Work Permit for Freelance Journalist

[Arkady]

I have often been asked about work permits for freelance journalists and have tried to research this but can't claim to have the definitive answer because I have never actually applied for one.

Applications for foreign correspondents start at the Ministry of Foreign Affairs which issues a letter of acknowledgement and authorises the issue of a NON-IMM M visa, which is the category for media professionals including journalists and film producers. Details are set out clearly by the MFA here: http://www.mfa.go.th/main/contents/images/text_editor/files/Guidanceforforeignpress.pdf. Note that the MFA refers to correspondents wishing to work in the representative office of a foreign media agency or as a representative of such agency. It doesn't mention anything about self-employed freelance foreign journalists.

After that the correspondent needs to apply for a press card at the Public Relations Department which states that those eligible for press cards are, "Correspondents or representatives of newspapers, magazines, foreign news agencies, and radio and television stations." http://thailand.prd.go.th/press_directory_view.php?id=13. Again no mention of self-employed freelancers.

The PRD cites a list of documents required to apply for a work permit, including, "A letter of employment (form specified by Department of Labor)". http://thailand.prd.go.th/press_directory_view.php?id=15. The Labour Ministry's employment form is attached and requires completion by the work permit applicant's employer. As far as I am aware, there is no record of the Labour Ministry issuing work permits to self-employed foreigners. In addition, registering as a sole proprietorship, which the Revenue Department requires self-employed Thais to do, is not possible for foreigners under the Foreign Business Act, except, theoretically, in the case of Americans under the Treaty of Amity and Economic Relations, provided they can obtain an Alien Business Licence from the Minstry of Commerce. However, I am not sure that either the Ministry of Commerce or the Labour Ministry would be willing to play ball on this.

Although I know several foreign correspondents who claim to be freelancers, I have not been able to find any evidence that this is in fact a legal status in Thailand. My conclusion is that they probably all get foreign news agencies that they do occasional work for to vouch for them, as if they were employed full time on their payrolls. That would imply that the information supplied to government agencies when applying for accreditation and work permits may not be entirely accurate. Also, according to the 2008 Working of Aliens Act the journalists could only work for the agency stated on their work permit and could not legally be a self-employed free lancer or do work for anyone else. The government must know what actually goes on and presumably turns a blind eye but could easily deport a freelance journalist for straying beyond the limits of his work permit or providing inaccurate information on an application, if it didn't like what he wrote or a Thai citizen filed a complaint about him. It would not be difficult to investigate the journalists' sources of funds in Thailand and compare them with their tax returns.

If anyone has first hand experience of this and can explain exactly how it works legally, I would be interested to know.

Work permit employment certification form_employ June 2011.pdf

[digitalchromakey]

No first hand experience, but I have always been intruiged by Section 3.6 of the WP1 application form (attached with notes below) which has a section for applicants being 'In case of without an employer'.

I know of no one who has successfully (or un successfully for that matter) applied for a WP under this category, but there does seem to at least be an option to apply as a legitimate freelancer.

Form_tt1.pdf

[Arkady]

One of the documents you need to submit, if you apply under the category of those who don't have an employer is:

"Copy of business operating licence under the law on alien business in case that the work applied for is under this law."

That must mean that you need to show your alien business licence allowing you as a 100% foreign entity to operate in Thailand. To obtain the alien business licence you would have to be an American taking advantage of the US Treaty of amity. Alien businesses licences can be issued in the case of sectors that are open to foreign businesses, e.g. exports, or in the service sector when certain conditions are met. However, other than under the US treaty businesses need to meet minimum requirements of paid-up capital, number of employees etc to qualify, all of which would be impossible for a sole proprietor. As mentioned above, I am not sure if the Commerce Ministry is currently issuing alien business licences to sole proprietorships and partnerships under the US treaty.

[GrantSmith]

What a very interesting topic you raise Arkady!

Given recent events, I'd be mildly chuffed to see the actual legality of this and how it affects these alleged "freelance" journalists hahah..

