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What is the right visa for freelancers to work legally in Thailand?

Visa TypesNon-B VisaWork PermitBOI VisaDigital Nomad VisaMarriage Visa for ExpatsFreelancing in ThailandThai Business OwnershipMarriage to Thai NationalForeign Business Ownership
Dec 14, 2021
3 years ago
Andreas *********
ORIGINAL POSTER
Hi! I´m a design freelancer and I would like to know the right visa to legally work in thailand.
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TLDR : Answer Summary
Freelancers cannot legally work in Thailand without a proper work permit. The best option is usually to establish a business, which may require hiring Thai employees and meeting capital investment criteria. Currently, discussions around a digital nomad visa may address freelancers' needs, but participants should wait for formalization. Foreigners married to Thai nationals can benefit from marriage-based visas that allow for work permits under certain conditions.
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Nguyễn *****************
You can come to thailand as a traveler by visa exemption with 30 days in Thaiiland, then you can extend for 60 days at the local immigration office.
3 years ago
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Jordi ********
@Nguyễn ****************
 best delete your comment. There is enough confusion already.
3 years ago
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Nguyễn *****************
Iam living in Thailand and running my own business in Thailand. I will help somebody need my help without any profits. Please contact me in private.
3 years ago
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Nguyễn *****************
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Benjamin ******
@Nguyễn ****************
 not true. A person can arrive on a 30 day visa exempt and get a 30 day extension of stay based on tourism. They can only get one of those exempt of stays.
3 years ago
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Benjamin ******
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Terary **********
I like that you said "legally work". If you are bringing your own job, with your own paycheck, not siphoning income from the local economy, nobody cares. There is debate about 'legal'. I have been here working for US employers for a few years now. Nobody has asked about my money supply or work, not even immigration.

Thailand is happy you spend your paycheck here. They are not happy if you take a paycheck from a Thai person.
3 years ago
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Chris ****
Well done on asking how to get a visa than what everybody else does which is solicit work. You are off to a great start!
3 years ago
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David ********
William Well
3 years ago
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Khun ******
Can we change Thai PV to PJ?

Please let me know.

Thanks
3 years ago
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Benjamin ******
@Khun *************
 What's PV to PJ?
3 years ago
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Khun ******
@Benjamin *****
 Passport of visit(pv) and Passport of Job(pj)
3 years ago
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Benjamin ******
@Khun *************
 You mean a single entry tourist visa to a Non-B/ one year extension of stay based on employment?

Yes, you can do that. You will need a legal job though.
3 years ago
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Benjamin ******
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Peter ***********
Wait whether the " new regulations " for digital nomades will really take place. If so you could stay up to 270 days due to a special visa they are considering.
3 years ago
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Brandon ************
@Peter **********
 they've been "considering" new digital work visa schemes for like 5 years
3 years ago
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Marc *******
@Peter **********
 they have been “talking” about this visa for some time. Maybe Chiangmai will have a commuter train first.
3 years ago
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Benjamin ******
@Peter **********
 And how is that new "special tourist visa" different then the existing special tourist visa?
3 years ago
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Peter ***********
@Benjamin *****
 Wait and see, as said, they are considering ... f.e., how to exactly define the rules to obtain a work permit. Maybe just another bubble.
3 years ago
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Benjamin ******
@Peter **********
 Can you send me the links to the information you have about it?
3 years ago
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Benjamin ******
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Bruce *****
Work from home deal with overseas companies
3 years ago
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David ***********
Yes, you can legally work in Thailand as a freelancer if you work under a BOI umbrella organization like IGLU. They invoice your clients for you and handle income tax requirements. You'll need a B-visa. Talk to them about it first.

Also, if you only work online and do not have any Thai customers, that would be illegal but it doesn't usually have any repercussions.
3 years ago
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Duncan *******
@Daffyd **********
 Is Iglu accepting applicants again? Last I heard that they weren't be it that was about a year ago.
3 years ago
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Duncan *******
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Jason **********
I know quite a few freelancers living in Thailand and I’ve never heard of any of them needing a work permit, but there might be some certain rules apply. I had a read of this article it seems to explain it well:
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3 years ago
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Moaya **********
@Jason *********
 all breaking law all subject to fines , jail and deportation
3 years ago
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Duncan *******
@Jason *********
 so you know people who are breaking Thai law but that's ok because they haven't been caught - ROFL 🙂

That link you posted is a direct ripoff of the CM Locator interview with the CM Work Permit Office.

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3 years ago
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Jason **********
@Duncan ******
 I get the point but they still don’t answer the question as such. So if a foreigner decides to take 3-6 month holiday to Thailand and opens their laptop to reply to emails and do small tasks then they’re basically saying they need a work permit. If that was the case then most freelancers are screwed lol
3 years ago
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Duncan *******
@Jason *********
 under Thai law, if you were writing an email for work on a one-week holiday you'd be breaching Thai law. It's a question of what they care about enforcing. And all this talk about digital nomad visas they're on again about at the moment mean nothing without the legal right to work.

