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Moving to Thailand, working online - what do I do?


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1 hour ago, Happy Grumpy said:

He was working 'onsite'. Going around to Thai train yards, Thai footpaths and markets and interviewing Thais and producing his work in Thailand.....

 

That's not remote work.

 

Jeez. 

Where you are physically is where you are working. Even if you are “working remotely” you are working in Thailand, which requires permission under the law.

 

Try renting an office, buying a load of computers and employing foreigners, and see how you get on when the authorities come knocking and you declare they are working for a “remote” foreign based company, receiving the income abroad and only have non-Thai customers. You’d be closed down in a heartbeat.

 

One reason individuals get away with a similar practice is because they are individuals and off the radar.

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2 hours ago, elviajero said:

Shall not engage in the occupation or temporary or employment unless authorized by the Director General. or competent official deputized by the Director General

 

These are outdated laws written before the digital age we're living in and are for people who come here looking for work in Thailand , not outside Thailand. I would not use that as an example , it will just lead to confusion .

 

We have several examples from Thai officials the last 2-3 years  commenting in the media that digital nomads can continue with what they do , as long as they have a valid visa.

 

You are one of the few posters in here that will not give up on this issue and I wonder why .  Does it bother you ? 

 

 

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As mentioned numerous times on this thread and many similar threads about this subject, if the OP works at home and doesn't blab about to everyone about what he is doing the chances of him having issues with Immigration are zero so who cares if he needs a WP or not? Who cares if it is legal or not? He won't be caught even if he is working illegally

 

As the above poster said it's just the same boring posters time after time trying to prove they are right to people who don't care if they right or not

 

 

Edited by darrendsd
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2 hours ago, elviajero said:

Try renting an office, buying a load of computers and employing foreigners

 

Goooooooood Lord almighty.

 

It's obvious that you have no understanding whatsoever about what working remotely for a non-Thai company/company in Thailand means. ?

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5 hours ago, theguyfromanotherforum said:

Seriously, what does digital nomad do in Thailand? The specific job that they do?

Most just try and make videos and post on youtube and other sites and try to make money from subscribers, people that click ads on their sites,  or they run blogger sites, post articles, notes, vids, or whatever and hope to get people to visit their site, view ads, etc.  Some really do do free lance and maybe write articles for newspapers, or magazines or other types of online web sites.  Some do have jobs back in their home country that allows them to work remotely, (write software, peer review editor for technical journals, etc..) but I don't think they fall under the most common definition of digital nomad.  Digital nomad to me, implies unsteady, uncertain work, not a regular job that simply allows one to work remotely.  And the so called digital nomad doesn't make a regular salary or income, doesn't have proper medical or travel accident insurance, does save or invest for retirement, tends to be younger people that think or hope or envision they can flit about anywhere and live.  I reference a person that went by the  monicker CheapCharlie Chronicle that you may see on youtube.  He lived a crappy lifestyle, hand to mouth existence, had no medical, had no proper visa, got on an overstay, etc..  Did he make a living?  Probably not by any decent standard.

Edited by gk10002000
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1 hour ago, gk10002000 said:

Digital nomad to me, implies unsteady, uncertain work, not a regular job that simply allows one to work remotely.  And the so called digital nomad doesn't make a regular salary or income, doesn't have proper medical or travel accident insurance

Be careful not to judge all of us. What you're saying could fit some of the nomads living here but I would say the majority already have a plan ready , have signed a contract and know their income before they make a move to Thailand or any other country .   

Insurance is only a few 1000 baht per year , most people understand they need it,  but maybe younger people seem to think they are invincible , until the shit hits the fan. 

 

Anyway you can live comfortably in Thailand with 50k thb, as long as you do not go out partying all night and waste your money on booze and girls. 

 

However if a freelancer lose a contract and do not have any other options, they need to go back home and start all over again . It happens , but most have a steady income for years. 

 

 

 

 

 

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5 hours ago, balo said:
7 hours ago, elviajero said:

Shall not engage in the occupation or temporary or employment unless authorized by the Director General. or competent official deputized by the Director General

These are outdated laws written before the digital age we're living in and are for people who come here looking for work in Thailand , not outside Thailand. I would not use that as an example , it will just lead to confusion .

I agree that are outdated but the law is still current. And until or if it's changed any work is illegal without permission.

