Get A Work Permit When Married To A Thai

[jbhh]

Hi,

Someone told me yesterday, that is is possible to obtain a "special" work permit when married to a Thai, and I was even offered help in how to do so...

I have searched the Internet for quite a while, but couldn't dig up anything to support that claim. The only statement I could find about this was: "Note: If you are a foreigner and will be applying for a work permit, the minimum registered capital must be 2 million Baht (if you are married to a Thai, registered capital must be 1 million); please add 5,600 Baht in government fees."

I found it on http://www.lawyer.th.com/company-registration.asp (The thaivisa.com forum sponsor's website...)

What about the 4 staff per work permit, if it needs to be a 1 million Baht company?

I own a company in Germany, and I am getting my money from there. I do not really need a work permit here, and I certainly do not want to start a big company that generates enough work for 4+1 people. I just want to be able to engage some kind of work to keep myself occupied, without getting to occupied...

Does anyone know more about this and can give me some more information/advise?

Thanks in advance

jb

[Cyberstar]

Someone told me yesterday, that is is possible to obtain a "special" work permit when married to a Thai, and I was even offered help in how to do so...

No "special" workpermit for the married man. To get a workpermit you need a qualified (in Thailand) employer to apply for the workpermit just like everybody else. You don't sound like you have such an employer at hand - consequently, the offer you mention doesn't sound quite trustworthy.

[tamsin]

what if you are a farang woman married to a thai man? are you able to work without a permit/automatically be granted one?

[Sunbelt Asia]

Someone told me yesterday, that is is possible to obtain a "special" work permit when married to a Thai, and I was even offered help in how to do so...

What he was talking about is the registered capital only needs to be one million Baht, if married to a Thai. One exception is if the foreigner holds more than 50% of the shares, then in all cases for a Thai limited Company/ Partnership the registered capital must be 2 million Baht.

What about the 4 staff per work permit, if it needs to be a 1 million Baht company?

Four Thai employees are not required for a foreigner to get a work permit for a Thai limited Company/ Limited partnership, even if they are married or not married and this is even if the registered capital is one million or 30 million Baht.

You are confusing the four Thai employee requirement with an extension of stay based on business. Your friend being married will not be applying for the extension of stay based on business but an extension of stay based on being married to a Thai national. Clearly this is not a requirement of Immigration of four Thais required to be employed for him to be married and to stay in Thailand.

Many people that have a work permit do not have an extension of stay based on business as they are only a start-up.

You can even work for your wife with her being a natural employer ( not registered as a Thai limited company or Limited Partnership.) If your wife paid tax of 25,000 Baht last year, will employ 2 Thai employees or if she had gross sales last year as a sole proprietorship of 350,000 Baht.

what if you are a farang woman married to a thai man?

you can apply but you must meet the above criteria

are you able to work without a permit/automatically be granted one?

You need to apply.

www.sunbeltasiagroup.com

www.sunbeltasiagroup.com

[tijnebijn]

Interesting to read Sunbelt.I was wondering cause my wife just opened her new business,just getting started.

I asume that I even cannot welcome a customer if she is not there or taking a piss or something.

I also am thinking do I need a workpermit,even if I not get payed....??What I understand of the process I think I do,so do I have to wait before my wife makes enough money and payed her taxes?I mean still not having to many income anyway and would love to help her sometimes,what to do,the same story?

Any advise or more clear a bit ,very appreciated

[Sunbelt Asia]

I asume that I even cannot welcome a customer if she is not there or taking a piss or something.

correct

I also am thinking do I need a workpermit,even if I not get payed....??

correct

What I understand of the process I think I do,so do I have to wait before my wife makes enough money and payed her taxes?

No, not correct.

You have several other options for her to apply for a work permit for you that does not involve the criteria of tax...

1. Your wife can employ two Thais with at least a mininum salary of 5,250 Baht per month.

2. She had traded last year and will file a annual tax return ( PND #90) that her gross salary for the business ending Dec 31st 2006 was 350,000 Baht or higher. This does not mean the company had to be profitable, just that it has traded with sales higher than 350K.

