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jacobjm1

coworking spaces asking for passport?

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2 hours ago, FritsSikkink said:

Because immigration has nothing to do with it, the labour office has.

Immigration do, because working without permission breaks immigration law.

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5 hours ago, FritsSikkink said:

Nonsense, freelance work isn't allowed officially.

I was commenting specifically to the OP. I know freelance work isn't allowed. Exploring business and academic opportunities would not need permission. A freelance worker is working at a business in one way or another. They are working for their own business or for someone else's. The OP isn't.

 

On 11/14/2017 at 6:29 AM, jacobjm1 said:

exploring what business and academic opportunities I want to jumpstart when I get back to the U.S

 

 

Edited by elviajero
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Is it normal? - no ideation - whatever that means!

I'm curious to know how long you have been here as you mention annual check ups - plural?

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On 11/14/2017 at 1:36 PM, lopburi3 said:

Work is not legal without a work permit and work does not require payment to be considered work.  You seem to be running in a gray area and the fact you are calling it a co-working space does not bode well for not working claims.  As to how normal this passport request may or may not be have no knowledge.

 

Further, the so called 'co-working space' concept has some 'baggage' in Thailand (and perhaps other countries). 

 

There have been previous threads where foreign 'co-workers' claim that it's legal to work if your in a so called 'co-work' space / set-up, etc. That's absolutely not true / there are no such laws making it legal. 

Your post seems to indicate that your aware of the need for a work permit to work in Thailand, 'co-working' does not provide any form of exemption from the work permit needs. 

 

Even if your activity is not connected in any way to Thailand, perhaps better to do your research in a different and private location.

 

If there is a raid on the 'so called 'co-work' location, your activity could quite possibly make you a target for further investigation and even detention whilst it's all checked, and perhaps quite difficult to convince the officials that what your doing is not ultimately connected to reward / profit. etc.

 

Don't get yourself involved with arguing with immigration / police officers. Don't put yourself at risk.

 

Good luck with your future studies and business activities in the US.

 

Edited by scorecard
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5 hours ago, JLCrab said:

The definition of work under the Alien Working Act (2008) in Thailand is:

 

Section 5. "Work" means engaging in work by exerting energy or using knowledge whether or not in consideration of wages or other benefits;

 

The reason the definition is so vague is so that, maybe, if they want to charge someone with working illegally, it would really be impossible for that person to claim that what they were doing could not be considered 'work' under the Act because just about anything could be considered 'work' under the Act.

<removed>

 

The Alien Working (Employment) Act ONLY governs the employment of foreigners. If an EMPLOYER employs an EMPLOYEE they both have to abide by the rules in that act. The OP is not being employed by anyone, therefore the act doesn't apply.

 

The reason the definition of work exists in within the Employment Act is to stop an EMPLOYER from avoiding WP regulation by claiming the EMPLOYEE is unpaid or a volunteer or appointed as a door stop. The EMPLOYEE must have a specific job and place of work.
 
All foreigners are prevented from working by section 37.1 for the Immigration Act.

"Shall not engage in the occupation ... unless authorized". That stops Digital Nomads, remote workers, the bloke that wants to have a stall in the market etc. Basically no one can carry out their occupation (job of work, means of earning a living, business) without permission, which won't be given.
 
"Shall not engage in ... employment unless authorized" That authorisation (permission) comes from the labour office and is usually in the form of a WP, and is governed by the Alien Working (Employment) Act as specified in the Immigration Act. "If , in any case , there is a law concerning alien employment provided hereafter , the granting of work privileges must comply with the law concerned."  The law concerned being the Alien Working Act.

 

Edited by ubonjoe
inflammatory comment removed
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I'd like to add re building a boat, doing your own maintenance etc that it has been quoted in multiple threads by multiple Thai officials that that action is not considered 'work' as far as the legislation (and they) are concerned. You can build a house if you want to.  Just don't build it on spec for planned sale. Same as the boat building guys found out.

My personal view is that if something can be reasonably construed to be normal everyday domestic work or a hobby then you have nothing to worry about.

You can garden and grow your own veggies, but start selling them and you are farming which is forbidden for non Thais.

You can build or repair a computer but start doing this for (for example) non family members and it may be construed as a business and may attract unwanted attention.

