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Immigration raid targets Digital Nomads in Chiang Mai


Jonathan Fairfield

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What's this difference between "digital nomads" who are lucky enough not to be tied to one office & myself who comes to Thailand for business meetings, & yes I tick here on business but get tourist visa on entry. I meet business associates in the meeting rooms of my hotel, no difference that I can see.

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For those who work here online and want to avoid any gray area, the one solution that I know of is to do your invoicing through an umbrella company, who then pays your taxes for you and gets you a work permit.

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For those who work here online and want to avoid any gray area, the one solution that I know of is to do your invoicing through an umbrella company, who then pays your taxes for you and gets you a work permit.

Sounds expensive. Better just working on a tourist visa now CM immigration have said it's ok.

If you want to invoice from a company just incorp in Hong Kong or Singapore.

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Can you provide sources for any of these statements by other officials, bacause I have never seen one regarding people working online for foreign companies whatsoever aside from the recent one by the Chiang Mai official.

I found them using a search engine - even searching here on thaivisa.com will find them.;b++){var>

If you can't find them yourself, tough.

How tiresome. Luckily I am pretty familiar with using search engines.

https://www.google.com/search?q=%22can+i+work+online%22+%2B%22immigration+official%22+%2Bthaivisa&ie=utf-8&oe=utf-8&aq=t&rls=org.mozilla:en-GB:official&client=firefox-a&channel=sb#rls=org.mozilla:en-GB:official&channel=sb&q=%22working+online%22+%2B%22immigration%22+%2Bofficial+%2Bthaivisa+site:www.thaivisa.com

Unfortunately I think you might have a virus, because the only specific mention of comments direct from Immigration Officials I can locate are

http://www.thaivisa.com/forum/topic/458760-work-permit-for-online-working/?p=4346977

If you are working on your PC from your home with an IP phone and nothing else (No office and no local business or trading at all) I fail to see the need for work permit. Asking my landlord who is an Immigration officer she also felt that a work permit is not required as we have no operations and or money etc in Thailand. Thin line I know..

http://www.thaivisa.com/forum/topic/703161-work-online-do-i-need-a-work-permit/?p=7415672

I read on this forum about a year ago in an interview of high ranking members of immigration and labor office that if you don't get any income from Thailand, working here is not really legal but "acceptable". I don't really know what it means but if you don't talk about it, don't give your business cards all around, nothing will happen. Remember that most of the farangs who had problems here were denounced by other jalous farangs!

Both third person, and every other reference contains only assumption from other members stating their interpretation of legislation. The statement from the Chiang Mai official is certainly the first I am aware published by a media organisation regarding workers that exclusively work for foreign organisations online whom are renumerated offshore, and whilst debunked at the time, the reported statements appear to be underpinned by todays activity.

Edited by rwdrwdrwd
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What a bunch of <deleted> - openly congregating together carrying on business at a venue advertised as a working space - I mean, are these bonzo's asking for it or what? crazy.gif.pagespeed.ce.dzDUUqYcHZ.gif

Try and be a bit low profile guys - be aware that at the work permit office, there are big advertisements in Thai language offering rewards to Thai people who report foreigners working to their officers.

I find it amazing how a recent clarification statement issued by the Head of Thai Immigration (reported here on T.V.) stated something along the lines that "immigration didn't care about tourists-'digital nomads' doing their emails and such like" gets misconstrued. In my minds eye, I can imagine the official wanting to remove the worry for high end tourists of a Work permit bust when they're sitting in their 5 star Hotel rooms banging out a few emails on their laptop while the kids play in the pool and the missus takes the credit cards for a walk.

Somehow, this gets misconstrued into considering that it OK to set up quite a large business advertising as a working 'office' space for digital nomads, complete with all the usual business office toys, printers, scanners, fax machines etc.facepalm.gif

Its obviously going to get reported to the Labour office, then there's going to be a raid.

Now in this instance, I understand that most folks were let off - but damn, this is one risky way to do your working online.

If this type of large scale 'digital nomad' office thingy is really going to be classed as an OK activity for foreigners in LOS - Then Yoo-Haa! I'm cancelling my Work Permit, my 4 (real) Thai staff and the missus are getting the boot, then I'm gonna rush and buy myself a wife beater t-shirt, some fishermen's trousers, and a pair of flip flops - and I'm now a digital Nomad out every night blowing my 1Mill Baht annual savings on Beer Laos and street meat. Fantastic! w00t.gifcheesy.gif

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What Thailand needs to do is update its visa laws and welcome digital nomads - but don't hold your breath that will ever happen!

