Destination Thailand Visa and Visa Exemption with Work Permission issue

These initiatives aim to strengthen the country’s local economy and boost the tourism sector by attracting more international visitors, stimulating economic growth, and supporting local businesses and communities.

The four announcements included the introduction of a new visa type ‘Destination Thailand Visa (DTV)’, an extension of the free visa period from 30 days to 60 days for 93 nationalities, additional nationalities eligible for visas on arrival to be 31 nationalities, and introduction of a new student visa (ED-Plus) allowing undergraduate and higher-level students to stay for seeking employment in the country. 

Topics that I would like to discuss in this article are DTV and Visa Exemption which may related to working in the country. 

DTV aims to attract workcation-type individuals i.e., digital nomads, remote workers, freelancers, and those wishing to stay in Thailand for long periods. This visa also caters to foreigners interested in Thai soft power activities such as Muay Thai training, culinary programs, Sports training, and medical treatments. Additionally, spouses and children under 20 years old of DTV visa holders can apply for a dependent DTV visa.

The DTV visa can be applied for at a Thai Embassy or Consulate overseas and is valid for 5 years upon approval. The approved visa includes multiple re-entry permits to the country. DTV visa holders will be permitted to stay in the country for up to 180 days per entry and can be extended once in Thailand for an additional maximum of 180 days. 

These recent announcements are set to significantly benefit foreigners eligible for these visa measures by simplifying entry conditions and offering longer stays in Thailand. 

The introduction of the DTV is particularly groundbreaking for digital nomads and remote workers seeking extended stays while adhering to Thai immigration laws. Companies may also find these measures advantageous for their mobility strategies.

However, digital nomads, remote workers, and freelancers should consider ‘work’ according to the Foreigner’s Working Management Law (“the law”) which defines 'work' as “engaging in any occupation, regardless of whether there is an employer”. According to the law, if a foreigner comes to conduct an occupation in Thailand, it means ‘work’, and a work permit is normally required. However, if we consider the intent of the law, it is looking to protect the employment of Thai people by Thai employers especially while working remotely for an overseas employer as long as it is not competing with Thai people in certain areas.  According to the Ministry of Interior announcement, Digital nomads, remote workers, and freelancers who work for overseas employers can use this DTV visa to enter and stay in Thailand. However, as these measures have been recently implemented, some practices relating to these new measures are in development and may seem unclear and conflicting with past practices. The stance of the Department of Employment (“DOE”) regarding work permission for DTV visa holders is also yet to be clarified. The DOE should announce or issue the written regulation to be clear and secure in compliance with local law and make foreign individuals confident to come and work remotely in Thailand. 
 
Another issue to consider is working with overseas employers. It must not be any part of work, service, or activities related to any Thai company, or employer. 

For example, an overseas employer signs a service agreement with a Thai company and assigns the foreigner to provide the service in Thailand based on the agreement would not be considered remote work in this case.    

Another announcement of the Ministry of Interior on 15 July 2024 that needs to be discussed is extending the free visa period and increasing the purpose of travelling including tourism and short-term business activities. Visitors from 93 specified countries and territories will now benefit from an extended period of visa-free stay in Thailand for 60 days and can extend once for an additional period of up to 30 days. This new rule aims to make it easier and more attractive for tourists and short-term business travellers to visit Thailand.

Again, it is essential to exercise caution regarding the business activities conducted in Thailand, determining whether they fall under the definition of 'work' according to the Law. If they do, a work permit will be required. On the other hand, if the activities can be conducted without constituting work, this may allow the foreigner to operate without the need for a work permit. Therefore, assessing the nature of “short-term business activities” requires careful consideration on a case-by-case basis, as there are no specific regulations or announcements from the DOE. 

However, the DOE has issued an announcement clearly defining the types of work that fall under 'urgent or necessary work or specific work’ including organizing conferences, training, or seminars; conducting special academic lectures; temporary internal audits; quality inspection of products or goods; inspection or improvement of the production process; machinery installation, inspection, repairing, or consulting, etc. In case the visitors intend to engage in such activities they must inform the DOE by submitting the application and getting an Urgent work permit not exceeding 15 days initially before commencing work and a possible extension of another 15 days, totalling 30 days.

Hence, the foreigners should determine whether their activities can be conducted without a work permit, require notification to the DOE under 'urgent or necessary work or specific work', or require a regular work permit under 'work'.
 
Nonetheless, it is important to note that although a visa exemption is for 60 days with an Urgent work permit maximum of only 30 days, the DOE still does not issue or change the current law and rules.