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ResourcesVisa & Immigration LawThailand Immigration Law"Current Panic" Regarding "Illegal Workers" in Thailand?

"Current Panic" Regarding "Illegal Workers" in Thailand?

Transcript of the above video: 

As the title of this video suggests, we are discussing matters pertaining to Illegal workers here in Thailand. For those who are unaware, it is required for foreign nationals coming into Thailand that they receive work authorization if they wish to work in Thailand. Now in the past, I would have to caveat things when I would talk to people about things like Retirement Visas, things like any type of visa status here in Thailand, that even working remotely you needed a Work Permit. Well, you know what, to their credit the current Government, the current coalition Government went ahead and actually did put out some new types of regulations and things and created new visas especially the DTV, the Destination Thailand Visa which does allow work authorization for those working outside of Thailand. They want to ensure people don't work in Thailand and it's a fair point. I mean around the world we have all sorts of immigration problems. Look at the United States for example. Work Authorization is a big deal; local labour markets need to be insulated. I have never thought that is a particularly bad policy in and of itself. So that being said, this issue of working illegally is one that is of concern to policy makers here in Thailand.  

I thought of making this video after reading a recent article in the Pattaya Mail, that is pattayamail.com, the article is titled: Contradictory Immigration rules handicap common visa hopes. Quoting directly: "A further issue is whether ASEAN Nationals would be able to work across the region (as in the Schengen arrangements) rather than require a Work Permit in each country. Given the current panic, particularly in Thailand, about illegal workers and border scams, progress towards such labour flexibility looks out of the question. ASEAN was set up as an economic free-trade zone and has a long history of avoiding cross-border political agreements. The dream of a common visa remains something to sleep on." 

So what they're talking about there is notwithstanding the fact that there have been efforts to create a unified ASEAN Visa scheme, and I urge those who are watching this video, go check out that article in detail, the thrust of it goes in a different direction than this video. But that said, when you look and read that article, you'll kind of get some insight into this. Look Thailand takes Work Authorization in this country very seriously. Myanmar nationals, Cambodian nationals, Lao nationals and Malaysian nationals oftentimes process through an entirely different immigration system here in Thailand as their nationals primarily interact with the economy here in Thailand very, very differently than countries that do not border them. So, for example we know here up near Suan Plu, the old Night Bazaar, but there used to be the main Immigration Office before it moved to Chaeng Wattana. Now they primarily process Cambodian, Laos and Myanmar nationals, that is my understanding is what that facility does. The point I am trying to make regarding this is Thailand takes Work Authorization extremely seriously and they are meticulous in basically ascertaining whether or not someone is working illegally here. 

So the thing to take away from this video and understand is if you are looking to come to Thailand, you need to ascertain whether or not you need work authorization to do what you are looking to do. For the most part, especially in this increasingly digitized economy, I'm talking to people on the phone, and they are saying, "hey this is what I do", and I say "look you can get a long-term Visa; we get you a DTV; we can get you whatever you need. Under those circumstances, what you're doing doesn't require you to be work authorized here in Thailand per se. Other people talk to me, especially those that want to open a bar, open a restaurant, open some kind of facility here in Thailand, do standard business, consulting, they want to sell their products, whatever, that's work authorization usually territory here in Thailand. That's going to require a Work Permit but depending on your circumstances, there may be various options of various types of price differentials that may allow you to do what you want to do here. So those who are curious about Work Authorization, it may not be a terrible idea to contact a legal professional, gain some insight and guidance into how best to proceed.