Working as a Photographer in Thailand

[thewelshie]

Hello all

I'm wondering if any of you could shed some light on the legality of being a freelance photographer in Thailand? From my understanding Photography and some other service occupations are prohibited and are under category B of the (Alien business law). These Occupations are only reserved for Thai Citizens, I understand the country should protect it's own people. Is it legal to work as a Photographer with a business visa? And if not what would be the penalty of being found out, fine or worse...

Thanks in advance

[blackcab]

The first point is that you cannot be a freelance anything. You need to be employed by a Thai company.

The second thing is you need a work permit that is sponsored by this company.

The problem as you have already pointed out is that photography is a restricted occupation that is reserved only for Thai nationals.

So ultimately that's a no for your idea.

[Rayk]

No. You cannot under any circumstances work in Thailand as a freelance Photographer.

The penalty would be the same as anyone working here illegally.

A few nights in IDC followed by a court appearance, pay a fine and then deportation with a possible ban from Thailand.

[impulse]

Use the search function to find dozens of good info posts on many threads. Lots of freelance photographers work in Thailand- many illegally, but for years and years. It's more a matter of risk tolerance and risk reduction than strict legality.

It's also not hard to Google up photos from Thailand and contact the owner to see if they have any suggestions.

BTW: I don't advocate it, but it's your decision.

[elviajero]

• It is illegal to work in Thailand as a photographer without a work permit.

You will only get a work permit if employed by a company. You could start a company but it's expensive, and you would need to employ at least 4 Thais.

If found out you could be imprisoned for up to 5 years (highly unlikely), fined and or deported.

[donnybay]

Depends where you are selling the pictures i would guess, but this is probably one of those one post jobbies that gets loads of replies, but you never hear from the OP again

[wooloomooloo]

You'll be a millionaire this time next year.

[taotoo]

but this is probably one of those one post jobbies that gets loads of replies

Apparently so!

[pmarlin]

This American in Bangkok is doing it. https://www.facebook.com/AlLockPhoto/?fref=ts

[samuijimmy]

removed duplicate posts

[kkup]

Many people do this and similar things. Most keep it low key and don't submit posts on Thai Visa about it.

[Maggusoil]

This American in Bangkok is doing it. https://www.facebook.com/AlLockPhoto/?fref=ts

OK, so this is going to get a no.

However, you take a shot here and sell it in foreign markets only. Or your business sells it and is registered in a foreign country.

Would this then make the selling of "any" image illegal, whether one sourced it personally or not, as long as one's body/self/entitiy is in Thailand at the time?

Doesn't this get a little complicated?

I enter ThaiVisa photography competition. I win a holiday resort prize. Is that the same as money? They way the regime acts sometimes is so arbitrary,

one wonders.

If I am on a retirement visa, "everything" I do is a hobby. Right?

If someone "contributes" to my website, is that working?

[thewelshie]

Hmmm interesting, there are many conflicting views and opinions from all the you guys. Ok, well lets say if you're hired by a company based in Thailand who provides a work permit. And you are under a freelance contract, yet you work full time hours. So your not providing photographs for the foreign market but for the Thai market instead. If you have a work permit is it legal to work as a photographer? However it's still considered a prohibited occupation. I'm sure tax is an issue as well...

The best solution is to obviously keep it low key and continue on.

Thanks for all your replies.

[bark]

What about the guys American and UK, who are on Twitter. They post pictures of their trips and travel in Thailand.

They put their names of the bottoms of the pictures. If you try to use the pictures, they ask for money ?

[thewelshie]

What about the guys American and UK, who are on Twitter. They post pictures of their trips and travel in Thailand.

They put their names of the bottoms of the pictures. If you try to use the pictures, they ask for money ?

Yeah but I think that's very different. In my opinion you are only a professional Photographer if you earn a living as one. Sure there are a lot of talented people who are not professionals.

[SoiBiker]

Every poser with an entry-level DSLR calls themself a photographer. They should round up the lot.

Then come for the 'film makers'.

[thewelshie]

Every poser with an entry-level DSLR calls themself a photographer. They should round up the lot.

Then come for the 'film makers'.

Haha true that is very annoying.

[thewelshie]

Hmmm interesting, there are many conflicting views and opinions from all the you guys. Ok, well lets say if you're hired by a company based in Thailand who provides a work permit. And you are under a freelance contract, yet you work full time hours. So your not providing photographs for the foreign market but for the Thai market instead. If you have a work permit is it legal to work as a photographer? However it's still considered a prohibited occupation. I'm sure tax is an issue as well...

The best solution is to obviously keep it low key and continue on.

Thanks for all your replies.

I think the easiest thing to do is forget the word freelance as it complicates things. If a company hires you then you are an employee, not a freelancer.

If you have a work permit it is legal to work under the terms and conditions of the work permit. That means doing the specified job, with the specified job description, in the specified location.

If you could get a work permit, and I do not believe you could, then you would still be tied to the location of the business address. You would not be able to go anywhere you want and work.

Unless you got a Thailand wide work permit, which, again, would be impossible for your occupation as it is restricted to Thai people only.