[tijnebijn]

Thanks for the anwers Sunbelt,I really did not know there were these other 2 options......

Good to know, and I will take this in consideration,for now the only thing I can do (about helping)is...nothing... .I will not ,for now,make my wife tired to hire people,or make any declarations.I will wait the year out,and look what she can earn before any steps are taken.These anwers seem not to difficult too achieve,who knows,I proberly will ask another question when I start to apply,or take a service,does Sunbelt also give this service,even when there are not to many profits?You probably do!

I saw an office in Chiangmai,still active?

[Vampyros Lesbos]

Thanks for the anwers Sunbelt,I really did not know there were these other 2 options......

Good to know, and I will take this in consideration,for now the only thing I can do (about helping)is...nothing... .I will not ,for now,make my wife tired to hire people,or make any declarations.I will wait the year out,and look what she can earn before any steps are taken.These anwers seem not to difficult too achieve,who knows,I proberly will ask another question when I start to apply,or take a service,does Sunbelt also give this service,even when there are not to many profits?You probably do!

I saw an office in Chiangmai,still active?

Is this only wife or is it ANYONE? Any Thai person and what kind of VISA will i get on the work permit?

[tijnebijn]

Thanks for the anwers Sunbelt,I really did not know there were these other 2 options......

Good to know, and I will take this in consideration,for now the only thing I can do (about helping)is...nothing... .I will not ,for now,make my wife tired to hire people,or make any declarations.I will wait the year out,and look what she can earn before any steps are taken.These anwers seem not to difficult too achieve,who knows,I proberly will ask another question when I start to apply,or take a service,does Sunbelt also give this service,even when there are not to many profits?You probably do!

I saw an office in Chiangmai,still active?

Is this only wife or is it ANYONE? Any Thai person and what kind of VISA will i get on the work permit?

I think Sunbelt meant the wife 'as a natural employer'not just any thai person,then I think they will have to acquire the 2 million registered money in their company to hire a foreigner,there are some more reasons and ways ,but i am not the right person too explain and with surten i cannot tell.

[chatette]

To address Tamsin's query: No, marriage does not give you the right to work in Thailand without a work permit, whether you're male or female. Nor does permanent residence, which is a misnomer in my view. You are only able to work without a work permit with citizenship. My application was accepted as qualified 8 yrs ago and I'm still waiting, and -- in good developing country form -- there is no time frame in which it must be processed. Maybe before I die???

[Vampyros Lesbos]

WHat i meant was. Is it only the wife that can be your boss or can any thai be your boss that have a small company like that.

[Paul123456]

Hi - I was just about to start another topic which includes some of the info in here - so excuse me for butting in.

I am in a similar position to tijnebijn I think. I am married and am currently here on an Non-Imm O. Anyway, for purposes of being able to get a loan from a bank in the future, my wife and I have just started a Limited partnership.

So, for me to get a work permit - her company needs to make about 30 000+Baht per month - and it needs to be shown at the end of that year that she had a gross salary of 350 000 Baht. Correct/Not correct so far?

Once I have a work permit - the advantages are? Correct me if I am wrong and please add to the list:

Can get bank loans?

Can work and help the business?

Can stay in Thailand - although the Non - Immigrant O seems to have already taken care of that

Anything else?

About working - can we run homestays? Can I help organise tour programs? Can I work as a volunteer with a Thai NGO?

And just checking again - the requirement for 1 or 2 million Baht - not relevant to us?

Thanks for any thoughts. Thanks already to the comments on here, it has started to make things a bit clearer.

[rossigee]

So, for me to get a work permit - her company needs to make about 30 000+Baht per month - and it needs to be shown at the end of that year that she had a gross salary of 350 000 Baht. Correct/Not correct so far?

Not the company, it's *you* that needs to have a salary of 30,000 baht a month - well, at least a letter from the company stating that this is how much they're paying you. Also, to keep your work renewed regularly I think you need tax slips to say you've paid tax on that amount. It's a while ago now since I did all this.

