Working for Malaysian company from Thailand

[TheLonelyGrind]

Hi all,

I have a British Passport working for a Malaysian company. They let me work from anywhere and I'd like to work from Thailand.

I earn over 100k THB/Month. I would want to buy car and motorbike but will most likely be renting house or studio.

There is no marriage in sight.

 

What type of Visa/permits would I need to be able to settle comfortably in Thailand.

 

Thanks in advance.

 

[ubonjoe]

Unless the company was registered here and had Thai employees there would be no visa and extension of stay you could get based upon your job.

To legally work here you need a work permit. But if working from home and keeping a low profile you could do it.

You could get a Thai Elite program to get a visa that allow you to have a multiple entry visa valid for 5 years that would allow unlimited on year entries. The memberships available from 5 to 20 years. See: https://www.thailandelite.com/home#/

 

[overherebc]

If performing the work 'in' Thailand a WP will be needed.

How to get the Non B visa required I'm not sure.

[elviajero]

You are not legally allowed to work in Thailand without permission, even if working for a foreign company. You won't get permission so you need to keep your work activities off the radar.

 

• If you are over 50 you can could apply for Non-immigrant 'O' or 'O-A' visa based on 'retirement" (being over 50). That will give you the options of 1 year stay permits that can be renewed each year.
• If you are prepared to pay a min of 500K you can join the Thailand Elite Scheme. That would give you a 5 year multiple entry "Privilege Entry" visa. Every time you enter with this visa your granted a new 1 year permit to stay. If you don't want to leave each year you can apply for an extension of stay at immigration for 1,900 baht.

[anon789561]

use tourist visas for a while and see how you get on. no worries working for the malaysian firm here remotely. just make sure they/well you aren't making money within thailand and they'll leave you alone. longer term start thinking about tax and other visas

[TheLonelyGrind]

Thanks for all your replies.

 

I was afraid there would not be an elegant solution.

Is it possible to buy motorbike/car on tourist visa, I seem to remember this was not the case.

 

When going the elite route I still have the issue of working right?

 

I heard about setting up own company, would this be a better option?

 

I will look up estimate costs, if any of you know it by heart feel free to save me some time and chip in.

 

 

 

 

[Happy Grumpy]

It depends what 'work' you are doing.

 

If you are holding meetings, etc etc you would need a WP etc.

 

If you are simply working remotely - purely online, then you can do this on a Tourist Visa. This ppoint came up in a public seminar held by the immigration department where it was clarified.

 

"If you are working for a Thai company, you will need a non-immigrant (type  visa and then a work permit in order to work legally.

If you are a ‘digital nomad’ running your own business on the internet, the immigration office says you can do this on a tourist visa."

Immigration Superintendent Pol. Col. Rutphong Sanwanangkun"

 

If you are working remotely for a non-Thai company with no Thais involved, here are a list of places where you can do so:

 

https://www.thethailandlife.com/coworking-space-bangkok

 

 

You pay per day, work remotely using their office spaces. As Immigration Superintendent Pol. Col. Rutphong Sanwanangkun stated, you can do this on a tourist visa. 

 

[TheLonelyGrind]

16 minutes ago, Happy Grumpy said:

It depends what 'work' you are doing.

 

If you are holding meetings, etc etc you would need a WP etc.

 

If you are simply working remotely - purely online, then you can do this on a Tourist Visa. This ppoint came up in a public seminar held by the immigration department where it was clarified.

 

"If you are working for a Thai company, you will need a non-immigrant (type  visa and then a work permit in order to work legally.

If you are a ‘digital nomad’ running your own business on the internet, the immigration office says you can do this on a tourist visa."

Immigration Superintendent Pol. Col. Rutphong Sanwanangkun"

 

If you are working remotely for a non-Thai company with no Thais involved, here are a list of places where you can do so:

 

https://www.thethailandlife.com/coworking-space-bangkok

 

 

You pay per day, work remotely using their office spaces. As Immigration Superintendent Pol. Col. Rutphong Sanwanangkun stated, you can do this on a tourist visa. 

 

That is amazing. Such progress to ten years ago. But what is the latest limit on amount of tourist visa's in a row. I remember this was a problem 5-10 years ago and thought it only got worse?

[TheLonelyGrind]

Quote

Conclusion In a Nutshell: Can a Digital Nomad Work in Chiang Mai, Thailand?

