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The best path to becoming a long-term visa holder as a non-retiree, working-age tech entrepreneur.


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13 hours ago, FarangDoingHisThing69 said:

 

This was an option I was considering. The Thai government wouldn't think I'm trying to game the system, I hope? I just want to make sure everything is on the up and up. I'm not trying to find loopholes as a guest in a nation I love. If it's common for people in my position to do that, then I'd feel better about it.

Plenty of instances of announced / unannounced home visits by Imm. officers to check if the 'marriage' in question is genuine, and they have learned what questions / what documents / sleeping arrangements / accommodation set up etc., etc/. to check. And if someone in the marriage being questioned is not a quick thinker will possibly get caught out, same in many countries.

Edited by scorecard
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31 minutes ago, swissie said:

Before my retirement, I had far more than 50 employees. Never have I considered to move my Business to Thailand, including my employees. Why legally anchor a Business where there is no "Legal-Certainty"? Especially for Farangs, unless their name is Toyota or Samsung?
OP's initial infatuation with Thailand is understandable. The Thai-Females are definitely friendlier than the women back home.
But to make this factor as part of a any sort of "Business-Decision" is far worse than a crime. It's a major mistake.
As suggested by other posters: Let the 50 employees work for you and go for a "on location fact-finding-mission" in Thailand for at least 1 year. Involving all legal aspects and sociological aspects as well.
When done, I would not be surprised that you would abandon any Thai-Business-Venture, for the simple reason that the Risk/Reward Ratio for a small/medium sized foreighn investor in Thailand is entirely unattractive, compared to other countries, on the verge of leaping from 3rd world countries to establish themselves within 2nd world countries. The legal system in Thailand will not allow for this leap. (Legal-Certainty not in place).
OP has asked for constructive advice. I hope this is constructive enough.


Of course, if OP has already made up his mind that a "Constructive-Guidance" can only be administered by a Thai-Female wearing a Mini-Skirt, this post is entirely useless.

"Cherzes la Femme".
Cheers.

 

OP, you seem to be thinking that going to imm. at Chaeng Wattana with your details could bring a special approval. It just doesn't work like that. 

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2 hours ago, impulse said:

If you want to climb a mountain, I'd ask the guys who have already been to the top, not the guys who camp out in the lodge and come up with reasons not to even try it.

 

Bangkok, Chiang Mai and some other locations have shared work spaces where digital nomads rock up and do what they do.  You won't find them posting visa advice on TVF, for various reasons.  Mostly because they have better things to do, and obviously don't get a lot of respect here.

 

On your next trip, find some of those shared work spaces and ask the folks who may not have reached the top of the mountain yet, but are further along the path than the lodge.

 

 

Thank you for the input. I'll keep this in mind next time I'm in Bangkok. I'll beat the pavement and learn all I can personally from people in similar positions. ????

 

2 hours ago, ukrules said:

If you're going to incorporate in Thailand and have a Thai business partner who you trust with 51% of 'your' private companies shares then sure, start hiring and give yourself a job. This is an easy process from what I understand.

 

If you're an American then look into Amity treaty companies, not sure on the rules for those but I believe you might be able to actually own all of your company instead of 49% or BOI like someone else mentioned.

 

Or, just setup a small office in Thailand employing the minimum number of people to get yourself a visa / work permit and contract with your offshore entity whatever it is / wherever it is.

 

You mention military application, it's not bomb detectors is it ? LOL, someone already tried that.

 

 

I am American, so Amity seems like a good choice. 51/49 ownership with 49% having preferred voting rights is perfectly acceptable and rather common, isn't it? But in my case yes I believe 100% would be fine. Hiring requirements and otherwise are all the same I believe, 4 Thai workers = 1 visa for you, the farang trying to get the visa. Not too bad of an option, especially if you can make a profit doing it.

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6 hours ago, jerojero said:
14 hours ago, overherebc said:
If you have a Bachelors Degree and ten year documented experience in your field, have enough cash to start a new company in that field or find a Thai company that will pay you 200,000 baht a month then you might, just might not go broke in the first year.

He's 25. Ten years experience in his field? Duh.

That was the point of my post.

Duh!

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17 hours ago, JLCrab said:

Marriage.

The desire to get a visa is not a valid reason for a marriage to be considered eligible for visa-extension.

