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Immigration are circling my classroom - what can I do?


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Tricky situation, you in the wrong although in many ways you benefit to the community. Even if shut down they got enough evidence and can question a lot of parents if want push a case & pull you in for questioning.

It got potential get ugly and expensive and ruin your life so be sure make wise choices that you may not like doing .

 

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13 hours ago, mstevens said:

This is an awkward situation.  On the one hand (I presume) you are offering a valuable service to the community, imparting your knowledge, teaching a skill that is important for all Thais and hopefully making young Thais more comfortable around foreigners.  On the other hand you have flagrantly flaunted the law for a very long (!!) time and have not jumped through all the hoops and gone to the not inconsiderable expense and hassle that others doing the same thing have gone through.

 

From the sounds of it you have had a good run and been very lucky to have operated for as long as you have.  If it were me I'd close the business down and hope that that is the end of it and there are no consequences.  Sometimes you have to know when it's time .... and it seems now may be that time.

 

fair pints and risk assessing what the OP is doing i'd be inclined to agree it's best to cut his loses and close down. assume he also hasn't been paying tax so they could really throw the book at him.

 

on the the other hand this is a foreigners perspective, i think firstly i'd suggest talking to educated thai friends, assume he has some, and get a handle on what might be going on from a thai perspective as all that may be required is regular payments to the powers that be.

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4 hours ago, gdgbb said:

 

Absolute nonsense.   Put food on the table legally, and make sure you can do it before you take on the responsibility of a family who will depend on you.

Absolutely correct. Operating a legal business ain't so hard if you follow the rules and are able to go with the "flow". It's just a matter of actually wanting to operate a legal business instead of taking the easy way out.

For foreigners married to a Thai person, they already allow us to stay in Thailand under a non-immigrant o visa which is easily obtained. Starting your own business or finding a job if you're qualified is not so difficult.

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That guy that overstayed for 7 years and only had a 20k fine got a round of applause on this forum. This guy created a school to teach kids and raise his family and gets condemned. Whilst it was/is flouting the law I understand his actions but 16 years of fear hanging over your head seems crazy.

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Sorry - I didn't read all seven pages of replies so my input my be repeating advice provided by others...

 

But: You've been caught. You will now suffer the consequences.

 

You have a very brief window of time in which you may take action(s) to "better?" the situation. 

 

Options: 1) contact and hire a lawyer for solid legal advice, 2) immediately file the paperwork to establish a business, work permit, etc. (i.e. become legitimate) don't forget taxation and back taxes, and, lastly, 3) flee the country before you are apprehended. The old adage "reap what you sow" applies here. "Making a living", "supporting a family", etc. carry no weight - you broke the law and finally got caught. There is no "acceptable" excuse for this.

 

In your shoes, I would be on a flight exiting the country ASAP, making plans to relocate my family to another country. Hoping, that I am not too late in making my exit...

 

Good luck, but, it is time to pay the Piper.      

 

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56 minutes ago, JoeW said:

Absolutely correct. Operating a legal business ain't so hard if you follow the rules and are able to go with the "flow". It's just a matter of actually wanting to operate a legal business instead of taking the easy way out.

For foreigners married to a Thai person, they already allow us to stay in Thailand under a non-immigrant o visa which is easily obtained. Starting your own business or finding a job if you're qualified is not so difficult.

In your preaching, you are 100% right.
This should have been heard by the OP 16 years ago.
Now it's too late.
This is now about concrete damage limitation and behavioral tips.

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10 minutes ago, JustAnotherFarang said:

Hi guys

 

I am the original poster and inbetween fretting, stressing and trying to close all the loopholes that could leave me hanging I have also taken the time to read every single response which was quite overwhelming.  Thank you to everyone, even the naysayers and bitter ones for taking the time to read my posting and for taking the time to reply.

