Six Foreign Dive Instructors Arrested on Koh Tao Over Alleged Work Permit Violations
Six foreign diving instructors have been arrested on Koh Tao, Thailand, after immigration authorities alleged that they were working without the required work permits while holding Destination Thailand Visas.
The six instructors, one British national and five Spanish nationals, were detained during an enforcement operation on August 20 involving Surat Thani Immigration Police, Koh Tao Police and other government agencies.
According to Thai reporting, authorities inspected four businesses on the island following information concerning foreigners and migrant workers allegedly undertaking unauthorised employment. Two of the businesses inspected were involved in diving.
At the diving businesses, officers reportedly found the six foreign nationals working as diving instructors. Thai reports identified them by first name as Adam, a British national, and Xabier, Pablo, Paulina, Sandra and Nuria, all Spanish nationals.
Authorities allege that none of the six held the work authorisation required for the activities they were carrying out.
Instructors reportedly held DTV visas
All six instructors were reported to be holders of Thailand’s Destination Thailand Visa, commonly known as the DTV.
The DTV includes a workcation category intended for digital nomads, remote workers, foreign talent and freelancers. Official Thai Ministry of Foreign Affairs documentation for this category refers to foreign employment contracts or employment certificates and documentation relating to companies located outside Thailand. The visa also covers specified activities associated with Thailand’s soft power programmes.
Thai authorities allege that the instructors were instead working locally for diving businesses on Koh Tao without the necessary work permits.
The case highlights an important distinction for foreign dive professionals in Thailand: holding a visa that permits a person to remain in the country does not necessarily provide authorisation for every form of local employment.
Dive businesses also under investigation
Authorities have also reportedly taken action concerning the directors of the diving businesses in connection with allegations that foreign nationals were employed without the required work authorisation.
Investigators are also examining whether nominee ownership arrangements may have been used in connection with the businesses.
These allegations remain under investigation. There has been no reported finding that nominee arrangements were used, and the companies involved should not be considered to have committed wrongdoing unless that is established through the appropriate legal process.
The six instructors were transferred to Koh Tao Police Station for further legal proceedings, according to Thai reporting.
No reported conviction at this stage
There is currently no indication in the reports reviewed by Diventures that any of the six instructors has been convicted in connection with the allegations.
There has also been no reported allegation that the six lacked professional diving qualifications. The present case concerns their immigration and employment status rather than their diving certifications or professional training.
Their individual employment arrangements, the circumstances under which they began working on Koh Tao and any explanations or defences they may offer have not yet been established publicly.
The allegations therefore remain subject to investigation and the Thai legal process.
What the case means for foreign dive professionals
Koh Tao is internationally known as a major destination for recreational diving and diver training, attracting instructors, divemasters and students from around the world.
For foreign diving professionals considering working in Thailand, the arrests underline the importance of confirming not only immigration status but also whether their intended employment is permitted under Thai labour and immigration requirements.
A visa allowing residence in Thailand should not automatically be assumed to provide permission to work locally as a diving instructor.
Foreign professionals should confirm the appropriate employment authorisation before accepting paid diving work, while dive businesses employing foreign staff should ensure that their workers have documentation appropriate to the activities they perform.
Diventures will update this article if Thai authorities release further verified information about the case or if legal proceedings establish the outcome of the allegations.
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