 

5 hours ago, balo said:

We have several examples from Thai officials the last 2-3 years  commenting in the media that digital nomads can continue with what they do , as long as they have a valid visa.

No argument there. All i am clarifying for people that might read the misinformation given by you and others is that the work is, under the current law, illegal. Show me just one comment in the media from a Thai official claiming that "digital nomad" work is legal.

 

5 hours ago, balo said:

You are one of the few posters in here that will not give up on this issue and I wonder why .  Does it bother you ? 

Give up what? Telling the truth!

 

I've worked in IT for 23 years; 21 of which in Thailand. Most of that 21 years I thought I was legal because my work was "online". It wasn't until I discovered otherwise that I learnt the facts directly from immigration and the department of labour. Facts that are backed up by simply reading the immigration act.

 

All that bothers me is that people reading this forum get the whole truth, and not just the biased one sided wishful thinking that the present day "digital nomads" are spreading.

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3 hours ago, Happy Grumpy said:
6 hours ago, elviajero said:

Try renting an office, buying a load of computers and employing foreigners

Goooooooood Lord almighty.

 

It's obvious that you have no understanding whatsoever about what working remotely for a non-Thai company/company in Thailand means. ?

You didn't quote the relevant part! "and see how you get on when the authorities come knocking and you declare they are working for a “remote” foreign based company, receiving the income abroad and only have non-Thai customers"

 

You claimed that if the business, income and customers are all offshore that you are exempt from the law. If that was the case then someone could open up an office and claim they didn't need work permits etc. because the business, income and customers are all offshore. You can't do that and if you did you and the other foreigners could be prosecuted for working illegally. Working in an office or working in your condo doing the same work is no different.

 

I have both non-Thai company and a Thai company and have been "working remotely" for years. You?

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15 minutes ago, elviajero said:

I've worked in IT for 23 years; 21 of which in Thailand. Most of that 21 years I thought I was legal because my work was "online". It wasn't until I discovered otherwise that I learnt the facts directly from immigration and the department of labour. Facts that are backed up by simply reading the immigration act. 

 

Interesting, did you have problems with immigration due to this ? What was your solution ?

 

I'm guessing that you've formed a company, would be interesting to know the proper way....

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1 hour ago, donnacha said:

A digital nomad is simply someone who, thanks to digital technology, no longer has to remain in one place to make a living. That could be practically any form of work, earning any amount of money.

While it is doubtless comforting to imagine that all these folks are penniless youtubers, that is exactly the same bitter delusionality as Western women saying that all men who visit Thailand are sex tourists. Sure, the most visible ones are, but there is a far bigger hinterland of farangs quietly getting on with their lives all over this vast country. Likewise, the people you see on YouTube or sitting in a cafe are not in any way representative of most digital nomads.

The most delusional idea is that most of us are not making enough money to take good care of ourselves. We live in an extraordinary time when anyone with a modicum of intelligence can make far more money building their own business online than doing the same work as an employee chained to a cubicle. I know Indians and Filipinos who are making more money than the average American by simply writing articles, badly, and they cannot even handle all the work they are offered. I know "programmers" who I wouldn't trust to set the time on my alarm clock, but who manage to jump seamlessly from one freelance gig to the next because the demand is huge. If you happen to actually be good at what you do, the potential is huge.

I really wish that all the toxically bitter expats on this forum would get over their jealousy and realize that the underlying truth of the digital nomad phenomenon: you don't have to stay teaching English in a school you hate for 800 baht per day, with a small amount of initial effort you can switch to interesting, well-rewarded work online. Bitterness is a trap.

OK.  so you "know" some Indians and Filipinos who make a lot of money online.  No doubt.  And I am sure there are many more people that do from many countries and of many nationalities and doing many types of work.  I myself have done a fair amount of work online. However, my education and background steers me to classified work so in general I have to work on site.  Happy for the people that can be digital nomads, and people are free to interpret that in any way that want.  But the majority do not make substantial income.  Of course some do.  But the ones that go to Thailand just to post video logs do not.  Many people hear about these people that make all this money, don't have to go to work, etc.  well, it is a pipe dream for most

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4 hours ago, balo said:

Be careful not to judge all of us. What you're saying could fit some of the nomads living here but I would say the majority already have a plan ready , have signed a contract and know their income before they make a move to Thailand or any other country .   

