Digital Nomads Working in Thailand

Can digital nomads work in Thailand without a Thai work permit?

In order to work in the Kingdom, a foreigner needs to:

• be on an appropriate visa,
• obtain a work permit and
• pay taxes.

But, what is work? A digital nomad working on his laptop in a co-working space, is that considered work? A businessman sitting in his hotel room preparing for a seminar? When does the Work Permit office consider this to be work? This is a hard question to answer with a straightforward yes or no.

The most important criteria that the Work Permit Office considers when judging if a foreigner works or not, is: does the foreigner use energy, knowledge or effort to produce something? If the answer is yes, then this could mean work. However, the authorities may not pro-actively investigate or pursue every such case.

The Work Permit Office will mostly be concerned with an activity of foreigners when:

1. Thai security is affected in a wide sense
2. the activity of the foreigner takes work from local Thai people

Using these criteria, aren’t most Digital Nomads in Thailand effectively working here illegally?

• Yes, in a strict sense. However, Thai law does not have specific sections that cater to relatively new developments such as foreign online workers.

This article talks about typical cases of foreigners “working” in Thailand to understand where the delicate grey line runs, which cases are clearly illegal or which would raise the concern of the authorities.

Typical Cases of Digital Nomads and Foreigners Working in Thailand

1. A digital nomad works on his online shop in a co-working space.

Answer: The digital nomad is allowed to manage his online shop during the duration of his stay in Thailand without a work permit. Even if some of his customers are in Thailand, he is just continuing to do something he was doing before he came to Thailand anyway. However, if his products or market are mainly from Thailand, then YES this is considered to be work and it is a concern.

2. A website designer offers his services to fellow Digital Nomads in Thailand.

Answer: YES, this clearly works and he should get a work permit for it. This job could have been done by a Thai website designer, the foreigner is competing with Thai workers and so he needs a work permit.

3. A foreigner sources handicraft products in Thailand and exports them overseas.

Answer: YES, this is work, because the products are taken from Thailand4

4. A foreigner sits in his apartment and teaches Chinese students online via Skype.

Answer: Officially, it is work, however, it is not the main concern right now, so the authorities allow the foreigner to do this without a work permit. In this case, it will be a matter of the scale of the work and the environment.

5. A travel blogger writes about Thailand.

Answer: YES, this is work and it could be a concern. This work could have been done by a Thai person. Also, in order to produce the blog, the blogger uses information, sources, material, and pictures from Thailand to sell it in the international market place. Finally, the content of the blog may affect the security and image of Thailand. The blogger definitely needs a work permit to do this.

When the blogger is an international travel blogger writing not only about Thailand but many more places and he stays in Thailand not too long but just as part of a longer trip to several countries, we allow this case without a work permit. But when the blogger is focused mainly on Thailand, he/she needs a work permit. Even if the blogger does not make any money with his blog, he is still using his knowledge and ability with content that is derived from Thailand, so he needs a work permit. However, bloggers may not be the main concern of the authorities, unless there are some problems.

6. A businessman travels to Thailand for a few weeks and conducts some business activities on behalf of his company.

Answer: No work permit is needed. The businessman is allowed to meet business partners, discuss business opportunities, source products, even present merchandise to potential buyers and sign contracts on behalf of his company, because the nature of this is just temporary activity in Thailand.

Also, Thailand has an agreement with the ILO (International Labour Organisation) that foreigners can work in Thailand in this way.

Other Related Cases

7. A foreigner owns a couple of condominiums and rents them out.

Answer: Officially, foreigners are prohibited to conduct any property related business. This is one of the so-called forbidden jobs for foreigners. Foreigners would have to register this business and they cannot own more than 49%. However, this is NOT considered work when it concerns just 1 or 2 condos but it is when there are 10 condos for rent and he’s specifically doing this as a business. If the foreigner bought the condos only as an investment and does no work at all to rent them out but has hired a local Thai to do this on his behalf, then the foreigner does NOT need a work permit.

8. A farang-Thai couple owns a restaurant and the foreigner is involved in the management of the restaurant

Answer: This is a common and delicate case. If the foreigner is only sitting in the restaurant but not serving customers, not training or managing staff, not cooking and not buying supplies, then he does NOT need a work permit for this. But if he is involved in any of these activities, officially he does need a work permit.

However, there is another section of Thai law that applies to this situation which is that when this is a small family business he is allowed to take care of his family. So in practice, normally no work permit is enforced.

9. A foreigner yoga teacher teaches periodically or permanently in a yoga studio.

Answer: YES, this clearly involves work and a work permit is needed.

10. A foreigner plays music in a bar or restaurant to entertain guests

Answer: YES, this is work and work permit is needed. This is a job that could have been done by a local Thai.

