quadricorrelator Posted August 6, 2011 Share Posted August 6, 2011 Is it legal to work for two days a week for a Thai company on a retirement visa? The company says yes, but I don't see how this can be legal. Thanks, -q Link to comment Share on other sites More sharing options...
lopburi3 Posted August 6, 2011 Share Posted August 6, 2011 Not unless a work permit is obtained first - and a work permit is not normally issued to anyone on a retirement extension of stay. Link to comment Share on other sites More sharing options...
Jingthing Posted August 6, 2011 Share Posted August 6, 2011 The company isn't going to get arrested and deported, are they? Link to comment Share on other sites More sharing options...
FritsSikkink Posted August 6, 2011 Share Posted August 6, 2011 Non-Immigrant Visa “O-A” (Long Stay) Extension This type of visa may be issued to applicants aged 50 years and over who wish to stay in Thailand for a period of not exceeding 1 year without the intention of working. Holder of this type of visa is allowed to stay in Thailand for 1 year. Employment of any kind is strictly prohibited. Link to comment Share on other sites More sharing options...
Semper Posted August 6, 2011 Share Posted August 6, 2011 To me retirement means bye bye work, hello holiday. Link to comment Share on other sites More sharing options...
Jingthing Posted August 6, 2011 Share Posted August 6, 2011 Actually, a large portion of retired people all over the world are very interested in doing some work as well during retirement. It's a shame the visa system isn't more flexible that way. Link to comment Share on other sites More sharing options...
tailspin Posted August 6, 2011 Share Posted August 6, 2011 better to be a part-time consultant dispensing advice to newbies in bars, ot better yet on various forums.....do you need a WP for that too? wait a minute.........arggghhhhhhhhhhhhhhhhhhhhhhhhhhhhhh I just did it myself Link to comment Share on other sites More sharing options...
KimoMax Posted August 6, 2011 Share Posted August 6, 2011 (edited) Many Immigration Offices now have you sign an additional form ceritifying you are aware and will not engage in any activity prohibited by your Visa. A Thai Company that wants your skills or services must provide you with the proper paperwork to get the proper Visa and Work Permit to Work........ You are the one at risk if you go against the rules, not the Thai Company Edited August 6, 2011 by KimoMax Link to comment Share on other sites More sharing options...
ScubaBuddha Posted August 6, 2011 Share Posted August 6, 2011 How about this one...a guy I know lives in Thailand but owns and manages from Thailand via the internet his internet based business. The company is registered in and has offices/employees in his home country. He is basically telecommuting. None of it has anything directly to do with Thailand. He tells me that he was told by his Thai lawyers that he does not need a WP. Link to comment Share on other sites More sharing options...
Jingthing Posted August 6, 2011 Share Posted August 6, 2011 How about this one...a guy I know lives in Thailand but owns and manages from Thailand via the internet his internet based business. The company is registered in and has offices/employees in his home country. He is basically telecommuting. None of it has anything directly to do with Thailand. He tells me that he was told by his Thai lawyers that he does not need a WP. More like he is unlikely to get caught. Whether it is technically legal or not, the consensus over the years has been no. Many people do that kind of that. How many come out to immigration about what they are doing? That should tell you the story. Link to comment Share on other sites More sharing options...
quadricorrelator Posted August 6, 2011 Author Share Posted August 6, 2011 Many thanks for all your answers. -q Link to comment Share on other sites More sharing options...
Tatsujin Posted August 7, 2011 Share Posted August 7, 2011 (edited) How about this one...a guy I know lives in Thailand but owns and manages from Thailand via the internet his internet based business. The company is registered in and has offices/employees in his home country. He is basically telecommuting. None of it has anything directly to do with Thailand. He tells me that he was told by his Thai lawyers that he does not need a WP. Many people try to get around the law by doing things that way, but it's technically against the law as he is working in Thailand even though the business is offshore. Unlikely he will get caught however, unless a competitor mentions it to the Thai Authorities or posts on ThaiVisa about it and they start checking people more thoroughly <smiles> OP > you can't work legally on a Retirement Visa without first changing your visa type and then obtaining a WP. Anyone who says different isn't the one who will pay the price when you get caught working illegally. Edited August 7, 2011 by Tatsujin Link to comment Share on other sites More sharing options...
davyboy Posted August 7, 2011 Share Posted August 7, 2011 Many Immigration Offices now have you sign an additional form ceritifying you are aware and will not engage in any activity prohibited by your Visa. A Thai Company that wants your skills or services must provide you with the proper paperwork to get the proper Visa and Work Permit to Work........ You are the one at risk if you go against the rules, not the Thai Company Agreed, I had to sign this additional form when I renewed my retirement extension last month. Link to comment Share on other sites More sharing options...
ScubaBuddha Posted August 7, 2011 Share Posted August 7, 2011 How about this one...a guy I know lives in Thailand but owns and manages from Thailand via the internet his internet based business. The company is registered in and has offices/employees in his home country. He is basically telecommuting. None of it has anything directly to do with Thailand. He tells me that he was told by his Thai lawyers that he does not need a WP. More like he is unlikely to get caught. Whether it is technically legal or not, the consensus over the years has been no. Many people do that kind of that. How many come out to immigration about what they are doing? That should tell you the story. If they are under the assumption/being advised they aren't required to come out to immigration, it doesn't tell me anything. Link to comment Share on other sites More sharing options...