As Alice once quipped "curiouser and curiouser"

[digitalchromakey]

One of the documents you need to submit, if you apply under the category of those who don't have an employer is:

"Copy of business operating licence under the law on alien business in case that the work applied for is under this law."

That must mean that you need to show your alien business licence allowing you as a 100% foreign entity to operate in Thailand. To obtain the alien business licence you would have to be an American taking advantage of the US Treaty of amity. Alien businesses licences can be issued in the case of sectors that are open to foreign businesses, e.g. exports, or in the service sector when certain conditions are met. However, other than under the US treaty businesses need to meet minimum requirements of paid-up capital, number of employees etc to qualify, all of which would be impossible for a sole proprietor. As mentioned above, I am not sure if the Commerce Ministry is currently issuing alien business licences to sole proprietorships and partnerships under the US treaty.

Understood, but the text reads '... business in case that the work applied for is under this law'.

My read on this is that you would not have to supply such a license if your intended work did not fall under that category.

[Arkady]

I think there is nothing that doesn't fall under the law on alien businesses referred to which is clearly the 1999 Foreign Business Act. To operate a business as a foreign entity in sectors listed in Annex 2 or 3 business under the Act, you need an Alien Business Licence and that includes BOI promoted export businesses. Annex 1, which includes newspaper publishing, radio and TV broadcasting, is totally prohibited to foreigners unless it is permitted by international treaty and the only treaty of that type is the US Treaty of Amity which doesn't permit "communication" activities (including journalism). Branches of foreign companies need an Alien Business Licences but branches are only permitted for foreign banks and airlines. You also need an Alien Business Licence for the representative office of foreign company. Representatives of foreign media agencies can presumably obtain Alien Business Licences for rep offices, despite journalism being totally prohibited to foreign entities because the terms of their rep office licences only permit them to send reports back to their head office and not to engage in publishing or broadcasting in Thailand. They may only receive income from their head offices and may not sell stories in Thailand or receive income from sources other than head office.

In lieu of any evidence to the contrary, I assume this section of the WP application form is there to cater for sole proprietorships under the US treaty which explicitly stipulates that this form of entity is permitted to Americans in Thailand (and Thais in the US). However, even under the Treaty a US sole proprietorship would not be permitted to engage in journalism. Where the MFA guidelines for foreign correspondents refer to representatives of foreign news agencies, as an alternative to working in the Thai representative office of a foreign news agency, that may be a loophole to avoid having to set up a rep office and apply for an Alien Business Licence or it may simply refer to the chief representative working in a rep office. I assume that, if a representative is permitted to work without setting up a rep office and obtaining an Alien Business Licence, the legal form must be that representatives of are regarded as employees in Thailand of their foreign news agency. That would mean they are under the same constraints as rep offices, i.e. to work only for head office and not to engage in any freelance activities in Thailand.

It is possible that a foreign correspondent officially working as a representative of a foreign news agency but actually working as a self-employed freelance journalist could be liable for prosecution under the Foreign Business Act, as well under the Working of Aliens Act and the Immigration Act, not to mention any possible discrepancies in income tax declarations.

[digitalchromakey]

I think there is nothing that doesn't fall under the law on alien businesses referred to which is clearly the 1999 Foreign Business Act. To operate a business as a foreign entity in sectors listed in Annex 2 or 3 business under the Act, you need an Alien Business Licence and that includes BOI promoted export businesses. Annex 1, which includes newspaper publishing, radio and TV broadcasting, is totally prohibited to foreigners unless it is permitted by international treaty and the only treaty of that type is the US Treaty of Amity which doesn't permit "communication" activities (including journalism). Branches of foreign companies need an Alien Business Licences but branches are only permitted for foreign banks and airlines. You also need an Alien Business Licence for the representative office of foreign company. Representatives of foreign media agencies can presumably obtain Alien Business Licences for rep offices, despite journalism being totally prohibited to foreign entities because the terms of their rep office licences only permit them to send reports back to their head office and not to engage in publishing or broadcasting in Thailand. They may only receive income from their head offices and may not sell stories in Thailand or receive income from sources other than head office.

