I want to get business Visa but not work permit. Is it possible?

[lubfishin]

Greetings expats. My girlfriend and I want to start a business. I will put up half the money and be 49% owner. However I will not be active in the business I will not work or participate in any activity in the business. Therefore I'm hoping my logic is correct that I will not need a work permit. The type of business does not require four employed Thai workers. My girlfriend can do everything herself.

 

So if we form and Company and I am 49% ownership can I then get a business Visa and that's it? Or by being an investor of the company am I required to proceed with getting a work permits even though I will not work at all?

[ubonjoe]

To get a non-b visa for business purposes it normally requires you to be working for company outside of Thailand and having business contact here.

Requirement are here: http://www.mfa.go.th/main/en/services/4908/15388-Non-Immigrant-Visa-"B"-(for-Business-and.html

There is no extension of stay for doing business that you can apply for at immigration. They can only be applied for based upon working for a company and that requires having a work permit.

[KamnanT]

As a passive investor (no management activity or signing of business documents in Thailand), you wouldn’t even require a business (Non-Imm “B”) visa, although I’m guessing it’s the annual extensions of stay for work that are your real objective.  As Ubonjoe points out, you won’t get those unless you have a work permit.

[elviajero]

5 hours ago, lubfishin said:

So if we form and Company and I am 49% ownership can I then get a business Visa and that's it? Or by being an investor of the company am I required to proceed with getting a work permits even though I will not work at all?

You could become a Director (non executive) that would qualify you to get a Non-immigrant ‘B’ visa. You can be a Director without a work permit as long as you’re not involved in the day to day running.

 

Being an investor is not a job (work) and doesn’t qualify for getting a work permit.

Edited January 11, 2018 by elviajero

[lubfishin]

2 hours ago, elviajero said:

You could become a Director (non executive) that would qualify you to get a Non-immigrant ‘B’ visa. You can be a Director without a work permit as long as you’re not involved in the day to day running.

 

Being an investor is not a job (work) and doesn’t qualify for getting a work permit.

If this is the case then it is exactly what I am wanting to do......

[dpdp]

11 hours ago, elviajero said:

You could become a Director (non executive) that would qualify you to get a Non-immigrant ‘B’ visa. You can be a Director without a work permit as long as you’re not involved in the day to day running.

 

Being an investor is not a job (work) and doesn’t qualify for getting a work permit.

 

How to be a director and get a non B ?

 

Thank you.

 

 

[elviajero]

8 hours ago, lubfishin said:

If this is the case then it is exactly what I am wanting to do......

 

31 minutes ago, dpdp said:

How to be a director and get a non B ?

 

Thank you.

 

The company register you as a director of the company. Once you are a director you can apply for a non 'B' visa for the purpose of 'conducting business'. The documents you will need to provide the Embassy/Consulate varies, but evidence that you are the director will be the main requirement to meet the reason for your need to visit. It's possible to get a 1 year multiple entry visa.

[dpdp]

33 minutes ago, elviajero said:

 

 

The company register you as a director of the company. Once you are a director you can apply for a non 'B' visa for the purpose of 'conducting business'. The documents you will need to provide the Embassy/Consulate varies, but evidence that you are the director will be the main requirement to meet the reason for your need to visit. It's possible to get a 1 year multiple entry visa.

 

Thank you !

 

 

[ubonjoe]

2 hours ago, elviajero said:

The company register you as a director of the company. Once you are a director you can apply for a non 'B' visa for the purpose of 'conducting business'. The documents you will need to provide the Embassy/Consulate varies, but evidence that you are the director will be the main requirement to meet the reason for your need to visit. It's possible to get a 1 year multiple entry visa.

Can you suggest where to get one. I have not seen any reports of anybody getting one as director for several years. It has gotten very hard to get a single entry non-b visa for business purposes in recent years much less a multiple entry visa.

[midas]

15 years ago getting a B Visa seemed as easy as getting a tourist Visa today

[pearciderman]

2 hours ago, elviajero said:

 

 

The company register you as a director of the company. Once you are a director you can apply for a non 'B' visa for the purpose of 'conducting business'. The documents you will need to provide the Embassy/Consulate varies, but evidence that you are the director will be the main requirement to meet the reason for your need to visit. It's possible to get a 1 year multiple entry visa.

 

Not without a WP he won't.

[lubfishin]

Ohhhhh why does it have to be so complicated. I have reached out to three attorneys and gotten three different answers also. But they all want money with no guarantee haha I'm not that stupid

[dpdp]

53 minutes ago, lubfishin said:

Ohhhhh why does it have to be so complicated. I have reached out to three attorneys and gotten three different answers also. But they all want money with no guarantee haha I'm not that stupid

 

I understand them, sorry but it seems easy to understand that you start from far...

 

 

[elviajero]

8 hours ago, ubonjoe said:

Can you suggest where to get one. I have not seen any reports of anybody getting one as director for several years. It has gotten very hard to get a single entry non-b visa for business purposes in recent years much less a multiple entry visa.

London.

 

Category "B"

To conduct business, to work, to study teaching course, to work as an English teacher, to take scuba diving or boxing lessons, to work as a sport coach, to do an internship, to work as a film-producer, journalist or reporter for a short period.

 

Read my post again. You get one for "conducting business". Being the non-executive director of a company in Thailand is the reason/justification for needing the visa to regularly visit Thailand.

 

London have not, as far as I know, stopped issuing ME visas.

Edited January 12, 2018 by elviajero

[elviajero]

8 hours ago, pearciderman said:

Not without a WP he won't.

• You don't need (in most cases) a WP to get a Non 'B' visa.
• You don't need a WP to be a director of a company.
• You don't need a WP to "conduct business".

