Getting Non Immigrant "B" Visa by Working Online ?

[ucomservices]

Hi,

Is it possible to get a non immigrant business visa by working online in Thailand. I do not know if this kind of working would be categorized as getting a visa.

In this case the person working would not be able to show any documents from his employer if he is working freelancing online thru some online selling sites. The only proof would be the Paypal payments received by him whenever sales are made online.

There has to some kind of category under Thai Immigration that this kind of work falls under so as to enable the person to obtain a Visa legally.

All replies are highly appreciated in advance as this is a case which not too many people have discussed on the forums but this option definately requires some serious thinking !!!

[Mario2008]

You can only get a work permit if you work for a Thai based company, with sufficient Thai employees.

[ucomservices]

I mean does working online thru your computer selling goods entitle you for some kind of a Thai visa. There are people who work online without disclosing it as they might to afraid to ask or tell about their online working, but this a Very Interesting Point which people have to face. Well, if this kind of working entitles you for a Visa, then the folks doing this kind of work are legally entitled to fall under a particular Thai visa category and the reson so many folks who are working online without showing are afraid f the consequences, but just look at theotitive side of the picture - all these people would fall under a particular Visa category as denoted by Thai Immigration.

All replies are highly appreciated in advance.

[ucomservices]

Thanks mario2008 for your reply.

My main reason to ask this question was to see of this kind of work entitles you to fall under some kind of Thai visa category.

[digitalchromakey]

You need a Work Permit to work legally in Thailand and a Non immigrant 'B' visa 90 day entry is only one requirement, along with other personal and company documents - see link below for non 'b' criteriae:

http://www.mfa.go.th/main/en/services/123/15388-Non-Immigrant-Visa-%22B%22-(for-Business-and.html

Basically you will need a Thai Employer to get a Work Permit.

There have been rumblings in the past about so called 'freelance' work permits but there is little documented evidence of any people actually successfully applying under this category without having at least a 'sponsor' Thai company.

In theory form WP1 allows one to apply to Labour as a freelancer - see attached below:

Form_tt1.pdf

[ucomservices]

THANKS

FOLKS

FOR REPLYING TO MY QUERY BUT HONESTLY IT IS STILL NOT CLARIFIED.

THE QUESTION STILL REMAINS.

"DOES WORKING ONLINE IN THAILAND ENTITLE YOU TO GETTING A THAI VISA UNDER ANY CATEGORY ACCORDING TO THAI IMMIGRATION RULES OR NOT" ????

[JLCrab]

NO.

[ucomservices]

Well JLCrab,

All the people working online without telling immigration are afraid as this is not legal.

What this implies is that since Thai immigration categorize as this as working in Thailand and making money then why had due significance not been given to it under any Thai visa category ??

[digitalchromakey]

Well JLCrab,

All the people working online without telling immigration are afraid as this is not legal.

What this implies is that since Thai immigration categorize as this as working in Thailand and making money then why had due significance not been given to it under any Thai visa category ??

Having a Thai Visa does not entitle anyone to work in Thailand, so whether you have the correct visa or not you cannot work.

[digitalchromakey]

THANKS

FOLKS

FOR REPLYING TO MY QUERY BUT HONESTLY IT IS STILL NOT CLARIFIED.

THE QUESTION STILL REMAINS.

"DOES WORKING ONLINE IN THAILAND ENTITLE YOU TO GETTING A THAI VISA UNDER ANY CATEGORY ACCORDING TO THAI IMMIGRATION RULES OR NOT" ????

No.

[JLCrab]

OP asked specifically is there a visa designation for working online. There is not.

[ucomservices]

Well JLCrab like you said that there is no visa designated for working online, then why would Thai immigration deter your from working online while your stay in Thailand,if this kind of visa provision is not there.

This leaves us with a big Q ???? Mark ????

If this is illegal according to Thai immigration I.e. working online while staying in Thailand, the if has to fall under some Thai immigration rule and regulation thus making it legal.