However, if the story is about the wish to get married to a certain person, then just say so.
Good luck to you.
Having said that, my advice is
(a) to get the Lawyers to research the background of the chosen one, and, if acceptable,  
(b) to draft the tightest Pre-Nuptial they can think of, and, if she still wants to marry you anyway,
then you are probably good.

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4 hours ago, FarangDoingHisThing69 said:

51/49 ownership with 49% having preferred voting rights is perfectly acceptable and rather common

it is my understanding / interpretation that such arrangement is voidable,  as it is obvious that it is made to circumvent the 51/49 rule and therefore contravenes the Law.

a Legal professional's comments on this statement will be appreciated.

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I am not sure what kind of business you're running. If you plan to hire people for work, etc...

 

But if I understand correctly it's something in tech, possibly software.

 

I believe the easiest way (if possible) to get a SMART visa is by working for a Thai company that are in need of a particular skillset that is hard to find in Thailand. If you want to setup your own company to get the SMART visa, I would guess it will be a very difficult process. From what I read when looking up details of the SMART visa, the visa seems to be targeted to employees, not business owners.

 

Now you could setup your own business to get a business visa, but you'd need to hire people. If you are married to a Thai, I believe the number of hires should be at least 2, otherwise 4. If you pay your wife some monthly allowance and pay someone else for cleaning your house, perhaps that would be sufficient. I would guess for simple work you might be able to get away with paying 10.000 Baht a month. But for software developers I believe wages start at least around 30.000 Baht and in cities like Bangkok possibly much higher. I once interviewed for a Thai company in Bangkok and they were willing to pay me 100.000 Baht a month. 

 

Then there's the problem that many Thai people might be less skilled compared to foreign nationals. But foreign nationals might demand more money. The company I interviewed with had to my knowledge barely any Thai employees (it's allowed for software developers, because it's difficult to find skilled IT people in Thailand). All in all I believe a business visa could be quite risky and dealing with employees can be a headache. I also feel there's very little need to be married for a marriage visa - I personally feel there's little value in making a relationship official like that and could cause (financial) pain in the future.

 

If you plan to just work from your home, perhaps have some kind of drop shipping company or some such, I would just recommend to get the Thai Elite visa. Less hassle with immigration and nobody has to know you're working from home. Yes, legally it's not allowed to work on this visa, but you're not taking any money away from the Thai economy if you're working for some company outside of Thailand as a remote employee or if you earn your money online through activities like drop shipping. In some ways the Thai Elite visa is also better than a marriage visa. For example if you divorce, you have to leave the country very quickly (within 7 days or so?). There's also no income requirements and you don't have to put 800.000 Baht (?) in your bank account for 3 months for the Thai Elite visa, just pay a 1-time lump sum. 

 

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8 hours ago, impulse said:

Bangkok, Chiang Mai and some other locations have shared work spaces where digital nomads rock up and do what they do.  You won't find them posting visa advice on TVF, for various reasons.

The primary one being they dont like hearing the facts about legality. 

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2 minutes ago, LivinLOS said:

The primary one being they dont like hearing the facts about legality. 

Working online on tourist visa is currently considered legal, so to hear that it's legal might not be the reason that they avoid Thaivisa ????

Edited by jackdd
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5 minutes ago, LivinLOS said:

Labour laws are covered by the dept of labour and employment office.. They have consistently and clearly repeated that online work is work and requires a work permit.

When i called them they told me no work permit required, they don't consider working online as working in Thailand (business. customers, money abroad)

 

6 minutes ago, LivinLOS said:

see any number of actual times they have gone on record. 

Co working space raided, people working online on tourist visas, nothing illegal:

https://www.chiangmaicitylife.com/news/immigration-officers-raid-popular-co-working-space/

Chinese working online on tourist visas, again nothing illegal about it. Here they even mention that the department of employment was there as well:

 

10 minutes ago, LivinLOS said:

Even such things as blogging or vlogging

Why "even"? Blogging and vlogging about Thailand is obviously quite different to the classical "working online" scenario.

The classical "online worker" has his business abroad, receives his money from people outside of Thailand and can work anywhere.

Can the typical "Thailand travel vlogger" work everywhere? Obviously not, a "Thailand travel vlog" with videos being captured in the UK would not work, he has to be in Thailand.

Does he have a registered business and is paying tax on his income somewhere abroad? Unlikely.