Insurance is only a few 1000 baht per year , most people understand they need it,  but maybe younger people seem to think they are invincible , until the shit hits the fan. 

 

Anyway you can live comfortably in Thailand with 50k thb, as long as you do not go out partying all night and waste your money on booze and girls. 

 

However if a freelancer lose a contract and do not have any other options, they need to go back home and start all over again . It happens , but most have a steady income for years. 

 

 

 

 

 

I do not judge everybody.  But saying insurance costs 1000 baht/year?  Not if you are over 60, or even if under 60 have any sizable coverage say, > 5 Million baht.  And that is medical I am talking about.  Travel or accident is another issue.  I doubt most that are there have plans.  Cheap Charlie certainly didn't.  Of course having a plan is a matter of degrees.  Some have a plan, but it is a horrible or un realistic plan.

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7 hours ago, balo said:

 

These are outdated laws written before the digital age we're living in and are for people who come here looking for work in Thailand , not outside Thailand. I would not use that as an example , it will just lead to confusion .

 

We have several examples from Thai officials the last 2-3 years  commenting in the media that digital nomads can continue with what they do , as long as they have a valid visa.

 

You are one of the few posters in here that will not give up on this issue and I wonder why .  Does it bother you ? 

 

 

exactly.  And just what constitutes a valid visa?  that can be the rub.

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1 hour ago, gk10002000 said:

exactly.  And just what constitutes a valid visa?  that can be the rub.

A valid visa is something you get after you have gotten a new passport.

(Just my bitterness fix for the day)

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Some comments from Happy Grumpy about online work from a thread in the Teachers' Forum:

 

 

Happy Grumpy

 

"If you work for a Thai company or company in Thailand, you come under the Alien Worker's Act.

If you work remotely for a non-Thai company or company that's not in Thailand, you don't. That's the law."

 

" Remote workers, online teachers (if not working for a Thai company or company here) aren't working in Thailand. "

 

" Come on in and do your online teaching and other remote work, fully legally. No WP needed. Can even legally work remotely on a Tourist Visa. "

 

"Why would there be an exclusion?

As they don't come under the act, there's no need to be one. The act is for people working in Thailand, not those working remotely while here."  

 

"Yes, as it isn't legally considered working in Thailand, there isn't any reason for there to be a visa for it.

People may legally do it while here for purposes of tourism, education, visiting spouse/child, etc.

There's no need for Thailand to offer a visa for it, as it isn't legally considered anything to do with Thailand."

 

"You need to start quoting laws that state 'Remote working while in Thailand is illegal'.

But there's no such law."

 

" People have already gone to immigration about working remotely while on Tourist Visas, and immigration smiled and did nothing other to tell them that it's fine to work remotely while in Thailand on Tourist Visas. "

 

"Then the Superintendent Pol. Col of immigration even held a seminar and explained to all. If you are working for a Thai company, you come under the Alien Worker's Act. If you don't, you don't, and can legally work remotely on your Tourist Visa."

 

" The MFA clearly state that only working for a Thai company or company in Thailand is legally considered as working in Thailand, and comes under the Alien Worker's Act."

 

"Remote employees of non-Thai companies are not legally considered as working in Thailand.

Immigration Superintendent have even come out and declared this for the dunderheads that don't understand it."

 

" Remote workers don't come under the Alien Worker's Act, and can legally work remotely on a Tourist Visa, if they wish to do so. "

 

" Online teachers for non-Thai companies can even get together at co-working spaces, of which there are loads around Thailand, and legally teach online (work remotely) on Tourist Visas, if they wish to do so."

 

" Superintendent of Immigration has already declared (for the dunderheads that don't understand) that working remotely is perfectly legal on a Tourist Visa."

 

" Working remotely while here isn't legally classed as employment. Ask immigration and the MoL."

 

These are just comments from the last few pages of a 28 page thread.

 

 

 

 

 

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8 hours ago, elviajero said:

You claimed that if the business, income and customers are all offshore that you are exempt from the law. If that was the case then someone could open up an office

 

Goooooooooooooooooood Lordy.

 

You still don't know what working remotely for a non-Thai company/enterprise or company/enterprise in Thailand is lol. ?

