Telecommuting

[deusbelli]

My Thai fiancee and I will be marrying in the US. In a few years we want to move back to Thailand. I have heard rumor that telecommuting from home in Thailand does not require a work permit. Does anyone have a link to an authoritative source stating this? Also, is managing your own website from home (in Thailand), which caters to customers out side of Thailand and has nothing at all to do with the Thai economy, considered telecommuting?

[Jingthing]

I do not believe any authoritative set of rules even exists that covers your query. You will get two kinds of responses here. One, the orthodox interpretation that you must get a Thai work permit which will likely involve founding a Thai company. The other kind of response will be if you can, get another kind of visa that allows you stay legally, such as an ED visa, and operate below the radar of the Thai economy. If I am far off on this, fire away.

Edited August 20, 2010 by Jingthing

[Lite Beer]

Getting a Visa to stay should not be a problem with a Thai Wife.

As for working? JT gave the options above. The first option is the legal one.

[Thighlander]

Not a lawyer, niether are the immigration officers, but here is my interpretation:

could buy and sell condominiums.....

could trade stocks online (but not be a broker or paid advisor).....

could give online english lessons outside of Thailand......

could do legal research for clients outside of Thailand..............

could do web design (as stated above) outside.....

None of these would should even be considered "grey area". Might be good to know a Thai lawyer, just in case you have to explain yourself. Working as a volunteer would be, though, because technically volunteers need work permits.

Where and how you get paid could make a difference. Interesting topic.

Edited August 20, 2010 by Thighlander

[Mario2008]

Wether you connect to a place outside of Thailand or not, you are in Thailand and working there and a work permit is required for that.

[Thighlander]

In that case, anyone accessing their brokerage account, would need a WP; I doubt it.

[Soutpeel]

In that case, anyone accessing their brokerage account, would need a WP; I doubt it.

Under current rules Mario2008's interpration is correct

Using a Thai lawyer lawyer for clarification..... ...they barely know the rules themselves and the rules are interpreted differently by different immigration and labour offices, so what may be ok in province or office may not be in another

As regards accessing a brokerage account and WP, if you upset someone enough they can turn anything into working without a WP

As regards your statement "where and how you get paid".....absolutely irrelevant under current laws, as it specifically states WP required for paid and un-paid work

In summary

Under current laws, you need a WP irrspective of the way you try and rationalise it being a "grey area" or even legal

[Jingthing]

Let's get back to reality. Accessing your brokerage account to manage your personal finances is NEVER going to get you in trouble here, and NEVER going to require a work permit.

On the business side, if you were some kind of large scale professional trader running a business operation from trading from Thailand, that would indeed be working in Thailand and technically, legally requiring a work permit.

Operating off the radar, not having Thai customers, not getting paid into or out of Thai accounts greatly reduces your chance of being detected by someone who wants to turn you in for some dark reason. It doesn't make you legal.

[jazzbo]

As far as asking on ThaiVisa is it OK to 'work' without a Work Permit ... Why don't you ask the Pope what he thinks of pre-marital sex?