Where does he get his money from? In case of "my mate nate" i would guess that most of the money he is getting comes from businesses inside Thailand who pay for ads (Of course youtube receives the money and gives it to the guy, so it's not directly, but still quite direct, and maybe he is even getting money from Thai sponsors directly)

So you just can't compare these two.

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57 minutes ago, jackdd said:
59 minutes ago, LivinLOS said:

 

Working online on tourist visa is currently considered legal

But soon, according to posts just today, the more operative part of that statement will be whether or not you can get a tourist visa or multiple tourist visas in succession in the first place.

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20 hours ago, DrJack54 said:

Spoken from the heart but not much else. Don't get my wrong, you seem to have great drive and that's to be commended. Trust me I see lot of backpackers esp in Vietnam bumbling around teaching and having party time. Your not. Have you considered the 20 year elite visa. Not many 25 yrs olds could afford it but think would give you lot of freedom. Don't want to sound like a "dream shatterer" but Thai couldn't give a flying .... about your honest intentions. Your enthusiasm might work in west. Not in los

Sounds more like a salesman who fell in love with a bar girl and now wants to try convincing thai immigration that he can help Thailand with some unspecified knowledge unbeknownst to Thais in general.. His high head attitude will probably be their reason to deny his Visa unless he pays big time for an elite visa. As for being long term.. Marry the bar girl legitimately but protect your assets from her squandering. 

Stop pretending your have such great knowledge because apparently you are forgetting Thais do not like to look stupid and lose face. 

Good luck or good riddance will be your choices. 

 

 

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2 hours ago, jackdd said:

When i called them they told me no work permit required, they don't consider working online as working in Thailand (business. customers, money abroad)

 

Co working space raided, people working online on tourist visas, nothing illegal:

https://www.chiangmaicitylife.com/news/immigration-officers-raid-popular-co-working-space/

Chinese working online on tourist visas, again nothing illegal about it. Here they even mention that the department of employment was there as well:

 

Why "even"? Blogging and vlogging about Thailand is obviously quite different to the classical "working online" scenario.

The classical "online worker" has his business abroad, receives his money from people outside of Thailand and can work anywhere.

Can the typical "Thailand travel vlogger" work everywhere? Obviously not, a "Thailand travel vlog" with videos being captured in the UK would not work, he has to be in Thailand.

Does he have a registered business and is paying tax on his income somewhere abroad? Unlikely.

Where does he get his money from? In case of "my mate nate" i would guess that most of the money he is getting comes from businesses inside Thailand who pay for ads (Of course youtube receives the money and gives it to the guy, so it's not directly, but still quite direct, and maybe he is even getting money from Thai sponsors directly)

So you just can't compare these two.

Firstly... Stock trading, you have never needed a work permit to buy and sell stocks. Always been the case only people trying to muddy the waters would post otherwise. 
https://thethaiger.com/issues-answers/asked/do-i-need-a-work-permit-to-play-the-stock-market

 

Secondly blogging vlogging and the like 

https://thethaiger.com/issues-answers/asked/is-uploading-videos-to-youtube-considered-work

Quote

 

However, if you turn on YouTube ads while living in Thailand, or post them in your own blog where they can collect revenue, this could be considered work. Even if you posted videos while outside Thailand, but then activated or turned on ads related to them, this would still be considered work, as you would be making money while in the country. It means you are working while you are living in the Kingdom. However, if you activated the ads before entering the country, but still received revenue once entering the country for your holiday, then this would not be considered as working while staying in Thailand.

Yaowapa Pibulpol, chief of Phuket Provincial Employment Office (PPEO).

 

And finally working online not requiring a work permit https://thethaiger.com/issues-answers/asked/do-i-need-a-business-visa-to-work-online
 

Quote

See also the my mate Nate controversy.. And multiple others.. 

So you have a similar 'in writing' rebuttal from the labour dept or employment office ?? 

As with every other law except possibly LM, Thailand is a country with weak enforcement. The fact I can ride around all day without a motorbike helmet on, passing police checkpoints without being stopped, doesnt make riding around without a helmet on legal. 

Immigration are not tasked with policing labour law, and immigration have said they are not responsible for this issue. Thats all. 

