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Answered3 years ago

What is the definition of a remote worker for the Thailand Elite Easy Access Visa, and can I work for a foreign company while living in Thailand?

Kenny **********
asked Aug 11, 2023
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So I am just reading on Thaiembassy.com Thailand-vis/Thailand-elite-easy-access-visa. The site states that this visa is perfect for singles, remote workers, etc.

It then goes on to say you cannot have a work permit.

What then is their definition of a remote worker?

If I work for my company in Thailand and I am only accessing European customers and getting paid as usual into a uk bank account am I classed as a remote worker?
Answer summary
The conversation discusses the definition of a remote worker in the context of the Thailand Elite Easy Access Visa, which does not permit holders to work with a work permit. Users clarify that the only visa allowing legal remote work is the LTR visa. They highlight the ambiguity surrounding working remotely for a foreign company while in Thailand, noting that while some individuals may do so without consequences, it remains legally questionable. Participants emphasize that working in Thailand without a work permit, regardless of where one is paid, is against Thai law, and that users should be cautious and aware of the risks involved.
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Kenny **********
Kenny **********
OP
Thanks for all the advice on here.

My company would never allow me to work if there was any doubt about the legality.

They could easily meet the requirements if they chose to but it’s always profits before people.
Luke **********
Luke **********
It should be based on where you’re employed, not where you’re working. Does that make sense?
Nigel *********
Nigel *********
@Luke *********
As far as Thailand is concerned, it's where you physically are. So, if you're in Thailand and your'e working you need a work permit. Thems the rules.🤓
Frank **********
Frank **********
As stated above, it is not legal to work in any capacity while living in Thailand if you do not have a work permit. Even volunteering (when there was such an option) required a work permit. It doesn't matter where you are paid or where your customers are located. If you are located in Thailand and working, you need a work permit.

Having said that, no one will know what you do in the privacy of your own home or where your money comes from. Unless you get on someone's bad side or there is a dramatic shift in how the Thai government deals with the digital nomad situation, you will probably live consequence free... but just know, you are not in compliance with the conditions of your visa or Thai law if you engage in work activities without a work permit.

Short version, you will probably be fine... but you won't be legal.
Henrik *****
Henrik *****
Be aware it has nothing to do with a official Thailand Embassy.

But a privat compagny, which try to decieve people.
Steve ********
Steve ********
Just be aware that ThaiEmbassy.com is a visa agent site. Unfortunately many people are conned into believing it's an official Thai government website. It's not. And they publish a lot of misleading information
Edna *******
Edna *******
@Steve *******
yes, without the official logo it’s iffy. But they they do create subjects not thought of that require more official confirmation.
Steve ********
Steve ********
@Edna ******
However you try to spin it, it's unreliable
Ulrik *********
Ulrik *********
@Steve *******
they are a huge source of misinformation. Seems like they make up their own rules on various subjects.
Steve ********
Steve ********
@Ulrik ********
Exactly. And it's the fact they use "Thai Embassy" as their domain name, many people are conned into believing it's reputable and official
Brandon ************
Brandon ************
The only visa that legally allows you to work remotely in Thailand is the LTR visa.

There are many people working remotely on other visa types, they just don't advertise the fact since the legality of doing remote work in Thailand without a work permit is a grey area as the laws were written before the internet.
John **********
John **********
@Brandon ***********
not really a grey area. Thai laws are pretty black and white, particularly the definition of what constitutes work
Alistair **********
Alistair **********
@John *********
the definition of work is incredibly broad. I'd say lack of law enforcement and/or legal cases (that I know of) against remote workers would make it a grey area.
Kenny **********
Kenny **********
OP
@Brandon ***********
I just received contradictory information from Siam legal.

I can work remotely in a marriage visa or elite visa as long as I am only dealing with my Swiss clients and I am still on a uk contract and still paid into a uk bank account
Tore *********
Tore *********
@Kenny *********
this is also how I’ve understood the rules from several sources now. Only illegal if you do actually Buisness in Thailand with Thai clients etc.
John **********
John **********
@Kenny *********
that's not correct. An elite visa is work prohibited. On a marriage visa you can get a work permit but need a company to sponsor this
Brandon ************
Brandon ************
@Kenny *********
the laws says that any work in Thailand is illegal without a work permit. There was even a few raids on remote workers many years ago. But nothing about any kind of enforcement against remote workers since then.
Keith ************
Keith ************
@Brandon ***********
I've only heard of one raid, in Chiang Mai. It was an internet cafe and afterwards they let everybody go, saying it was a misunderstanding, and that it is not illegal to use an internet cafe.

Do you have any source for any other raid on a remote worker or workers?
Edna *******
Edna *******
@Brandon ***********
remote workers still contribute to the Thai economy. To bad this law can’t be updated.

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