I've lived here nearly nine years and I work exclusively online - the first few years I went through longer tourists visas then a few years of ED visas, all of which meant I was illegal working. The last four years I've used an umbrella company, have a work permit and pay Thai taxes. For longer you're here, the more risk there is in not doing the right thing - and that's even in between the occasional visa crackdowns. 3-6 months they're not going care.
3 years ago
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Duncan *******
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Jason **********
@Duncan ******
, Most people i know own a company outside of Thailand and don't trade with Thai companies or offer any services within Thailand, so if they own a US company and pay taxes in the US, but managing their business from their laptop while traveling or staying in Thailand to support their wife and children then i'm not sure a work permit would be required. Unless of course they was trading with Thai companies. Please correct me if i'm wrong.
3 years ago
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Duncan *******
@Jason *********
 100% required. If you're working in Thailand you require an appropriate visa and work permit. That some do and don't get caught is because authorities prioritize who they care about - still illegal but they mostly only really care if you're taking jobs from locals.

This interview with the CM Work Permit Office is a good summary of the general attitude.

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3 years ago
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Duncan *******
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Tony **************
Smart S Visa- You just have to create something technology-based to stay in Thailand legally 2-3 years. PM Me.
3 years ago
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Wanalee *************
Can my husband own 49% and I own 51% of the company?
3 years ago
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Wanalee *************
Alright, Thank you for all of your answers.

Don't worry, we probably use lawyers... Just curious.

The money is not an issue for us and My husband will be actively working in the business, we wanted to move to Thailand at the age of 50 years old since we are building our wealth in America right now, we own multiple businesses including rental properties, and soon will move to commercial building and apartment complex. so we plan at the age of 50 we will sell all of our business, moving to Thailand and starting a real-estate company to build a big neighborhood, commercial building, sport complex, apartments complex ... so employ 2 or 4 or 10 employees is not my concern, or invest 2 or 10 or 100 Mil bath still not my concern. just wondering if we both can own business because marriage is a partnership, and I don't want to be the only one who own everything in my country.. I want to make sure he own almost half of it...

But Thank you for your answer
3 years ago
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Michelangelo **********
@Wanalee ************
 unfortunately not. Most nationalities are only subject to own 49% share of a business. And the rest must be owned by Thai; however some nationality are subject to own 100% of their business eg; USA 🇺🇸 citizens cam own 100% of a business x
3 years ago
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Wanalee *************
@Michelangelo *********
 well ,my husband is American, I'm duo citizen, Thai and American
3 years ago
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Michelangelo **********
@Wanalee ************
 ah perfect thats lucky; Im sure you can own 100% of a business then. And good luck to you guys 🥰
3 years ago
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Kool *******
@Wanalee ************
 if he is American he can also set up his business under what is called The Treaty of Amity, and does not need a work permit, but will need, within the first year, to establish at least bt2million in registered capital. The Treaty of Amity only applies to American citizens, and the US embassy has a division that can help him get it set up. Most use an attorney as it is involved with the articles of incorporation, and the corporate bylaws that must be drawn up.
3 years ago
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David ***********
@Kool ******
 Are you sure about that? I think they still require a work permit to work, just not needed to act as a director.
3 years ago
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David ***********
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Wanalee *************
@Jordi *******
 sorry ..

Noo. I meant to ask the other comments about that you have to open a company and own 49% just wonder
3 years ago
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David ***********
@Wanalee ************
 Yes, your husband can own 49%. 35% invites less scrutiny. But as your husband is married to you (a Thai) you do not need to set up a company at all. Spouse visa plus work permit against your registered business is all you need.
3 years ago
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Wanalee *************
@Daffyd **********
 ok. This get confused..

so if my husband and I want to move to Thailand when we 50 years old. and we want to start business (real estate) in Thailand , which is the best way for him to stay in Thailand and also work at our business and don't have to renew Visa often.
3 years ago
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David ***********
@Wanalee ************
 It doesn't affect how often he will have to extend his visa. It is still an annual requirement.

