Thailand SMART Visa

The Thailand SMART Visa is a long-term visa program introduced in 2018 as part of the government’s strategic initiative to attract foreign experts, executives, investors, and startup entrepreneurs in targeted “S-Curve” industries. Developed jointly by the Board of Investment (BOI), Immigration Bureau, Ministry of Foreign Affairs, and Ministry of Labour, the SMART Visa is distinct from traditional non-immigrant visas in both legal structure and rights granted—particularly in its flexibility, work privileges, and extended validity.

Unlike conventional work visas, the SMART Visa does not require a separate work permit, and it allows holders to stay in Thailand for up to 4 years, including their dependents. This makes it an important legal innovation in Thailand’s immigration and foreign investment policy.

This article offers an in-depth legal and procedural analysis of the SMART Visa, including its subcategories, statutory basis, eligibility requirements, rights and obligations of visa holders, and compliance framework.

1. Legal Framework and Governing Authorities

1.1 Legal Foundation

The SMART Visa operates under:

• Immigration Act B.E. 2522 (1979) – visa classification and entry/exit rules

• Working of Foreigners Act B.E. 2551 (2008) – exceptions from work permit requirements

• Cabinet Resolution (2018) authorizing the BOI and supporting agencies to implement the program

1.2 Participating Government Agencies

• Board of Investment (BOI) – primary screening and endorsement body

• Immigration Bureau – visa issuance and status management

• Ministry of Labour – exemption from work permit

• Ministry of Foreign Affairs – handles issuance at embassies/consulates

• Digital Economy Promotion Agency (DEPA) and other sector-specific bodies – support for startups and tech industries

2. Targeted Industries (S-Curve Sectors)

To be eligible, applicants must be engaged in one of the 18 targeted industries:

• Next-generation automotive

• Smart electronics

• Affluent, medical and wellness tourism

• Agriculture and biotechnology

• Food for the future

• Robotics and automation

• Aviation and logistics

• Biofuels and biochemicals

• Digital

• Medical hub

• Circular economy

• Defense

• Education and human capital development

Additional sectors may be approved by Cabinet resolution.

3. Types of SMART Visas

The program offers five main categories, each with distinct eligibility criteria and rights:

4. Eligibility Criteria in Detail

4.1 SMART T (Talent)

• Employment in S-Curve industry

• Monthly salary:

  • THB 100,000 for general experts

  • THB 50,000 for those working in startups or government agencies

• Minimum 1-year contract

• Employer must be endorsed by BOI or related agency

4.2 SMART I (Investor)

• Invest at least:

  • THB 20 million in one or more BOI-promoted companies, or

  • THB 5 million in a startup certified by relevant authorities

• Must present:

  • Investment agreements

  • Company registration documents

4.3 SMART E (Executive)

• Employed in executive-level position (CEO, Managing Director)

• Monthly salary: THB 200,000 or more

• Minimum 10 years’ experience in the field

• Minimum 1-year employment contract

4.4 SMART S (Startup)

• Minimum:

  • THB 600,000 in personal savings held for at least 3 months

  • Health insurance

  • Plan to establish startup in Thailand

• Startup must be registered within 1 year and operate in target industry

4.5 SMART O (Dependents)

• Legally married spouse and children under 20 years old

• Allowed to stay and work (if age appropriate) without a work permit

5. Key Privileges and Legal Benefits

6. Application and Endorsement Process

6.1 Step-by-Step Procedure

1. Online application via SMART Visa portal

2. Document submission:

   • Endorsement letters

   • Employment or investment contracts

   • Proof of qualifications

3. Endorsement review:

   • Conducted by BOI and relevant agencies

   • Takes 30 working days

4. Visa issuance:

   • At Thai Embassy/Consulate

   • Or Thai Immigration Bureau (if already in Thailand)

5. Notification to Labour and Immigration Offices

   • BOI coordinates exemption from work permit

7. Legal and Practical Limitations

7.1 No Land Ownership

• SMART Visa holders cannot directly own land, per the Land Code

• May lease land or own condominiums within foreign ownership quota

7.2 Income Tax Obligations

• If residing in Thailand ≥180 days/year, holders become tax residents

• Subject to:

  • 5–35% progressive income tax

  • Taxation of foreign income remitted into Thailand in the same year

7.3 Visa Revocation

Grounds for revocation:

• Employment termination

• Business failure or dissolution

• Criminal conviction

• Breach of visa conditions

• Misrepresentation in application

Revocation leads to immediate expiration of visa and possible removal from the country.

8. Comparison with Other Visa Types

9. Practical Use Cases

• Biotech researcher employed by a BOI-promoted firm qualifies under SMART T

• Investor injecting capital into a government-endorsed AI startup uses SMART I

• Startup founder in digital health with adequate savings applies for SMART S

• Executive with global experience joins an industrial automation firm under SMART E

10. Compliance and Renewal

• Visa must be renewed before expiration

• Must maintain:

  • Valid employment or investment relationship

  • Good immigration record

  • Continued relevance to target industries

• Changes in employment must be reported to BOI and Immigration Bureau

Conclusion

The Thailand SMART Visa represents a significant advancement in the country’s immigration and economic policy, aimed at attracting skilled talent and innovation-driven investment into strategically important sectors. It offers unparalleled flexibility, including a four-year validity, work permit exemption, and legal stay for dependents with work rights.

However, the visa is strictly regulated, requiring continued compliance with employment, investment, or business formation commitments. It does not lead to permanent residency, and it does not provide tax exemptions unless used strategically in combination with BOI or LTR frameworks.

For qualified individuals and organizations in the S-Curve industries, the SMART Visa remains one of the most progressive legal tools for legally residing and contributing to the Thai economy in a compliant and high-impact manner.