Working On An Education Visa

[nemo38]

Is it possible to work under an education visa in Thailand or is work prohibited.

I'm not planning to do this. I'm just curious.

[onethailand]

Absolutely not.

[meadish_sweetball]

To work, you need a work permit that specifies the type of work you are allowed to do.

This work permit is issued by the ministry of labour, provided you have a.) A Non Immigrant B or b.) A non Immigrant O visa

Hence, to work you would first need to change to either of those visas, and then get a work permit from the Ministry of Labour.

[nemo38]

Thanks for your unequivocal response.

I spoke to someone who said that they were doing this. Now I gather they must been working unofficially.

What the heck are these people (who are working on ED visas) doing? English teachers bring in 30k+ a month (i.e. not much) but regular jobs pay 5000-6000 a month which must make it tough to live.

[CWMcMurray]

Thanks for your unequivocal response.

I spoke to someone who said that they were doing this. Now I gather they must been working unofficially.

What the heck are these people (who are working on ED visas) doing? English teachers bring in 30k+ a month (i.e. not much) but regular jobs pay 5000-6000 a month which must make it tough to live.

You used to be able to get a work permit under an education visa but not anymore, so depending upon when he told you this he may have been working legally with an "ed" and a work permit.

Next, if he is a full time student doing an internship through his university he can do it legally. All he would need to do is get a letter from the university stating that the internship is a required part of the degree program and have them list the name of the company and the dates that he will be working.

Then take this to the immigration office and turn it in at the same window they go to for their visa extensions. If you do this then you are legal and do not need a work permit. This is what I was told last week at the immigration office. Previously you would be allowed to get a work permit with a "ed" visa but since you can't anymore this is what you have to do. The lady I spoke with wasn't certain and then asked her supervisor and this is what I was told.

Also remember that it is possible to get a paid internship,so again he may be working legally.

Lastly, are you sure he is on an "ed" visa? If he is on a "O" or a "B" he can get a work permit and he is still allowed to study. I asked my school about this and was told I didn't need to be on an "ed" visa in order to study.

[onethailand]

Then take this to the immigration office and turn it in at the same window they go to for their visa extensions. If you do this then you are legal and do not need a work permit. This is what I was told last week at the immigration office.

This cannot be correct, I would like to know who you heard this from. The Labour Department has repeatedly and consistently said that you *must* have a work permit to undertake any type of work, even volunteer work, as was the case after the tsunami.

The Immigration Department is *not* the body responsible for determining your right to work, it only determines your right to be in the country.

Therefore, the only way you would be able to work under an educational visa is to obtain a work permit from the Labour Department - using the documentation you mentioned above I can certainly see that being possible, but definitely not permitted *without* the work permit.

[CWMcMurray]

When I was at immigration getting my extension for my "ed" I asked about getting a work permit and was told that with a non im "ed" you can no longer get a work permit. I then asked, "As a full time student I am required to do a internship in order to graduate, if I can't get a work permit with an "ed" does this mean that I can not fulfill my obligations to study with out changing my visa in order to qualify for a work permit, since it is not posible, I repeat not posible to get a work permit with a student visa.

Or does this mean I do not need a work permit?

I explained all of this in Thai and she understood exactly what I meant and she wasn't sure what the answer was. She turned around and started to explain my situation to her supervisor behind her. I could hear her and she explained almost exactly as I explained it above. The supervisor didn't even look up and she replied in a tone that sounded like she was reciting word for word something from a regulation. You know, that completely bored sounding voice... like this happens every day how come you don't know about this already; what I stated above is what she said to do.

If you think about it this makes more sense than the alternative... You come to study and are required to do an internship in order to graduate and are required to get a work permit only you are not allowed to get one with a "ed" visa so you have to change your visa, but to what? Most students are not married so no "o". What about a "b", do you think a company would go through all of that for an intern? For only 3 months? Who would be responsible for doing all of this, the student or the school or the company? So what then, no international students are allowed to graduate if they attend a Thai University?