Thailand Digital Nomad Visa Requirements

Many digital nomads may be disappointed with the requirements needed to be eligible for this visa. Thailand is being very selective about who can receive the visa in hopes of boosting the local economy with new business and innovative startups.

To be eligible for this visa, you must meet the following requirements:

• Valid Passport – Your passport must be valid for at least six months at the time of collecting the visa
• Earn $80,000/year – You must meet the income requirement for the last two years
• Health Insurance – You must have health insurance coverage of at least $50,000 in Thailand
• Work as a Remote Employee – You must work for at least three years at a publicly traded company or a company that generates at least $150 million in annual revenue
  • You may also qualify if you earned no less than $40,000/year for the last two years and hold a Master’s Degree if you fall under this category

OR

• $1 Million in Financial Assets – You may apply if you can prove your financial assets meet the minimum required amount
• Invest $500,000 in Thailand – You may invest in Thai government bonds, Thai property, or foreign direct investments

OR

• Retired with a $80,000/year Income – If you’re over the age of 50 and have a stable income like a pension, you can apply As you can see, there aren’t many requirements to be eligible for Thailand’s digital nomad visa. However, this visa is more directed towards wealthier investors, retirees, and employees.

Steps to Apply

To apply for the Thailand digital nomad visa, you will submit your application online but will also attend a visa appointment at a Thai embassy or consulate.

Please keep in mind that we recommend working with a professional immigration lawyer to verify your eligibility and the documents you must provide for the Thailand digital nomad visa.

As the visa is very selective of the applicants and only a few people meet the eligibility requirements, it’s important to verify that you meet the requirements.

Step 1: Gather Documents

Before submitting your application, it’s important to gather all of the necessary documents and digitize them.

Since there are multiple categories of eligible applicants, each category requires different documents. We will break them down below. You can always reference the official Thailand digital nomad visa website for the complete and updated lists of required documents here.

If you are eligible for the Work from Thailand category, you will need the following documents:

• Copy of Passport (including Thai entry stamps if applicable)
• Passport-Size Photo (3×4 cm)
• Curriculum Vitae (CV)
• Proof of previous employment in your related field for at least five years
• Master’s Degree (if applicable)
• Health Insurance Policy
• Proof of Employment
• Proof of Income from the Current Year
• Annual Personal Income Tax Return from the last two years
• Employment Certificate

For Wealthy Global Citizens holding financial assets of at least $1 million and investing at least $500,000 in Thai property, government bonds, or foreign direct investment, you will need the following documents:

• Copy of Passport (including Thai entry stamps if applicable)
• Passport-Size Photo (3×4 cm)
• Health Insurance Policy
• Annual Personal Tax Return from the Last Two Years
• Proof of Asset Ownership
• Employment Certificate
• Evidence of Investments

If you fall under the Wealthy Pensioner category and have a stable yearly income as a retiree, you will need the following documents:

• Copy of Passport (including Thai entry stamps if applicable)
• Passport-Size Photo (3×4 cm)
• Health Insurance Policy
• Proof of Income
• Employment Certificate
• Evidence of Investments (if applicable)

If you plan to bring dependents to Thailand with you, they will each need to provide the following documents:

• Copy of Passport (including Thai entry stamps if applicable)
• Passport-Size Photo (3×4 cm)
• Health Insurance Policy
• Evidence of Family Relationship (marriage certificate, birth certificate, etc.)
• Employment Certificate

Once you have collected and digitized all of your documents, you can move forward with the next step.

Step 2: Submit Application

You can submit your Thailand digital nomad visa application right online through the official website.

Within 20 days, you will receive an answer about whether your application and documents were approved.

Step 3: Attend Visa Appointment

Once your application and documents are approved, you have 60 days to attend an appointment at a Thai embassy or consulate abroad or Immigration Offices in Thailand to collect your visa.

You will be expected to pay a visa fee of 50,000 Thai baht per person, which is roughly $1,370 USD.

Step 4: Collect Your Digital Work Permit

For those working in or from Thailand, you will need to collect your Digital Work Permit at the Department of Employment One Stop Shop Center for Visa and Work Permits located in Bangkok.

You will need to pay a yearly fee of 3,000 Thai baht, or roughly $83 USD, to maintain this permit.

Conclusion

Most cases of Digital Nomads who stay in Thailand for a long time (say several months instead of several weeks) with the purpose of “work” can officially be viewed as doing work by authorities. This means, they actually need a work permit and are acting illegally if they work without a work permit.

The reason why the authorities have so far allowed this is because there was no main concern. Thai jobs or Thai security were not threatened. There were no problems or nobody reported it. This position of tolerance may change in the future, if there are problems or if Thai law is adjusted. Any inquires or any interpretation further, please let us know!