And there is no need to wait until he is 50 years old.
3 years ago
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Kool *******
@Wanalee ************
 if you are Thai, and his wife, his best visa is a type O based on marriage to you, listed as Thai wife. He can work, and get a work permit with the marriage visa extension. It is the best for this.
3 years ago
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Wanalee *************
@Kool ******
 ohhhh ok. didn't know that he can work as marriage visa.
3 years ago
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Kool *******
@Wanalee ************
 yes, he can work on a marriage visa, but can not work on a retirement visa. They are both type O visa extensions. I am not sure about the financial requirement in order for your business to quality for his work permit. I think it is just bt1million in registered capital instead of the bt2million if you weren't married. The issue is what the department of Labour requires of your business in order for you to get him the required work permit. He can be a shareholder in the business without a work permit, but in order to do any work he must have a work permit, and that requirement is by the department of Labour.
3 years ago
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David ***********
@Kool ******
 There is no capital requirement - that is for companies. There is also regulation regarding minimum salary, but in practice they want to see a minimum of 40K per month.
3 years ago
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Steven ***************
@Kool ******
 . It's 2 million instead of 4 million capital and 2 thai employees instead of 4, if you are married to a Thai. A work permit is granted but restrictions still apply on type of work the foreigner can do.
3 years ago
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David ***********
@Steven **************
 There is no capital requirement for a sole trader business, nor any need to employ other Thais.
3 years ago
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Steven ***************
@Daffyd **********
 . She wasn't talking about a sole trader business. Read her post and replies. And no employees in a sole trader business is stating the obvious
3 years ago
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David ***********
@Steven **************
 Read her post and replies. She was under the misapprehension that you "have to open a company" (her words).

Kool Breeze and I had already moved on to discussing how her husband can get a work permit on a marriage visa ... this avoiding the need to set up a company.
3 years ago
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Steven ***************
@Daffyd **********
 . Was just correcting the amount of capital required and employees when opening a business with a Thai spouse on a spouse visa/ext. 2 thai staff are required because the foreigner gets a work permit as part of the process being a part owner no thai staff= no foreigner work permit. This is completely separate from Amity Treaty which is exclusive to US citizens only. She's half thai so needs nothing, but if her husband wants to be active in the business, he needs a work permit, hence the minimum thai staff. She can't be counted asone of the two if she's a director/major shareholder of the business
3 years ago
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David ***********
@Steven **************
 Except that what you are saying is not true.

Re: "if her husband wants to be active in the business, he needs a work permit, hence the minimum thai staff" ... not true. He can be active in the business without any Thai staff ... if it is not a corporation.

I don't know why you brought the Amity treaty into this.
3 years ago
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Steven ***************
@Daffyd **********
 . I bought Amity Treaty in because..

A. She and her husband are US citizens.

B. Try getting a sole trader business in Thailand as a foreigner without Amity Treaty unless you are prepared to invest a fortune on alternatives , which will require hiring staff anyway.

Businesses,companies and corporations are 3 separate things and all have different requirements.
3 years ago
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David ***********
@Steven **************
 Try reading what I wrote and stop lecturing me about basic concepts that I fully understand. I never suggested that he could register a business in his name. I said that SHE could register a business in HER name and then EMPLOY HIM... with a work permit. No Thai employee quota is required.
3 years ago
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Steven ***************
@Daffyd **********
 . Prove it. Without her having a minimum thai staff requirement to employ a foreigner , married or not. And /or millions of extra capital and a reason she must employ a foreigner over a Thai.
3 years ago
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David ***********
@Steven **************
 Not interested.
3 years ago
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David ***********
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Kool *******
Unless you are hired by an employer you can not get a work visa and work permit, unless you set up your own company. It takes bt2million in registered capital, and the hiring of at least 4 Thai employees that you pay social security on for each work permit, and you can not work legally without a work permit. You can not even do volunteer work without a work permit.
3 years ago
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Chang *****
how to make a little fortune in Thailand? ... bring a BIG one! (y)
3 years ago
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Kool *******
Alok Gupta selling is work, and he can not legally work without a work permit.
3 years ago
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Kool *******
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Frank-Steven ***********
Not possible, yet. However, there is talk (as in the cabinet agreed in general) to introduce such a digital nomad visa next year - which would allow for a longer term stay and for generating income from foreign sources. However, some things in Thailand will be just that: talk. Let’s see what happens in January.
3 years ago
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Benjamin ******
You can not legally work in Thailand as a "freelancer"/ "digital nomad"/ etc. You CAN legally establish a business, and get a long term visa and work permit. However, it does require meeting certain revenue requirements, and potentially hiring certain amount of Thais. You also may not be able to own 51% of the business either.

I recommend reaching out to the Board of Investments

*************


Or the Joint Foreign Chamber of Commerce (they are responsible for encouraging foreigners to establishing businesses)

********************


And see if anyone can help
3 years ago
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Terry ********
@Benjamin *****
 digital nomads have been working from Thailand for years. And yes, it’s perfectly legal.
3 years ago
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Benjamin ******
@Terry *******
 No it isn't. If you look at the labor laws, all value generating output requires a work permit. The labor laws were written in the late 1970s' before remote work was common.

If a person wants to work online, keep their head down and don't talk about it to anyone.
3 years ago
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Terry ********
@Benjamin *****
 the labor laws were written to protect Thai jobs, which a digital nomad isn’t threatening. But you’re right that the best thing for them to do is keep a low profile.
3 years ago
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Terry ********
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