If by somechance you get the "B" and the work permit and then you finish your internship and your work permit is cancelled and you have 7 days to leave the country and then you have to reapply for your education visa again.

It is considered a 12 credit class that you have to pay tuition for, you must also write a paper, give a presentation and will be graded; so even though you may be working why is it so hard to believe that they can't consider it to be part of your studies and covered by your "ed" visa.

At the end of the day if the people in charge of your ed visa say that this is considered to one of your classes and is covered by your visa as long as you notify them...

I think you would be right if they hadn't changed the regulations recently and you could still get a work permit with your "ed" visa. If what she said isn't correct things could get really messy for students here.

Edited August 26, 2007 by CWMcMurray

[CWMcMurray]

It is also important to note that I did not get this information about not being able to get a work permit from immigration alone. I also contacted both law firms that sponsor this site as well as another lawyer and was told by those in the know in previous posts on the visa/work permit forum. Every single one of them has told me that the regulations have changed and that is is not possible to get a work permit with an education visa.

Edited August 26, 2007 by CWMcMurray

[Maestro]

I am moving this to the forum “Thai visas, residency and work permits”.

--

Maestro

[simon43]

If it's now not allowed to work with an ED visa, what must one do to achieve that goal? I have an ED visa whilst I study 2 days per week for an MA at Chula Uni. But I also want to work in my hotel in Phuket for the other 5 days, (even for no salary). Do I therefor have to change my ED to an O (because I'm married)?

My ED visa was issued for 3 months, with the promise to extend it for a further year in September (provided that I had the relevant confirmation letter from the university). Since I'm just about to do that extension, does it make sense to change it to an O prior to the extension (if that;s possible)? Or can one change an ED visa to O immediately after it has been extended for a year?

Simon

[ajarnmark]

If it's now not allowed to work with an ED visa, what must one do to achieve that goal? I have an ED visa whilst I study 2 days per week for an MA at Chula Uni. But I also want to work in my hotel in Phuket for the other 5 days, (even for no salary). Do I therefor have to change my ED to an O (because I'm married)?

My ED visa was issued for 3 months, with the promise to extend it for a further year in September (provided that I had the relevant confirmation letter from the university). Since I'm just about to do that extension, does it make sense to change it to an O prior to the extension (if that;s possible)? Or can one change an ED visa to O immediately after it has been extended for a year?

Simon

How do you manage this?

[simon43]

Eh? Havn't you heard of planes and cars? I usually fly every week to/from Phuket. Or this week I drove since I needed the car in BKK to do some papers...

Simon

If I can afford the tuition fees at Chula, then I can certainly afford the plane fares

[CWMcMurray]

Thats the route I am going, change to an "o" and then get a work permit. The only thing I am waiting for now is the call from the lawyer to say whether I can change my visa status here in Thailand or if I will have to leave.

I have been informed by members of this forum that I should be able to do it here in Thailand but I haven't finished the process yet so I can't say for certain.

But if you want to apply for change of status here in Thailand you should extend first because if you don't have at least 21 days left on your visa you can't do it.

Edited August 26, 2007 by CWMcMurray

[simon43]

Good point re the 21 days. I'll extend and then saee if I can change it to an O. (Previously, I was able to change a tourist VOA to an ED at Suan Phu immigration, without needing to leave Thailand).

Simon

[onethailand]

It is also important to note that I did not get this information about not being able to get a work permit from immigration alone. I also contacted both law firms that sponsor this site as well as another lawyer and was told by those in the know in previous posts on the visa/work permit forum. Every single one of them has told me that the regulations have changed and that is is not possible to get a work permit with an education visa.

There is no way to skirt the regulations on employment, period. You must have a work permit in order to work, with no exceptions.