Can you give an example of another country which has updated its visa laws to allow a person as tourist, live in a country as long as they want, set up and run a business from said country, and not pay income tax in the country they are "resident in ?"

your correct it aint going to happen, as its never happened anywhere else either...wink.png

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The problem here is that there isn't really a visa class for 'digital nomads' or whatever it is you want to call them.

As far as immigration is concerned, these people are just the same as Burmese labourers, Russian tour guides or non degree holder English teachers working without a work permit.

Also, going to 'work' in a co-working space is asking for trouble as none of these foreigners will have work permits or Non-B's because they aren't working for a Thai organisation. If you were 'working' under the radar, so to speak, why make yourself a target by going to such a venue?

Look on Twitter and you'll find loads of these self proclaimed digital nomads and online entruprenurs talking openly about 'working' in Thailand. Then in the next post they're complaining about having to renew their ED-Visa!! It's stupid, all Immigration would have to do is check Twitter and they could easily identify many of these people working illegally.

What Thailand needs to do is update its visa laws and welcome digital nomads - but don't hold your breath that will ever happen!

ThE REAL PROBLEM IS: that most of the TV member only make stupid comments, it is not illegal to work with computer, it is only illegal if you do it for a Thai company or for thai customers! No goverment in the world can grant a work permit for working oversee! If they would grant any work permit, the peope would be allowed to work full time in thailand, get insurance. Thailand can not allow/forbit somebody to work for example for a US company or EU company online, they can only take care that peopel who are in Thailand have the right visa like tourist, ED, retirement or what ever

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Both third person, and every other reference contains only assumption from other members stating their interpretation of legislation. The statement from the Chiang Mai official is certainly the first I am aware published by a media organisation regarding workers that exclusively work for foreign organisations online whom are renumerated offshore, and whilst debunked at the time, the reported statements appear to be underpinned by todays activity.

The only statement I have seen which states something categorically came from an official in the Phuket Immigration/DOL office in response to a question from an Australian national who intended staying in Thailand for a "significant" amount of time and queried whether he could run his business in Thailand servicing his Aussie clients and the answer was the person would need a WP or don't work while in Thailand, It struck me as this was the first time I had ever seen such a categorical, non wishy washy statement

As regards the comments from CM official, TV member NancyL I think it was, attended that meeting and stated on TV that the comment made has been taken out of context by the jouro, it was an off the cuff remark and related to legitimate tourist's checking work emails while on holiday in Thailand.

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Did they DNA test them perhaps to see if they couldn't solve the Koh Tao murder or at least claim to.

If someone is sitting in a building typing on their computer how do you prove they are working, where is the company employing them, receipt slips of income in THB. So, if a Thai answers business emails while travelling in the US does he get detained for working without a visa. Get with the 21st Century Thailand.

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I thought I read somewhere that being a digital nomad was kind of kind of kind of OK to do.

http://www.chiangmaicitynews.com/news.php?id=4366

What if I want to work in Thailand?

If you are working for a Thai company, you will need a non-immigrant (type cool.png visa and then a work permit in order to work legally.

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.

This was the response by Pol. Col. Rutphong Sanwanangkun, Superintendent of Chiang Mai Immigration when asked directly about "people working online" on Aug 21, 2014

of course we could point out its not Thai immigration who decides who does and doesn't need a WP, that's the DOL's mandate, so said Pol Col may in fact be talking out of turn and commenting on a subject that has nothing to do with him,

Thai immigration has nothing to do with the issue of work permits, they only deal with visa's and extensions of stay...wink.png

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I thought I read somewhere that being a digital nomad was kind of kind of kind of OK to do.

http://www.chiangmaicitynews.com/news.php?id=4366

What if I want to work in Thailand?

If you are working for a Thai company, you will need a non-immigrant (type cool.png visa and then a work permit in order to work legally.

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.