Once I have a work permit - the advantages are?

Only that you don't have to worry about being picked up by immigration police and face being deported for working illegally. Otherwise, no advantages that I can see.

Correct me if I am wrong and please add to the list:

Can get bank loans?

Depends on the bank. In any case, it'd probably be a whole lot easier (less paperwork and likely a much better rate etc) if it was your Thai wife applying for the loan, not you. I'd probably be thinking about working on her credit rating, not yours

Can work and help the business?

Yes, as long as you keep the work permit up-to-date.

Can stay in Thailand - although the Non - Immigrant O seems to have already taken care of that.

Yes, but only for 90 days at a time, unless you apply for an extension of stay. As I understand it, for 30,000baht a month you will not qualify for an extension of stay, so will still need to leave the country every 90 days (whether you have a work permit and pay tax or not).

Anything else?

About working - can we run homestays? Can I help organise tour programs? Can I work as a volunteer with a Thai NGO?

The company can do what it likes, but you can only do what is stated in your work permit.

And just checking again - the requirement for 1 or 2 million Baht - not relevant to us?

It's relevant to any company that employs farang.

Thanks for any thoughts. Thanks already to the comments on here, it has started to make things a bit clearer.

Disclaimer: The above is my understanding based on my past experiences - I'm sure I'll be corrected if I'm wrong or out-of-date

[tijnebijn]

It's good that Paul pointed it out again,but now Ros makes me confused again.I thought that Sunbelt meant that cause your wife is a nutural employer ,the 2 people working or 350k sells etc means she can get her husband a workpermit.That doesn't mean she have to pay for me is it?The last post got me confused,I thought the moneything would not be so necessarry when the above 2 statements made are a fact.I mean as a husband you not need to be paid is it?The money the wife makes is the money together made,the husband helps only and I thought that when she can do the taxthing the emplyees etc ,she can apply for that.

I am not sure now,I understand wrong or the last poster got things mixed up a bit.A clear answer would again be very appreciated,thanks!

[Sunbelt Asia]

,

does Sunbelt also give this service,even when there are not to many profits?You probably do!

Yes

I saw an office in Chiangmai,still active?

Yes. The head Lawyer in CM is Khun Krit. 053-283-845

However, the Amity treaty process is done in Bangkok.

Is this only wife or is it ANYONE? Any Thai person and what kind of VISA will i get on the work permit?

Anyone can be your natural employer... Thai or Foreigner married or not married to you.

You can only get a multi entry visa for one year. (This is obtained outside the country.) You cannot get an extension of stay based on business working for a natural employer.

If you are married to a Thai, you would get a extension of stay based on married to a Thai national.

I think Sunbelt meant the wife 'as a natural employer'not just any thai person,then I think they will have to acquire the 2 million registered money in their company to hire a foreigner,there are some more reasons and ways ,but i am not the right person too explain and with surten i cannot tell.

Natural employer can be any nationality and does not have to be your wife. The natural employer does NOT need two million Baht or one million Baht registered capital to be your employer. They need 700,000 gross sales for last year OR are now employing 4 Thai employees OR they had paid on a personal basis 50,000 Baht last year (or if not working last year, had paid tax of 4,166.66 per month, for the last three months.)

If you are married to a Thai, then the natural employer’s requirement is 1/2 of the criteria... 350,000 gross sales or 2 Thai employees or 25,000 Baht in tax (or if not working last year, they had paid tax of 2,083.33 per month, for the last three months)

My application was accepted as qualified 8 yrs ago and I'm still waiting, and -- in good developing country form -- there is no time frame in which it must be processed. Maybe before I die???

I know of a guy who just picked up his permanent residence book two weeks ago, had a heart attack the same day and died several hours later.

WHat i meant was. Is it only the wife that can be your boss or can any thai be your boss that have a small company like that.