So, if you cannot get a work permit on an ED visa, you cannot work. The funny thing is that ED visas are also issued for teachers - so I suggest you find out how they manage to work on an ED visa. But you still need a work permit regardless.

Salary is not an issue. Volunteers are required to get work permits as well, as stupid as this may seem. In other words, if you work for free, you still need a work permit.

Edited August 27, 2007 by onethailand

[bkkguy1970]

Previously, I was able to change a tourist VOA to an ED at Suan Phu immigration, without needing to leave Thailand

when was this and what were the details?

when I tried this a few weeks ago the school said the Ministry of Education would not issue the required letter addressed to Immigration (only addressed to the Consulate) and Immigration said without the letter addressed to them they would not issue the visa. they also insisted on seeing originals of school registration etc not just certified copies

bkkguy

[simon43]

bkkguy1997 - I was told by the guys at Suan Phu that they only make these visa changes for Chula students! Honest! They told me that if it were any other uni or private school then they would not make this visa change and I'd have to make the change outside of Thailand.

Simon

[CWMcMurray]

It is also important to note that I did not get this information about not being able to get a work permit from immigration alone. I also contacted both law firms that sponsor this site as well as another lawyer and was told by those in the know in previous posts on the visa/work permit forum. Every single one of them has told me that the regulations have changed and that is is not possible to get a work permit with an education visa.

There is no way to skirt the regulations on employment, period. You must have a work permit in order to work, with no exceptions.

So, if you cannot get a work permit on an ED visa, you cannot work. The funny thing is that ED visas are also issued for teachers - so I suggest you find out how they manage to work on an ED visa. But you still need a work permit regardless.

Salary is not an issue. Volunteers are required to get work permits as well, as stupid as this may seem. In other words, if you work for free, you still need a work permit.

So where and when and from whom did you get your information? To whom have you talked to that told you specifically that an internship is considered working and who has told you that it is posible to get a work permit with an ed visa? Specifically, rather than blanket broad statements if posible.

[CWMcMurray]

Secondly why do you consider it working and not studying?

This sounds like a battle between two government agencies and I some how doubt that anyone would get deported for following the procedure set in place by immigration and the ministry of education.

Who do you think would win, immigration and the ministry of education vs. the labor department and what kind of message do you think it would send tothe world if Thailand deported students for fulfilling their obligations for their degree programs under the argument that the education visa they were given didnt allow them to fulfilling those same obligations.

You say that the labor department says I am working and I say that both the minisrty of education and the immigration department say that I am not and the labor department has no reason to be involved.

That being said... I have other options available to me and I will be changing my visa and getting a work permit but my case is the exception that proves the rule. Most students do not have the option to change their visa. They can either get a non im ed or a tourist, so this whole discussion is more about the average student rather than about my personal situation.

[onethailand]

So where and when and from whom did you get your information? To whom have you talked to that told you specifically that an internship is considered working and who has told you that it is posible to get a work permit with an ed visa? Specifically, rather than blanket broad statements if posible.

I did not say it is possible to get a work permit with an ED visa. I did say that I can see it being possible given the documentation that you would have to provide.

I did not say that an internship is considered working, either.

I said that it is not possible to work without a work permit.

Secondly why do you consider it working and not studying?

I don't consider it anything. ED visas are issued for both students and teachers.

This sounds like a battle between two government agencies and I some how doubt that anyone would get deported for following the procedure set in place by immigration and the ministry of education.

No one mentioned anything about deportation, first of all - I simply said it was illegal. And it is not a battle between two government agencies either. Neither Immigration nor the Ministry of Education have any say in who is allowed to work in Thailand and who isn't. Immigration determines your right to enter or remain in the country. Education may determine your right to be able to study in Thailand. And Labour determines whether you are allowed to work or not.

Who do you think would win, immigration and the ministry of education vs. the labor department and what kind of message do you think it would send tothe world if Thailand deported students for fulfilling their obligations for their degree programs under the argument that the education visa they were given didnt allow them to fulfilling those same obligations.