This was the response by Pol. Col. Rutphong Sanwanangkun, Superintendent of Chiang Mai Immigration when asked directly about "people working online" on Aug 21, 2014

of course we could point out its not Thai immigration who decides who does and doesn't need a WP, that's the DOL's mandate, so said Pol Col may in fact be talking out of turn and commenting on a subject that has nothing to do with him,

Thai immigration has nothing to do with the issue of work permits, they only deal with visa's and extensions of stay...wink.png

i hear what you are saying but it should be clarified that in every single instance i've ever heard of someone getting arrested/deported for working without a work permit (including this raid) it's immigration and not DOL that turned up

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What a bunch of <deleted> - openly congregating together carrying on business at a venue advertised as a working space - I mean, are these bonzo's asking for it or what? crazy.gif.pagespeed.ce.dzDUUqYcHZ.gif

Try and be a bit low profile guys - be aware that at the work permit office, there are big advertisements in Thai language offering rewards to Thai people who report foreigners working to their officers.

I find it amazing how a recent clarification statement issued by the Head of Thai Immigration (reported here on T.V.) stated something along the lines that "immigration didn't care about tourists-'digital nomads' doing their emails and such like" gets misconstrued. In my minds eye, I can imagine the official wanting to remove the worry for high end tourists of a Work permit bust when they're sitting in their 5 star Hotel rooms banging out a few emails on their laptop while the kids play in the pool and the missus takes the credit cards for a walk.

Somehow, this gets misconstrued into considering that it OK to set up quite a large business advertising as a working 'office' space for digital nomads, complete with all the usual business office toys, printers, scanners, fax machines etc.facepalm.gif

Its obviously going to get reported to the Labour office, then there's going to be a raid.

Now in this instance, I understand that most folks were let off - but damn, this is one risky way to do your working online.

If this type of large scale 'digital nomad' office thingy is really going to be classed as an OK activity for foreigners in LOS - Then Yoo-Haa! I'm cancelling my Work Permit, my 4 (real) Thai staff and the missus are getting the boot, then I'm gonna rush and buy myself a wife beater t-shirt, some fishermen's trousers, and a pair of flip flops - and I'm now a digital Nomad out every night blowing my 1Mill Baht annual savings on Beer Laos and street meat. Fantastic! w00t.gifcheesy.gif

I agree that keeping a low profile would be a sensible course of action, since the current situation could easily change, but, it should be noted that they were 'let off' a fine for not having passports with them, they weren't 'let off' for working illegally, very much doubt this would occur having been arrested in a sweep seeking people working illegally.

Coworking spaces have existed in Thailand in many cities before the recent statement in question, so it's not like it's the existence of the space is in any way a reaction to the statement. Furthermore I don't think that the statements were misconstrued given todays actions - facts of the matter are that a bunch of people working remotely for foreign clients were taken to the station, questioned by immigration and then released without cherge when it became clear that they were not employed by the coworking space. Seems to me that working online for foreign clients and being paid abroad is not being construed as working in Thailand by immigration, and therefore not a breach of a Tourist Visa.

So you might be getting a decent bump in Beer Lao intake :)

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Did they DNA test them perhaps to see if they couldn't solve the Koh Tao murder or at least claim to.

If someone is sitting in a building typing on their computer how do you prove they are working, where is the company employing them, receipt slips of income in THB. So, if a Thai answers business emails while travelling in the US does he get detained for working without a visa. Get with the 21st Century Thailand.

They cant very difficult to prove, hence the reason they don't chase this, but just because they don't chase it, doesn't infer it legal either..wink.png

as to your example, of course they don't, as the Thai is a legitimate tourist, as the "Thai" is travelling he is not claiming residence in Thailand, if the "Thai" somehow managed to "claim residence" and run his business from the US, even servicing Thai only based clients, and not paying income tax and not having a proper business structure, then yes the person could get detained for working illegally

Thailand has no problem with legitimate tourists checking business emails from home, they have said this, but large numbers on people in Thailand running digital nomad type business's are not legitimate tourists, they are claiming "residency" have cars, bank accounts etc and exploiting tourist visa's, Ed visa's etc to stay long term

further on suspects there are numbers in Thailand who are running on line business's in Thailand involving illegal activities.. i.e. Porn, Gambling etc

The easy test is...is someone resident in Thailand more than than 180 days per year, if the answer is yes, this could infer you are no longer a tourist, and immigration would well be with their rights to query how one is supporting themselves in Thailand ?