So if you wanted to work in different provinces you would need a work permit for each province, which means your employer would need a branch office in each province - or you had more than one employer.

Seriously, you would end up tying yourself in knots going this route.

I will agree with you on this, but going back your comment obtaining a permit wouldn't be completely impossible. I think it is the case on not letting immigration find out, after that your pretty sorted. Unless you got a Thailand wide work permit, which, again, would be impossible for your occupation as it is restricted to Thai people only.

[Yipsee1]

How about wandering around, taking pictures of Thai markets, for example; then later deciding to write a book about the subject and finding a publisher. Any ideas?

[elviajero]

This American in Bangkok is doing it. https://www.facebook.com/AlLockPhoto/?fref=ts

OK, so this is going to get a no.

However, you take a shot here and sell it in foreign markets only. Or your business sells it and is registered in a foreign country.

Would this then make the selling of "any" image illegal, whether one sourced it personally or not, as long as one's body/self/entitiy is in Thailand at the time?

Doesn't this get a little complicated?

I enter ThaiVisa photography competition. I win a holiday resort prize. Is that the same as money? They way the regime acts sometimes is so arbitrary,

one wonders.

If I am on a retirement visa, "everything" I do is a hobby. Right?

If someone "contributes" to my website, is that working?

It is very simple......

You can own a business in Thailand and earn income from it BUT you cannot do any work for that business without permission.

In this case the photographer wouldn't get official permission to take photos or operate a website.

[elviajero]

Hmmm interesting, there are many conflicting views and opinions from all the you guys. Ok, well lets say if you're hired by a company based in Thailand who provides a work permit. And you are under a freelance contract, yet you work full time hours. So your not providing photographs for the foreign market but for the Thai market instead. If you have a work permit is it legal to work as a photographer? However it's still considered a prohibited occupation. I'm sure tax is an issue as well...

The best solution is to obviously keep it low key and continue on.

Thanks for all your replies.

If you were hired by a company and the department of labour issue a work permit as a photographer you would be legally allowed to work as a photographer and sell the photos.

If you live in Thailand for more than 180 days per tax year then you are considered resident for tax and would be responsible for submitting a tax return to declare any taxable income.

[elviajero]

How about wandering around, taking pictures of Thai markets, for example; then later deciding to write a book about the subject and finding a publisher. Any ideas?

Writing a book is working and would require a work permit if written in Thailand.

[ozyjon]

With so much freely available content why bother.

[SoiBiker]

How about wandering around, taking pictures of Thai markets, for example; then later deciding to write a book about the subject and finding a publisher. Any ideas?

Writing a book is working and would require a work permit if done in Thailand.

Unless you wrote the book outside of Thailand.

I think that's why they added '...if done in Thailand'.

[aronp1]

Photography is such a wide subject. There are many types of photography. True anybody can push a bottom on a camera, but it's the creative eye and the knowledge of post editing that sets them apart. I think it really depends on what type of photography you're doing. What type of photography do you specialize in? Now I know you couldn't have a set in a shopping center and taking portraits, but you could start a business doing lets say, product photography. You could go the artist route and take picture and have them put into gallery prints. There's a difference between a photograph and a picture, and it take a photographic artist to take photo and make it into a picture. So no not anybody can be a photographer.

[Tingnongnoi]

Hmmm interesting, there are many conflicting views and opinions from all the you guys. Ok, well lets say if you're hired by a company based in Thailand who provides a work permit. And you are under a freelance contract, yet you work full time hours. So your not providing photographs for the foreign market but for the Thai market instead. If you have a work permit is it legal to work as a photographer? However it's still considered a prohibited occupation. I'm sure tax is an issue as well...

The best solution is to obviously keep it low key and continue on.

Thanks for all your replies.

I think the easiest thing to do is forget the word freelance as it complicates things. If a company hires you then you are an employee, not a freelancer.

If you have a work permit it is legal to work under the terms and conditions of the work permit. That means doing the specified job, with the specified job description, in the specified location.

If you could get a work permit, and I do not believe you could, then you would still be tied to the location of the business address. You would not be able to go anywhere you want and work.

Unless you got a Thailand wide work permit, which, again, would be impossible for your occupation as it is restricted to Thai people only.

So if you wanted to work in different provinces you would need a work permit for each province, which means your employer would need a branch office in each province - or you had more than one employer.

Seriously, you would end up tying yourself in knots going this route.

I will agree with you on this, but going back your comment obtaining a permit wouldn't be completely impossible. I think it is the case on not letting immigration find out, after that your pretty sorted. Unless you got a Thailand wide work permit, which, again, would be impossible for your occupation as it is restricted to Thai people only.

I'm not quite sure what you mean.

What I absolutely mean is you will never, ever get a work permit with a job title of Photographer or with a job description that involves taking photographs.

It's that simple.

the only one you can get with a description involving taking photographs is a press one as a photojournalist

[RAZZELL]

Photographer hasn't been on the list for years.

 

Certainly not on the new one:

 

http://www.mol.go.th/en/content/page/6347