[ubonjoe]

6 minutes ago, elviajero said:

Read my post again. You get one for "conducting business". Being the non-executive director of a company in Thailand is the reason/justification for needing the visa to regularly visit Thailand.

This from the same page you quoted under the requirements for a non-b visa.

Quote

• Letter from a company stating the objective of the visit to Thailand
• Document showing correspondence with trading partners in Thailand.

Every thing else is for working for a company.

They do issue multiple entry visas but a non-b one is difficult to get.

[elviajero]

35 minutes ago, ubonjoe said:

This from the same page you quoted under the requirements for a non-b visa.

Every thing else is for working for a company.

They do issue multiple entry visas but a non-b one is difficult to get.

In order to get a Non ‘B’ for ‘conducting business’ you have to evidence that there is a business relationship with the Thai company, and a reason for the visit/s. There can be no better justification, or easier reason to evidence, than being a director of the company.

 

One of my employees got a ME Non ‘B’ visa from London last year as the employee of my UK company needing to visit my Thai company.

 

If the OP doesn’t have a business relationship then becoming a director of the Thai company is all that would be needed to justify the need to visit the Thai company, therefore, qualify for a ME Non ‘B’ to conduct business.

[edwardandtubs]

2 hours ago, elviajero said:

In order to get a Non ‘B’ for ‘conducting business’ you have to evidence that there is a business relationship with the Thai company, and a reason for the visit/s. There can be no better justification, or easier reason to evidence, than being a director of the company.

 

One of my employees got a ME Non ‘B’ visa from London last year as the employee of my UK company needing to visit my Thai company.

 

If the OP doesn’t have a business relationship then becoming a director of the Thai company is all that would be needed to justify the need to visit the Thai company, therefore, qualify for a ME Non ‘B’ to conduct business.

If it's that easy why isn't everyone doing it? Just register some company with some random Thai woman you met on Tinder and appoint yourself director. 

[hansened]

11 hours ago, pearciderman said:

 

Not without a WP he won't.

 

[hansened]

I would guess that having a B visa or Non B visa means your in a business here; this requiring a work permit. How can be doing business and not working. Sounds iffy if caught without a work permit- IMO. I'd personally would keep the "O"- 1 yrs visa separate from any company dealings even if your not working; but a partner. 

MY COMPANY'S were created only for   owning property,shop houses stays separate from me being involved at all ; ie. getting any B visa's. 

 

 

[elviajero]

17 minutes ago, edwardandtubs said:

If it's that easy why isn't everyone doing it? Just register some company with some random Thai woman you met on Tinder and appoint yourself director. 

Because what you suggest would be stupid.

[edwardandtubs]

10 minutes ago, elviajero said:

Because what you suggest would be stupid.

It was obviously intended as a humorous example. You're ignoring the main point though. What you're saying is anyone could set up a company with his girlfriend, appoint himself director and get a nice easy visa.

[hansened]

6 minutes ago, edwardandtubs said:

It was obviously intended as a humorous example. You're ignoring the main point though. What you're saying is anyone could set up a company with his girlfriend, appoint himself director and get a nice easy visa.

setting up a company,; persons, paperwork etc and cost is far more troublesome than going in/out every xx months for a visa. 

 

 

[elviajero]

39 minutes ago, edwardandtubs said:

It was obviously intended as a humorous example. You're ignoring the main point though. What you're saying is anyone could set up a company with his girlfriend, appoint himself director and get a nice easy visa.

Of course they could, but why would anyone do that! 

 

Sensible people don’t set up companies just to get a visa. 

[edwardandtubs]

40 minutes ago, elviajero said:

Of course they could, but why would anyone do that! 

 

Sensible people don’t set up companies just to get a visa. 

Because it's quicker and easier to set up a company than keep flying in and out of the country every 3 months.

Edited January 12, 2018 by edwardandtubs

[elviajero]

46 minutes ago, edwardandtubs said:

Because it's quicker and easier to set up a company than keep flying in and out of the country every 3 months.

We are discussing a ME visa that would require the holder to leave every 3 months.

 

If someone wants a 1 year permit to stay (no border runs), as a director, they would need to have a job within the company and a WP.

 

I doubt you’ve much experience of setting up a company that’s employing a foreigner if you believe it’s quick and easy.

[BritTim]

1 hour ago, edwardandtubs said:

Because it's quicker and easier to set up a company than keep flying in and out of the country every 3 months.

If you want something "quick and easy", you can just go for a Thailand Elite visa. There is nothing easy (though it can be pretty quick) about establishing a company.

[jimster]

On 1/12/2018 at 7:31 AM, ubonjoe said:

Can you suggest where to get one. I have not seen any reports of anybody getting one as director for several years. It has gotten very hard to get a single entry non-b visa for business purposes in recent years much less a multiple entry visa.

It's still easy in Australia - although multi entries need approval from Canberra since 2016. I haven't seen any reports of multi-entry non-Bs approved in regional countries, perhaps local citizens are granted such visas but foreigners are not.

[Master Jairam]

On 1/12/2018 at 2:36 PM, elviajero said:

• You don't need (in most cases) a WP to get a Non 'B' visa.
• You don't need a WP to be a director of a company.
• You don't need a WP to "conduct business".

Correct me if I am wrong, but one cannot get a work permit without a non imm b visa. Assuming the majority ownership in the company is Thai, can they file a wp3 for the OP?

[ubonjoe]

35 minutes ago, Master Jairam said:

Correct me if I am wrong, but one cannot get a work permit without a non imm b visa. Assuming the majority ownership in the company is Thai, can they file a wp3 for the OP?

The work permit will not be issued without a non immigrant visa entry (normally a non-b) but it can be applied for (WP1) with a tourist visa entry. Then a non--b visa can be applied for with a work permit application letter (aka WP3). The real WP3 can only be applied for if you are outside the country.