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ResourcesVisa & Immigration LawThailand Immigration LawIs Volunteering Permitted on a Thai Retirement Visa?

Is Volunteering Permitted on a Thai Retirement Visa?

Transcript of the above video:

As the title of this video suggests, we are discussing the notion of volunteering on a Thai Retirement Visa. This actually came up as a result on a comment on one of our channels, quoting directly: "Benjamin I know you don't answer specific legal questions in comment section," (that is true I don't generally do that. It is not always me actually moderating our comments, there are also other folks here and the firm that deal with the comment section. If you see me in the comment section, I usually put my initials under any comment I specifically make), "but I beg you to clarify something for me. I was communicating with (and I am going to redact his name) and discussing volunteering on an O-A Visa. He says he is forbidden from doing any volunteer work while on an O-A Visa. Is this true? Surely the Thai Government would not kick out a retired person for the sin of feeding a hungry child. Please sir, if you can shed some light on this topic." You don't have to call me sir. I haven't been knighted yet but I appreciate the courtesy. 

So volunteering on an O-A Visa. Unfortunately, strictly speaking, any kind of work even volunteering can be construed as violation of one's Retirement Visa. Retirement Visas are explicitly forbidden, retirees and those on a Retirement Visa in Thailand are specifically forbidden from working in Thailand. It is one of the provisions of the Retirement Visa itself. It cannot get a Work Permit. We have done other videos on this channel, one of them specifically 'What is the legal definition of work in Thailand?  You can go over to our website www.legal.co.th and you can find this video up there along with a transcript of it. To go ahead and quote from the Foreign Working Management Emergency Decree of 2017 from the Department of Employment website, quoting directly: "Work” means the use of physical strength or knowledge for engaging in an occupation or a job with or without an intention to obtain wages or any other benefit except the work prescribed in the notification of the Minister." There is a catch-all out there that allows the Minister to exempt things, but as of the time of this video, to the best of my knowledge, there is no exemption for volunteering for retirees. 

Now as far as 'kick out a retired person for the sin of feeding a hungry child', well it depends what you mean. If you are harvesting a field and you are volunteering that activity in order to feed that child, that could be a problem. Buying a hungry child a meal, making a donation, I think it is hard to construe that as work. 

Long story short, on non-work authorization yeah volunteering on non-work authorized visas can be a real issue. Do they make a big deal out of it? Yeah I have seen them do it and there is almost a cliché story among Expats is during the tsunami situation a lot of volunteers came in and they ended up, I shouldn't laugh, it is serious, but it is strange or ironic that some of those folks ended up getting into issues with respect to work authorization as Thai Law is pretty clear on that. Working, pretty much anything, whether or not you're gaining wage from it, so volunteering can be deemed to be work in Thailand and unfortunately that is pretty much restricted under a Retirement Visa.