Work permits and non immigration type O visas.

[steffi]

It is relatively easy for me to obtain a type O visa based on my marriage and registration to my Thai wife however I wanted to know how the work permit works. I have heard that it is possible to get a work permit based on being a type O visa holder. Is that correct? If so does that then mean that your work permit is not tied to any one specific employer and that providing you perform jobs that are allowed by foreigners you're legally free to work in Thailand under this arrangement?

 

[StoneSoup]

Hi.

 

In order to obtain a work permit, you must be in Thailand on an entry permit that was issued against a non-immigrant visa - you must have a valid entry permit of this type on both the day you submit your work permit application, and on the day you go to the labor department to sign and receive your work permit booklet (thaose dates are typically10-20 days apart). They do not care what type of non-immigreant visa you have - just so that it is a "non-imm". I initially obtained my work permit while here on a Class O visa.

 

To get a work permit, you generally need to be employed by a company that employs at least four Thais per non-Thai employee, and that has 2,000,000 baht in paid-in capital for each non-Thai employee. There is another formula that applies to tecahers at a school (based on number and size of of classroom), and there are other exceptions for certain individuals with specialized expertise.

 

You cannot get a "generic" work permit to simply work as a freelance money-earner. Lots of people do work that way here - without a work permit - and if you behave yourself, you can generally get away with it.

 

If you are receving income that is paid to you outside of Thailand,you can simply live here and bring in those funds as they are needed. The work permit is only needed if you are receiving a salary paid to you locally, by an employer in Thailand.

 

I have never been asked to show my work permit, except when I opened each of my two company bank accounts.

 

"Let the good times roll!"

Stone Soup

 

[Guest]

>>>The work permit is only needed if you are receiving a salary paid to you locally, by an employer in Thailand. <<<

 

actually, any type of work you are doing here in theorie you would need a workpermit regardless of being paid locally or from oversees.

there are these exceptions you mentioned (i am one of them, but not going into specifics here please...), with which you don't even need a local employer (or any employer at all), but still get a workpermit.

 

[StoneSoup]

Fly -

 

My use of the word "needed" was carefully chosen - instead of using the word "required".

 

In theory, you are required to have a work permit even to do unpaid volunteer work here. In reality, the Labor Department will generally not even process a work permit unless you are earning enough salary to be paying "significant" taxes. I understand the amount is about 45,000 baht if single, and 55,000 baht if married (or something like that).

 

In the context I intended, "needed" means - likely to (at some point) have to produce the document to stay out of trouble.

 

I originally came to Thailand working for a US employer who paid my salary to a US bank. I was on a Class O visa, but I travelled throughout Asia constantly, and I frequently just let Don Muang immigration stamp me in on a 30 day tourist visa. I never had a work permit, and I paid no Thai taxes. In reality, I was almost certianly in violation of Thai "requirements" - but the Thai system really isn't prepared to even process unconventional situations. To all concerned, they'd rather you just go away and leave them alone.

 

Thailand bureacracy operates according to a "checklist" mentality. If your papers meet all requirements of the "work permit" checklist, you get your blue book. If not, you are rejected. No matter that you are working, and trying to "do the right thing" - you failed the checklist.

 

"Let the good times roll!"

The Fighting Fish

[gummigut]

Yeah, a checklist unless you have a friend.

 

Thailand is a very checklist society unless you have a friend who can pick the phone up for you and make it disappear.

 

Some friends do cost more than others

 

<<burp>>

[Guest]

right.

anyhow, there are only a few professions they do actually bother to check on a regular base, englishteachers and people in the bartrade as far as i know. most other professions are more or less left alone. the first six and a half years i have worked without permit, and never really made a secret out of it.