Unfortunately the gazette's issues and answers section was removed when they revamped the website. But look at what the labour department and employment officers say on the subject NOT immigration, who are not the enforcers of this issue.
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Is earning money through online advertising, website affiliate marketing or operating a business that has only an online presence whilst staying in Thailand considered working? Would that person be required to have a “business visa”?
Ting Tong Farang, Phuket Town
Any foreigners working or starting a business in Thailand, online or off, need to first get a proper visa.
They can apply for a Non-Immigrant B visa at a Royal Thai Embassy in their home country.
Once they get it they can come to Thailand and apply for a work permit with the Department of Employment.
If we find out that a foreigner is doing business online without a work permit, we will arrest them and take legal action through the court.
Pol Col Panuwat Ruamrak, Superintendent of Phuket Immigration
Doing business online is considered a type of work, so foreigners are required to have a work permit to do so.
The first thing to do is get the proper business visa. Foreigners with any other type of visa generally cannot apply for a work permit.
An exception to that rule is made for foreigners legally married to Thai citizens.
For more information on the visas and documents required to apply for a work permit, we advise foreigners to contact us or the Department of Employment in the area they live.
We need detailed information from the foreigner before advising on further action.
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0-1 ext 13 for further information.
Somkiat Baiadul, an officer at the work permit division of the Phuket Department of Employment
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Is uploading videos to YouTube considered work?
I have a YouTube channel showing a video diary of my travels around Thailand – promoting the country and activities here.
I am trying to understand what laws I need to be aware of in relation to my current and past activities. Is uploading videos to YouTube considered work? Does it matter if I have YouTube ads turned on or off?
I have many other videos on my channel, which I made 100 per cent outside Thailand – before my arrival. If I have ads turned on and am being paid for these past activities while I am in the Kingdom, is this considered work?
Concerned vlogger, Thailand.
No, it isn’t, as long as the uploading is for fun or to share on social media networks publicly for free. However, if you turn on YouTube ads while living in Thailand, or post them in your own blog where they can collect revenue, this could be considered work. Even if you posted videos while outside Thailand, but then activated or turned on ads related to them, this would still be considered work, as you would be making money while in the country. It means you are working while you are living in the Kingdom. However, if you activated the ads before entering the country, but still received revenue once entering the country for your holiday, then this would not be considered as working while staying in Thailand.
Yaowapa Pibulpol, chief of Phuket Provincial Employment Office (PPEO).
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