In lieu of any evidence to the contrary, I assume this section of the WP application form is there to cater for sole proprietorships under the US treaty which explicitly stipulates that this form of entity is permitted to Americans in Thailand (and Thais in the US). However, even under the Treaty a US sole proprietorship would not be permitted to engage in journalism. Where the MFA guidelines for foreign correspondents refer to representatives of foreign news agencies, as an alternative to working in the Thai representative office of a foreign news agency, that may be a loophole to avoid having to set up a rep office and apply for an Alien Business Licence or it may simply refer to the chief representative working in a rep office. I assume that, if a representative is permitted to work without setting up a rep office and obtaining an Alien Business Licence, the legal form must be that representatives of are regarded as employees in Thailand of their foreign news agency. That would mean they are under the same constraints as rep offices, i.e. to work only for head office and not to engage in any freelance activities in Thailand.

It is possible that a foreign correspondent officially working as a representative of a foreign news agency but actually working as a self-employed freelance journalist could be liable for prosecution under the Foreign Business Act, as well under the Working of Aliens Act and the Immigration Act, not to mention any possible discrepancies in income tax declarations.

Reading a summary of the 1999 Foreign Business Act, the Annex 1 restriction you refer to is specifically directed at Broadcasting and Publishing business activities which are understandable restrictions, not by any means limited to Thailand alone.

Journalism and publishing/broadcasting are obviously linked like the proverbial horse and carriage, however they are in themselves distinct and separate activities.

So one question is, does Freelance Journalism in fact come under any of the three annex categories listed in the Foreign Business Act 1999? If not, then surely an Alien Business License is not required.

I do see though that the US-Thai Treaty of Amity excludes Communications, which certainly would cover journalism activities, so this is not a viable option.

Question still remains as to if someone can get a WP as a freelancer, not sure if the WP1 form section 3.6 is purely there for US-Thai Amity cases as you suggest, or is in fact to cover something broader.

[orpheus454]

No first hand experience, but I have always been intruiged by Section 3.6 of the WP1 application form (attached with notes below) which has a section for applicants being 'In case of without an employer'.

I know of no one who has successfully (or un successfully for that matter) applied for a WP under this category, but there does seem to at least be an option to apply as a legitimate freelancer.

Hi. You do now.

I have a freelance WP to teach English.

The "Name of employer or company" is left blank, and the "Type of activity" is ส่วนบุคคล

Also my Position/Occupation/Profession is not ครู , but วิทยากร

[Hecate]

That's remarkable, Orpheus. Which immigration office granted the visa, and can anyone get one?

[ScottMallon]

I worked as a freelancer for quite a few years and had my work permit and press card.

The process was relatively simple but time consuming. I went to the MFA, filled in all the paperwork, interviewed, and then collected my paperwork a few weeks later. Then I went and got the work permit and my press card.

In my case I had to provide samples of my work. As is my understanding, the only way to get the work permit and press card is to have a legitimate publication sponsor you as a correspondent as someone does contact the sponsor. The sponsor needs to provide a document with all of their company info as well as your salary, position, length of contract, and office address (mine was my home). Although one magazine sponsored me, I was free to submit work to anyone and I did so. Over the years I had two companies sponsor me and like I said, it was quite easy. Now I think everything is done online but I could be wrong.

I did not have an Alien Business license and the process was like anything else done here - not extremely difficult but time consuming.

[Arkady]

I worked as a freelancer for quite a few years and had my work permit and press card.

The process was relatively simple but time consuming. I went to the MFA, filled in all the paperwork, interviewed, and then collected my paperwork a few weeks later. Then I went and got the work permit and my press card.

In my case I had to provide samples of my work. As is my understanding, the only way to get the work permit and press card is to have a legitimate publication sponsor you as a correspondent as someone does contact the sponsor. The sponsor needs to provide a document with all of their company info as well as your salary, position, length of contract, and office address (mine was my home). Although one magazine sponsored me, I was free to submit work to anyone and I did so. Over the years I had two companies sponsor me and like I said, it was quite easy. Now I think everything is done online but I could be wrong.

