Fact-checked by Barrister Garn Tuntasatityanond, Barrister-at-Law and licensed Thai lawyer (Thailand Lawyer Licence No. 3417/2553), on 2 November 2026.
Key takeaways
- An ED visa and an unexpired permission to stay do not themselves authorise employment.
- Section 101 provides a fine and removal provisions, including a specific settlement-and-departure procedure.
- Detention, revocation of temporary stay and re-entry restrictions require separate legal analysis.
- Schools and other employers can face their own penalties; a promise to arrange documents later is not work authorisation.
What was reported in the Sriracha teacher case?
A Pattaya Mail report published on 2 November 2026 described an inspection by Chonburi Immigration and Sriracha Police at a language school inside Central Sriracha on 31 October 2026. A 39-year-old British man was accused of teaching without a work permit.
The report said his student-related permission to stay ran until 26 January 2027. Police reportedly said he admitted working without a permit and was handed over for legal proceedings. This is a reported allegation and police account, not a verified final judgment.
The report does not establish a subsequent court sentence, immigration detention order, revocation decision or re-entry ban. Nor does the reported expiry date support describing this as an overstay case.
Can you work part-time on a Thai student visa?
An education visa does not itself confer a right to take a part-time job. Do not import the student-work allowances of another country into Thailand. The official Thai government guidance on education visas states that part-time work is not permitted under the ED visa conditions.
Section 8 of the Emergency Decree on Managing the Work of Aliens B.E. 2560 (2017), as amended, prohibits working without a work permit or beyond the right to work recognised by the legislation. Section 59 sets out the ordinary work-permit route. A school contract or unused time on a stay stamp does not replace that authorisation. See the OCS consolidated decree, Sections 8 and 59.
Calling an activity a trial lesson, cash-in-hand tutoring or voluntary help does not decide its legal status. The actual activity, the person’s status and any applicable exemption must be examined. Academic placements and volunteer arrangements should not be treated as interchangeable with ordinary paid teaching.
What are the penalties for working without permission?
Section 101 prescribes a fine of THB 5,000–50,000 for a foreign national who contravenes Section 8. It also provides for prompt removal after payment, subject to statutory exceptions, including provisions relating to persons under Sections 63 and 63/1. Its first paragraph does not apply to victims or witnesses in human-trafficking cases. See OCS, Section 101.
Section 101 also contains a specific procedure where an accused foreign national agrees to leave Thailand. The inquiry officer proceeds with settlement of the fine under the prescribed criteria and notifies the Department of Employment. Under this route, the case is treated as terminated once departure has been implemented. Payment alone is not a new permission to stay or work.
A settlement by an authorised officer is different from a court judgment. It is therefore inaccurate to describe every case as a mandatory court conviction within 48 hours.
What should be checked after an arrest?
- The allegation and work evidence. Review the arrest record, permit status, contract, teaching timetable, payments and the work actually performed. Preserve relevant messages and documents.
- Understanding and representation. Obtain an interpreter where required and legal advice before giving a detailed account or signing documents that are not understood. Relevant safeguards include CPC Sections 7/1, 13 and 134/3–134/4.
- The applicable case procedure. Establish whether the Section 101 settlement-and-departure route is available or whether the matter will proceed through the courts. Do not assume the same route applies to every charge.
- The legal basis for custody. Identify the authority, reasons and available remedies for criminal-process custody separately from any immigration detention.
- Immigration decisions and travel arrangements. Obtain the actual orders, check deadlines and coordinate travel documents through the responsible authorities.
CPC Section 87 prohibits custody beyond what the circumstances require. Its 48-hour provision concerns bringing an arrested person before a court where the person has not been provisionally released and further custody is necessary for investigation or prosecution, subject to the statutory qualifications. It is not an instruction to keep everyone in a police cell for 48 hours or finish the trial within that period. See the OCS Criminal Procedure Code, Sections 7/1, 13, 87 and 134/3–134/4.
Is an ED visa automatically cancelled after an arrest?