 

Firstly, I would like to take this opportunity to set the record straight regarding information that I failed to include in my original posting.  I am a married to a thai national who I have been with for 16 years and I live in Thailand with my non immigrant o visa.  Whilst I am well spoken, articulate and with a sensible amount of intelligence I have never attended university and do not possess a degree.  The reasons for this are of a more personal nature but suffice to say that I was brought up under the care of the local authorities in childrens homes and upon reaching the ripe old age of 16 I was allowed into the community to pursue my own life.  Instead of choosing higher education I set out into the world of work and found several jobs of gainful employment.  At the age of 31, on a new years eve, I finally left my home to travel around Asia and on day 4 of my travels I met a girl, a very decent and reputable lady, who became my wife. 

 

I started teaching in the local school 14 years ago, I was the only farang in the small town and I taught nigh on 1250 students every week for a wage of 25,000 bht without a work visa.  This was my humble beginning to teaching and although it was extremely tiring, I thoroughly enjoyed helping the community that I lived with and became very popular.  That was when I started teaching privately and at first I had about 30 students who enjoyed learning with me.  Business was good and everyone was happy.

 

After 3 years, the school had a change of headmaster and the new guy decided that I was surplus to requirements and so that was when I decided to up sticks and move into a more central area of the large province that I live in.  Once again I got a job working in a government school and within a short time I was teaching students privately.  My style of teaching is considered to be humourous and entertaining and my perceived personality is considered kind and pleasant.  I was admired by parents who wanted their kids to learn with a clean cut guy who did not drink, smoke or frequent any places of ill repute.

 

After another 2 years of working in the government school the laws started to change and the fact that I did not have a degree became a major sticking point. This is when parents asked me to concentrate on just teaching privately and I jumped at the opportunity to carry on living in the province I now called home.  Over these years I have built up a very profitable and successful business, purely by word of mouth and quality teaching and I became well known to almost everybody in my hometown.  The business was profitable enough that I was able to buy land and build my own home which had always been a life long dream as I had never had a home to call my own.  My students often come to visit me there and we hold christmas parties and special occasions for  them on a regular basis.  I must add that my classroom is not situated at my home, I have a separate premises for my business.

 

About 18 months ago, a member of thai immigration came to inquire about classes for her child.  I was quite surprised to see her as she had found me in situ so to speak but she still enrolled her child to come and learn everyday.  Her daughter excelled along with the other students but 8 months ago her mother pulled my wife to one side and asked if I had a work permit.  My wife replied honestly and the official said that I must get a work permit as things were changing.  The following term, her daughter stopped learning with us.

 

It was only in the last 2 weeks that our suspicions grew.  The neighbour across the road is a friend of my wife as they often meditate together at the local temple and she forewarned my wife of their initial enquiries.  Last night, it was my wife herself who recognised and realised that the same guy was driving past the classroom with another guy.  Later on, she also recognised the other guy who we normally deal with at immigration driving by as well, very slowly and obviously looking to see what was going on.  We immediately recognised the imminent danger and decided to forego the Xmas party and present giving that was scheduled for today and decided to leave the classroom in darkness for the foreseeable future.  We realise now that to continue would be suicidal and we are taking evasive actions with regards to dismantling the classroom, consulting with a lawyer and calling upon those who might be able to offer assistance.  

 

This is, as those who are more empathetic, a very very sad time for us.  Although we realised that we were breaking the archaic law that prevents a man from providing for his family, we had also assumed that everyone knew who we were, where we were and that we are just normal upstanding members of the community providing a valuable service to the people within our province.  We have always hoped that they would leave us alone to continue on our way as has been the case for 14 years.  Although I may not have paid tax directly, I have contributed countless hours of voluntary work and have assisted many poor students who were unable to pay, to enjoy an opportunity of an education that has benefited their families directly.  We always thought of it as a more karmic offering and that we were giving back to the community at a more grass roots level.  I have also supported my wife and her large family and I have paid for and put 5 of their children through university education.  They now all have well paid jobs (by thai standards) and can look forward to reaping the harvest of the seeds we have sown for them.  