Unfortunately, the Labour Department will win. And you are talking about a message that no one said was going to be sent.

You say that the labor department says I am working and I say that both the minisrty of education and the immigration department say that I am not and the labor department has no reason to be involved.

This depends on what you are doing. You said yourself that you didn't need a work permit to work. If you are not working, then you are not breaching your conditions of stay. You had better make sure, however, that whatever it is you are doing is not classified as work by the Labour Department. The Ministry of Education knows this, and so does the Immigration Department, and they will not challenge a ruling by the Labour Department if it ever comes to that. Furthermore, if you are adjudged to have breached your conditions of stay, then the Immigration Department will revoke your visa, no matter what the Ministry of Education says.

Edited August 27, 2007 by onethailand

[CWMcMurray]

I did not say it is possible to get a work permit with an ED visa. I did say that I can see it being possible given the documentation that you would have to provide.

I did not say that an internship is considered working, either.

I said that it is not possible to work without a work permit.

So what are you saying? These are the million dollar questions. If you don't know it is ok to say so, I can't really find any sort of consensus either.

I don't consider it anything. ED visas are issued for both students and teachers

So if teachers are being given non ed visas how are they getting work permits? Or was this something that happened in the past before they changed the policy that you can not get a work permit with a non im ed?

No one mentioned anything about deportation, first of all - I simply said it was illegal

If your found to be working illegally and your visa is revoked doesn't that mean you have to leave volluntarily or be deported? I have to admit my ignorance in this area.

And it is not a battle between two government agencies either. Neither Immigration nor the Ministry of Education have any say in who is allowed to work in Thailand and who isn't. Immigration determines your right to enter or remain in the country. Education may determine your right to be able to study in Thailand. And Labour determines whether you are allowed to work or not.

And doesn't the education department also decide what is included in studying? This is a bit a gray area presently as far as I can tell, do you know where the labor department falls on this issue?

Unfortunately, the Labour Department will win. And you are talking about a message that no one said was going to be sent

You may well be right, has there ever been any sort of case dealing with this type of situation? I would hope that would never occur but if it did wouldn't that message be the outcome if the student's visa was revoked?

This depends on what you are doing. You said yourself that you didn't need a work permit to work.

I said this to illustrate the point that the OP might believe that this person is working but he may actually be studying. This was to show that he may not have all of the facts and he may be jumping the gun to say that he is working. Perphaps I should have put it in quotes "working"

If you are not working, then you are not breaching your conditions of stay. You had better make sure, however, that whatever it is you are doing is not classified as work by the Labour Department. The Ministry of Education knows this, and so does the Immigration Department, and they will not challenge a ruling by the Labour Department if it ever comes to that. Furthermore, if you are adjudged to have breached your conditions of stay, then the Immigration Department will revoke your visa, no matter what the Ministry of Education says.

How can you be so sure of this? Are you saying there will be no discussion between the labor department and the education department on what constitutes work and what is studying? Are there any cases on point? I have tried to find out information from anywhere and everywhere and the only place I got a straight answer or really any answer that sounded like more than a guess specifically about interns enrolled at a full time Thai University was at immigration.

Again I am not willing to risk this and I will be changing my visa (I am married, so this option is available to me) and I will be getting a work permit(the company agreed to do this for me). But the question still remains what is the correct procedure for a international student who needs an internship in order to graduate who can not qualify for anything but an education visa supposed to do? Is there some regulation to deal with this very specific situation in the labor law now that you can not get a work permit with an ed. Or are there exceptions to getting a work permit with an ed visa and would this qualify under any such exception?

I have a friend who is study at the same school as me and will need to do an internship around new year and I would really like to be able to tell him with some level of certainty what he needs to do.He will not be able to change his visa, he has a non im ed and is will not be able to qualify for any other type of visa. So what should he do.

