# Employment: What are the true facts?



## hmedinger (Aug 29, 2012)

I am a USA citizen, engaged to marry a girl from Udon Thani. We plan to marry in the USA, spend 1/2 half of the year here, and 1/2 in Thailand, where she has a home and child, along with parents and rubber tree plantation. I am only 58 years old, not able to quit working. I can work in the USA and make good money, but I also wish to work with new wife and raise rubber trees, increasing the size of plantation. I have heard that I am not allowed to do any kind of work, for my own benefit, or even free for charity without getting in a lot of trouble. This is very hard for me to understand. If we are married, why does the law forbid me to work? Is one year visa the only option? I wish to build another home in Thailand live there forever, spending 6 months in each country. Am I mis-understanding? Does anyone know the true answer? And advice?

Thank you for any reply.

Howard


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## joseph44 (May 4, 2011)

Nobody knows the real true answer, but I'll try to get as close as possible:
- Thailand allows you to work; YOU have to take care of a work-permit
- farming (the regular way) is probably on the list of occupations that can't be done by foreigners
- you could have a long-term via (non-immigrant O-A based on your marriage
- this visa can be extended on a yearly base, BUT you have to be in Thailand for this extension
- otherwise you have to apply every year (or in your case every 6 months) for a new entry possibility
That's official!!

Not official: nobody will be bothered if you grow a rubber-plantation unless you are getting more successful than your neighbors.


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## Song_Si (Jun 11, 2010)

> nobody will be bothered if you grow a rubber-plantation unless you are getting more successful than your neighbors



just my experiences

I've worked on my partner's inherited farmland, Sa Kaeo, and we lived there for one year. 

Fairly early-on I had a visit from a policeman in regard to my work - I was clearing an area of land, mature trees, vines (snakes and scorpions too). Someone must have called them about me working - it was on my partner's mother's property nearby; as they are considered wealthy by local standards - they are the '_big_' family (in a very small pond!) just takes one spiteful person. My explanation was that I was helping the old woman (widow) for no payment, and that the tree trunks were being gifted to several locals (who had conveniently turned up to ask as soon as I started, but without offering to help). Small stuff - but i guess that's all it takes. 

I've worked alongside teams of both local and Cambodian farm labourers since without bother, and continue to do so when we're there. Maybe that first instance was because I was 'new' in an area with very few foreigners. Make friends. I hired a team of senior high school boys to clear up after the eucs were harvested and cut firebreaks before burning off the land - hilarious fun on both sides - paid them adult rates and fed/watered too.

It's the little things that can niggle; I painted the main house when I was there - again had someone turn up in the first week offering to do it for me - paid of course . . . but money was not the issue, i was happy to do it, kept me occupied for a month, and mainly i wanted a good job done - not a 'one day three men with rollers two coats of cheapest paint available'. 
Again I was in the wrong here - i was doing work that 'could have been done by a Thai national'

Farming is top of the list of *Restricted occupations for foreigners*



> Prescribing works relating to occupation and profession in which an alien is prohibited to engage
> ------------------------------------------
> 1 Manual work;
> 2 Work in agriculture, animal husbandry, forestry or fishery excluding specialized work in each particular branch or farm of supervision:


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## rapidasia (Aug 30, 2012)

If you think you are going to come to Thailand and just find a job... not likely depending on what your profession is. If you are just looking for a way to manage your visa then that is a different matter. 

Working is very restricted here - the key to the restricted occupations is whether or not you might take a job away from someone else. Enforcement of you just doing some physical work is typically based on things like you describe - someone complained, or a busy body is just looking for an excuse to irritate you. What you do, and what is documented are two separate issues. However agriculture, and rubber in particular, are sensitive areas to Thais - keeping a low profile regarding the plantation might be a good idea, and keep up the community activities.

If your income from working 6 months in the US will cover the 6 months in Thailand then you might be good to go - but earning money in Thailand is not as straight forward as you might want it to be. 

You're only going to get a work permit from a corporation (or international school) hiring you to do a specialized job. Creating your own corporation (with or without your wife) might be an idea if you have some funds to invest, put in the bank, and you create something 'real'. A Thailand Board of Investment (BOT) approved corporation would make things easier - but again it has to be real. The days of hiring a Thai nominee to circumvent the rules - are probably a thing of the past. I don't think foreign-owned corporations can do agriculture however.

Marriage Visa - a non-immigrant visa from a Thai embassy/consulate outside of Thailand is good for 90 days, and then can be extended for up to one year. But now a bit more strict about that - you have to show income coming into Thailand - bank transfer etc, it used to be a notarized letter from a US consulate was enough to prove income, not anymore (in my experience). For six months here, and six months away the extension process might not be worth the effort- but you could try it out and then get a re-entry permit to come back. (once you have a non-immigrant visa be sure to get re-entry permits before you leave, I've seen several teachers here in immigration shocked that they messed up their visa status by taking a long weekend trip to Laos.

If you have some money to put in the bank you might think about a retirement visa -- the US IRS isn't going to report your income to the Thai gov't. 

Like most things in Thailand, being creative helps.


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## cooked (Jan 30, 2011)

Just to straighten things a bit: you can get a work permit with an extension based on marriage, but not on one based on retirement. Both extension methods have their own advantages. If for example, you find yourself suddenly UNmarried one day (divorce and death can happen quickly here) you have, theoretically, 7 days to leave!


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## rapidasia (Aug 30, 2012)

cooked said:


> Just to straighten things a bit: you can get a work permit with an extension based on marriage, but not on one based on retirement...


that should read non-immigrant Visa, not work permit. 

To show your marriage in Thailand you'll need to get a document from the local Amphur gov't office - they'll give you a cute certificate to show immigration etc.

There are restrictions about Thai wives married to foreigners buying land etc, so if you're thinking of expanding the plantation at least be aware of that. Things will go smoother if on the Thai marriage certificate your wife keeps her Thai name so that her identity in Thailand is all in Thai... like all things here enforcement is a moving target and a lot of expats would say... naah you don't have to worry about that... but if you already had a policeman ask you why you were working, you will need to guard against the worst case. After the last coop and at the height of anti-foreigner sentiment a regulation was put into affect requiring the Land Registration department to investigate where the money came from when women married to foreigners bought land... not sure anyone ever actually investigated, but the rule is there nonetheless... they are focused on anti-money laundering so you might want to expect issues tied to that.


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## hmedinger (Aug 29, 2012)

*Thank you for your replies!*

I appreciate everyone who answered my question. I am still unsure what to do, but I guess a will learn by reading this forum frequently!


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