Visa Run Necessary?

[Rossi]

Hi there,

I'm a german guy currently studying thai at the university in Bangkok. As I will do an internship from June to August, I asked for a Business-Visa in Germany, because I was advised here in the forum that even an internship will be classified as work, which is not allowed with a Educational-Visa.

OK, now the first 90 days are going to expire soon and I have to renew... Now the question is, if this is possible to be done in the Immigration-Office in Bangkok. I'm asking that, because my friends from the university who are here with a Educational-Visa just go to the Immigration-Office with a letter from the university and they will get another 90 days without having to do the visa run! For me I'm not sure if I will run into trouble by asking for another 90 days with this official university letter but having a Business-Visa. Does anyone know if this might work?

Also I would like to know if it's true that I don't need a work permit for my internship as it will not last longer than 3 months! That's what the company I will work for told me. I'm just not sure if this will cause a problem if I apply for a real work by the end of the year, which will lead to a total working time of more than 3 months for this year (probably for different companies).

ROSSI

[huski]

Also I would like to know if it's true that I don't need a work permit for my internship as it will not last longer than 3 months! That's what the company I will work for told me.

your company may be wrong, you should check with the Department of Employment of the Ministry of Labor

All aliens engaged in any kind of work in Thailand must hold a valid work permit, issued principally by the Department of Employment of the Ministry of Labor and Social Welfare pursuant to the Alien Employment Act B.E. 2521 (A.D. 1978).

The term "work" is defined very broadly, covering both physical and mental activities, whether or not for wages or other remuneration. Working without a valid work permit even for a day is a criminal offense.

Work permit Thailand

[manfromoz]

Huski,

isn't there is a clause in that definition somewhere about companies who can define a job's length can get special permission to use foreigners without the need for a valid work permit?

[huski]

Huski,

isn't there is a clause in that definition somewhere about companies who can define a job's length can get special permission to use foreigners without the need for a valid work permit?

manfromoz, not that i'm aware of.

an employer also faces legal charges for hiring an alien without a work permit

Working without a valid work permit even for a day is a criminal offense.

1. An alien who receive a non-immigrant visa can work in Thailand after having received a work permit. Any violation thereof shall make the employee liable for imprisonment not exceeding three months, to pay a fine not exceeding five-thousand Baht, or both penalties.

2. An alien who performs work that is prescribed by the Royal Decree B.E. 2522 (1979) which prohibits alien employment in certain occupations and professions is liable to be imprisoned not exceeding five years, will be fined from 2,000 to 10,000 Baht, or both penalties.)

[manfromoz]

huski,

this is what I was thinking off, alyhough it does not apply in this case.

"Exemption from Work Permit requirements is granted to aliens who enter the Kingdom temporarily, but in accordance with the immigration law, to perform any work of any "urgent and essential nature" for a period not exceeding 15 days. However, such aliens may engage in work only after a written notification on a prescribed form, signed by the alien and endorsed by his employer, has been submitted to and accepted by the Director-General or his designee. "

"Aliens entitled to this treatment may enter Thailand with any kind of visa, including a transit visa. The term "urgent and essential work" is not explicitly defined and consequently, the issuance of this sort of exemption is a matter of administrative discretion. "

[huski]

huski,

this is what I was thinking off, alyhough it does not apply in this case.

"Exemption from Work Permit requirements is granted to aliens who enter the Kingdom temporarily, but in accordance with the immigration law, to perform any work of any "urgent and essential nature" for a period not exceeding 15 days. However, such aliens may engage in work only after a written notification on a prescribed form, signed by the alien and endorsed by his employer, has been submitted to and accepted by the Director-General or his designee. "

"Aliens entitled to this treatment may enter Thailand with any kind of visa, including a transit visa. The term "urgent and essential work" is not explicitly defined and consequently, the issuance of this sort of exemption is a matter of administrative discretion. "

i believe if something needs repair and a specialist is flown in to thailand there are exceptions, or one is exempt to allow "urgent and essential nature" work.

also when there are games or matches in sports within thailand there are arrangements to allow athletes to play.

i know paradorn has a thai diplomat passport for tennis which allows him to go right through immigration anywhere in the world. happen to fly from the US on the same thai airways plane with him last year. he showed me his passport on the plane. in bangkok, i stood in line while he went cruising through immigration without breaking stride.

[manfromoz]

Since there is "The term "urgent and essential work" is not explicitly defined" I guess it will all come down to who processes the paperwork.

TIT

[Rossi]

Thanks for all these comments. I read all I could find about the topic and I also couldn't find any paragraph stating that for my purposes a work permit is not required. I wrote a mail to the compay where I will do the internship stating that in my opinion I will need a work permit even if I only work a single day. As answer I got the following:

"we spend a lot of money regarding this issue with consultant as Baker, Deloitte.... I am prety sure of the situation. An alien working for one company more than three months needs to be on the payrol of the company, pay local income tax and so must have a work permit. Under the period of three month the work permitis not requested."

Can someone tell me if this is definetly wrong

I don't want to cause to much trouble to the company as I would have to leave Thailand immediately in case I can't get the internship there.....

Please help

ROOSI

[huski]

Can someone tell me if this is definetly wrong

rossi, you should check with the Department of Employment of the Ministry of Labor