Thai Visas: What Does "Employment Prohibited" Mean?

[CrazyExpat]

Thailand Immigration can be a confusing maze of seeming incongruous rules, regulations, and instructions. The layperson often first comes into contact with the Thai Immigration system during the visa application

process. Assuming the visa is approved, the applicant will receive a visa stamp in their passport. Often there are many stamps and the different notations can cause confusion.

For example, some visas to Thailand are stamped with a notation which states: "Employment Prohibited." Dismay is had because the visa holder believes this means that they cannot receive employment authorization at any time. In reality, this simply means that employment is not authorized based solely upon this travel document

. The Thai authorities have split the right to work from the right to reside in Thailand. Much like a US business visa (B1), the bearer is only allowed to travel and enter the country for business related reasons which do not constitute employment in the USA. This same issue is often experienced by those in Thailand on a Thai business visa. Many labor under the incorrect belief that a Thai business visa entitles the bearer to work authorization in the Kingdom of Thailand. As a matter of fact, a Thai work permit is the only document that permits a foreign national to engage in employment in the Kingdom. Even with a work permit, one's employment must be within the scope of activities listed in the permit. That being said, a Thai business visa with an "Employment Prohibited" notation could still be utilized as a basis for a work permit application provided all of the other legal requirements are met.

Another common notation that throws some would-be expats off guard is the one which states: "Extension of Stay Not Permitted." This is a truly disconcerting notation because many believe that it is impossible to extend their visa past the initial validity. This is not the case. Instead, this phrase should really read: "Extension of Stay is not allowed without re-authorization." One may extend a Thai business visa, but it is not a matter of right. Instead, an entirely new extension application must be submitted and approved before one will be permitted to remain in lawful status past the visa's expiration. This seems to be intended as a notation to be used internally by Thai government officers employed at either the Royal Thai immigration Police, the Thai Ministry of Foreign Affairs, or the Thai Ministry of Labour. Many foreigners are relieved to know that these notations rarely have a detrimental impact upon their long term plans.

Thailand's Immigration regulations are always changing. Thus, detailed research might be required in order to ultimately acquire a valid visa. If possible, contact a legal professional for more information.)

Ben Hart

Benjamin Hart is an attorney in the USA and the Managing Director of Integrity Legal (Thailand) Co. Ltd. For more information, please contact 1-877-231-7533, +66 (0)2-266-3698, or info@integrity-legal.com. See more on the internet at Thai visa or Thai business visa.

http://www.articlesbase.com/law-articles/thai-visas-what-does-employment-prohibited-mean-1577144.html

[Thaimo]

Actually, it's not much of a problem. If you seek employment, but are in Thailand on the wrong kind of visa, the immigration authorities are usually happy to change your visa from your current one to the kind you need, for a fee of course. I know this to be true because I have personally gone to immigration with people a few times when they needed to do that and there was no problem at all as long as they had the required documentation and paid the fees.

[Thaifan]

"I know this to be true because I have personally gone to immigration with people a few times when they needed to do that and there was no problem at all as long as they had the required documentation and paid the fees."

Useful information as I have been told i need to go to Singapore to change my visa 'type'. I am currently on an O-A Visa and now want to apply for a work permit.

[Thaimo]

Useful information as I have been told i need to go to Singapore to change my visa 'type'. I am currently on an O-A Visa and now want to apply for a work permit.

Also, if you get rejected at one immigration office, try another before heading off to Singapore. Some of these offices have a tendency to make up their own rules.

[Thaifan]

Also, if you get rejected at one immigration office, try another before heading off to Singapore. Some of these offices have a tendency to make up their own rules.

Thanks a lot!!

I think I will go to Pattya office as they will be more used to dealing with Farang. I normally go to Sri Racha where they don't get many. I will let you know how i get on

Thanks again!!!

[Thaimo]

they will be more used to dealing with Farang. I normally go to Sri Racha where they don't get many.