 

But alas, it now all seems for naught as I am now in jeopardy. And now that I have bared my soul I can see those naysayers, ne'er do wells and others of a more pompous and superior disposition picking there way through this posting, look for minute and miniscule reasons to berate me and add insult to injury.  So I say to those guys, those who feel that they must grind an axe to feed their moral superiority, to just stop for a moment and consider those words that you might write.  I have done my very best, for each and every individual I have met along the way to try and tried to make a positive difference to their lives.  Yes I was financially rewarded and yes I have done well for myself but I have dedicated myself to working 7 days a week for 14 years to build my own home.  I do not think that I am the be all and end all and nor do I need or seek any applause but I really do not deserve such condemnation from any man  just for trying to do the very best that I can for my wife and my family.

 

Last but not least, to my students who will read this message on Facebook, it is with a very heavy heart and great sadness that I am forced to bid you all farewell.  I will take the time to say goodbye to you all personally and to give you your Xmas presents.  We have had some great times together and watching you all blossom from young children to the mature and open minded individuals that you have become today has been one of the greatest joys in my life.  A lot of you are like family to me and I will dearly miss you all but remember that if ever you need a friend, a shoulder to lean upon or just some friendly advice, I will always be there for you.

 

And so, with the motto of thai immigration motto of "good guys in, bad guys out" ringing in my ears, I bid you all a good day and may you have pleasant holidays with your loved ones

 

JAF

 

 

 

 

 

 

 

well written pitch

 

but I do think that you see things rather upside/down

there are no archaic laws in Thailand preventing a man (or woman) to provide for a family

teaching village children is no pass to bypass Thai legislation

 

you have systematically and knowingly been breaking Thai legislation for years and years

what do you expect now? nice treatment?

 

as said above IDC ain't no suitable place for the festive season, or any other season for that matter,

there are numerous flights out of Thailand in all sorts of directions every day, avail yourself of one of them

 

then try sort things out with the help of wife and/or whatever (posssibly) influential friends you might have

and make things legal before a possibe return to Thailnd

 

 

 

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1 minute ago, MobileContent said:

To the OP thank you for sharing.

 

Just register a language school, file it as well with the Education Ministry and explain the situation to tiehter the PYB or Kamnan to talk to the authorities (Immigration). Also in all those years you must had build some type of local contacts and it would be good to have those contacts now activated.

 

I don't think the authorities want to to kick you out of the country as they would have done it already.

 

Let your wife handle the authorities and negotiate an outcome that is acceptable for everyone.

It also does not hurt to apply for a work permit. Ok, there are missing documents. At the moment of your application you have 30 days to provide the missing documents. So bring the whole first to hover.  Normally you get a receipt for your applicationWill help you win time. 

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Yes, thanks for sharing OP. I for one wouldn't berate anyone for trying to provide for their family. The problem you seem to have is that you've cheated the system by tax evasion. The house you have built? Is it safe or may the tax people grab it to pay the tax you've evaded. I don't take any pleasure in posting this or the fact that your demise looks to be imminent. It just p---es me off that some people can get away with doing which most of us have to do, i.e. pay our taxes and hold our services up to whatever type of scrutiny the government wish to impose on us.

All that being said, I wish you the best. 

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You seem like a nice fellow, but to actually believe that the man would just leave you alone to make a nice living while avoiding all the legal, logistical and moral issues that the rest of us deal with as we also move though life, raising our own families, saving for retirement, and also doing our part to help others along the way is, in my opinion, nothing but magical thinking. It comes across as a bit of selfish, me first, l'm special as well.

Your subsequent post was, however, very nicely written.


Sent from my iPad using Thaivisa Connect

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Or you could arrange a work permit with someone at immigration or an immigration agent while that someone will be more than happy to arrange a work permit for you while you would be far from the first person to have a work permit arranged by that "someone" who takes care of such matters and or such situations when need be  ...and happens all the time....here in good ole Thailand that is......

