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"20,000 Foreigners Have Been Arrested" In Thailand?
Transcript of the above video:
As the title of this video suggests, we are talking about foreigners being arrested specifically for work authorization violations here in Thailand. I thought of making this video after reading a recent article from the Pattaya Mail, that is pattayamail.com, the article is titled: Not many exceptions in Thailand for working without a permit. Quoting directly: "At least 20,000 foreigners have been arrested in Thailand over the past 12 months for not having correct work authorization. However the majority are economic migrants from neighbouring countries who failed to register with the Department of Employment under the Memorandum of Understanding with Myanmar, Cambodia and Laos. Low skilled for the most part, they are either ignored or returned to the nearest land border of their native land."
This is key though, okay. So yeah, most work authorization stuff that we see here in Thailand usually happens with neighbouring, as noted in that excerpt, it pertains to folks from neighbouring countries who are migrant labour, sort of itinerant labour if you will. That said, this is key. Quoting directly: "But an increasing number of foreign tourists from the UK, mainland Europe, China, Russia and India have also been fined and deported. Without a Work Permit processed by either the Department of Employment or the Board of Investment" - well to be clear, Employment is who ultimately handles it; Labour Department handles work authorization. BOI doesn't handle that direct, they have to deal with Labour Department; that's why they created “One Stop” so that Immigration and Labour are in one place. Quoting further: "Their offenses have included teaching, taxi driving, beauty treatment, tour operating, selling accommodation, people trafficking, and running clubs amongst others. Perhaps the most bizarre case was the British guy whose parrot had been taught commercially to say to passerby, "please be generous thank you."
So yeah, the point that has been made in this article or in this video is we are not just seeing work authorization violations being prosecuted here in Thailand by itinerant labour from neighbouring countries. We are increasingly seeing it from basically foreign countries of both the West, the Anglosphere, as well as Russia, China and India which are increasingly becoming more dominant economically both regionally and around the world. I expect this trend will likely continue.
Now as with all videos where I cite something, I do urge those who are watching this video, go check out that article in detail. There seems to be some optimism regarding possible legislative changes that may auger to the benefit of foreigners. I am kind of skeptical on that. I expect that actually it will probably be more business as usual as things progress, most notably because politically look, I have said this in the past with regard to expats from their home country, but expats, immigrants, they don't have much of a constituency, and in Thailand I would argue expats and immigrants have no constituency because Thailand - so for example in the United States, many, many immigrants eventually will become citizens. Politicians are therefore somewhat receptive to the plight of immigrants because they presume that one day they may become voters, basically. Here in Thailand that is not such an exigent concern of Thai politicians, I'm here to tell you. As a naturalized Thai, first of all, it's not an easy feat to become Thai. Then once you even become Thai, there is five more years before you can even vote. So the thing to understand with this is politicians in Thailand are not going to be particularly overly inclined to go out of their way to help foreign immigrants and things of this nature from a political standpoint. I am not saying they are like heartless or something, but I am saying that politically, there is no expedience for them in being overly helpful to foreign labour. And if anything, Thailand's modus operandi in terms of foreign labour is to be protectionist for a variety of different reasons and I don't see that trend changing much of anytime soon.
Now that being said, those who do come to Thailand and wish to especially be self-employed, it is very possible to do that, most notably usage of a small company. Companies can be incorporated here in Thailand. You can utilize that to go ahead and sponsor effectively yourself for a Work Permit and then maintain your own Work Permit and visa and do whatever you need to do and as long as it doesn't bump up against the restricted occupations which most of the things most foreigners want to come here and do generally aren't. For example, something really common is setting up a bar and grill, setting up a restaurant. Generally speaking, you are not bumping up against restricted occupations issues with regard to that. There are exceptions, there are things that you have to kind of be aware of with regard to restricted occupations, but overall it is possible to set up that kind of business. Again other things that foreigners look to come here and do is usually not a problem, but there are things that are restricted in Thailand, and I don't see Employment Laws in Thailand changing anytime soon.