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Yet while the guy has been repeatedly asked to provide a definitive 'digital nomad working in Thailand is legal' statement from the 'legal department' of either the MoL or Immigration Bureau from their respective HQ's in Bangkok, he has yet to do so -- only the indirect non-quoted remarks of the Pol. Col. in Chiang Mai.

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9 minutes ago, Happy Grumpy said:

A visa based on the reason for their stay in Thailand - Tourism. Education. Family.

I agree. A VALID visa is any visa issued by a Thai Embassy or Consulate ex-Thailand whether or not you lied through your teeth as to your purpose in Thailand or the number of previous visits on your application.

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9 hours ago, elviajero said:

I've worked in IT for 23 years; 21 of which in Thailand. Most of that 21 years I thought I was legal because my work was "online". It wasn't until I discovered otherwise that I learnt the facts directly from immigration and the department of labour. Facts that are backed up by simply reading the immigration act.

I have a problem with this story. 

 

Are you telling us that you worked online as a "digital nomad " for 21 years ? 

21 years ago , that was back in 1997 .  Sure we did have Internet , but doing remote jobs was not even on the agenda. 

 

And why would immigration care unless you had a business INSIDE Thailand?  

So did you have customers INSIDE Thailand ? 

Or was all of it OUTSIDE Thailand?  

 

Big difference, you are also mentioning  you hired people INSIDE Thailand?   

That's not a part of a digital nomad life. 

 

 

 

 

 

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7 hours ago, gk10002000 said:

I do not judge everybody.  But saying insurance costs 1000 baht/year? 

I said a few thousand baht , not 1000 baht ! 

 

I  pay 10k per year for just a normal insurance policy that cover most illnesses and accidents in Thailand.  Anyone can afford it , but unfortunately many of the younger people do not think they will need it until the accident happens. 

 

 

  

 

 

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12 hours ago, elviajero said:

Working in an office or working in your condo doing the same work is no different.

And yet a few months ago you claimed that a farang who was teaching some local Thai Kids English at his home did not need a WP and was not working illegally?

 

What is the difference then between doing it at his home or doing it from a office/classroom?

 

Absolutely none, he is still working

 

 

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2 hours ago, balo said:

I  pay 10k per year for just a normal insurance policy that cover most illnesses and accidents in Thailand.  Anyone can afford it , but unfortunately many of the younger people do not think they will need it until the accident happens.

I've never come across an health insurance with a reasonable coverage for 10k THB per year. Can you post a link or tell us the name?

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6 hours ago, Loaded said:

Some comments from Happy Grumpy about online work from a thread in the Teachers' Forum:

Most of which are factually wrong, misleading, and/or biased opinion.

 

6 hours ago, Loaded said:

"If you work for a Thai company or company in Thailand, you come under the Alien Worker's Act.

If you work remotely for a non-Thai company or company that's not in Thailand, you don't. That's the law."

  • It is correct that if you are employed by a Thai based company you come under the Alien Employment (working) Act; as specified in the Immigration Act.
  • It is correct that other work doesn't, BUT if you work remotely for a non-Thai company you come solely under the Immigration Act and that act prohibits ANY OCCUPATION without permission.
6 hours ago, Loaded said:

" Remote workers, online teachers (if not working for a Thai company or company here) aren't working in Thailand. "

Wrong. If they are physically in Thailand when they perform their work they are working in Thailand and require permission under the Immigration Act.

 

6 hours ago, Loaded said:

" Come on in and do your online teaching and other remote work, fully legally. No WP needed. Can even legally work remotely on a Tourist Visa. "

Wrong. The authorities currently tolerate online/remote work, BUT unless they grant formal permission the work is illegal under the Immigration Act. 

 

6 hours ago, Loaded said:

"Why would there be an exclusion?

As they don't come under the act, there's no need to be one. The act is for people working in Thailand, not those working remotely while here." 

Wrong. All foreigners given temporary permission to stay come under the Immigration Act and the Immigration Act prohibits ANY OCCUPATION OR EMPLOYMENT without permission. Remote work is not on the exclusion list, therefore, it is illegal to work without permission.

 

6 hours ago, Loaded said:

"Yes, as it isn't legally considered working in Thailand, there isn't any reason for there to be a visa for it.

People may legally do it while here for purposes of tourism, education, visiting spouse/child, etc.

