Starting a company to get Non B visa and work permit

[Billy Bloggs]

As per the title has anyone used a lawyer or start up service to set this up, I have seen ads for such and want to know either pros and cons or a recommendation.

 

I was unlucky as I had an O visa and extension, but was in Oz sitting out my 2 years to make my pension portable, had the flights booked to go back to Thailand for 4 weeks to extend but it all closed down, so my extension is now expired along with my re entry permits.

 

I still have to sit in Oz till Jan 2021 anyway and am looking at options to get back around that date, I know things may change a lot but I would like to hit the ground running.

 

My girl has 6 RA of land we are farming organically, the company would be for an organic demonstration farm.

 

Thanks in advance for any and all information

[bjaz]

I've never done it, so can't be more specific but it's very common in the Phuket diving industry - many dive instructors set up a company with a lawyer to get their work-permit and work here.

You have quotas of Thai staff that you need to employ (= get on a payroll), and other requirements, so it's not exactly cheap but it's been done for years here, so process can be quite smooth with a good Phuket legal/visa agent.

In your case you probably don't even need to have a ghost-shell, especially since you already have a local partner...

Good luck!

Edited October 7, 2020 by bjaz

[tomazbodner]

A little caution on exactly what you write as business of the company as farming (from what I remember) was prohibited profession for foreigners.

Another thing - again, from memory, so someone correct me if I'm wrong - the company needs to show the profit and past paid taxes, etc. before it can apply for work permit. As such at least in discussion, admittedly a few years back, you would need to have company open at least a year and profitable before you could apply for work permit.

 

Not sure if that's still the case. Just saying this so you ask the question when talking to lawyer and don't get the last minute problem.

[jessc]

Short answer: Yes, use a lawyer or a Thai accountant with experience setting up companies.

 

If your goal is just the visa, probably simplest to have your Thai partner open a Thai company, and then sponsor you for a work permit and visa. There are restrictions on what occupations foreigners can be sponsored for, and agriculture may be a restricted occupation. The law generally requires you show 2 million baht in verified capitalization, and 4 Thai employees enrolled in social security, in order to sponsor a foreign work permit. What is actually required as proof of these requirements varies depending on where you incorporate. 

 

Opening a Thai company with a 49% or less foreign shareholder shouldn't be harder or take longer than a 100% Thai owned company. But practically, depending on where you are, it can be harder if the local DBD office doesn't have much experience with companies that have foreign shareholders.

Edited October 8, 2020 by jessc
typo

[bamboozled]

I'm not sure "farming" is off the map for foreigners, exactly. Or rather, actually planting and harvesting, etc...might be, but managing or marketing (especially or perhaps only if it is for export) will be allowable, I believe. The idea is that the foreigner has some expertise not readily available from a Thai citizen that she/he is bringing to the table.

 

[Max69xl]

48 minutes ago, bamboozled said:

I'm not sure "farming" is off the map for foreigners, exactly. Or rather, actually planting and harvesting, etc...might be, but managing or marketing (especially or perhaps only if it is for export) will be allowable, I believe. The idea is that the foreigner has some expertise not readily available from a Thai citizen that she/he is bringing to the table.

 

What's possible to grow in Thailand that thai farmers don't already grow and have the knowledge about? 

[Max69xl]

58 minutes ago, jessc said:

Short answer: Yes, use a lawyer or a Thai accountant with experience setting up companies.

 

If your goal is just the visa, probably simplest to have your Thai partner open a Thai company, and then sponsor you for a work permit and visa. There are restrictions on what occupations foreigners can be sponsored for, and agriculture may be a restricted occupation. The law generally requires you show 2 million baht in verified capitalization, and 4 Thai employees enrolled in social security, in order to sponsor a foreign work permit. What is actually required as proof of these requirements varies depending on where you incorporate. 

 

Opening a Thai company with a 49% or less foreign shareholder shouldn't be harder or take longer than a 100% Thai owned company. But practically, depending on where you are, it can be harder if the local DBD office doesn't have much experience with companies that have foreign shareholders.

"If your goal is just the visa, probably simplest to have your Thai partner open a Thai company."

If his goal is just the visa, then it's easier and cheaper to marry his gf. 

[jessc]

37 minutes ago, Max69xl said:

"If your goal is just the visa, probably simplest to have your Thai partner open a Thai company."

If his goal is just the visa, then it's easier and cheaper to marry his gf. 

Marriage as cheaper and easier... huh. A unique perspective here on TV.

 

But I actually meant simpler than opening a Thai company with a foreign shareholder. ????

[khunPer]

On 10/7/2020 at 5:30 AM, Billy Bloggs said:

I have seen ads for such and want to know either pros and cons or a recommendation.

Yes, and using a law firm is the best option for a registration. Expect costs to be in the level from 30k baht to 50k baht for the registration service, including fees. Make sure you have company documents and rules written in both Thai-language (the legally binding text) and English, which however is normal procedure by experienced business lawyers.

 

You seem to be unmarried (to a Thai), and you also seem to wish a Work Permit in the new company limited to be allowed a B-visa. For that purpose your Thai company limited need to be...

 

Minimum 3 shareholders, of which foreigners cannot hold more than 49 percent of the registered shareholder capital.

 

The Thai national (or Thai juristic) shareholders might be asked to verify their funds for buying shares, i.e. the 51 percent of the registered capital.

 

The registered shareholder capital need to be of a minimum of 2 million baht for being allowed one foreign work permit. Expect that the registered capital might need to be paid into the company limited in cash.

 

On 10/7/2020 at 5:30 AM, Billy Bloggs said:

My girl has 6 RA of land we are farming organically, the company would be for an organic demonstration farm.

When applying for a work permit you need to be aware of limitation in what work a foreigner is allowed to do, you can find more information here about "Prohibited occupations and minimum salary requirement"; the minimum salary is an immigration requirement for extension of stay based on work.

 

You need 4 Thai employees for each foreign work permit. There is however exceptions for certain specialist work, you should check/contact BOI for further information.

 

As a hand rule a foreigner can be in a managing position, like managing director or manager of a department, but not performing physical work, unless it's an allowed specialist job; i.e. a foreigner can be chef in a restaurant kitchen, but cannot be a cook.

 

Hope this helps, feel free to ask questions, I'm sure some forum-member gladly will try to help...????

[2530Ubon]

I spoke to this company a while ago, they can help set everything up for you. They told me they can even put the 2 million as a loan on the books so you don't have to have the capital upfront. They'll give you a free quote within 24 hours;

https://thailand.acclime.com/

They claim to be able to set up everything within a matter of days and can assist you with applying for the NON-B visa etc. Worth looking into as they have good ratings on FB and it's a free quote.

Edited October 8, 2020 by 2530Ubon