Jingthing Posted August 7, 2011 Share Posted August 7, 2011 If they are under the assumption/being advised they aren't required to come out to immigration, it doesn't tell me anything. I think that's bull because if it wasn't at least a very grey area that there is a potentially very serious legal issue with working that way, they could openly present themselves that way. But they don't. Nobody in their right mind would. Nor would someone in their right mind not be VERY DISCREET about this to pretty much everyone in Thailand. Link to comment Share on other sites More sharing options...
ScubaBuddha Posted August 7, 2011 Share Posted August 7, 2011 (edited) How about this one...a guy I know lives in Thailand but owns and manages from Thailand via the internet his internet based business. The company is registered in and has offices/employees in his home country. He is basically telecommuting. None of it has anything directly to do with Thailand. He tells me that he was told by his Thai lawyers that he does not need a WP. Many people try to get around the law by doing things that way, but it's technically against the law as he is working in Thailand even though the business is offshore. Unlikely he will get caught however, unless a competitor mentions it to the Thai Authorities or posts on ThaiVisa about it and they start checking people more thoroughly <smiles> Hmm...your the one saying many people do this. I just said a guy I knew was advised by legal counsel that he wasn't violating Thai law. I'm curious if all this talk is just from expats pretending they know the law better than Thai lawyers. I still wouldn't do it unless I had absolute assurance from immigration, but I have never heard of anyone running into trouble working like this. I bet if you were to ask 10 ranking immigration officials from 10 different provinces, you'll get 11 different answers. May be a discretion thing. . Edited August 7, 2011 by ScubaBuddha Link to comment Share on other sites More sharing options...
Jingthing Posted August 7, 2011 Share Posted August 7, 2011 I agree some officers might not care but I also think some would care. If an officer openly asks you ARE YOU WORKING IN THAILAND and/or PROVE YOUR INCOME SOURCE, and they can do this anytime, such a grey area worker would be in a real bind. I am not saying don't do it, I am saying don't trust some second hand report from one poster on an internet forum saying it is legal to be a concrete fact. I think it is CLEARLY a risk, and that people trying this need to be aware there is a risk. If you provide documentation of official rulings from Bangkok immigration saying we are totally cool with this (trust me, that does NOT exist) then that would be different. Link to comment Share on other sites More sharing options...
Tatsujin Posted August 8, 2011 Share Posted August 8, 2011 ]Hmm...your the one saying many people do this. I just said a guy I knew was advised by legal counsel that he wasn't violating Thai law. I'm curious if all this talk is just from expats pretending they know the law better than Thai lawyers. I still wouldn't do it unless I had absolute assurance from immigration, but I have never heard of anyone running into trouble working like this. I bet if you were to ask 10 ranking immigration officials from 10 different provinces, you'll get 11 different answers. May be a discretion thing. Well, you know how Lawyers work here in Thailand on the whole, they'll tell you what you want to hear to get the work rather than what actually is correct in many cases. The other important point to note is that it is not THEM that will get in trouble for giving bad advice. Plus you have the old problem of asking 20 people and you'll get 20 answers. If you actually read the relevant "Law", the law is very clear on the subject and not at all ambiguous, it is illegal. At the moment, the Thai's seem reasonably happy to turn a blind eye to things like this on the whole, but you've seen postings recently about foreign ownership of properties and resorts etc, so things do change. Whether people choose to ignore that is up to them but when push comes to shove, the law won't be on their side. Link to comment Share on other sites More sharing options...
Soutpeel Posted August 8, 2011 Share Posted August 8, 2011 How about this one...a guy I know lives in Thailand but owns and manages from Thailand via the internet his internet based business. The company is registered in and has offices/employees in his home country. He is basically telecommuting. None of it has anything directly to do with Thailand. He tells me that he was told by his Thai lawyers that he does not need a WP. Many people try to get around the law by doing things that way, but it's technically against the law as he is working in Thailand even though the business is offshore. Unlikely he will get caught however, unless a competitor mentions it to the Thai Authorities or posts on ThaiVisa about it and they start checking people more thoroughly <smiles> Hmm...your the one saying many people do this. I just said a guy I knew was advised by legal counsel that he wasn't violating Thai law. I'm curious if all this talk is just from expats pretending they know the law better than Thai lawyers. I still wouldn't do it unless I had absolute assurance from immigration, but I have never heard of anyone running into trouble working like this. I bet if you were to ask 10 ranking immigration officials from 10 different provinces, you'll get 11 different answers. May be a discretion thing. I dont believe its a "discretion" thing.....Immigration officials in Phuket I believe, stated in an article that working on line in Thailand without a Thai WP was illegal and they would prosecute people if they caught them, in the same article they stated the farang police voluteers working without WP were also working illegally. In my opinion, if you are living in Thailand on a "permanent" basis by virtue of tourist visa's, education visa's etc and using an on-line business to finance your life in Thailand, irrespective of where the business/clients are situated, you are working in Thailand. The argument is strengthened further if said persons also claim residence in Thailand for the purposes of getting a driver's license, buying cars on HP, condo's etc. I challange anyone who says they have been told by a lawyer/immigration that working on-line in Thailand without a WP is legal to please post documentation from immigration/DOL or even a Thai lawyer confirming this in writing. As regards the question at hand, retirement visa and part time work. ?...yes you can...but you need to change your visa/permission to stay status, Thai immigration has approved a visa / extension of stay based on a request to retire here, by wanting to now work, in effect you are changing your reason for being in Thailand, so you can sort of see their logic in this. I agree there should be some sort of provison under existing retirement visa's to allow for part time work and one of the conditions would be you cant be paid for said part time work Link to comment Share on other sites More sharing options...
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