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What a bunch of <deleted> - openly congregating together carrying on business at a venue advertised as a working space - I mean, are these bonzo's asking for it or what? crazy.gif.pagespeed.ce.dzDUUqYcHZ.gif

Try and be a bit low profile guys - be aware that at the work permit office, there are big advertisements in Thai language offering rewards to Thai people who report foreigners working to their officers.

I find it amazing how a recent clarification statement issued by the Head of Thai Immigration (reported here on T.V.) stated something along the lines that "immigration didn't care about tourists-'digital nomads' doing their emails and such like" gets misconstrued. In my minds eye, I can imagine the official wanting to remove the worry for high end tourists of a Work permit bust when they're sitting in their 5 star Hotel rooms banging out a few emails on their laptop while the kids play in the pool and the missus takes the credit cards for a walk.

Somehow, this gets misconstrued into considering that it OK to set up quite a large business advertising as a working 'office' space for digital nomads, complete with all the usual business office toys, printers, scanners, fax machines etc.facepalm.gif

Its obviously going to get reported to the Labour office, then there's going to be a raid.

Now in this instance, I understand that most folks were let off - but damn, this is one risky way to do your working online.

If this type of large scale 'digital nomad' office thingy is really going to be classed as an OK activity for foreigners in LOS - Then Yoo-Haa! I'm cancelling my Work Permit, my 4 (real) Thai staff and the missus are getting the boot, then I'm gonna rush and buy myself a wife beater t-shirt, some fishermen's trousers, and a pair of flip flops - and I'm now a digital Nomad out every night blowing my 1Mill Baht annual savings on Beer Laos and street meat. Fantastic! w00t.gifcheesy.gif

You just about done? You forgot the </&lt;deleted&gt;>

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Both third person, and every other reference contains only assumption from other members stating their interpretation of legislation. The statement from the Chiang Mai official is certainly the first I am aware published by a media organisation regarding workers that exclusively work for foreign organisations online whom are renumerated offshore, and whilst debunked at the time, the reported statements appear to be underpinned by todays activity.

The only statement I have seen which states something categorically came from an official in the Phuket Immigration/DOL office in response to a question from an Australian national who intended staying in Thailand for a "significant" amount of time and queried whether he could run his business in Thailand servicing his Aussie clients and the answer was the person would need a WP or don't work while in Thailand, It struck me as this was the first time I had ever seen such a categorical, non wishy washy statement

As regards the comments from CM official, TV member NancyL I think it was, attended that meeting and stated on TV that the comment made has been taken out of context by the jouro, it was an off the cuff remark and related to legitimate tourist's checking work emails while on holiday in Thailand.

I guess you're referring to this or similar http://legacy.phuketgazette.net/issuesanswers/details.asp?id=1175

Seems clear to me they don't understand the question, they think the online business will be have an online presence AND be related to Thailand in some way, involving Thai customers, the transaction of Baht, and so on. I don't think they understand what affiliate marketing or adsense sites are (these two individuals I mean, I'm sure there are smart tech-savvy Thais, before JLCrab posts that the Chairman of the Treasury went to Oxford or whatever)

I never thought the CM official giving digital nomads the ok was categorical either. Nothing is categorical if it comes out of the mouth of 1 or 2 spokesmen.

But still we have no arrests of digital nomads, even after 20 armed police show up at a co-working space.

Edited by jspill
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i hear what you are saying but it should be clarified that in every single instance i've ever heard of someone getting arrested/deported for working without a work permit (including this raid) it's immigration and not DOL that turned up

ok allow me to answer the question this way, in any country in the world when somebody is arrested does the "prosecutor" of the case turn up for all arrests, no they don't, only the cops turn up, they are there to enforce the law, not interpret it, the interpretation of the law sits with the DOL

This is the problem with the current situation, and why we are getting different "statement's from immigration, they are really not the right people to interpret what "work is" in Thailand, the clarification should come from the DOL.

doing raid's and deportation by immigration makes perfect sense, The DOL are not a police force, Thai immigration are, the DOL doesn't have jail cells ie the IDC, immigration does, deportation proceedings fall squarely in Immigration remit