Anybody can be your Boss.... any nationality.

www.sunbeltasiagroup.com

[Sunbelt Asia]

So, for me to get a work permit - her company needs to make about 30 000+Baht per month - and it needs to be shown at the end of that year that she had a gross salary of 350 000 Baht. Correct/Not correct so far?

Not the company, it's *you* that needs to have a salary of 30,000 baht a month - well, at least a letter from the company stating that this is how much they're paying you. Also, to keep your work renewed regularly I think you need tax slips to say you've paid tax on that amount. It's a while ago now since I did all this.

Once I have a work permit - the advantages are?

Only that you don't have to worry about being picked up by immigration police and face being deported for working illegally. Otherwise, no advantages that I can see.

Correct me if I am wrong and please add to the list:

Can get bank loans?

Depends on the bank. In any case, it'd probably be a whole lot easier (less paperwork and likely a much better rate etc) if it was your Thai wife applying for the loan, not you. I'd probably be thinking about working on her credit rating, not yours

Can work and help the business?

Yes, as long as you keep the work permit up-to-date.

Can stay in Thailand - although the Non - Immigrant O seems to have already taken care of that.

Yes, but only for 90 days at a time, unless you apply for an extension of stay. As I understand it, for 30,000baht a month you will not qualify for an extension of stay, so will still need to leave the country every 90 days (whether you have a work permit and pay tax or not).

Anything else?

About working - can we run homestays? Can I help organise tour programs? Can I work as a volunteer with a Thai NGO?

The company can do what it likes, but you can only do what is stated in your work permit.

And just checking again - the requirement for 1 or 2 million Baht - not relevant to us?

It's relevant to any company that employs farang.

Thanks for any thoughts. Thanks already to the comments on here, it has started to make things a bit clearer.

Disclaimer: The above is my understanding based on my past experiences - I'm sure I'll be corrected if I'm wrong or out-of-date

You do not need 2 million Baht registered capital. Your salary does not need to be 30,000 Baht a month. It can be less than this or more. ( do not confuse the criteria of Immigration for a extension of stay based on business and the Labor Dept.)

In order to get the extension of stay based on being married to a Thai national. Your wife or you must be making 40,000 Baht per month.

You can only do what your job position states on the work permit. If your employer states they will be a volunteer and you are approved to work for the employer, then this is fine.

www.sunbeltasiagroup.com

[Sunbelt Asia]

It's good that Paul pointed it out again,but now Ros makes me confused again.I thought that Sunbelt meant that cause your wife is a nutural employer ,the 2 people working or 350k sells etc means she can get her husband a workpermit.That doesn't mean she have to pay for me is it?The last post got me confused,I thought the moneything would not be so necessarry when the above 2 statements made are a fact.I mean as a husband you not need to be paid is it?The money the wife makes is the money together made,the husband helps only and I thought that when she can do the taxthing the emplyees etc ,she can apply for that.

I am not sure now,I understand wrong or the last poster got things mixed up a bit.A clear answer would again be very appreciated,thanks!

In all cases we have done this. The husband has always been paid. The salary range from 10,000 Baht to 30,000 Baht per month.

www.sunbeltasiagroup.com

[jbhh]

Sunbelt, you really are a great forum sponsor and helper!

I think I have figured out the way to do this, we will get 2 staff and she will be my employer.

She is getting more than 40,000 Baht a month from a company she is a partner in without really working, that qualifies for the extension of my marriage visa, right? How must the "proof" of her receiving the money from that company look like?

We want to run an internet based business, sell services and products to people living in Thailand and also world wide.

One service will be Hotel & Flight/Bus/Taxi/Transfer Bookings, do we need to get a TAT license if it is a 100% internet based business?

Do we need a special license to sell and send products to another country?

Another service will be graphic and website design.

I am a programmer with over 20 years of computer experience, so I would be the one building and maintaining the website(s), while my wife would do the "real life" part of the business, like customer correspondence, booking a hotel, packing and sending products out. I would like to do some graphic and web design once the website for our business is finished, which would include business meetings with clients. Of course I want to help my wife as much as I can with her side of the business as well, so what would be the best Job Description for me, to be allowed to help her as much as possible?