Get it? ..Got it? ..Good...lol

 

Cheers

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Sounds a significant number of criminal offences have been piling up over 16 years: working without a work permit; operating an unregistered business; operating a school without a licence; working as a teacher without a teacher's licence; failure to file an income tax return; tax evasion; possibly failure to register for VAT and VAT evasion. Most of these would also be offences for Thai citizens.  Leaving Thailand on an extended vacation seems a good idea and then not returning to live anywhere near that part of the country.  They have probably got all the evidence and witnesses needed to convict on several of these charges, even if the school is closed down immediately. 

Edited by Dogmatix
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3 hours ago, stevenl said:


They won't go through that trouble. If the school is closed the violations have stopped, end of story.

Sent from my ROBBY using Thaivisa Connect mobile app
 

Wouldn't count on it, depends how much effort been put into investigating it. Certainly an awkward situation and the immi officer who advised getting correct permits won't be too pleased his advise ignored. Always best be prepared for worst but expect the best ...

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10 hours ago, mstevens said:

 

Thailand is not China and suggesting that this fellow's days are numbered is ridiculous.

 

There could be any of a number of reasons why Immigration was monitoring the classroom.  It might be that a student's parent was unhappy about something at the school and complained to them in spite.  It might be that a competitor school complained.  It might be that the OP or his wife unwittingly offended an Immigration officer or someone closed to an Immigration officer and did not even realise it.  Anything could have caused the OP to come under Immigration's spotlight.  Without knowing what has caused him and his operation to come to their attention, your comments are alarmist.  Shutting down the operation might put an end to the attention he was receiving.

 

If the OP and his wife are reasonable people they might just be able to work the issue through if the authorities do come knocking.  Saying the OP's days in Thailand are numbered is ridiculous.  That is not the case at all.  At the end of the day the OP was operating a school to HELP THAI PEOPLE and Immigration would understand that, while at the same time they know he was working illegally.  Even if something comes of this, it can be worked out and often the Thais are remarkably easy to deal with if you are respectful to them and admit you were in the wrong.  Contrition and respect go a long way when dealing with investigating officers in Thailand.  It's not like the OP was dealing drugs or doing something else very clearly wrong, right?!

he was operating the school to make money and didn't pay any tax. If he wanted to help the Thai people he would teach for free or pay tax.

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11 hours ago, mstevens said:

 

Thailand is not China and suggesting that this fellow's days are numbered is ridiculous.

 

There could be any of a number of reasons why Immigration was monitoring the classroom.  It might be that a student's parent was unhappy about something at the school and complained to them in spite.  It might be that a competitor school complained.  It might be that the OP or his wife unwittingly offended an Immigration officer or someone closed to an Immigration officer and did not even realise it.  Anything could have caused the OP to come under Immigration's spotlight.  Without knowing what has caused him and his operation to come to their attention, your comments are alarmist.  Shutting down the operation might put an end to the attention he was receiving.

 

If the OP and his wife are reasonable people they might just be able to work the issue through if the authorities do come knocking.  Saying the OP's days in Thailand are numbered is ridiculous.  That is not the case at all.  At the end of the day the OP was operating a school to HELP THAI PEOPLE and Immigration would understand that, while at the same time they know he was working illegally.  Even if something comes of this, it can be worked out and often the Thais are remarkably easy to deal with if you are respectful to them and admit you were in the wrong.  Contrition and respect go a long way when dealing with investigating officers in Thailand.  It's not like the OP was dealing drugs or doing something else very clearly wrong, right?!

I'm sorry but you are dead wrong. That's just like saying don't worry about overstaying because you can pay the fine and move on with your life. All the reasons you stated are really valid reasons for why the op should be scared. A rash of complaints from students who paid tuition upfront and now find the school closed, is another reason to be scared of the result. You don't have experience with any immigration legal matters so I would refrain from these relaxing comments. The op may well be in serious trouble and should contact a lawyer for advice.

Edited by wmlc
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