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i hear what you are saying but it should be clarified that in every single instance i've ever heard of someone getting arrested/deported for working without a work permit (including this raid) it's immigration and not DOL that turned up

ok allow me to answer the question this way, in any country in the world when somebody is arrested does the "prosecutor" of the case turn up for all arrests, no they don't, only the cops turn up, they are there to enforce the law, not interpret it, the interpretation of the law sits with the DOL

This is the problem with the current situation, and why we are getting different "statement's from immigration, they are really not the right people to interpret what "work is" in Thailand, the clarification should come from the DOL.

doing raid's and deportation by immigration makes perfect sense, The DOL are not a police force, Thai immigration are, the DOL doesn't have jail cells ie the IDC, immigration does, deportation proceedings fall squarely in Immigration remit

thanks, makes sense

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Coworking spaces have existed in Thailand in many cities before the recent statement in question, so it's not like it's the existence of the space is in any way a reaction to the statement. Furthermore I don't think that the statements were misconstrued given todays actions - facts of the matter are that a bunch of people working remotely for foreign clients were taken to the station, questioned by immigration and then released without cherge when it became clear that they were not employed by the coworking space. Seems to me that working online for foreign clients and being paid abroad is not being construed as working in Thailand by immigration, and therefore not a breach of a Tourist Visa.

i wonder how many of them actually said that rather than something along the lines of: "errr, i've been emailing family all day" whistling.gif

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Coworking spaces have existed in Thailand in many cities before the recent statement in question, so it's not like it's the existence of the space is in any way a reaction to the statement. Furthermore I don't think that the statements were misconstrued given todays actions - facts of the matter are that a bunch of people working remotely for foreign clients were taken to the station, questioned by immigration and then released without cherge when it became clear that they were not employed by the coworking space. Seems to me that working online for foreign clients and being paid abroad is not being construed as working in Thailand by immigration, and therefore not a breach of a Tourist Visa.

i wonder how many of them actually said that rather than something along the lines of: "errr, i've been emailing family all day" whistling.gif

Really would like to find that out as well, seems unlikely that they could convince officials of that given the place is a 'co-working' space and the owners came to clarify that nobody was working for a Thai company or being paid in Thailand - not just saying an 'it is an internet cafe'. Seems like the setup was delved into in some depth with lots of interviews so perhaps someone will come on here and clarify what happened and wheteher anyone admitted working, albeit for foreign organisations and with payment outside Thailand.

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This is the latest incident in the long running controversy regarding the question: do foreigners have to carry their passports with them at all times?

It would be nice to know whether or not a law exists that says so.

There is no controversy. The regulation exists.

It just isn't enforced often. But if you come to the attention of the authorities for any reason, you must be able to produce it on demand.

There is a controversy and it has been going on for some time now. Where have you been... ?

In the mid-'90s an authoritarian zealot named Purachai - recently promoted to a high position in the national police - gave a long interview to the leading English language newspaper where he stated categorically that foreigners must carry their passports at all times. Photocopies were unacceptable because they were too easily altered.

Since then there have been mixed and confusing signals [re: post #44] coming from the authorities.

A while back I started a topic on this subject but nobody could cite a specific law.

I am still waiting - along with many other farangs - to see it in writing that foreigners must carry their passports.

If indeed such a law exists, it will be a burden for all of us. Until now, photocopies or alternate forms of ID have seemed to satisfy them. But how long will it be before this too becomes an issue and another excuse for extortion in the name of law enforcement?

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In reading the full blog posting, it seems that everyone who could produce a passport with a valid visa or current visa-exempt status was left alone. And perhaps a misunderstanding that the people were working (employed by) PunSpace.

So, I wonder if it's really an exercise in harassing digital nomads, or just an opportunity to check visa status for a group of foreigners who are congregated together. I wonder what's next? Will they storm the next Expats Ladies Lunch and ask to see that we all have our passports with valid retirement visas?

I now carry my passport with me at all times. Yeah, I know it's a hassle. I put it in a plastic bag and hopefully it won't get stolen or trashed out.

This is no misunderstanding.

Digital nomads and similar groups all have sites on facebook and are openly encouraging and teaching farangs how to run online businesses and make money online here and there are those cashing in on these groups by organising meetings and being self appointed so-called digital instructors.

Let this be a warning to those who believe that the Thai authorities will turn a blind eye towards those who create and run such groups, and think they can get away with running these kinds of outfits without the official permissions and work permits. This also applies to certain other clubs that have pay subscription memberships.

