Internet-based Job, Snowbird In Los?

[rrose070]

Hi,

Still terribly uncomfortable posting. My partner and I work in litigation support for several law firms in the U.S. For our work, all we need basically is the internet, and FedEx to send all our Discovery back to the states once it's interpreted. We like the thought of spending about half a year every year in LOS. How/what kind of Visa do we need? Is this Possible? We leave for BKK Sept. 8, staying till Nov. 15 this first stay. Do we need? Sorry, I should know already.

Thanks

Rebecca

[easy_jim]

Since you are only coming for just over a month this visit you can get a 30 day tourist visa on arrival in Thailand and then before the 30 days expires for a small charge you can get a 10 or 15 day extension at a local immigration office in Thailand.

If you come for 6 months you will want to look at other visa options. Strictly speaking if you are working you should have a Non-immigrant B. However you may find this is difficult to get and if your work is effectively in the U.S. you may take the attitude that nobody in Thailand need know about it.

[lopburi3]

Above post is wrong (missed a month) - you will require at least a 60 day tourist visa plus the 30 day extension of stay for that to cover the dates mentioned. Even if it were only 40 days you would run the risk of not being allowed to board the aircraft without a visa in your passport as the requirement for a 30 day stamp is onward transportation within that time period.

Strictly speaking you can not work period in Thailand without a work permit. A non immigrant B visa is not a work permit. So what you are proposing is going to be in violation of Thai law unless you set up a company or become employed by a company to do this work here (which may not be justified for part time).

Of course that are a lot of people keeping under the radar on this issue but considering your employment I would have serious concerns myself. I would work to get a legal position with one of the law firms here perhaps? Or at least get opinion from professionals.

Edited August 7, 2005 by lopburi3

[girlx]

from what i read you do not need a work permit if your job is in another country and you are paid into an account outside of thailand. this is what i do, and i am on a tourist visa. it's none of thailand's business. if it were, then every person who comes over here on business would need a work permit.

[The Dude]

Come on now Lop, you're trying to say that anyone here on a vacation cannot walk into an internet shop and trade stocks or whatever from their home country w/o a work permit? looks like same same to me

[lopburi3]

Come on now Lop, you're trying to say that anyone here on a vacation cannot walk into an internet shop and trade stocks or whatever from their home country w/o a work permit? looks like same same to me

<{POST_SNAPBACK}>

I suspect you would face less risk and have less chance of someone out to get you selling a few stocks than someone "working" for a law firm.

[rrose070]

Should I apply for Visa from here or should I do it when we arrive in LOS?

[capco1]

This is really getting way to technical!.....You do not need a work permit, you're business as well as your pay is based from outside Thailand....You're simply checking in with the office while on holiday, every normal business person does the same thing! As far as visas required, contact the Honarary Thai consolate in the States and request a 60 day tourist visa and a few days before this visa expires simply visit the immigration office in Thailand and get a 30 day extension. I've done this many times and has always been an easy process with no problems!

By the way...does your employer need any more help? Sounds like a decent gig!

[A. BOOZER]

By the way...does your employer need any more help? Sounds like a decent gig! 

<{POST_SNAPBACK}>

Please put me on the application list as well!

[lopburi3]

I beg to differ. There is no exception in any law that I am aware of for business being exempt if paid outside of Thailand. As a matter of fact there does not even have to be any pay involved. The law is as below. Note section 5 definition of work and section 7 requirement for a permit. I am not saying that it can not be done but I am saying it is probably not legal, and OP may have more reason to keep legal than some others.

Section 5. In this Act,

"alien" means a natural person who is not of Thai nationality;

"work" means to engage in work by exerting energy or using knowledge whether or not in consideration of wages or other benefit;

"permit" means a work permit;

"holder of permit" means an alien who has been granted a permit;

"Committee" means the Committee Considering Working of Aliens;

"competent official" means a person appointed by Mistister for the execution of this Act;

"Registrar" means a person appointed by the Minister as Registrar of working aliens;

"Director-General" means the Director-General of the Employment Department;

"Minister" means the Minister having charge and control of the execution of

this Act.

Section 6. Subject to Section 12, any work which an alien is prohibited to engage in any locality and at any particular time and whether subject to absolute or conditional prohibition, and to any extent shall be prescribed by the Royal Decree.

Section 7. Subject to Section 10, an alin may engage in any work which is not prohibited by the Royal Decree issued under Section 6 only upon receipt of a permit from the Director - General or official entrusted by the Director-General except an alien who is permitted to enter the Kingdom for temporary stay under the law on immigration in order to engage in work which is necessity and urgency for a period not longer than fifteen days, but such alien may engage in the work after he has notified the Director-General or official entrusted by the Director-General in writing in the form prescribed by the Director - General.