To some extent I think the posters who mention the 'slighted Thai' who may dob you in are not that familiar with ordinary Thai people. Most Thais I know do not even know a work permit for foreigners even exists or is required.

 

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I think is time to get this topic back on topic. The OP asked about providing a copy of his passport a coworking space. That was answered many posts ago.

The topic has turned into a back and forth discussion about what is working and what is not working. Time to end it.

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2 hours ago, lopburi3 said:

The definition was provided by JLCrab a few posts above -

 

Which mean is can be open to judgement - your cleaning house (which is likely not your house but in name of Thai) could be considered depriving a Thai of employment.  As said this seldom happens in such cases but it is always available to someone with a grudge, even if in the end a judge throws it out.

The definition was quoted out of context.

 

There is absolutely no way anyone could ever get prosecuted for cleaning their own home, whether they own it or not! Cleaning someone else home, maybe, but even then they'd have to be employed, therefore under the Alien Working Act law, or be some kind of self employed cleaner. In the later case immigration would almost certainly have to prove that there was some form a remuneration to demonstrate the work was their occupation.

Edited by elviajero
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18 minutes ago, ubonjoe said:

I think is time to get this topic back on topic. The OP asked about providing a copy of his passport a coworking space. That was answered many posts ago.

The topic has turned into a back and forth discussion about what is working and what is not working. Time to end it.

And now a post has been removed that was done to continue the bickering.

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29 minutes ago, scorecard said:

If there is a raid on the 'so called 'co-work' location, your activity could quite possibly make you a target for further investigation and even detention whilst it's all checked, and perhaps quite difficult to convince the officials that what your doing is not ultimately connected to reward / profit. etc.

 

There has only ever been one raid on a co-working space (up in Chiang Mai a few years ago). There were a number of digital nomads there at the time. It is widely considered to have been a mistake, and no one was ever charged with an offense.

 

All kinds of oddball circumstances could make you the target of a police raid. A bunch of geriatric bridge players were arrested in a raid on their weekly duplicate in Pattaya a year or two ago. It appears their use of more than 104 playing cards at one time was the only crime worth pursuing in that otherwise well known crime free city.

 

There is no way I would avoid using Internet WiFi outside my home on the infinitesimally small chance that some deranged local cop might decide to raid the establishment where I was doing so.

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1 hour ago, ubonjoe said:

I think is time to get this topic back on topic. The OP asked about providing a copy of his passport a coworking space. That was answered many posts ago.

The topic has turned into a back and forth discussion about what is working and what is not working. Time to end it.

 

42 minutes ago, ubonjoe said:

And now a post has been removed that was done to continue the bickering.

And now off topic baiting and bickering posts.

Edit: No more notices. Posts will be removed without it.

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OP, the request for a copy of your passport seems normal. try applying for a discount card anywhere and the person behind the desk will surely ask some form of identification. just as another poster said, ask them what it's for and if you don't like what you hear then walk away. if you do decide to furnish them a copy, don't forget to mark across the copy and write to whom you're giving it to and for what purpose. just so they can't use that copy for anything else.

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this thread was funny. what was a simple question from a tourist using a coworking space to look for work back home and being asked by said coworking space for his passport details and was this normal. "yes, it's fine" would have been suffice but nope!! the same old what constitutes work arguments by the same people with the same arguments. gotta laugh boys 555

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30 minutes ago, Happy enough said:

this thread was funny. what was a simple question from a tourist using a coworking space to look for work back home and being asked by said coworking space for his passport details and was this normal. "yes, it's fine" would have been suffice but nope!! the same old what constitutes work arguments by the same people with the same arguments. gotta laugh boys 555

See post above, I was the one who posted 'if you're not happy with the reason walk away'.

If he asked and was given the answer 'because Imm' has asked for them' then I would change my post to 'walk away, quickly'

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48 minutes ago, overherebc said:

See post above, I was the one who posted 'if you're not happy with the reason walk away'.

If he asked and was given the answer 'because Imm' has asked for them' then I would change my post to 'walk away, quickly'

wasn't really talking about that mate, was talking about all the many other posts and opinions on what is deemed working here or not that came after. it always comes up and it's always the same is what i was saying. i just find it funny when it happens. and it happens alot 555

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