Casual browsing on the Internet or some kind of correspondence while staying in Thailand for your working organization anywhere outside or inside Thailand is kind of understandable but if this kind of online work is enabling you to make money during your stay in Thailand then it has to covered under some section of the Thailand rules.

Thai immigration categorizes online working while in Thailand is also a way of making money during your working hours. They deter you in this respect, so to make it official in their eyes some kind of Rule or Regulation in their Thai Rule Book has to be there definately.

A country such as Thailand that is having so many rules because of so many tourists and foreigners coming here regularly, I'm sure would not have overlooked this angle of online working as they are very particular in all their policies.

So some angle to this kind of work from the Thai Authorities definately has to be there.

Kindly delve in a little more depth to clarify this issue for the benefit of all those who want to work online while in Thailand.

[Alwyn]

THANKS

FOLKS

FOR REPLYING TO MY QUERY BUT HONESTLY IT IS STILL NOT CLARIFIED.

THE QUESTION STILL REMAINS.

"DOES WORKING ONLINE IN THAILAND ENTITLE YOU TO GETTING A THAI VISA UNDER ANY CATEGORY ACCORDING TO THAI IMMIGRATION RULES OR NOT" ????

Let me clarify it for you. No. Unless you are working for a Thai company (which could be your own of course) and meet the criteria for share capital and Thai employees etc you will not get a WP or a non B visa to allow you to work online regardless or not if you are selling only Thai products. You could do what my mate did and do it from Cambodia - He's now in Vietnam enjoying his work and life! In Thailand even foreign volunteer workers need a WP.. It is what it is and you nor me will be changing it unfortunately

[ucomservices]

Clarified to some extend but still the question remains ???

What category does working online in Thailand for foreigners come under. If the Immigratio says it is not legal to work like this on your stay in Thailand, then what would make it legal is the real Question ??

If a foreigner working online while in Thailand and making money thru his work, then he has to fall under some visa category according to Thai immigration rules or else he has to get some kind of paperwork done under the Thai laws like a work permit or otherwise.

[masuk]

Well JLCrab like you said that there is no visa designated for working online, then why would Thai immigration deter your from working online while your stay in Thailand,if this kind of visa provision is not there.

This leaves us with a big Q ???? Mark ????

If this is illegal according to Thai immigration I.e. working online while staying in Thailand, the if has to fall under some Thai immigration rule and regulation thus making it legal.

Casual browsing on the Internet or some kind of correspondence while staying in Thailand for your working organization anywhere outside or inside Thailand is kind of understandable but if this kind of online work is enabling you to make money during your stay in Thailand then it has to covered under some section of the Thailand rules.

Thai immigration categorizes online working while in Thailand is also a way of making money during your working hours. They deter you in this respect, so to make it official in their eyes some kind of Rule or Regulation in their Thai Rule Book has to be there definately.

A country such as Thailand that is having so many rules because of so many tourists and foreigners coming here regularly, I'm sure would not have overlooked this angle of online working as they are very particular in all their policies.

So some angle to this kind of work from the Thai Authorities definately has to be there.

Kindly delve in a little more depth to clarify this issue for the benefit of all those who want to work online while in Thailand.

Make sure you only work when your maid is not at your home.

I once read on these pages of a maid getting a bit p...d off and reporting her boss to Immigration.

[JLCrab]

Thailand wants to encourage investment in the on line services sector by properly registered companies including those under BOI provisions. Any policy that might allow those to operate in Thailand without meeting those provisions and hiring the requisite number of Thai employees serves as a disincentive to those willing to make such investments.

The Thai authorities are I would presume well aware of the under-the-radar on line economy in Thailand but as long as it is only tolerated but not encouraged that seems to be acceptable to the parties as above. At a certain point one has to deal with Visa and Immigration restrictions and to show how one is supporting oneself if Thailand, if so queried.

Edited June 20, 2014 by JLCrab

[ucomservices]

I think all answers are sidestepping the main point.