I was thinking about "Web Designer", but I think that would limit me to ONLY be allowed to do web design, while I wouldn't be permitted to make a hotel/flight booking... is that correct?

Would I be permitted to use a client's computer at their office, or would that be seen as working for that client? If I cannot use a client's computer, can I carry my laptop with me to make a presentation etc, and where can I sit, without appearing to work for the client?

Your advice is very much appreciated!

Thank you!!

Edited March 27, 2007 by jbhh

[jbhh]

I forgot to ask about the 2 staff and the office/business location....

We have a maid who lives in the house, I guess she would be our first staff. The second would be the driver for our minibus. Both get more than the minimum salary required.

Does that qualify for the two required staff?

What about the "office/business" location?

As I mentioned our business would be internet/telephone based, and we want to run it from home. Is that ok?

Edited March 27, 2007 by jbhh

[Sunbelt Asia]

Sunbelt, you really are a great forum sponsor and helper!

Thank you.

She is getting more than 40,000 Baht a month from a company she is a partner in without really working, that qualifies for the extension of my marriage visa, right? How must the "proof" of her receiving the money from that company look like?

She pays tax on this amt of earned income after allowances.

One service will be Hotel & Flight/Bus/Taxi/Transfer Bookings, do we need to get a TAT license if it is a 100% internet based business?

No. You only need a TAT license if you are taking tour groups out.

Do we need a special license to sell and send products to another country?

Import Export License if thru a limited Company. On a individual basis you do not need a import export license.

Of course I want to help my wife as much as I can with her side of the business as well, so what would be the best Job Description for me, to be allowed to help her as much as possible?

The best description is what you will be doing or want to do.

I was thinking about "Web Designer", but I think that would limit me to ONLY be allowed to do web design, while I wouldn't be permitted to make a hotel/flight booking... is that correct?

Then put "coordinating foreign clients demands, foreign client relations, handling foreign client correspondence. "

Would I be permitted to use a client's computer at their office, or would that be seen as working for that client?

If your wife would have a contract to work for that client and you had the right to work outside the place of work, then this is ok.

If I cannot use a client's computer, can I carry my laptop with me to make a presentation etc, and where can I sit, without appearing to work for the client?

Why do things shady? Do it legal or don't do it. You can be legal.. see above.

We have a maid who lives in the house, I guess she would be our first staff. The second would be the driver for our minibus. Both get more than the minimum salary required.

This is possible. The driver is working for the "company" and the maid is cleaning up the company space.

What about the "office/business" location?

As I mentioned our business would be internet/telephone based, and we want to run it from home. Is that ok?

Yes

By the way, they recently changed the sole proprietorship tax laws. For tax filing in 2008, you cannot use the standard 65-80% deductions for expenses. In order to deduct expenses you must show receipts.

www.sunbeltasiagroup.com

[jbhh]

Thank you for your reply, however I am still not sure how to declare my work in terms of my work permit.

The reason I asked about the computer of a client has nothing to do with shady business, I am asking this because this has happened before to a friend of mine, who had been accused by immigration to be working when seen behind a computer in an office... when they went behind the desk to look at the screen he was checking his email... but if I am for example "working" on the administration interface of an php/msql website, it WILL actually be work... in the office of a client. I guess I can always have another windows open with yahoo etc, but I would like to know, how to avoid this whole BS in the first place.

You said:

"If your wife would have a contract to work for that client and you had the right to work outside the place of work, then this is ok."

How do I obtain "the right to work outside the place of work"?

About me helping my wife with the bookings etc, you said:

"coordinating foreign clients demands, foreign client relations, handling foreign client correspondence. "

This confuses me... I thought I have to specify EXACTLY what I am doing in the work permit. How does this comply with me visiting a client or doing programing?

About the 40,000 Baht, you said:

"She pays tax on this amt of earned income after allowances."