Do not treat an arrest as proof that temporary permission to stay has already been revoked. Section 36 of the Immigration Act B.E. 2522 (1979) concerns revocation of temporary stay; Section 53 concerns residence permission. These provisions should not be substituted for one another.
Section 36 requires notification of the revocation order. Where the Director-General makes the order, the statutory appeal to the Immigration Commission has a short deadline: 48 hours from becoming aware of the order. The identity of the decision-maker and the order received matter. Obtain advice promptly rather than waiting until travel arrangements are complete.
Section 54 addresses removal where entry or stay is unauthorised, expired or revoked. Pending removal, it provides for measures including residence under conditions or detention. It does not justify a promise of release or a statement that every person must be held at Suan Phlu. See the OCS Immigration Act, Sections 36, 53 and 54.
Does unauthorised work mean a five-year re-entry ban?
The Sriracha report does not establish such a ban. Do not apply the overstay blacklist table directly to an unauthorised-work allegation. Removal, a restriction on future entry and eligibility for a future work permit are different questions.
A separate consequence appears in Section 64/1 of the work decree: ordinary work-permit eligibility is restricted for a person previously punished under Section 101, unless at least two years have elapsed after completion of the punishment before the application, subject to the statutory exceptions. This is a work-permit eligibility rule, not a two-year immigration entry ban. See OCS, Section 64/1.
What penalties can the school or employer face?
Section 9 prohibits employing a foreign national without the required permission or outside the legally permitted right to work. Section 102 provides the following penalties. See OCS, Sections 9 and 102.
| Employer offence | Statutory penalty |
|---|---|
| First offence under Section 102 | THB 10,000–100,000 per foreign worker. |
| Repeat offence | Up to one year’s imprisonment, or THB 50,000–200,000 per foreign worker, or both; plus a three-year prohibition on employing foreign workers from the final conviction. |
Where the employer is a legal entity, Section 132 addresses the personal responsibility of directors, managers or others responsible for its operations based on their instructions, actions or failure to perform a duty. Liability does not attach to every manager merely because of a job title. See OCS, Section 132.
A promise to arrange the papers later protects neither side. The teacher and the employer may face different legal consequences arising from the same employment.
What should teachers check before starting work?
Check immigration status, work authorisation, the school’s licence and the requirements for the actual teaching position. Non-B is a commonly used employment route, but Section 59 should not be rewritten as a rule that only one visa category can ever support work authorisation.
Professional teaching documentation also depends on the institution and role. The Department of Employment’s teacher/instructor checklist distinguishes instructors in non-formal schools from positions requiring professional teaching documents. Confirm the current requirements for the particular role; do not assume every language instructor needs identical Khurusapha documentation.
Before the first lesson, verify the effective authorisation rather than relying on a pending first application, an agent’s assurance or a school’s expected approval date.
Frequently asked questions
Can I teach if my Thai ED visa has not expired?
An unexpired permission to stay does not itself authorise teaching. You must have the required right to work and comply with the relevant immigration and professional conditions before starting.
Can I start while the school applies for my work permit?
Do not treat a first application as permission to begin work. Verify the authorisation actually in force before teaching; an employer’s promise of future approval is insufficient.
Can I return to teaching after paying the fine?
Payment does not legalise the work. Section 101 also contains removal and settlement-and-departure provisions, and future work-permit eligibility may be affected.
Will I automatically be banned from Thailand for five years?
No fixed five-year ban can be inferred from an unauthorised-work allegation alone. Check the applicable immigration law and any individual order separately from work-permit eligibility restrictions.
Can the employer take responsibility instead of the teacher?
Paying legal fees or assisting with expenses does not extinguish the teacher’s potential liability. The employer and the foreign worker may face separate offences and consequences.
Legal assistance for teachers and schools
Siam Center Law Group can review the allegation, employment records, work authorisation and immigration orders to advise on the next steps. Read about our immigration legal services in Thailand or contact the firm for a case-specific assessment.
General information reviewed on 2 November 2026. Outcomes depend on the evidence, current law, applicable exceptions and decisions of the competent authorities. The reported case is not presented as a final determination of guilt.