P.S. I couldn't get the quote thing to work, so I had it put it in italics

[onethailand]

I did not say that an internship is considered working, either.

Then it is irrelevant to this discussion. We are talking about working without a work permit.

I said that it is not possible to work without a work permit.

So what are you saying? These are the million dollar questions. If you don't know it is ok to say so, I can't really find any sort of consensus either.

http://www.thaivisa.com/288.0.html

You really could've found it yourself.

So if teachers are being given non ed visas how are they getting work permits? Or was this something that happened in the past before they changed the policy that you can not get a work permit with a non im ed?

Teachers are supposed to get ED visas.

http://www.thaivisa.com/279.0.html

If your found to be working illegally and your visa is revoked doesn't that mean you have to leave volluntarily or be deported? I have to admit my ignorance in this area.

Are you going to run right to the nearest immigration office to turn yourself in if you discover that your visa has been revoked? Or rather, how are you going to know your visa is being revoked unless you pass through an immigration checkpoint? Immigration doesn't have thousands of spare staff to chase after people without a valid visa - nor do the police.

And doesn't the education department also decide what is included in studying? This is a bit a gray area presently as far as I can tell, do you know where the labor department falls on this issue?

Can the Education Department say that dealing in a controlled substance is included in studying? I think not. And that also includes work.

http://www.thaivisa.com/288.0.html

You may well be right, has there ever been any sort of case dealing with this type of situation? I would hope that would never occur but if it did wouldn't that message be the outcome if the student's visa was revoked?

I suspect it happens quite often. And I doubt that they are going to heavily crack down on this type of situation - but as I said before, you cannot work without a work permit. I don't presume any outcome so I think it's a bit far-fetched to believe that someone being deported for violating the terms of the ED visa is going to send any strong message to anyone - they have plenty more to worry about, like security, or drugs, etc.

I said this to illustrate the point that the OP might believe that this person is working but he may actually be studying. This was to show that he may not have all of the facts and he may be jumping the gun to say that he is working. Perphaps I should have put it in quotes "working"

http://www.thaivisa.com/288.0.html

If you had searched and read this one page I think you will see it's clear that the Labour Department can determine what work is at their own discretion - or the police on their behalf. The "facts" may or may not matter - it's what they believe (or want to believe) that counts - so better you don't give them any excuse at all. Laws in Thailand are not nearly as clear-cut as they are in Westernized countries.

How can you be so sure of this? Are you saying there will be no discussion between the labor department and the education department on what constitutes work and what is studying? Are there any cases on point? I have tried to find out information from anywhere and everywhere and the only place I got a straight answer or really any answer that sounded like more than a guess specifically about interns enrolled at a full time Thai University was at immigration.

See above. You will be the one who will need to convince Immigration or the police that you are not working illegally - they are not going to care if you cannot defend yourself and some big mouth outs you.

Again I am not willing to risk this and I will be changing my visa (I am married, so this option is available to me) and I will be getting a work permit(the company agreed to do this for me). But the question still remains what is the correct procedure for a international student who needs an internship in order to graduate who can not qualify for anything but an education visa supposed to do? Is there some regulation to deal with this very specific situation in the labor law now that you can not get a work permit with an ed. Or are there exceptions to getting a work permit with an ed visa and would this qualify under any such exception?

http://www.thaivisa.com/288.0.html

Once and for all - All aliens engaged in any kind of work in Thailand must hold a valid work permit, issued principally by the Department of Employment of the Ministry of Labor and Social Welfare pursuant to the Alien Employment Act B.E. 2521 (A.D. 1978).

Edited August 27, 2007 by onethailand

[CWMcMurray]

Ok I am done arguing with you, it seems you don't have any answers either. It seems that the most important question is whether or not an internship is considered working, it is hardly irrelevant. If it is, then how would he/she get a work permit on an non im ED?

I am looking for anyone who has any information specifically about the legality of interns enrolled at a Thai University and what they would need to do.