Source: http://www.phuketwork.org

[sua yai]

A number of years ago, I helped out with the on-course scoring at The Thai Golf Open. I asked about a work permit but was told it wasn't necesary as the company I was working for over the 6 days were registered in H kong and my pay was paid from there into my UK account.

As it turned out, I was paid cash. Bearing in mind that I was in control of the leader board at the eighteenth green on the final day, so my ugly mug appeared quite regularly on Thai telly, I reckon I was lucky not to get pulled.

I didn't really worry about it so much back then. I would think twice now, though.

[penelope]

A number of years ago, I helped out with the on-course scoring at The Thai Golf Open. I asked about a work permit but was told it wasn't necesary as the company I was working for over the 6 days were registered in H kong and my pay was paid from there into my UK account.

As it turned out, I was paid cash. Bearing in mind that I was in control of the leader board at the eighteenth green on the final day, so my ugly mug appeared quite regularly on Thai telly, I reckon I was lucky not to get pulled.

I didn't really worry about it so much back then. I would think twice now, though.

<{POST_SNAPBACK}>

When Tiger Woods played in the Johny Wallker,and all the other non-thai pros for that matter, what paperwork do they need ?

[Firefan]

Friends; Lopburi is simply pointing out what the LAW says.

After that it is up to us to use common sense. I am sure that emigration will also use common sense, and will not come and drag us out of the toilet for whiping our own butt, which in theory could also fit into above description of work...

Cheers!

[girlx]

if you also have an address in your home country then there is not much they can do about it but accuse you of working, and i have proof that i live and work in america. i happen to be in thailand and yes i check up on my work from here, but as the money and the contract do not come anywhere near the border of thailand, and i am not taking jobs from thai people in thailand, then i disagree as to the illegality of it. it is my understanding (and the understanding of my lawyer, who i will try to get to post here) that as long as you are doing no paid or unpaid work for a THAI company in thailand you are fine.

[easy_jim]

if you also have an address in your home country then there is not much they can do about it but accuse you of working, and i have proof that i live and work in america. i happen to be in thailand and yes i check up on my work from here, but as the money and the contract do not come anywhere near the border of thailand, and i am not taking jobs from thai people in thailand, then i disagree as to the illegality of it. it is my understanding (and the understanding of my lawyer, who i will try to get to post here) that as long as you are doing no paid or unpaid work for a THAI company in thailand you are fine.

<{POST_SNAPBACK}>

I think your lawyer is wrong. The definition of work (as posted by Lopburi above) is very broad and doing just about anything non leisure could be interpreted as illegal (charity work, internet work, whatever).

However what really matters is how the law is enforced. The intent is to stop foreigners from taking jobs away from Thai people. If you are working as you describe then the authorities will not come looking for you. As long as you do not flaunt what you are doing or get into a dispute which might cause someone to report you then there will be no problem.

[girlx]

"work" means to engage in work by exerting energy or using knowledge

so are we all working here then? unless you are braindead how could you not be working according to that definition

[girlx]

also

The intent is to stop foreigners from taking jobs away from Thai people.

how could one possibly be taking jobs from thai people if they are working for their own country? thai people sure as ###### couldn't get my job without going to the US with the proper visa and work permit. and not a chance that my job would outsource to them here either- there is not one single thai person who can do my job, it doesn't exist here.

can someone show me even one case in the history of thailand where immigration detained someone on vacation here for doing work for a company at home?

i am not worried.

[HarryHacker]

Hi Girlx, you raise a good question, I guess the answer would be to contact the Department of Employment and/or Immigration.

However, along with being on overstay, working without a WP or indeed what you intend to do, the offence really becomes a major issue when it becomes a compounded problem. We never know when we will come to notice of the authorities here, it could happen very easy these days, even as simple as not having your passport on your person and you are taken back to your room/s and ‘they’ see you are working from there.

Get it?

[slimdog]

Quote

"it is my understanding (and the understanding of my lawyer, who i will try to get to post here) that as long as you are doing no paid or unpaid work for a THAI company in thailand you are fine."

It is my understanding, that as long as you are doing no paid or unpaid work for a THAI company in thailand you will not be allowed a work permit anyway..

[girlx]

yes. exactly. so it appears to be on the peripheral of the law doesn't it? i still don't see one case posted here where someone working for another country was pulled in by the IDC. i doubt it has ever happened. it would be interesting to see what the result is though. i will check into it if i can find someone to translate for me (other than my lawyer friend, ha!)

[capco1]

Girlx,

You seem to have a lot more sence than some posters here, you will be fine! You know what to do and how to do it....keep your head low and mouth shut and nobody will know what or where you work. Good luck and enjoy Thailand!

By the way........what about that job referal?

[The Dude]

Agreed, for the love of god girlx, stuff a sock in it for your own good. Too much info

[girlx]

again, i am not worried.

[girlx]

indo siam has some good comments on this issue here:

http://www.thaivisa.com/forum/index.php?showtopic=42773