I did not have an Alien Business license and the process was like anything else done here - not extremely difficult but time consuming.

Interesting. Was there an employer stated on your work permit? If your sponsor was asked to confirm your salary, position and length of contract, it rather sounds like they were asked to confirm you were a full time employee employed by head office, rather than an unsalaried accredited independent vendor selling to them and others on piece rates, as a freelance journalist does.

[orpheus454]

That's remarkable, Orpheus. Which immigration office granted the visa, and can anyone get one?

My visa is just a normal Non-Imm with extensions based on marriage and kids.

The Labour Ministry issued the WP.

[ScottMallon]

I worked as a freelancer for quite a few years and had my work permit and press card.

The process was relatively simple but time consuming. I went to the MFA, filled in all the paperwork, interviewed, and then collected my paperwork a few weeks later. Then I went and got the work permit and my press card.

In my case I had to provide samples of my work. As is my understanding, the only way to get the work permit and press card is to have a legitimate publication sponsor you as a correspondent as someone does contact the sponsor. The sponsor needs to provide a document with all of their company info as well as your salary, position, length of contract, and office address (mine was my home). Although one magazine sponsored me, I was free to submit work to anyone and I did so. Over the years I had two companies sponsor me and like I said, it was quite easy. Now I think everything is done online but I could be wrong.

I did not have an Alien Business license and the process was like anything else done here - not extremely difficult but time consuming.

Interesting. Was there an employer stated on your work permit? If your sponsor was asked to confirm your salary, position and length of contract, it rather sounds like they were asked to confirm you were a full time employee employed by head office, rather than an unsalaried accredited independent vendor selling to them and others on piece rates, as a freelance journalist does.

The employer was stated on the work permit. They did not confirm me as a full time employee, most definitely not. They told the Thais who called them that yes, I was a correspondent for them working on a per job basis but had a contract to do this for the next year. It said right in the sponsorship letter that I would earn X amount per article, X amount per photograph, and would receive a bonus for anything over the agreed upon amount.

I made it a point to speak with the lady in MFA who handled my paperwork and interview about working for other organizations. She flat out stated that they were aware that most journalists worked for several organizations at once but they just needed to show one that was paying the necessary amount per month. I did this for nearly 10 years without a hitch.

[asiaexpat]

That's remarkable, Orpheus. Which immigration office granted the visa, and can anyone get one?

My visa is just a normal Non-Imm with extensions based on marriage and kids.

The Labour Ministry issued the WP.

I believe the question was which Labor regional office actually issued your WP and from which immigration office do you get your extensions of stay. I am quit interested having failed to get a WP as as a freelance consultant or instructor.

[GrantSmith]

I made it a point to speak with the lady in MFA who handled my paperwork and interview about working for other organizations. She flat out stated that they were aware that most journalists worked for several organizations at once but they just needed to show one that was paying the necessary amount per month. I did this for nearly 10 years without a hitch.

And there in lies the rub apparently, they're aware of it. But nothing in the rules and regulations that allow it. So it could be argued that a foreign journalist having been issued with a WP from one organistation could - potentially - be charged with breaching the conditions of the WP should they decide to "freelance".

Would be an interesting scenario to put this to the test in the current climate to set/establish precedent

[Torrens54]

One of the documents you need to submit, if you apply under the category of those who don't have an employer is:

"Copy of business operating licence under the law on alien business in case that the work applied for is under this law."

That must mean that you need to show your alien business licence allowing you as a 100% foreign entity to operate in Thailand. To obtain the alien business licence you would have to be an American taking advantage of the US Treaty of amity. Alien businesses licences can be issued in the case of sectors that are open to foreign businesses, e.g. exports, or in the service sector when certain conditions are met. However, other than under the US treaty businesses need to meet minimum requirements of paid-up capital, number of employees etc to qualify, all of which would be impossible for a sole proprietor. As mentioned above, I am not sure if the Commerce Ministry is currently issuing alien business licences to sole proprietorships and partnerships under the US treaty.