This might sound stupid, but I am not native English speaking... are you saying, that the tax report/papers/receipt is enough, no special letter or specially approved paperwork?

I could put 400,000 in the Thai bank account, but I have been told by immigration, that this is not being accepted anymore. Is that correct? I have been told, that Singapore is accepting the proof of 400,000 Baht to issue a 1 year non-O visa... even if that is true and I would do it that way, would it cause problems if I should ever get checked by immigration?

I am sorry for being so paranoid or picky about certain circumstances, but I would really like to do some work over here, and I am just worried that IF I start working, I get in trouble because I don't have the right work permit/paperwork...

Edited March 27, 2007 by jbhh

[Sunbelt Asia]

The reason I asked about the computer of a client has nothing to do with shady business, I am asking this because this has happened before to a friend of mine, who had been accused by immigration to be working when seen behind a computer in an office... when they went behind the desk to look at the screen he was checking his email... but if I am for example "working" on the administration interface of an php/msql website, it WILL actually be work... in the office of a client. I guess I can always have another windows open with yahoo etc, but I would like to know, how to avoid this whole BS in the first place.

You misunderstood. I didn't say you were not working. I stated you can get a work permit for this. No reason not to get one.

You said:

"If your wife would have a contract to work for that client and you had the right to work outside the place of work, then this is ok."

How do I obtain "the right to work outside the place of work"?

File the WP7 after you get your work permit.

About me helping my wife with the bookings etc, you said:

"coordinating foreign clients demands, foreign client relations, handling foreign client correspondence. "

This confuses me... I thought I have to specify EXACTLY what I am doing in the work permit. How does this comply with me visiting a client or doing programing?

This was in reference to your statement" while I wouldn't be permitted to make a hotel/flight booking... is that correct?"

In regards to web designing, put web designing along with your other duties. If you are a manager put managing and what you will be doing. As for clients, this is how most companies make money is having clients. You need to serve your wives clients outside the house, file the WP7 asking for permission after you get the work permit. Again have a detailed job description and ask for the work permit.

About the 40,000 Baht, you said:

"She pays tax on this amt of earned income after allowances."

This might sound stupid, but I am not native English speaking... are you saying, that the tax report/papers/receipt is enough, no special letter or specially approved paperwork?

It's the payment of tax. You show this and the filing of the PND 90

I could put 400,000 in the Thai bank account, but I have been told by immigration, that this is not being accepted anymore. Is that correct?

correct

I have been told, that Singapore is accepting the proof of 400,000 Baht to issue a 1 year non-O visa... even if that is true and I would do it that way, would it cause problems if I should ever get checked by immigration?

The Embassy is the one that issues the visa and is not govern by Immigration but the Ministry of Foreign Affairs and the Consular Services. Each embassy has different rules.( Some do not require any money or income) If you get a one year multi entry visa you simply need to do a visa run every 90 days.

If you don't want to travel every 90 days, you apply for the extension of stay based on being married to a Thai national. This is at Immigration inside Thailand, they have different rules than the Embassy. Immigration wants 40K salary per month by your wife or you for the extension of stay permit.

Different departments, different rules. Either way you go( multi entry visa or extension of stay permit), this is legal.

www.sunbeltasiagroup.com

[jbhh]

Thank you for all the information and details!

I will sit down with my wife and write everything down what work I will be doing and could be doing in the future, then apply for the work permit.

I have been at the Immigration office, they have told me the papers I have now is sufficient to apply for a work permit, and I can acquire/change/extend my visa in Bangkok, great!

At the Immigration office in Bangkok I will also ask what I have to do exactly to obtain "the right to work outside the place of work"

Thank you very much, great help and advice!

[Sunbelt Asia]

At the Immigration office in Bangkok I will also ask what I have to do exactly to obtain "the right to work outside the place of work"

Odds are the Immigration office won't have a clue. You will need to file the WP7 at the Labor Dept.

www.sunbeltasiagroup.com