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Thai Visa Exemptions and "Emergency" Work Authorization?
Transcript of the above video:
As the title of this video suggests, we are discussing Thai Visa Exemptions and we are discussing work authorization, specifically emergency work authorization. So for those who are sort of unaware, it is probably a good idea to do a preface to this video regarding Visa Exemptions itself. So what is a Visa Exemption?
So the thing to understand, the way to understand a Visa exemption is to understand what it isn't. What it is not is it is not a visa; it is not an actual Thai Visa. What do we mean by that? Well a Visa exemption, I'll often be talking to folks on the phone, especially kind of new folks and they will say, "hey, I came into Thailand on a Tourist Visa. I want to do XYZ". And I'll basically immediately ask them, "you came in on a Tourist Visa or a Visa Exemption?" and they'll basically say, "a what?" and I'll say, “did you actually get a Visa from an Embassy or Consulate abroad or did you just come in on your passport and you were stamped in with status?” and they will say no, I just came in on my passport and I was stamped in. That means you are in Visa Exemption status, meaning that you are stamped into Thailand exempt from needing a Visa, but you are stamped in with lawful status. Presently most passport holders are going to be stamped in with a 60-day stamp in Visa Exemption status. So that's the thing to first of all understand. A Visa Exemption is not a Visa per se; it's not a Tourist Visa, it's not a Business Visa, it's not an O Visa, it's not any kind of visa, it's just exemption status.
For those who want some nuance on this, we have seen issues with banking here in Thailand and it has pertained a lot with whether or not someone has an actual Non-immigrant Visa or whether they are on a Tourist Visa or Visa Exemption and again if you are on Visa Exemption, it's presumed to be temporary; you are just here in an exempt status as a courtesy to your home nation to allow you to be in Thailand.
Now that said, there are issues pertaining to so-called "emergency” work authorization that there are a lot of misconceptions about out there. I thought of making this video after reading a recent article from the Pattaya Mail, pattayamail.com, the article is titled: Not many exceptions in Thailand for working without a permit. Quoting directly: "When the 60-days Visa exempt was introduced in July 2024, it was announced that short-term specific "emergency" work such as installing or repairing machinery or even recruiting workers from overseas did not require permit permission." Well understand too, the precursor to that actually happened in COVID under the Emergency Decree when we had an entirely different body of Immigration Law, so that wasn't really a rule change, that wasn't really a change in the law, it was just kind of a paradigm shift that we saw during COVID. That said, as noted here, there is even more nuance that needs to be understood about this. Quote: "However, notification to the Department of Employment or approval by the Cabinet is theoretically required to identify that claimed emergency." Well it is not theoretical, it is required. They talked about it at the time it came out. So yeah, you can't just come into Thailand on a Visa exempt status and just start working and claim that it is an emergency, not a good idea. Again, you would need Department of Employment or the Cabinet itself to specify that that is in fact an emergency. So that is the thing to understand about all of this. So the thing to take away from this video and understand is one, what an exemption is, and two, that work authorization is required in order to work in Thailand. That means obtaining a Work Permit and that means having a sponsor.
As we have discussed in other videos, we do assist folks especially those who are looking to be self-employed in Thailand with setting up a corporation in order to act as a sponsor for work authorization and basically one can be self-employed in Thailand. They can do whatever it is they need to do utilizing a small company to do that, somewhat akin do what we would call an LLC in Thailand, although it is much more akin legally speaking to what we would, excuse me, LLC in the United States although it is much more akin to what we would call a C-Corps or an Inc. an Incorporated entity in the US. That said, as a practical matter, if you have a good support team like we have here at our office, you can basically operate as if it is an LLC and maintain your Work Permit and Business Visa status here in the Kingdom of Thailand.