Am I missing something? If the immigration office isn't getting farang, then who are they getting?

[lvdkeyes]

I wondered the same thing.

[Thaifan]

Am I missing something? If the immigration office isn't getting farang, then who are they getting?

Sorry!! I meant western farang. In Sri Racha they are mainly Cambodian or Laos visitors it is rare to see another westerner there but I am sure Pattaya is a much larger proportion of Western Immigrants! I also think the Officers in Pattaya will speak better English.

[Thaifan]

Actually, it's not much of a problem. If you seek employment, but are in Thailand on the wrong kind of visa, the immigration authorities are usually happy to change your visa from your current one to the kind you need, for a fee of course. I know this to be true because I have personally gone to immigration with people a few times when they needed to do that and there was no problem at all as long as they had the required documentation and paid the fees.

Thanks for your useful advice but after consulting several Immigration Offices I accept their recommendation not to take up work. They advise that even if I get a change of visa the chances of then returning to a retirement visa may be jeopardised. When I stop working and wish to renew my Retirement Visa it may be refused because i have already demonstrated that I haven't really retired. I cannot take this risk as Thailand is now my only home.

Thanks again

[Thaimo]

Thanks for your useful advice but after consulting several Immigration Offices I accept their recommendation not to take up work.

I'm surprised to see that. For what it's worth, a friend of mine entered Thailand, got his retirement visa, and then got a teaching job. The school arranged his work permit and helped him through the visa change. After several months things went wrong and he left the job. I personally took him to the work permit office in Chonburi to turn in his work permit. After that, he had no problem at all getting another retirement visa at the Pattaya immigration office.

The problem is that one office tells people one thing and another tells people something different. That leaves you stuck with trying to decide which office is giving the accurate information. If you really want to work, then since wherever you checked is telling you something entirely different from what I witnessed with my own eyes, then the only alternative I can think of would be to consult a good Thai attorney.

I'm with you, though. If you come to Thailand to retire, then retire. If one is financially forced to work in Thailand, then you really were not ready for retirement. If one wants to work merely to have something to do, then I think it is best to find something to occupy time that does not require a work permit or visa change.

I would not recommend trying to work without a definite, reliable answer to what happens regarding the retirement visa if you either choose to stop working or are terminated. There is no way I would recommend doing things on an "I hope it will all work out" basis. You need answers, answers you can be certain are reliable. Finding those kinds of answers is the true challenge.

[Bob]

I'm surprised to see that. For what it's worth, a friend of mine entered Thailand, got his retirement visa, and then got a teaching job. The school arranged his work permit and helped him through the visa change. After several months things went wrong and he left the job. I personally took him to the work permit office in Chonburi to turn in his work permit. After that, he had no problem at all getting another retirement visa at the Pattaya immigration office.

I'd bet lunch that his one-year visa (often called the "retirement" visa) was cancelled when he got his work permit - as you're not allowed to work under that one-year visa and I believe that prohibition is included right in the body of that visa (it sure is on mine).

I'm no expert in the matter in any regard but I see no reason that one can't get the one-year visa so long as you meet the requirements (at least 50 years of age and have the requisite income or Thai bank balance). And none of the requirements of getting the visa is that anybody is officially "retired" [although I know that many call this visa a "retirement" visa and apparently some of the visas actually have the "retirement" words in the body of the visa itself (although mine doesn't). Some of this is just rhetoric, of course, as most people who obtain a one-year visa and are living here without working (officially, anyway) are effectively retired in any event.

[Thaimo]

I'd bet lunch that his one-year visa (often called the "retirement" visa) was cancelled when he got his work permit

Yes, that is correct. I'm sorry if I was not clear about that. The point I am trying to make is that he had no problem at all about getting another retirement visa after turning in his work permit. He had approval for a new retirement visa within minutes at the Pattaya immigration office. He did not have to leave the country or suffer any other inconveniences.