Work permit - computer consulting add on to existing business

[flipper2222222]

wondering if anyone knows the answer to this question 

if my Thai wife and I start a business for example a coffee shop or another business and have the necessary Thai employees to qualify for a foreigner work permit. 

can I add on a computer consulting side gig (which is my current job  in Australia) to the coffee shop and get a work permit as a computer technical\consultant?

 

thanks in advance

[jackdd]

Will you bill your customers through the coffee shop?

[blackcab]

Yes and No.

 

Yes because if you fulfil the application criteria it is likely you would get a work permit. In this case it would make a lot of sense for you to stay on a Non-O extension of stay as you are married to a Thai.

 

No because asking for a work permit for a computer consultant for a coffee shop is probably not going to work simply because it might not seem reasonable for a small business such as a coffee shop to hire a full time computer consultant.

 

On the other hand, could it work for you if your job title was "Business Development Manager"? A job description for this post would be very broad, pretty much covering anything that furthers and benefits the business.

 

However, you must understand that it is extremely likely that your work permit would carry an endorsement that you are not allowed to make sales for the retail business as sales is a reserved occupation for Thai people.

 

The strict interpretation of "sales" has traditionally been the act of taking payment for goods or services, which in a coffee shop would mean the person at the till physically taking payment.

 

Work permits for specialists are given to professionals where there is no Thai citizen available to do the described job. Making coffee, for example, and clearing tables in a small coffee shop clearly doesn't fit that description as there are literally tens of thousands of Thai people who could do that job, especially in these difficult times.

 

Personally, I would stay away from any kind of service in the coffee shop itself. You might have a work permit, and that would get you out of trouble if there was a complaint, however a work permit is a privilege not a right and the Ministry of Labour are not obliged to renew a work permit for any reason.

 

Or are you thinking about carrying on your computer work and billing it through the Thai company?

[flipper2222222]

thanks for the replies so far. to clarify. 

 

my aim is to get a work permit to work in IT as a consultant\technician for  some type business owned by myself\my wife. In my experience having a computer consultant only business may not be viable as my  Intellectual property is all in my head and not easily transferrable to 4 Thai workers to make a successful computer consulting business.

 

Hence my thought to have company that can major in a different type of business but also sidelines in computer consulting\technician work. My plan is not to work in retail sales\taking money or similar role. my plan is to stick to jobs that I have skills in. 

I would bill through the company that is created.  While I might continue to do work remotely to international customers, the plan would be to be able to legally in Thailand to Thai customers and bill through a Thai company owned by myself and my wife. 

 

are there any suggestions to achieve what I want and to stay within the rules to get and keep a work permit?

 

would a retail IT\electronic\accessories type retail shop be more realistic approach?

 

 

 

 

 

[ubonjoe]

5 minutes ago, flipper2222222 said:

Hence my thought to have company that can major in a different type of business but also sidelines in computer consulting\technician work.

It can be a 51/49% partnership with your wife. Part of it could be your wife's business and then your consulting business to get the work permit. You position could be as a manager or managing partner.

[flipper2222222]

1 minute ago, ubonjoe said:

It can be a 51/49% partnership with your wife. Part of it could be your wife's business and then your consulting business to get the work permit. You position could be as a manager or managing partner.

thanks UbonJoe , and as a managing partner part of my tasks can be consulting and working as a computer technician?

and wife's business could be any type of legal business?

[ubonjoe]

5 minutes ago, flipper2222222 said:

thanks UbonJoe , and as a managing partner part of my tasks can be consulting and working as a computer technician?

and wife's business could be any type of legal business?

Yes

This business guide from the BOI has lots of info about the registration and etc. https://www.boi.go.th/upload/content/A Business Guide to thailand 2019.pdf

[khunPer]

On 4/4/2021 at 8:05 AM, flipper2222222 said:

thanks for the replies so far. to clarify. 

 

my aim is to get a work permit to work in IT as a consultant\technician for  some type business owned by myself\my wife. In my experience having a computer consultant only business may not be viable as my  Intellectual property is all in my head and not easily transferrable to 4 Thai workers to make a successful computer consulting business.

 

Hence my thought to have company that can major in a different type of business but also sidelines in computer consulting\technician work. My plan is not to work in retail sales\taking money or similar role. my plan is to stick to jobs that I have skills in. 

I would bill through the company that is created.  While I might continue to do work remotely to international customers, the plan would be to be able to legally in Thailand to Thai customers and bill through a Thai company owned by myself and my wife. 

 

are there any suggestions to achieve what I want and to stay within the rules to get and keep a work permit?

 

would a retail IT\electronic\accessories type retail shop be more realistic approach?

If you have a company limited, you should check what's in your list "Particulars of the objective".

 

Your can have for example add "Transacting business of providing counsels, system analysis, the service of writings and selling of computer programs", and "Transacting business of providing designs, installations, and sales of computer network, internet, and e-commerce, email", to the the part of the list called "The objective in corroboration of the service transactions"; which will allow the company to both run a coffee shop and a computer consultant business...????

[bamboozled]

Hi Flipper,

 

I'd be interested to know how this pans out for you, if you indeed end up starting a company with your wife. I've studied having wife start one and hiring me with work permit to follow but the assorted expenses keeps me from doing it. Please keep us informed, if you can.

Cheers, Bamboozeled

[ubonjoe]

31 minutes ago, bamboozled said:

I'd be interested to know how this pans out for you, if you indeed end up starting a company with your wife.

I suggested a 51/49 partnership with his wife not a company. It costs less to set up a partnership than company.

[FritsSikkink]

1 hour ago, ubonjoe said:

I suggested a 51/49 partnership with his wife not a company. It costs less to set up a partnership than company.

How would you get a work permit for a partnership? 

What about the paperwork needed from a company who hires you?

[ubonjoe]

5 minutes ago, FritsSikkink said:

How would you get a work permit for a partnership? 

It is no different than a registered company. It is registered the same way with an amount of registered capital.

Look at the registration process in this very large file. https://www.boi.go.th/upload/content/A Business Guide to thailand 2019.pdf