Thai authorities have arrested six British and Spanish dive instructors accused of working without permits, highlighting the distinction between holding a valid visa and being authorised to work in Thailand.
Surat Thani Immigration Police said the six were using Destination Thailand Visas (DTVs), intended for remote work, but had been teaching diving at businesses on the island without authorisation.
Six foreign dive instructors have been arrested on Koh Tao after Thai immigration authorities alleged that they were teaching diving without the required work permits. The arrests formed part of a wider inspection of foreign employment and tourism businesses on the popular diving island.
The operation took place on 20 August and involved Surat Thani Immigration, Koh Tao Police and several other government agencies. According to Thai news reports, officers inspected two diving businesses and arrested one British and five Spanish nationals who were allegedly working as instructors.
All six reportedly held Destination Thailand Visas (DTVs), but authorities allege that these did not authorise them to take paid employment as instructors at Thai dive businesses. The six have been transferred to Koh Tao Police Station for continued legal proceedings. No convictions have been reported, and the allegations remain to be determined through the Thai legal process.
Visa does not necessarily mean permission to work
The case is particularly relevant to the international dive community because Koh Tao has long attracted instructors from around the world.
A central issue is the distinction between permission to remain in Thailand and permission to work there. Whatever a foreign professional's diving qualifications or immigration status, Thai employment rules still apply to work undertaken in the country.
Thailand's Department of Employment states that foreigners working without a work permit, or beyond the work they are authorised to undertake, can face fines of 5,000–50,000 baht, repatriation and a two-year prohibition on applying for another work permit. Employers hiring foreigners without the necessary authorisation can face substantially larger penalties.
The reporting has not suggested that the six arrested instructors lacked professional diving qualifications. The case concerns their alleged employment status rather than their competence as instructors.
Part of a wider crackdown
The arrests do not appear to be an isolated action against six individuals.
Two days earlier, Thailand's Department of Business Development reported inspections of 12 tourism businesses on Koh Tao as part of an investigation into foreign involvement and suspected nominee arrangements. Two businesses were found to be in breach of regulations, including one involved in diving instruction.
Authorities have also said that 47 foreign nationals were arrested on Koh Tao between 1 January and 19 August for a range of alleged offences involving employment and immigration laws, drugs and other matters.
Officials said that directors of the businesses employing the six instructors would also face action, while financial transactions are to be examined to determine whether nominee arrangements were being used.
A note for travelling dive professionals
Koh Tao's large and highly international dive industry makes the case especially notable. Foreign instructors are commonplace at dive destinations worldwide, but employment and immigration requirements vary considerably between countries.
For instructors considering seasonal or longer-term work overseas, the arrests remind us that a visa allowing entry or extended residence should not automatically be interpreted as permission to work locally. The relevant employment authorisation needs to be established separately.