If it is illegal to work online while staying in Thailand as a foreigner, then how does one get the legal angle to This working point in Thailand.

Of someone commits a crime in Thailand the he has to face the consequences, then how does the working online issue get absorbed in the Thai laws as a legal issue.

It is not a question of investment, visas or work permits.

A very simple question that has never been maybe thought about by anyone for that matter and always getting sidestepped.

UNDER WHAT THAI LAW DOES WORKING ONLINE WHILE YOUR STAY IN THAILAND COME UNDER when the Thai immigration depp which is comprised from the ROYAL THAI POLICE terms it as illegal, so how does this issue get the legal angle to it.

[JLCrab]

I like that one -- nobody has ever thought about it.

[weiwei55]

THANKS

FOLKS

FOR REPLYING TO MY QUERY BUT HONESTLY IT IS STILL NOT CLARIFIED.

THE QUESTION STILL REMAINS.

"DOES WORKING ONLINE IN THAILAND ENTITLE YOU TO GETTING A THAI VISA UNDER ANY CATEGORY ACCORDING TO THAI IMMIGRATION RULES OR NOT" ????

No. You are allowed to do it however. as long as your work doesn't involve thailand, thai companies or people in any way it's agreed by thai officials that you can do your work in peace, mai pen rai. i think you still owe the thai government taxes...

[ukrules]

I think all answers are sidestepping the main point.

If it is illegal to work online while staying in Thailand as a foreigner, then how does one get the legal angle to This working point in Thailand.

Of someone commits a crime in Thailand the he has to face the consequences, then how does the working online issue get absorbed in the Thai laws as a legal issue.

It is not a question of investment, visas or work permits.

A very simple question that has never been maybe thought about by anyone for that matter and always getting sidestepped.

UNDER WHAT THAI LAW DOES WORKING ONLINE WHILE YOUR STAY IN THAILAND COME UNDER when the Thai immigration depp which is comprised from the ROYAL THAI POLICE terms it as illegal, so how does this issue get the legal angle to it.

You have your answers.

It IS ILLEGAL to work online or otherwise without a work permit. There is no way around it without getting one.

It comes under the law which says no foreigners can work in Thailand without a work permit, it doesn't have much to do with visas. If you get caught working without a work permit you will be deported regardless of what visa you have.

A visa doesn't entitle anyone to work. Only a work permit and the correct type of visa can do that. To get a work permit you need to get it from an established company (not a newly formed company from what I understand !) which employs a certain number of Thai staff and has audited accounts, etc.

If you don't have that then it is impossible to legally work in Thailand without it.

So you won't be able to get a non immigrant B visa if you say you're going to work online in Thailand - you would essentially be telling them you're going to work illegally which would be grounds to refuse you the visa in the first place. Even if you did get this visa it still needs a work permit.

Edited June 20, 2014 by ukrules

[JLCrab]

From Post #17 above: It is not a question of investment, visas or work permits.

And here you come on here UKr you old fuddy-dud and say that it is a matter of investment, visas, and work permits. I am inferring that there is a suggestion that there is some other way to be legal working on line absent the above talking points that no one has ever thought about. I am waiting to hear what that is.

Edited June 20, 2014 by JLCrab

[digitalchromakey]

I think all answers are sidestepping the main point.

If it is illegal to work online while staying in Thailand as a foreigner, then how does one get the legal angle to This working point in Thailand.

Of someone commits a crime in Thailand the he has to face the consequences, then how does the working online issue get absorbed in the Thai laws as a legal issue.

It is not a question of investment, visas or work permits.

A very simple question that has never been maybe thought about by anyone for that matter and always getting sidestepped.

UNDER WHAT THAI LAW DOES WORKING ONLINE WHILE YOUR STAY IN THAILAND COME UNDER when the Thai immigration depp which is comprised from the ROYAL THAI POLICE terms it as illegal, so how does this issue get the legal angle to it.

