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Destination Thailand Visas and REMOTE Working?

Transcript of the above video: 

As the title of this video suggests, we are discussing the Destination Thailand Visa; we're discussing specifically an emphasis upon remote working in Thailand which I will get to here in a moment. I do think it's important to understand the context of what is going on in the background right now here in Thailand. And that is Bhumjaithai has won a pretty resounding plurality in the Lower House of Parliament, in the House of Representatives. It looks as though they will be creating the Coalition that will be governing Thailand, and it looks like it's going to be quite a stable Coalition - probably moving through at least the next two and a half to possibly 3 years. They are already saying that they expect to hold all the way through term but again, we have heard that before; Parliament dissolutions are not an uncommon thing here in Thailand. That being said, I think it's safe to say, I called it an Era of Good Feelings, call it a time of certainty. We have seen a lot of foreign investment coming in so understand that is the background. Now also understand, Bhumjaithai is a highly nationalist party - it's one thing I tend to agree with them on - is they believe in national sovereignty, national autonomy, and there is a lot of concern with regard to possible foreign undue influence, but also foreign nationals coming to Thailand and disrupting the Thai economy, especially the Thai labour pool, and that's extremely important. 

This issue with the Destination Thailand Visa and work authorization is one that I don't think has been brought to a fine point, but I think will in coming days and weeks, and understanding the paradigm is going to be useful for folks out there. Now let me be clear, in the past, I have been critical of the DTV. I remain critical of it to some degree on a policy level, but I am relatively confident that Bhumjaithai will come up with some way to balance all the issues here. I totally get the desire to bring in foreigners, especially those who are just going to spend money in the country. Again that has to be balanced against protecting the Thai labour force, but at the end of the day, I understand these things. I thought the way the DTV was created was not particularly good, but that said, if it's the best option for our clients, we will absolutely pursue it and we have; we process DTVs on a regular basis. But the thing to understand and the reason for the video is the work authorization thing. 

Let me let me quote directly from a recent article in the Bangkok Post, that's bangkokpost.com, the article is titled: Thai Cabinet endorses Visa revamp. Quoting directly: "The Cabinet on Tuesday endorsed a comprehensive visa package proposed by the Ministry of Foreign Affairs to boost tourism, attract long-stay visitors, and stimulate the economy." The wording here is important. Long-stay visitors. That's how the DTV is perceived in the paradigm of Thai Immigration and I think that is how it has been perceived, albeit a little less so under the rump coalition government as I called it back in the middle of the summer, then more now, but again that was always the sort of reasoning behind the Visa is that it was for these kind of more temporary, nomadic type folks. It's not intended as a visa to be here and put down roots per se. 

That being said, quoting further: "Deputy Government Spokeswoman Aiyarin Phanrit said the measures, implemented in phases, aim to enhance Thailand's appeal to tourists, remote workers, and long-term residents." Again, emphasis on that 'remote worker' thing. Let me keep going here, quoting further: "With a Visa-free entry for nationals of 93 countries for up to 60 days and an expanded Visa-on-Arrival scheme for 31 territories in effect, the new Destination Thailand Visa caters to remote workers, while the Non-immigrant ED Plus Visa allows foreign students to work while they study." That's the important thing. They've re-emphasized multiple times just within a couple of paragraphs in describing this, that this is for remote workers. And that is what needs to be understood about the DTV from the outset when people are looking to come here. It's not for work in Thailand. What this was designed for is basically to eliminate or alleviate the issue that we saw, what two or three years ago, when people would call us for example and say, "hey I'm coming to Thailand, but I work for my company back in America or back in Europe or wherever. I work remotely; I get online; I do emails; I talk to people, zoom calls, whatever, but I don't work from Thailand." We had to tell people, “Hey, you actually have to have work authorization for that in Thailand." These days, the way I look at this is the DTV is not work authorized. It's basically, "we don't care that you are doing “remote work", it's like just looking the other way if you will. If anything, you know what, I might use a clip from I think it's the movie The Town with Ben Affleck, but there's a scene where this cop just looks the other way while this whole crazy thing is going down because he really has no choice. If he engages, he's probably going to not be alive the next day. And there's a line in there, he didn't want to end up as a photo of the VFW. It's an interesting scene; we'll use it as a clip for this. But that's what the "work authorization" if you will, associated with DTV pertains to, or that's its scope. Remote work. It's not for work in Thailand hence the reason folks on the DTV are restricted from getting bank accounts in Thailand, so that's the thinking moving forward. 

That being said, for some folks depending on their circumstances, it may be an optimal visa and for those who feel a bit overwhelmed about all their options and all the restrictions and requirements associated with Thai visas, it may not be a terrible idea to contact a legal professional, gain some insight and guidance into how best to proceed.