• It is Illegal to work as a digital nomad on a tourist visa
• Immigration say they are not concerned with Nomads working at home, at cafe or on their first (possible 2nd) Tourist Visa
• Immigration appear to be concerned with Nomads (or anyone) using multiple Tourist Visas and using ‘Offices’ (essentially not a Tourist but living here)
• Immigration are concerned with Nomads (or anyone) promoting they are working and making money in Thailand without a Work Permit.
• Almost all opinions shared by the community come from repeating misquoted or cherry picking original sources
• Chiang Mai Immigration are still actively investigating and collecting evidence
• It seems only nomads fitting a certain profile are at risk

It is important to note that sources I have obtained my information from have said nothing officially.  This information is admittedly given as hearsay from me to blog post.  But, (and it is an important but) – This information comes from people working in the legal and immigration systems in Chiang Mai.
Let’s be realistic from the start, why would anyone go on record placing themselves in the hot seat for a ‘blog post’? 

_{source: https://chiangmaibuddy.com/can-a-digital-nomad-work-in-chiang-mai/}

 

Looks like a no go for long term stay.

[Happy Grumpy]

2 minutes ago, TheLonelyGrind said:

This information is admittedly given as hearsay from me to blog post.

 

25 minutes ago, Happy Grumpy said:

"If you are working for a Thai company, you will need a non-immigrant (type  visa and then a work permit in order to work legally.

If you are a ‘digital nomad’ running your own business on the internet, the immigration office says you can do this on a tourist visa."

Immigration Superintendent Pol. Col. Rutphong Sanwanangkun"

 

I see a difference in sources.

 

 

[TheLonelyGrind]

Quote

What the Lawyer Told Me

Cutting to the chase because you have had to read a bit to get to this point.  Here are the main points

• The person quoted in all the press statements from Immigration is a spokesperson he does not make decisions, there is another section that does this.
• It is illegal to work in Thailand on a Tourist Visa – that’s it bottom line
• Immigration needs to prove in court that someone is breaking the law to get them deported
• Immigration is now actively collecting this evidence for future arrests to provide proof
• Punspace was not a bungled misunderstanding, they knew what a nomad was, and got statements as evidence
• Immigration’s investigators are likely to have joined and monitoring Facebook groups and nomad forums to ‘watch & record’
• Not every Digital Nomad needs to be worried

 

From the same blog post...

 

Not saying your wrong. I hope you're not, it would be awesome.

I guess as long as I don't say I work and not work from an "office space" I could be fine.

TBH I dont mind paying some fees to get permits/ set up a company if they won't be extortionate.

So is it possible to buy a car/motorbike on tourist visa? How about bank account?

[TheLonelyGrind]

Wow what is this:

https://www.locationindependent.co.uk/thai-smart-visa/

Edited May 9, 2018 by TheLonelyGrind
thai websites can sometimes do weird things

[TheLonelyGrind]

8 minutes ago, TheLonelyGrind said:

Wow what is this:

https://www.locationindependent.co.uk/thai-smart-visa/

The smart s visa looks pretty good

 

Quote

5) As a project/startup founder, do you have 600,000 baht (£14K/$19K) in a bank account somewhere.
If you haven’t, this visa isn’t for you. If you have, you could qualify for the S visa.

 

Edited May 9, 2018 by TheLonelyGrind

[TheLonelyGrind]

6 minutes ago, TheLonelyGrind said:

The smart s visa looks pretty good

 

 

Turns out it sucks as the 600k has to be locked savings. Which is an absolute waste in the current cryptosphere.

[Happy Grumpy]

12 minutes ago, TheLonelyGrind said:

not work from an "office space" I could be fine.

 

There's nothing wrong with working remotely from a co-working space on a Tourist Visa.

 

The authorities incorrectly thought that a load of foreigners who were working remotely in a co-working office were working in Thailand, and incorrectly raided the premises.

 

When they realized their mistake. That they were all working remotely and not for a Thai company/business or company/business in Thailand, all released with apologies.

 

"The Punspace members were all released from the immigration office by around 3pm, after officials verified none of the 11 had overstayed their visas, been blacklisted or were working illegally.

 

 

Foreigners working for a Thai firm must hold a valid non-immigrant (Type visa, but so-called ‘digital nomads’ – who are often self-employed – can sidestep that requirement.

Chiang Mai Immigration Superintendent Pol. Col. Rutphong Sanwanangkun assured business leaders and foreign consular officials last month that ‘digital nomads’ are permitted to use tourists visas."