Working of Aliens Act BE 2551 Section 9 and 10.

http://www.thaivisa.com/forum/index.php?app=core&module=attach&section=attach&attach_id=162114

Edited June 20, 2014 by digitalchromakey

[simon43]

If it is illegal to work online while staying in Thailand as a foreigner, then how does one get the legal angle to This working point in Thailand.

You have had your answer - several times. It is illegal to work in Thailand without the correct work permit. You cannot get a WP for working 'freelance' on-line. You could apply for a WP if you register or work for a Thai limited company or partnership, which has the required number of employees, registered capital etc.

[timmyp]

You could set up a company, then have your company sponsor you to get a work permit. Setting up a company requires a fair amount of funds, but if your online work is lucrative enough, then you should look into it.

You sound like you are scolding people on this forum, as if they owe you and are required to provide the answer you are looking for. I'm surprised people are being so nice to you in their responses.

[ucomservices]

Well guys the question is sill going in circles round and round.

What category or criteria do u come under if you wanted to work online in Thailand. Surely this angle of working online has to be covered under some thai regulation in a country that has made laws for all kinds of things.

AN ANSWER STILL AWAITED !!!

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[digitalchromakey]

Well guys the question is sill going in circles round and round.

What category or criteria do u come under if you wanted to work online in Thailand. Surely this angle of working online has to be covered under some thai regulation in a country that has made laws for all kinds of things.

AN ANSWER STILL AWAITED !!!

----------------------------------------------

All law is ambiguous and Thai law is no exception.

There is no category or criteria for such work beyond the blanket definitions as defined in the Working of Aliens Act 2551.

[StefanBBK]

Well JLCrab,

All the people working online without telling immigration are afraid as this is not legal.

What this implies is that since Thai immigration categorize as this as working in Thailand and making money then why had due significance not been given to it under any Thai visa category ??

Nowadays many jobs can be performed any time and any where, provided you have connectivity. I believe there is no country that actually has provided a clear cut legal base for immigrants doing so in their country.

Seems to me that nobody really cares, as people working online usually are well situated and do not burden the country.

Can you imagine, basically every manager in vacation picking up the phone or answering an email technically breaches the law here in Thailand...

Sent from my GT-I9500 using Thaivisa Connect Thailand mobile app

[ucomservices]

I really appreciate all the people with their nice and lovely information answers but like I said this does not hit the nail on the head, my dear sadly.

The positive member had some imfomative answers that you cannot get a WP for working online.and Timmyp wa informative enough to say to set up a company if it is lucrative enough to do this kind of work in Thailand.

Now we have another question that arises ???

REMEMBER THE FORUMS ARE ALL HERE TO GUIDE AND HELP us have ways out with problems that arise. So it should be in no way taken as I'm being stubborn or scolding the good folks on the forum for their replies.

My only intention is to take out the Juice from this question for everyone's awareness and benefit - NOTHING MORE.

Like I said that the other question that has risen now is that what kind of a company structure would be required to be set up since it is only one individual who is proficient enough to do this work online.

ALL REPLIES HIGHLY APPRECIATED IN ADVANCE AND I AM SORRY IF SOMEONE TOOK MY PRESEVERANCE IN THIS MATTER AS BEING RUDE !!!

[JLCrab]

OK let's look at it this way as something maybe someone has never thought about: It is illegal for a non-Thai citizen to work online without a work permit regardless of the under-the-radar considerations. But the exact same work would be legal for a Thai. So why not get a Thai person to sit down at your computer and do all the work while you whisper into his/her ear what buttons to push and what to type.

You are not per the Ministry of Labor 'exerting effort' and you (maybe) are not 'employing knowledge' as you are just having a conversation with the Thai person -- maybe no more than having a knowledgeable conversation at the local bah farang.

[mahjongguy]

""What category or criteria do u come under if you wanted to work online in Thailand.""

You are in the category of many many others who have asked this question before and had it answered.