 

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26 minutes ago, jackdd said:

Thai authorities like department of employment and immigration police

https://thethaiger.com/issues-answers/asked/do-i-need-a-business-visa-to-work-online

https://thethaiger.com/issues-answers/asked/is-uploading-videos-to-youtube-considered-work

Please show any formal rebuttal from any official at the dept of labour or the employment office. 

 

Asking immigration about labour law is like asking my car mechanic if I need a root canal. 

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1 hour ago, LivinLOS said:

And finally working online not requiring a work permit https://thethaiger.com/issues-answers/asked/do-i-need-a-business-visa-to-work-online

I call bullshit on these sources, probably made up

The english is too good, which makes me doubt that a Thai has written this. Probably everybody here knows the english skills of people in the immigration offices, do you seriously think they could write a text with only minor mistakes?

The immigration officer allegedly said "Any foreigners working or starting a business in Thailand", but we are not talking about a business in Thailand, but abroad, so obviously he didn't even understand what this is about.

The DoE officer allegedly said "so foreigners are required to have a work permit to do so." But it's not possible to get a work permit when "working online". If this person is actually working at the DoE he should know that it's not possible to get a work permit, so why would he say "required to have a work permit"? He would say something like "first you need to found a company in Thailand ..."

 

So all sources that you have which say working online is illegal all come from a dubious website and allegedly quote people working in Phuket.

On the other hand we have real world cases of immigration police raiding places with foreigners working online on tourist visas and they found nothing illegal.

And if this isn't enough, did you ever think about why immigration police does not raid many more coworking spaces? Really easy to find people working online while being on tourist visas there.

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16 minutes ago, jackdd said:

And if this isn't enough, did you ever think about why immigration police does not raid many more coworking spaces? Really easy to find people working online while being on tourist visas there.

Yes I've thought about why -- because the IMM and Labor folks have maybe decided that, as long as the MoFA embassies and consulates are willing to hand out back-to-back-to back tourist visas like Halloween candy, they are not going to bother about what these serial tourist visa-holders do after the enter the Kingdom.

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13 hours ago, FarangDoingHisThing69 said:

I would, for example, just go the land investment route, but I still would like some clarity on wether working from home would run me afoul of the work rules. An amity treaty company seems like another good choice as well. I'll speak more about what may be most viable. SMART would be nice, but seems more like a prestige visa compared to some of the others.

Investment based extension-of-stay = 10M Baht worth of Condos, Bank, or Govt-Bonds (could be more options - awhile since I looked at it).  The good part is, as long as you hold the investments, it is renewable forever.  The downside is you could make more "money on your money" in other things - enough even to pay for a 20-yr Elite Visa (which is a ripoff, IMO) and still have money left over - i.e. "How much could you earn on 9M Baht invested (the 20-yr Elite being 1M Baht) over 20 yrs?" 

 

If the investment-visa allowed for business-investment, it would work perfectly with your plan to open a business here - unfortunately, it does not.

--------------------

 

As to running afowl of rules - if you are conducting operations here, you need a work-permit - absolutely.  But if you are just working off of your computer in your condo - and all customers/business is not in Thailand, there is ZERO enforcement, currently. 

 

Even larger operations "caught red handed" - netting dozens of remote-workers  did not result in a single prosecution of violation of labor-laws.  Some had to pay fines for not reporting their location as tourists (TM-30 form).  Recent clarifications of "what is work" have made it even less likely that this would be a problem/issue.

--------------------

 

Definitely check out the Amity Treaty company.  Some firms which expedite these have claimed that it is much easier to work for your own company now, thanks to the recent loosening of the work-rules.  But, check your facts, and don't believe what the guy with his hand out for a check says will "be A-OK" - as it would be your a__ in a sling if something goes wrong - not his.  

 

But, if you can hire 4 Thais (can be cleaner, secretary, etc), then no problem with any company-type, as far as getting the work-permit. 

 

Do be aware that closing a company is not free - so be ready for those costs.  Also, rules regarding Thai hires' severance laws, etc.  "Getting out" is reported to cost more than "starting-up," in many cases.

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11 hours ago, scorecard said:

Plenty of instances of announced / unannounced home visits by Imm. officers to check if the 'marriage' in question is genuine, and they have learned what questions / what documents / sleeping arrangements / accommodation set up etc., etc/. to check. And if someone in the marriage being questioned is not a quick thinker will possibly get caught out, same in many countries.