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Digital nomads and similar groups all have sites on facebook and are openly encouraging and teaching farangs how to run online businesses and make money online here and there are those cashing in on these groups by organising meetings and being self appointed so-called digital instructors.

Let this be a warning to those who believe that the Thai authorities will turn a blind eye towards those who create and run such groups, and think they can get away with running these kinds of outfits without the official permissions and work permits. This also applies to certain other clubs that have pay subscription memberships.

Are you in that facebook group. I am. It's for people to network and bounce ideas off each other. A few guys met up for coffee and a guy volunteered info on how to set up WP sites to make money anywhere. No payment, no 'digital instructor' title so I don't see why you're painting it as some hive of illegal activity with spammers cashing in.

ekQ2Ud6.png

That was his post, one 'free talk' is all I've seen.

As for the 2nd part of your post, I don't see this as a warning I see it as validation that digital nomads aren't at risk. The authorities thought everyone was working for Punspace, not AT Punspace. They made a mistake. Then they let everyone go.

Edited by jspill
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In reading the full blog posting, it seems that everyone who could produce a passport with a valid visa or current visa-exempt status was left alone. And perhaps a misunderstanding that the people were working (employed by) PunSpace.

So, I wonder if it's really an exercise in harassing digital nomads, or just an opportunity to check visa status for a group of foreigners who are congregated together. I wonder what's next? Will they storm the next Expats Ladies Lunch and ask to see that we all have our passports with valid retirement visas?

I now carry my passport with me at all times. Yeah, I know it's a hassle. I put it in a plastic bag and hopefully it won't get stolen or trashed out.

This is no misunderstanding.

Digital nomads and similar groups all have sites on facebook and are openly encouraging and teaching farangs how to run online businesses and make money online here and there are those cashing in on these groups by organising meetings and being self appointed so-called digital instructors.

Let this be a warning to those who believe that the Thai authorities will turn a blind eye towards those who create and run such groups, and think they can get away with running these kinds of outfits without the official permissions and work permits. This also applies to certain other clubs that have pay subscription memberships.

Very odd conclusion to reach when they all got released without any kind of charge after it was ascertained they did not work for PunSpace.

Surely if the intention were to send a message, the people that were released with no charge would have been charged with working illegally. The only mention of any potential fine or prosecution was in regard to not carrying passports - nothing in relation to working remotely.

I think the opposite, this is happy days for digital nomads.

Edited by rwdrwdrwd
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For those who work here online and want to avoid any gray area, the one solution that I know of is to do your invoicing through an umbrella company, who then pays your taxes for you and gets you a work permit.

bulls++t exactly this is illegal, you can write an invoice with any adresse onl not a thai adress

That company provides a work permit and helps with a business visa - it's above board (and BOI approved I believe)

It is just about as expensive as setting up your own company though, albeit with far less beaurocracy. Of course if you take up the service there's nothing to stop you putting a fraction of invoices through that company, just to meet their minimum monthly invoice level (2K USD I think) - it's not like you must put everything through it.

Edited by rwdrwdrwd
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Let this be a warning to those who believe that the Thai authorities will turn a blind eye towards those who create and run such groups, and think they can get away with running these kinds of outfits without the official permissions and work permits. This also applies to certain other clubs that have pay subscription memberships.

What warning?

They've all been let go.

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LazyYogi, on 01 Oct 2014 - 17:16, said:snapback.png

For those who work here online and want to avoid any gray area, the one solution that I know of is to do your invoicing through an umbrella company, who then pays your taxes for you and gets you a work permit.

Sounds like a plug for this umbrella company to me... seems to me to be a crazy expensive option - and btw don't they need to capitalise millions for each farang work permit they issue?

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LazyYogi, on 01 Oct 2014 - 17:16, said:snapback.png

For those who work here online and want to avoid any gray area, the one solution that I know of is to do your invoicing through an umbrella company, who then pays your taxes for you and gets you a work permit.

Sounds like a plug for this umbrella company to me... seems to me to be a crazy expensive option - and btw don't they need to capitalise millions for each farang work permit they issue?

BOI approved companies are exempt fromt the capitalisation per WP I think, but yes I think it is expensive as well.

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