Having worked as a journalist for 40+ years, I've never had to apply for freelance status, but I'm sure that anyone doing so, would have to supply some impressive credentials from recognized News Agencies.

Over the years I have come across many individuals who claim to be Journalists but are simply "Wanna Be" Journalists. These people have never been employed in the industry anywhere and just want to try and "big note" themselves.

Obviously the Thai Authorities don't fall for the yarns being pushed by these charlatans.

[DrTuner]

That's remarkable, Orpheus. Which immigration office granted the visa, and can anyone get one?

My visa is just a normal Non-Imm with extensions based on marriage and kids.

The Labour Ministry issued the WP.

This is very interesting. What kind of paperwork did they require ?

[Haddo]

I am a freelance journalist (cameraman actually) - I was here for 10 years for a British news organisation but then went freelance when they wanted me to return to the UK.

They still write me a letter confirming I freelance for them - which I do (along with a number of other news channels etc)

When I got Permanent Residency a couple of years ago, I tried to get my status changed to freelance, to be legit! - but the Foreign Ministry wouldn't do it - they said you can't have freelance status - have to be sponsored by a news organisation. But they don't care who I work for!

(However I do know one journo who has freelance status - she got it a number of years ago though)

[Haddo]

And to renew every year you have to provide links to work you have done. The initial vetting process I think was quite rigorous but once you're established, renewal isn't too much of a problem.

[orpheus454]

That's remarkable, Orpheus. Which immigration office granted the visa, and can anyone get one?

My visa is just a normal Non-Imm with extensions based on marriage and kids.

The Labour Ministry issued the WP.

This is very interesting. What kind of paperwork did they require ?

Just the normal as far as I remember.

I actually didn't apply specifically for freelance, or at least wasn't aware that I was.

I don't know why they issued it like that, but I think the clincher might have been that I applied to fulfil a short term contract with the director's office of the Revenue Department in Bangkok, and had all the appropriate documentation from them. I'd say that gave me a reasonably strong application.

To renew, besides the normal stuff, I only need a current contract with somebody. It may help that these have generally also been with Revenue Department officials.

I'd say I got lucky.

[DrTuner]

This is very interesting. What kind of paperwork did they require ?

Just the normal as far as I remember.

I actually didn't apply specifically for freelance, or at least wasn't aware that I was.

I don't know why they issued it like that, but I think the clincher might have been that I applied to fulfil a short term contract with the director's office of the Revenue Department in Bangkok, and had all the appropriate documentation from them. I'd say that gave me a reasonably strong application.

To renew, besides the normal stuff, I only need a current contract with somebody. It may help that these have generally also been with Revenue Department officials.

I'd say I got lucky.

Ok, thanks for the info. In the replies to OP it does seem to be common to have a "sponsor" of some sorts in order to get the WP.

Would be interesting to hear if anyone managed to get a WP without having any kind of pre-existing contract with a company.

[Arkady]

Thanks for all the replies so far. I get the sense that the MFA definitely does not currently permit freelance status for foreign journalists and their external regulations are indeed drafted requiring foreign correspondents to be salaried individuals working for a particular international news agency. However, they currently appear willing to turn a blind eye when those agencies admit that the correspondents they sponsor are not really their staff and are only paid piece rates, presumably on the understanding that this is international practice and that the MFA doesn't wish to be seen to be restricting freedom of foreign media in Thailand. Nevertheless, they don't seem willing to amend the regulations to reflect this and could enforce them to the letter, if they so chose.

The real problem is probably at the Labour Ministry where the regulations are known to restrict all foreign employees to work only for the employer stated in their work permit. There are plenty of known precedents of people who have been prosecuted for working for an employer or at a location that was not specified in the work permit and I know two personally who were caught doing this while applying for PR and were advised that the Labour Ministry would definitely prosecute them, if they didn't withdraw their applications forthwith. There is a procedure for adding additional employers and locations to work permits which a section at the back to enter the details. So the Labour Ministry maintains there is no excuse for working for employers not listed in the WP.