 

 

https://asiancorrespondent.com/2014/10/thailand-immigration-officials-raid-chiang-mai-co-working-space/

 

[JackThompson]

Opening a business is not a small thing here for foreigners - figure 2M Baht capital for starters, and to get a work-permit, you will need 4 Thais hired.  Add in accountant / lawyer fees, etc.

 

If willing to throw away over $600 USD/mo, you could bill partly through a company called "Iglu".  They take 1/3 of the money, on a min ~$2K USD/mo, and provide paperwork for a B-Visa and Work Permit. 

[onera1961]

5 hours ago, TheLonelyGrind said:

When going the elite route I still have the issue of working right?

Yes, Elite visa is a kind of Tourist visa but valid for 5 years minimum. For legally working, you need a work permit. As others have mentioned, if you're a digital nomad, you will be fine. If the Malaysian company does not have any issue about Tax implications in Thailand, etc.

[elviajero]

28 minutes ago, onera1961 said:

As others have mentioned, if you're a digital nomad, you will be fine.

Being a “digital nomad” makes no difference whatsoever. The Thai authorities are happy for any “tourist” keeping up with their work/business whilst holidaying in the country. 

 

Being a a digital nomad doesn’t give licence to live in the country long term as a tourist.

[Happy Grumpy]

2 hours ago, elviajero said:

Being a a digital nomad doesn’t give licence to live in the country long term as a tourist.

 

This is absolutely true.

 

 

While here for tourism, education, Thai spouse/child, retirement, you can get visas for these, and if you work remotely (purely online) for a non-Thai company or company that has no connection to Thailand, you can do this legally without a WP and while here on the visa based on your reason for being here (tourism, education, etc.)

[onera1961]

2 hours ago, elviajero said:

Being a a digital nomad doesn’t give licence to live in the country long term as a tourist.

Agreed but nothing gives a license to live in Thailand long-term as a tourist and by definition a "nomad" will not stick around a country for long. 

[elviajero]

1 hour ago, onera1961 said:

Agreed but nothing gives a license to live in Thailand long-term as a tourist and by definition a "nomad" will not stick around a country for long. 

The PE visa does.

 

It seems anyone that make a living from the internet is calling themselves a “digital nomad”. However, few seem to be “nomads” and are sticking around for years.

 

My point was that, contrary to the spin put out by the “nomad” community, the Thai authorities have never given any indication that “digital nomads” have dispensation to live in the country long term as tourists.

[bkkcanuck8]

On 2018-05-09 at 10:57 PM, elviajero said:

The PE visa does.

 

It seems anyone that make a living from the internet is calling themselves a “digital nomad”. However, few seem to be “nomads” and are sticking around for years.

 

My point was that, contrary to the spin put out by the “nomad” community, the Thai authorities have never given any indication that “digital nomads” have dispensation to live in the country long term as tourists.

That is what I like to call "Non-Nomadic Digital Nomads" (NNDNs).

 

The focus of immigration is to "protect" the local labour marketplace.  What will put a "digital nomad" at risk is doing ANY business with ANY company that has offices or a presence in Thailand.  Doing anything that requires a physical presence in Thailand (running an export business) -- where they would see you in competition with local labour.   Doing anything that is otherwise illegal in Thailand (professional gambler).  Doing anything where if you get rejected entry - your business folds.

 

Thai authorities are not stupid, they know it goes on, and for now, they chose to ignore it.  This does not mean that they won't change and chose no longer to ignore it... but that is effectively what happens when you operate in the grey zone.   To put it simply, anyone that is not a resident or a citizen of this country has no right to reside or visit this country -- it is considered a privilege (that includes all people with WP, retirees and "tourists").   If/When Thai authorities want to close this "loophole" they can be very simply enforcing a maximum of 180 days on any combination of tourist or visa waivers (per year).  They don't, not because they are stupid, because it is either not important to them to do so -- or they see no benefit to doing so.

 

The difference between a PE and a tourist visa - is rather small - a tourist visa you effectively have to reapply anew every 90 days to be allowed to enter and stay for up to 90 days.  With a PE visa - you don't for 5 to 20 years.  Neither gives you a license or right to reside in Thailand as both can be revoked at any time.  If you read the PE visa -- they can cancel it at any time and reimburse you the prorated amount if the government chooses to close it.

Edited May 13, 2018 by bkkcanuck8