Thailand has enacted its first formal deportation procedure, taking effect on 28 August 2026. The new Office of the Prime Minister Regulation on Deportation creates a structured process for removing foreign nationals who breach immigration or work‑permit rules and introduces the possibility of re‑entry bans, even in cases without a criminal conviction.
Key elements of the regulation
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Deportation for immigration and work‑permit violations – Foreign nationals convicted of offenses such as working outside the scope authorized by their work permit may be subject to a formal deportation process after serving any imposed sentence. A re‑entry ban can be imposed in addition to the deportation.
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Deportation without a criminal conviction – The regulation adds a separate ground for removal based on conduct deemed “contrary to public order, good morals or the wellbeing of the public.” A criminal conviction is not required for this ground.
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Liability for supporters or instigators – Individuals who assist, encourage, or otherwise facilitate the covered offenses may also be subject to deportation and any associated re‑entry restrictions. This extends potential penalties to employers and other third parties.
Implications for employers
Employers who sponsor foreign workers must ensure that the actual duties performed align precisely with the activities listed on the employee’s work permit. Particular attention is needed when:
- An employee’s role or responsibilities change.
- Work assignments are altered, potentially expanding the scope of duties.
- New projects or tasks are introduced that fall outside the permitted occupation.
Failure to maintain this alignment can trigger the deportation process and possible bans on future entry for the employee, and may expose the employer to the same sanctions.
Practical compliance steps
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Regularly review work‑permit details – Keep an up‑to‑date record of each foreign employee’s permitted occupation, employer name, and scope of work.
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Monitor role changes – Implement an internal approval workflow for any modification to job duties, ensuring that changes are reflected in the work‑permit application before they take effect.
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Document compliance – Maintain logs of work activities, assignments, and any communications with immigration authorities to demonstrate adherence to permit conditions.
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Train HR and line managers – Ensure that staff responsible for supervising foreign workers understand the limits of the work permit and the consequences of non‑compliance.
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Conduct periodic audits – Periodically verify that all foreign employees are operating within their authorized scope and that any deviations are promptly corrected.
Related immigration updates
- Digital Arrival Card – Required for all arrivals starting 1 May 2025.
- Electronic Travel Authorization (eTA) – New eTA will be mandatory for entry, with implementation dates to be announced.
These concurrent changes reinforce Thailand’s broader move toward tighter immigration control and digital processing of entry requirements. Employers and foreign nationals should treat compliance as an ongoing priority to avoid the heightened risks introduced by the new deportation framework.
Source article: newlandchase.com
