One Great Teaching Legality Question Solved

[Ijustwannateach]

Thanks to Thaiphoon's very useful link to a Thai government source, it appears confirmed by a government source that work done teaching during visa application (which can take a looooong time at some schools) is actually legal. Look about halfway through the page and you'll find:

Non-Immigrant visas provide the holder with eligibility to apply for a work permit, and allow the holder to work while the work permit application is being considered.

I'd wondered about that for years without seeing anything clear cut in black and white.

Cynically, I have recommended in the past extending this period as long as possible because if you are already having trouble with the school during the time of this application process (a very bad sign) and want to leave (a good decision) then you have the upper hand- no work permit, no sudden cancellation with the requirement to immediately leave and apply for a new visa.

[mopenyang]

Good one.

I believe it is one of the reasons that Labour will sometimes put something in the passport to indicate the work permit package has been submitted to them.

[Mario2008]

The wp3 form, which you get when you have submitted your request for a work permit (extension) states the following at the back:

Warning

Applicants can work after having recieved a work permit issued by the department of employment. Any violation will lead to penalty in accordence with the law.

[Scott]

I know that until the work permit is processed, our employer does not report taxes. I am sure there is a good reason for that and I am sure it's not just a kind gesture towards employees.

[mizzi39]

It seems like Bangkok and the more populated area take forever to process a WP. When I first got my WP the Visa and WP were processed the same day. We have to do the foot work though. Immigration then straight to the employment office.

[bapak]

The wp3 form, which you get when you have submitted your request for a work permit (extension) states the following at the back:

Warning

Applicants can work after having recieved a work permit issued by the department of employment. Any violation will lead to penalty in accordence with the law.

Non-Immigrant visas provide the holder with eligibility to apply for a work permit, and allow the holder to work while the work permit application is being considered.

So do we have Immigration saying one thing and the Labour Department and other thing...?

[paully]

^ The answer may be that, in theory - and in practice in some outlying areas, as mizzi said - applying for and processing of WPs should take place all in the same day, thus the Labour Department warning about working without a WP. However, in reality, in most areas (especially Bangkok) it takes weeks to actually process the WP. Does that mean that the applicant is working illegally for all those weeks until the WP is issued? Logically, no - the delay in considering the application can't be the fault of the applicant, thus the Immigration wording quoted.

But, since when has anything in Thailand been logical...

[richard10365]

The wp3 form, which you get when you have submitted your request for a work permit (extension) states the following at the back:

Warning

Applicants can work after having recieved a work permit issued by the department of employment. Any violation will lead to penalty in accordence with the law.

Non-Immigrant visas provide the holder with eligibility to apply for a work permit, and allow the holder to work while the work permit application is being considered.

So do we have Immigration saying one thing and the Labour Department and other thing...?

I think I would be careful hiding behind that statement. The quote above comes from the board of investment and not from either immigration or the office that handles work permits.

I think Immigration and ministry of labor are still saying the same thing with regards to working during the application process while the board of investment is saying something else; however, I doubt the board of investment has never arrested anyone for working without a work permit.

[somchaismith]

The wp3 form, which you get when you have submitted your request for a work permit (extension) states the following at the back:

Warning

Applicants can work after having recieved a work permit issued by the department of employment. Any violation will lead to penalty in accordence with the law.

Non-Immigrant visas provide the holder with eligibility to apply for a work permit, and allow the holder to work while the work permit application is being considered.

So do we have Immigration saying one thing and the Labour Department and other thing...?

I think I would be careful hiding behind that statement. The quote above comes from the board of investment and not from either immigration or the office that handles work permits.

I think Immigration and ministry of labor are still saying the same thing with regards to working during the application process while the board of investment is saying something else; however, I doubt the board of investment has never arrested anyone for working without a work permit.

We have a contradiction here,

http://' target="_blank">Italian arrested for working without permit

Boonlua Chatree

Chonburi police arrested an Italian man at a Naklua restaurant for working while his work permit application was still being processed.

Alessandro Gregoris has been arrested for working without a permit, even though his application was being processed.

A team of officers descended upon the Dela Luna Restaurant about 7:30 p.m. Jan. 27 and arrested Alessandro Gregoris, 36, who they found sitting at a computer inside the eatery.

Gregoris denied he was working, maintaining he was simply studying to prepare for work later. He told officers he already held a non-immigrant business visa and had applied for a work permit, which was still being processed.

Immigration officials verified his story, but still charged him with working without a work permit and will prosecute accordingly.