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Wife as a sole trader

Featured Replies

Guys got a question to ask, 

Currently, I have marriage visa for a year, my wife registered as a sole trader (e-commerce). isn't possible for she to hire me, for me to apply for work permit.  

Thanks in advance. 

If her business is registered as a sole proprietorship it is possible to get a work permit.

Instead of having registered capital it would require the business to a proven income (850k baht in a earlier ministerial order) and Thai employees. It would be best for her to check with the provincial work permit office to find out the most recent requirements to do it.

  • Author

Thank you for clarification. Do you happen to know how she can do to prove her business income? (Thru annual business tax)? Meaning at least 1 year old? 

By chance, if you know what kind of taxes does she have to pay? Does she have to pay business taxes? and her own income taxes? 

I don't recall the exact requirements for proving the income. Things could of changed since the info was posted a number of years ago. 

She will pay personal income taxes instead of business taxes.

  • Author

Whom should we approach and asked to apply this type of work permit? As I am thinking to get work permit since they are more strict.

16 minutes ago, damen said:

Whom should we approach and asked to apply this type of work permit?

You would apply or ask for information at Department of Employment office for the province where you are living.

Info can be found here in Thai on their website. https://www.doe.go.th/prd/main

It would be much easier to just ask a lawyer what needs to be done rather than rely on people here giving you the answer

7 minutes ago, realenglish1 said:

It would be much easier to just ask a lawyer what needs to be done rather than rely on people here giving you the answer

If you know how to sift through the answers, the information given here will be more reliable.

6 minutes ago, stevenl said:

If you know how to sift through the answers, the information given here will be more reliable.

More reliable than a lawyer Give me a break With a lawyer on this subject you don't half to sift through anything 

  • Popular Post
2 hours ago, realenglish1 said:

More reliable than a lawyer Give me a break With a lawyer on this subject you don't half to sift through anything 

My recent experience with lawyers,  the op would probably  have to pay 10s of housands for a simple few hours.  He's already been advised to check at his local Labour office,  his wife being Thai should find out quite easily what is required for him to obtain a work permit.

Actually to just answer his questions that he had a Lawyer would probably not charge He would help with filing working papers if they needed and charge for that 

1 hour ago, realenglish1 said:

Actually to just answer his questions that he had a Lawyer would probably not charge

Because lawyers love to spend their time and to offer their advice for free??

 

The O/P is just asking for the opinions and experiences of others on TV. It's usually pretty easy to separate the speculative, uninformed posts from those of worthwhile substance. Certainly easier than seeking out a lawyer and likely having to make an appointment and pay something for advice. 

 

Of course, eventually, if the O/P wants to pursue this, he will need to deal with officialdom and possibly lawyers, but there's nothing wrong in getting some input on the subject before blindly setting out.

7 minutes ago, Suradit69 said:

Because lawyers love to spend their time and to offer their advice for free??

 

The O/P is just asking for the opinions and experiences of others on TV. It's usually pretty easy to separate the speculative, uninformed posts from those of worthwhile substance. Certainly easier than seeking out a lawyer and likely having to make an appointment and pay something for advice. 

 

Of course, eventually, if the O/P wants to pursue this, he will need to deal with officialdom and possibly lawyers, but there's nothing wrong in getting some input on the subject before blindly setting out.

The most important part of Joe'a advice is to do with the Thai staff.  If she is a sole trader, how many Thai staff does she need to have working for her before employing her farang husband?  I am not an expert but four Thai employees is the figure I heard batted about in another case.

 

 

Edited by The Deerhunter

6 hours ago, realenglish1 said:
6 hours ago, stevenl said:

If you know how to sift through the answers, the information given here will be more reliable.

More reliable than a lawyer Give me a break With a lawyer on this subject you don't half to sift through anything 

Actually, based on my experience, the answers here do tend to be more reliable than the initial answers you get from a lawyer. Even if you plan to use a lawyer to reduce the hassle involved in the application, it is wise to know the rules in advance. If the lawyer screws up in a country like Thailand, they will not take responsibility.

 

If willing to make the effort, @ubonjoe pointed at the best approach. Talk to the local labor office. In fact, the procedures for work permit application were changed many years ago with the specific objective of making an application possible without legal assistance. Many labor offices are quite helpful.

7 hours ago, BritTim said:

Actually, based on my experience, the answers here do tend to be more reliable than the initial answers you get from a lawyer. Even if you plan to use a lawyer to reduce the hassle involved in the application, it is wise to know the rules in advance. If the lawyer screws up in a country like Thailand, they will not take responsibility.

 

If willing to make the effort, @ubonjoe pointed at the best approach. Talk to the local labor office. In fact, the procedures for work permit application were changed many years ago with the specific objective of making an application possible without legal assistance. Many labor offices are quite helpful.

Actually, in this specific case, the information given here was: refer to the provincial work permit office (where presumably they speak only Thai) or refer to the Thai web site of the Department of Employment.

 

Which is the logical thing to do of course, entirely equivalent to asking an experienced lawyer. The claim that such information would cost 10's of thousands is unfounded, I have on more than one occasion asked simple questions to lawyers or professional agents and their initial answer was for free. Of course if one decides to pursue some action with them there will be charges, but to do everything on one's own is impossible unless accompanied by a clever, educated Thai. In the case of the OP, married to a Thai wife, I don't understand whether she didn't take the initiative herself and he had to ask here.

 

As for the general usefulness of this specific Visa forum, ubonjoe is absolutely great and worth gold. But it is true that there are often contradicting statements from various contributors, not the least  because sometimes decisions vary depending on the officer of the day.

9 hours ago, The Deerhunter said:

The most important part of Joe'a advice is to do with the Thai staff.  If she is a sole trader, how many Thai staff does she need to have working for her before employing her farang husband?  I am not an expert but four Thai employees is the figure I heard batted about in another case.

 

 

Depends on the labour office, some require 2, some 4.

 

Regarding lawyer or not, if going that route a business consultant would be more appropriate and most likely cheaper. But first getting more information seems very sound advice. Isn't that what this forum is for?

17 hours ago, stevenl said:

If you know how to sift through the answers, the information given here will be more reliable.

OH I see So there must be some lawyers here giving information

Get real

12 minutes ago, realenglish1 said:

OH I see So there must be some lawyers here giving information

Get real

So you doubt the information given here or you have more trust in lawyers?

See any misinformation in this thread?

5 hours ago, stevenl said:

Depends on the labour office, some require 2, some 4.

 

Regarding lawyer or not, if going that route a business consultant would be more appropriate and most likely cheaper. But first getting more information seems very sound advice. Isn't that what this forum is for?

Obviously we two think so.........

  • Author

Thanks, guys for the input.
My wife called to labor officials, and indeed different province requirements are slightly different. 

In Phuket, she requires to hired 2 Thai staff in order to get a work permit for me, they also advise that she could 'hire' her own family members. 

Their requirements weren't too bad, so hiring a lawyer would be waste of money. 
 

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