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The legalities of being a digital nomad?


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Hi all.

 

I'll be in Thailand for 2 months next month. I'm a contract software engineer, and can work from anywhere.

My plan is to take a week off, and then pretty much back to work i.e. 40 hour week.

 

I like the idea of using shared office space (rather than setting up, and spending all day in my apartment).

 

As these are public buildings, I'm a little concerned as to the legalities of working remotely while in Thailand. 

So...is is technically illegal doing what I do?, does anybody care?, etc.

 

Many thanks

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1 hour ago, BritTim said:

There are co-working spaces all over Thailand. According to the letter of the outdated Alien Employment Act, working as a digital nomad would not be allowed. It is quite clear that, at this stage, it is tolerated. There are thousands of digital nomads in Thailand, and they are left alone. Stay abreast of future developments, but for the moment you will be fine.

The Alien Employment Act does not apply to the OP as he is not being employed by a company legally to operating in Thailand. There is nothing in the Alien Employment Act stopping a DN being employed by a company in Thailand. It is the Immigration Act that stops DN's from working at their occupation in Thailand without permission.

Edited by elviajero
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7 hours ago, BuddyDean said:

Workspace is a bad idea.  Spend the money on a bigger place.  The DNs are visa running losers.  Those making good money online, keep it close to the vest.

If you knew how much some of them made i'm sure you wouldn't be calling them losers,

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9 hours ago, Happy enough said:

i used to work remotely. it is a grey area. you can't get a work permit as you aren't working for a thai company. as it stands they leave you alone because they still want you here spending. and i got this also before i started doing it lasy year from a good thai lawyer friend i've known for years at baker mackenzie not some farts that can't make cash in thailand so scare monger other people. i now have a permit again as have to do some business within thailand so i had no choice. what you are going to be doing they just turn a blind eye. the subject is tiresome for me as some on this forum just won't accept. put it this way, last year i was working for my UK company remotely from a friends office, he has a medium size firm here and has for many years. he got rid of a new starter girl as she was useless and she called the labour department to say there was a foreigner working without a permit. they came to the offices and i was set there working away. i said i don't work in this company just come to see my friend and use his desk sometimes. they checked my emails and i showed them that all my work was in the UK and even got invoices that i had emailed out in the past and married them up to my online banking which i showed them and they were fine. very nice actually. just carry on basically. i was doing it a good 6 months when they showed up. really, don;t worry about it

 

It is possible to get a work permit if you work in Thailand for foreign clients in software / web development or IT, by using a local umbrella company to sponsor a work permit and appropriate visa (but yes, it's correct as you said that you indeed need the WP from a local company). However, someone like OP this is not really needed if they only stay a couple of months - more relevant for people staying longer term. 

 

Interesting story by the way and nice to see that they were so reasonable in that situation. 

 

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15 hours ago, mockingbird said:

Apologies if this topic has been done to death. I'm a very infrequent user of this form.

Thanks for the response.

There are numerous threads about working as digital nomad in Thailand. In theory it's "technically" illegal. However, if you are working for foreign clients only, and keeping a low profile – including not sitting in the pub in evenings ane tell others what you are doing for living, officially live from your savings – nothing probably happens. Presume quite a number of folk are doing the same for a living here, as you plan to do; "presume", as they seem to keep it under the radar. I would not recommend using a shared office space, but keeping the work strictly private; sitting behind a computer all day could as well be that you invest your hard worked savings in the stock market, or you are a ThaiVisa forum addict...:wink:

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13 minutes ago, The manic said:

How much are they making and how?

As to the "how" of it - basically

  • Anything that needs to be done to a computing-device anywhere in the world, if it can be connected to the Internet
  • The writing of code to be used on hardware not usually connected to the Internet, usually written using a simulator for the hardware (robotics, medical-devices, etc)
  • Managing of computer-networks / networking-functionality (routing / firewalls / routing-hardware-configuration, etc)
  • Any business function which is performed on a computing device or network (accounting, custom report generation, etc)
  • Operating one's own online-business that sells goods or services
  • Sale of products through an existing online-business (Amazon resellers, etc)

Earnings vary, according to many factors.

Edited by JackThompson
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21 minutes ago, The manic said:

How much are they making and how?

The most I have heard of for a digital nomad spending the bulk of his time in Thailand was about US$70,000 per month. He is a consultant in big data technologies, and commands a basic rate of US$3,000 per day, extra when travel is involved. Digital nomads run the gamut from people barely surviving to some making extremely good money. Most with huge earnings tend not to be based in Thailand, but you can run into them almost everywhere.

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Just now, BritTim said:

The most I have heard of for a digital nomad spending the bulk of his time in Thailand was about US$70,000 per month. He is a consultant in big data technologies, and commands a basic rate of US$3,000 per day, extra when travel is involved. Digital nomads run the gamut from people barely surviving to some making extremely good money. Most with huge earnings tend not to be based in Thailand, but you can run into them almost everywhere.

f***! now that's a nice earner, and i thought i was doing well 555

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Its illegal, without question doubt or wiggle room, to work online from Thailand without a work permit which is too complex and expensive for most nomads to bother with. 

 

Enforcement is a totally different issue, like almost every law in Thailand, from riding with a helmet to bar closures to prostitution, its poorly enforced. This is especially the case with a poor developing world country so highly dependent on tourism. 

 

The labour dept have been crystal clear in all formal discussion that online work, even without Thai clients or in fact any clients (adsense, affiliate, etc) requires a work permit and not having one is an offense. 

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they raided shared office space in chiang mai once and everyone was let go, despite not having work permits etc. once its proven that money is coming from abroad it seems to be ok.

chiang mai immigration chief said also that unofficially its ok to work on tourist visa as long as money is coming from abroad.

so avoid having thai clients and you should be fine.

 

technically it could still be argued that you need a work permit. but unless policy changes nobody seems to care.

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