Regarding self-employment I think Orpheus' experience is highly unusual. I still maintain that being a foreign sole proprietorship violates the Foreign Business Act and that is the standard explanation for why foreign sole propiretorships and not permitted. (They are in the same category in respect of the FBA as unregistered partnerships with majority foreign partners). I think Orpheus is right in thinking that he received special treatment because he doing work for the Revenue Department. I am sure that the Labour Ministry would not normally accept WP applications without an employer, except as provided by the US Treaty of Amity.

I have not seen anything to make me change my view that foreign journalists claiming to be self-employed freelancers are making claims that are not supported by the reality of their legal status in 'Thailand. The MFA will probably continue to turn a blind eye but "freelancers" found to be working for employers other than those stated on their WPs are at risk of prosecution by the Labour Ministry. The same must be true with Immigration. Since NON-M visas and extensions are issued on the basis that the journalist is working for the employer specified in the letter of acknowledgement from the MFA, working for someone else would be an offence under the Immigration Act, liable to deportation and blacklisting.

[ScottMallon]

That's remarkable, Orpheus. Which immigration office granted the visa, and can anyone get one?

My visa is just a normal Non-Imm with extensions based on marriage and kids.

The Labour Ministry issued the WP.

I believe the question was which Labor regional office actually issued your WP and from which immigration office do you get your extensions of stay. I am quit interested having failed to get a WP as as a freelance consultant or instructor.

I went to the Ministry of Foreign of Affairs in Bangkok first. I'm trying to remember where my work permit was issued. In the beginning it might have been on Ratchada. Then if I am not mistaken it was on Ladprao. It's been four years or so since my last extension so I am a little fuzzy. If I can I'll take a look around for the permit as I know I kept it. One thing though - I never felt the need to say, "I'm a freelancer." They definitely put the names of the two organizations I worked for (at different times) but like I said, when I asked the woman about freelancing she said that it is well known that many journalists work for more than one organization. Of course this could come back to bite you in the arse but if you're working as a journalist here and they want to make your life difficult, they can do so quite easily anyway so I wasn't about to quibble.

For the record, my visa was always an M visa during the time when I had the permit.

Edited December 13, 2013 by ScottMallon

[Jay Sata]

I worked in editorial for 20 years at BBC and later Associated Press Television followed by a decade at

Reuters TV.

It quite simple to get the accreditation and be freelance with all the benefits and freedom. You need to form a

limited company in the UK and then work for them as an employee therefore you issue your own accreditation.

A decent tv or broadcast journo needs to be making at least £400/£500 a day or they are not going to make a living.Factor in the cost of the kit and the down days and you'll understand it's not a bed of roses.

You normally have an informal contract with a news agency or broadcaster before you leave home.

As others have said there are the dreamers who have none of the skills or background but might sell the occasional magazine piece. In short it's a hard life and there are easier ways to make money.

[Arkady]

I worked in editorial for 20 years at BBC and later Associated Press Television followed by a decade at

Reuters TV.

It quite simple to get the accreditation and be freelance with all the benefits and freedom. You need to form a

limited company in the UK and then work for them as an employee therefore you issue your own accreditation.

A decent tv or broadcast journo needs to be making at least £400/£500 a day or they are not going to make a living.Factor in the cost of the kit and the down days and you'll understand it's not a bed of roses.

You normally have an informal contract with a news agency or broadcaster before you leave home.

As others have said there are the dreamers who have none of the skills or background but might sell the occasional magazine piece. In short it's a hard life and there are easier ways to make money.

Some of the international news agencies listed by the PRD as having rep offices or reps in Thailand do seem rather flimsy but I thought the MFA was in the habit of contacting their head offices overseas to verify details before issuing the letter of acknowledgment.

[Doctor1]

Seems like it got much harder to get a M Visa nowadays. Does anybody succesfully got a M Visa as a Freelancer at the moment and what are the requierements?