Only those who don't pay agents to get their marriage-based extensions are hassled.  Legit folks like myself, OTOH, get put through the wringer for not paying "a little (10x) extra" - depending on which immigration-office. 

 

But, I would advise the OP NOT to fake a marriage or get started on the corruption-foot, in any way, shape, or form.  Running a business here may involve enough grease through lawyers and such if doing everything on the "up and up" - no need to get one's permit-to-stay muddled.

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On 12/16/2018 at 10:15 AM, FarangDoingHisThing69 said:

...here in the US...

If you are an US citizen, you can start and own a company under the US amity treaty.

 

However, if you are already that succesful in your home country, with 50 staff employed, it might be much better to make you money abroad, and just enjoy time in Thailand; i.e. commute a bit, and eventually employ a managing director in your company, to take care of the ordinary daily matters.
 

No one will stop you from communicating with you manager at home, while you you enjoy life in Land-of-Smiles.

 

It might be more complicated to run a company in Thailand, than in your home country; however not impossible, if there are true benefits from location here, for example cheaper qualified labor.

 

If you can afford an Elite Card visa, you might find lots of benefits, which might even include some tax benefits if staying more than 183 days a year here, especially if you organize your business organization, and eventually copyrights/patents, the right way. Life in "paradise" can be great, if you have a Western-size income that would be worth somewhere between the double, and up to four-five times as much, when spend here...????

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3 hours ago, jackdd said:

I call bullshit on these sources, probably made up

The english is too good, which makes me doubt that a Thai has written this. Probably everybody here knows the english skills of people in the immigration offices, do you seriously think they could write a text with only minor mistakes?

The immigration officer allegedly said "Any foreigners working or starting a business in Thailand", but we are not talking about a business in Thailand, but abroad, so obviously he didn't even understand what this is about.

The DoE officer allegedly said "so foreigners are required to have a work permit to do so." But it's not possible to get a work permit when "working online". If this person is actually working at the DoE he should know that it's not possible to get a work permit, so why would he say "required to have a work permit"? He would say something like "first you need to found a company in Thailand ..."

 

So all sources that you have which say working online is illegal all come from a dubious website and allegedly quote people working in Phuket.

On the other hand we have real world cases of immigration police raiding places with foreigners working online on tourist visas and they found nothing illegal.

And if this isn't enough, did you ever think about why immigration police does not raid many more coworking spaces? Really easy to find people working online while being on tourist visas there.

The immigration officer answered the immigration element.. 

 

The Labour dept / employment officer answered the work permit side of the issue.. 

The same exact thing happened when 'my mate nate' was shown to be vlogging here without a work permit. 

 

Again and again people point to immigration.. Immigration isnt relevant for labour law.. Immigration is about visa rules NOT work permit rules. The labour dept, and the employment office, have been clear and answered this issue many times. Enforcement is weak, but name any law in Thailand aside from LM where enforcement isnt weak ?? Bar closing times ?? P4P ?? Road laws.. Confusing enforcement with legality is just being dumb. 

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10 minutes ago, LivinLOS said:

The same exact thing happened when 'my mate nate' was shown to be vlogging here without a work permit. 

I told you this already:

Can "my mate nate" do the same vlog in another country? No.

Does he get his money from businesses outside of Thailand? No.

Does he work alone without involvement of Thai people who could be considered his employees? No.

You just can't compare this to the usual "working online" people, and i can totally understand why he needs a work permit.

 

13 minutes ago, LivinLOS said:

The labour dept, and the employment office, have been clear and answered this issue many times.

When i called the DOE (had my GF call to avoid missunderstandings), they said working online is not considered working in Thailand so it doesn't require a work permit and can be done on a tourist visa, was indeed quite clear.

 

15 minutes ago, LivinLOS said:

Enforcement is weak, but name any law in Thailand aside from LM where enforcement isnt weak ?? Bar closing times ?? P4P ?? Road laws.. Confusing enforcement with legality is just being dumb. 

Indeed, law enforcement is weak in Thailand. But for everything that you named you can find a news now and then where people were fined or arrested for violating the laws. On the other hand we don't have one incident where a foreigner who was working online (business abroad, money (clients) comes from abroad, working alone with his laptop) was arrested for it.

Want to prove your point? Report a coworking space of your choice to the police because foreigners are working there online while on tourist visas. If anybody gets arrested you can be sure we will have a news about it and everybody here will know it.

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