What should digital nomads know about Thailand's new Elite visa program?

@Jo *********

lived here for years

@Jo *********

then they didn't check very well

@Jo *********

there's legislation called "Working of Alien Act". It's all explained in there although it doesn't cover the specific situation you mentioned. Your mentioned situation is why Thailand recently developed an LTR visa to allow remote work in just that situation

@John *********

That's not why the LTR visa was created. The law on working is still kind of a Grey area regardless. The LTR isn't a digital nomad visa. It's more of a lifestyle visa for wealthy foreigners wanting a more flexible arrangement regarding residence and something that allows them to carry on working in Thailand fully legally without remaining in legal ambiguity. However, few qualify unless you work for a very large company, few of which would allow their employees to work remotely from the other side of the world unless there's something in it for them.

@Dimitri *******

Not quite correct. If you keep under the radar you will have no problems, but the fact remains it is illegal. Why else would the government have introduced the LTR visa. The purpose of this was to make it legal. Why do digital nomads live in Thailand on tourist visas scurrying to borders to get extensions if it was legal?

@Dimitri *******

Correct. And it will likely continue to be like this

@Dimitri *******

until there is

@John *********

while true the only people to have been detained (arrested?) for being digital nomads were quickly released. Happened to a few groups several years back.

And low level officials even made statements it is allowed.

Clearly there is no law saying it is legal. But current interpretation of the law by authorities is that it is.

That could change at any moment.

But Thailand is the most light grey for digital nomads that I know of.

@Aaron *****

Correct and that's only because those digital nomads were working at a coworking space. The person who reported them mistakenly believed they were employees of the coworking space and thought it was odd that practically 100% of them were westerners.

The chances of someone having an issue while working from home are practically zero (only a jealous girlfriend or wife could possibly report them anyway, a stranger couldn't as they would have no way of knowing what goes on inside their house or condo).

In the same vain, and this is why stories like this become folklore among Thailand based expats - a foreigner who paints their own business without a work permit (no matter the fact they my own said business) could get reported for working illegally (and there's no work permit issued for painting anyway) because it's a place of business. However, a foreigner sweeping their driveway, painting their bedroom or helping their wife with the farm on HER land has nothing to worry about. As long as they don't go off helping neighbors, friends or Thai family members outside their residence.

A lot of this is common sense actually.

@Thomas ******

no, because you can change the reason for your extension that has nothing to do with your visa. If you switch from education extension to work extension, or from work extension to marriage extension, those have nothing to do with your original visa. You also cannot change the reason for a visa, for example if you're on a work visa you cannot apply for a marriage extension, but if you're on a work extension you can change the reason and apply for your next extension as a marriage extension. You can cancel an extension and you cannot cancel a visa.

@Brandon ***********

Thai immigration call it a Change of Visa, not a change of extension. But I guess this is wrong too?

@Roberto ********

that's actually for changing to a new visa.... This is why you need the correct terminology.

@Brandon ***********

Exactly my point. An extension comes off a VISA, if you're changing your extension you're changing your visa.

@Thomas ******

Correct. An extension has to be an extension to something. By definition it's a continuation. The Visa extension I'm on is non-O (over 50). It's an extension of the original visa, but no matter how it's spun it's still a non-O (over 50) visa, and I extend it year by year, still having to comply with the original requirements. Using a different analogy, if you build an extension on your home, does your home cease to exist because you now have an extension?

@Roberto ********

@Brandon ***********

I understand what you both are saying and you both have very valid points.

@Brandon ***********

I was just speaking from the logical side of it as in " I just extended my Non-O" leading one to believe that their Non-O was extended and exists in it's original sate.. But, as you said, so many different scenarios can be created from extending your visa in a myriad of different ways is headache inducing. But,

@Roberto ********

extending his Non-O for 1 year at a time with no changes means he is still on his original Non-O visa?

@Thomas ******

no, the non-O visa is marked as USED and is no longer valid. It's gone in the past. After that it's always extension. You cannot renew a visa you can only apply for an extension and each application is a brand new application, not renewing anything.

@Brandon ***********

I see, so after the first year, you are no longer on the Visa only on the extension, which opens up all the possibilities you mentioned before. Thank you for your patience and understanding once again.

@Thomas ******

That's not quite right. You cannot be on any floating extension. Any extension is tied to a visa. It's actually a visa extension.

@Roberto ********

@Brandon ***********

@Thomas ******

There's a lot of misleading information being spread around here. I'm a retired solicitor from Sydney and although I haven't studied Thai law, I have in the past tried to wade my way through to try to understand some of the aspects, particularly in relation to immigration matters. Unfortunately, many terms used in immigration matters have become "westernised" and worse still, abbreviated. For example we talk about a non-O or non-ED visa. No such things exist. Correct term is non-immigrant ED visa, or non-immigrantion O visa (based on a number of situations, such as "married to a Thai", "over 50 years of age" etc. Even the "over 50 years of age" is incorrectly referred to as a "retirement visa" even though there is no requirement for an applicant to be retired, but they MUST be over 50. I'm looking at the comments here, and although I can see Brandon's viewpoint in what is often referred to in these groups, in this case Brandon I have to say you're wrong. Not wrong from the viewpoint of what is generally accepted in these groups, but wrong to criticise Roberto's statement that he pays 1900 baht every year for a visa, because actually he does. The fact that it's actually a visa EXTENSION makes no difference, it's still a visa, simply one that has been extended. Even changing the "reason for extension" makes no difference, the new extension is NOT added to the current extension, it's a whole new situation because the type of VISA has changed. Brandon you criticised some IT contractor for making a mistake on the immigration website. This also is wrong. Although the correct terminology should be "visa extension" and not "extension visa" the situation is still unchanged. Any extension MUST by law be associated with a visa, and consequently becomes a visa extension. I reiterate, it is the fault of our language laziness which has resulted in many misunderstandings. I hope this has cleared up the muddied waters.

@Roberto ********

not really

@Brandon ***********

Not really what?

@Roberto ********

a visa and an extension are not the same thing

@Brandon ***********

Don't be a total clown. You know exactly what I mean. And what do Thai Immigration call it? An "extension visa". Jesus! Some people

@Roberto ********

regardless of what you think, the terminology should not carelessly be used flippantly as using the wrong one could cause people to get incorrect information or incorrect answers to their questions because they didn't ask the correct question.

@Brandon ***********

I'm using Thai terminology which is "extension visa", that's what I applied for last time. You're saying Thai immigration is wrong, that's your prerogative. Perhaps follow your own advice?

@Roberto ********

I don't care what an IT system made by a contractor says.

@Brandon ***********

Ok now I've got it. The official Thai government website is totally wrong but you're right! Any extension goes back to the visa. So it becomes a VISA extension.

Definition of extension: a part that is added to something to enlarge or prolong it; a continuation.

Take a look at the TM7 form. It asks for type of VISA. Not type of extension. I guess that's wrong too is it? Jesus

@Richard ********

I've only had a non-oa and that cost me $300aus. Never applied for a non-o and never read about it. I'm sure there was a time you didn't know either. So wow back at you nitpicker