There's no need for Thailand to offer a visa for it, as it isn't legally considered anything to do with Thailand."

Wrong. Any work (Occupation/employment) is considered work. No visa currently gives permission to work. You cannot work legally with any visa unless you have permission, which is usually given in the form of a work permit.

 

6 hours ago, Loaded said:

"You need to start quoting laws that state 'Remote working while in Thailand is illegal'.

But there's no such law."

Yes there is.

Immigration Act Section 37An alien having received a temporary entry permit into the Kingdom must comply with the following :

1. Shall not engage in the occupation or temporary or employment unless authorized by the Director General. or competent official deputized by the Director General . If , in any case , there is a law concerning alien employment provided hereafter , the granting of work privileges must comply with the law concerned.

Therefore, if the "remote working" is the persons "occupation" they cannot work legally without permission.

 

6 hours ago, Loaded said:

" People have already gone to immigration about working remotely while on Tourist Visas, and immigration smiled and did nothing other to tell them that it's fine to work remotely while in Thailand on Tourist Visas. "

Immigration cannot stop every tourist from keeping up with their work/businesses whilst holidaying in Thailand. Therefore, they have to treat all tourists the same way and allow "remote work". Otherwise they would be arresting virtually every tourist that visits in the country.

 

6 hours ago, Loaded said:

"Then the Superintendent Pol. Col of immigration even held a seminar and explained to all. If you are working for a Thai company, you come under the Alien Worker's Act. If you don't, you don't, and can legally work remotely on your Tourist Visa."

Wrong. It is not reported who actually made the comment at that seminar. Regardless, the comment DID NOT say "can legally work remotely on your Tourist Visa". The person simply confirmed that you can work remotely on a Tourist Visa. Absolutely no mention of it being legal.

 

"If you are a ‘digital nomad’ running your own business on the internet, the immigration office says you can do this on a tourist visa.

 

As explained above a "digital nomad" in the country as a Tourist has to be treated the same as all other tourists. DN's are not being given special privilege or formal permission to work.

 

6 hours ago, Loaded said:

" The MFA clearly state that only working for a Thai company or company in Thailand is legally considered as working in Thailand, and comes under the Alien Worker's Act

The MFA have made no such statement, although the statement is true.

 

6 hours ago, Loaded said:

"Remote employees of non-Thai companies are not legally considered as working in Thailand.

Immigration Superintendent have even come out and declared this for the dunderheads that don't understand it."

Where is the source of this quote? 

If the above statement was true then non-Thai companies could open offices in Thailand from where their employees could work without working!!!

 

6 hours ago, Loaded said:

" Remote workers don't come under the Alien Worker's Act, and can legally work remotely on a Tourist Visa, if they wish to do so. "

Correct; however, they come under the Immigration Act which prohibits any occupation without permission. No one can legally work with any visa. Permission to work legally is issued by the labour office. 

 

6 hours ago, Loaded said:

" Online teachers for non-Thai companies can even get together at co-working spaces, of which there are loads around Thailand, and legally teach online (work remotely) on Tourist Visas, if they wish to do so."

They can get together in co-working spaces and teach English online, BUT it is not legal because they haven't been given permission as required under the Immigration Act. 

 

6 hours ago, Loaded said:

" Superintendent of Immigration has already declared (for the dunderheads that don't understand) that working remotely is perfectly legal on a Tourist Visa."

No they haven't! See above.

 

6 hours ago, Loaded said:

" Working remotely while here isn't legally classed as employment. Ask immigration and the MoL."

Correct. But if the person is engaging in an "occupation" they need permission under the Immigration Act.

occupation

noun

1. a job or profession.

synonyms:j ob, day job, profession, work, line of work, line of business, trade, employment, position, post, situation, business, career, métier, vocation, calling, craft, skill, field, province, walk of life; etc ..

Edited by elviajero
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3 hours ago, Mattd said:

There also seems to be some train of thought that those of us who point out the legalities somehow don't like those that do work remote, this, at least in my case, is not true, I do not mind it at all, in fact there is some good that comes out of it for the economy, I just think that they should exercise caution, because despite what they think, it is technically illegal.

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elviajero quoted my post in the above post so it looks as though those comments are mine, they're not, they're happy grumpy's comments. I posted because the guy is clearly a loon.

 

Could you change the quote from Loaded said to loony said?

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