Again specific information dealing with interns specifically and not interns enrolled at universities over seas.

Thank you

[onethailand]

Ok I am done arguing with you, it seems you don't have any answers either. It seems that the most important question is whether or not an internship is considered working, it is hardly irrelevant. If it is, then how would he/she get a work permit on an non im ED?

I am looking for anyone who has any information specifically about the legality of interns enrolled at a Thai University and what they would need to do.

Again specific information dealing with interns specifically and not interns enrolled at universities over seas.

Thank you

I suggest you start a new thread for that.

In the meantime, as I have already pointed out, the nature of the internship will determine whether the Labour Department will classify it as work or not - you cannot say that an internship is or is not work. Your point continues to be totally irrelevant unless you clearly admit that you are working - and then a work permit is required. If your internship does not involve work, then you are not in need of a work permit.

Simple as that. I gave you the only possible answers to your question and you're not happy with them - sorry I can't help any more than that. You're not going to find any better answers short of going to the Labour Ministry and asking them yourself.

I'm not quite sure what it is with some people who think the only answer is the answer they want to hear - anything else and they completely ignore what is being said. I don't blame you for that, and there have been a few others in other threads that I've participated in, but I wish you would at least read and consider what has been said rather than avoiding it and looking for a loophole which probably doesn't exist.

Edited August 27, 2007 by onethailand

[Jimjim]

OneThailand, I think you were completely missing the point. The original thread was about getting a work permit on ED visa, right? No work permit is allowed on this visa. Fine, conversation over.

However, CW was talking about something else. An internship, in the real world, could be considered work. But according to the multiple sources CW found, he is able to "work" in an internship that is part of his university study credits. The government is not classifying this as work in that he doesn't need a work permit, and merely needs a letter. He is not saying this is not work, but the lawyers and immigration department are saying it is not work and he won't have any problem with the Labor department as long as he follows their instructions.

I really don't see why you argued so much about it. That's it. Don't confuse the issue. I think you two aren't quite talking about the same thing so a lot of what you say isn't helpful. I think CW already has his answer, not because it's what he wants to hear, but because he has already gotten the answer from the sources who know what they're talking about. CW doesn't need a work permit according the information he has (from knowledgeable sources who helped him on his very specific issue), so I think it will be fine.

P.S. Edit: By the way, CW, it appears you already have your answers from your sources. No work permit is possible and for your case, it's not required. It's also not possible under your ED visa.

Edit again: I think that page about Ed visas is confusing. Teachers are actually supposed to get Non-B or O visas and then get a work permit, not ED visas.

Edited August 28, 2007 by Jimjim

[onethailand]

I think you're right about teachers requiring 'O' or 'B' visas instead.

Re: the internship, CW's said:

Next, if he is a full time student doing an internship through his university he can do it legally. All he would need to do is get a letter from the university stating that the internship is a required part of the degree program and have them list the name of the company and the dates that he will be working.

Then take this to the immigration office and turn it in at the same window they go to for their visa extensions. If you do this then you are legal and do not need a work permit. This is what I was told last week at the immigration office.

My response was, if you are going to work, you need a work permit. If the nature of the internship is not considered work, then no work permit is needed.

However, internship is not defined at all by CW, and can be quite broad. So is the definition of "work" by the Labour Ministry. And the Immigration Department is not empowered to decide what qualifies as "work" and what is not. Turning in "papers of internship" to Immigration is completely pointless because they will not change or attempt to change the visa based on that.

While what he says may apply to his case, woe be it to someone who thinks it applies to all cases and finds out the hard way that this is not true. The law does NOT make any exceptions for ANY foreigners, so it comes down to whether or not an internship is considered work.

See this post from last year - this was discussed in detail with responses from Sunbelt as well.

http://www.thaivisa.com/forum/index.php?showtopic=64635

Edited August 28, 2007 by onethailand

[CWMcMurray]

Thank you Jimjim I believe we are discussing two different things as well. That is why I don't want to argue anymore. The thread that is given talks only about interns from overseas educational institutions and I completely agree with you on that front.

