up a business or already have a business in Thailand Lawyers for Expats Thailand can help.
Over many years, our team has gained the experience and expertise necessary to ensure your success.
Foreigners cannot legally own more than 49 per cent of the shares in a Thai company.
We will ensure that you comply with the law and that we also put in safeguards for you and your business.
Lawyers for Expats Thailand will help you achieve your goals.
If you already have a business we can assist in a number of ways, our business turnaround specialist can assist you and your business to get back on track and redirect the business on the road to success .
Our contracts lawyer will ensure that all your contracts and agreements cover you legally and offer you the protection required to conduct your business.
Do you have a Non Disclosure Agreement?
Are your trade secrets actually a secret?
Are you covered adequately in the event that one of your employees have a grievance?
Do you need Tax advice or tax experts can help you .
In business your Lawyer and Accountant need to work hand in hand and we will ensure that your accountant is offering the best advice and complying with the law.
Lawyers for Expats Thailand have the experience and expertise to ensure that you receive the very best advice and guidance. Matrimonial issues are a delicate subject and need to be handled correctly.
Whether it is pre nuptial or post nuptial we can help provide a solution to suit your needs.
Lawyers for Expats Thailand are here to assist you in all matrimonial matters.
Contact for a free consultation
Making a will in Thailand
It is crucial to obtain the correct legal advice when making a will in Thailand.Lawyers for Expats Thailand provide solutions for your safety and peace of mind.If you are married to a Thai national or have a property in your Thai wife’s name it is important that they make a Will to protect you against inheritance laws in the event that they die before you.Many people are given the wrong information on this subject and as a result have left themself in a vulnerable situation.Lawyers for Expats Thailand have a legal solution to protect you and your investments .Our expertise means you and your investments are safe and secure. You can count on us to guide you every step of the way. We make this very simple and easy to understand and implement .
Divorce settlement in Thailand
Obtaining a divorce can be a stressful and emotional time.Thai law is very fair when it comes to divorce if you have the right representation.There are many things to consider.Lawyers for Expats Thailand will ensure that we help you get a fair settlement so you can get on with your life.Thai law states a 50/50 share of the matrimonial property.There is often confusion of what the matrimonial property actually is.Let us help you through this challenging time.Contact us today.
For more information about our services, simply reach out.
Lawyers for Expats Thailand Testimonial
Lawyers for Expats Thailand assisted us with the purchase of our home in Thailand making it a easy and simple process and ensuring our investment is protected against every eventuality.Lawyers for Expats Thailand displayed professionalism and amazing knowledge.They went out of their way to assist us.Highly recommended.