I was just discussing what I had found out on this issue and the sources I got that information from because this very specific issue has not been discussed on TV as far as I can find.

[Jimjim]

Onethailand, you're exactly right. However, it appears he has gotten Sunbelt's opinion on his specific situation so I think he's ok. His internship isn't considered work as it's part of his credit, according the information he's been given. It may not be Immigration's authority, but they certainly could know the regulations.

[onethailand]

As long as he's got clearance he's fine - but CW should not be telling people that "this is all you have to do and that's it - you're legal". This is clearly not going to be case fo all, or possibly even a majority of cases.

CW - it matters not if it's an overseas instutution sponsoring the intern. What matters is:

a. The intern is a foreigner

b. There *must* be a local sponsor. In your case, it's also your local educational institution. For overseas institutes, they still require a local sponsor - in the thread mentioned, it was Sunbelt themselves. Sunbelt could've sponsored you too from a local institution - and if you are a foreigner you would likely still require a work permit.

Of course if you are Thai, you don't need any of this documentation as you can apply your right as a citizen to work here.

If you are a foreigner, you can't work. If you are here on an internship, and your internship requires whatever the Labour Department considers to be work, you need a work permit. No local university is going to be able to break the rules any more so than an overseas institution can. And if your internship is not classified as work, you're fine.

Example - If you're studying medicine at Mahidol, and you do an internship at the Mahidol medical center, I think you can safely say that this is education and not work. If, however, you try to do an internship at Bumrungrad, I think you will have a hard time making your case.

It is important not to paint everything with the same brush, particularly when the law itself is very broad - or very narrow, depending on how the authorities choose to interpret it.

[CWMcMurray]

As long as he's got clearance he's fine - but CW should not be telling people that "this is all you have to do and that's it - you're legal". This is clearly not going to be case fo all, or possibly even a majority of cases.

CW - it matters not if it's an overseas instutution sponsoring the intern. What matters is:

a. The intern is a foreigner

b. There *must* be a local sponsor. In your case, it's also your local educational institution. For overseas institutes, they still require a local sponsor - in the thread mentioned, it was Sunbelt themselves. Sunbelt could've sponsored you too from a local institution - and if you are a foreigner you would likely still require a work permit.

Of course if you are Thai, you don't need any of this documentation as you can apply your right as a citizen to work here.

If you are a foreigner, you can't work. If you are here on an internship, and your internship requires whatever the Labour Department considers to be work, you need a work permit. No local university is going to be able to break the rules any more so than an overseas institution can. And if your internship is not classified as work, you're fine.

Example - If you're studying medicine at Mahidol, and you do an internship at the Mahidol medical center, I think you can safely say that this is education and not work. If, however, you try to do an internship at Bumrungrad, I think you will have a hard time making your case.

It is important not to paint everything with the same brush, particularly when the law itself is very broad - or very narrow, depending on how the authorities choose to interpret it.

What I have found out is that if you are doing an internship for a Thai University that is required for graduation from that university it is not considered work, but you need to follow the procedure I previously stated in order to be "legal". If it is not required by your Thai University in order to graduate then it is considered to be work.

It is important whether or not you are from an overseas university because if you are coming from overseas then it is always considered work.

From the two examples you stated above mine is like the second one but would still not require a work permit. From the information I have gathered the things that are important are whats in bold above.

In the west we often go and get internships on our own and while we still call them internships they are not done through the university. These would require a work permit, what is covered are those internships that you have to go through your univeristy's external internship department in order to get and are required to graduate and this is only if you are a student at a Thai University. In this case and this case only you are covered by your ed visa and it is not considered to be working.

I hope this is helpful in illustrating the unique case where a work permit is not needed

Edited August 31, 2007 by CWMcMurray