Can you open a shop or english school if you in spouse visa?

[Goodboybkk]

Dear all,

 

Can you open a shop selling chicken rice, fish and chip, etc or english language school if you on spouse visa?

Thanks

[CharlieKo]

You would need a work permit. Your Spouse visa is not relevant. You do not need to cancel one to get the other.  

[LosLobo]

18 minutes ago, CharlieKo said:

You would need a work permit. Your Spouse visa is not relevant. You do not need to cancel one to get the other.  

His spouse visa is relevant in that you need a non imm visa before you can apply for a work permit.

[DrJoy]

1 hour ago, Goodboybkk said:

Can you open a shop selling chicken rice, fish and chip, etc or english language school if you on spouse visa?

If your local labor office is willing to issue you a WP, Then yes

[DrJack54]

7 minutes ago, DrJoy said:

If your local labor office is willing to issue you a WP, Then yes

Read the OP.

He is asking about starting a business.

That has significant requirements such as 4 employees etc etc. 

Many threads on that. 

 

[kingstonkid]

Also for a school there are many hurdles and at least a couple of thick brown envelope 

[charliebadenhop]

Sorry to be so dense, but what does "OP' mean in these discussions?

 

[transam]

1 minute ago, charliebadenhop said:

Sorry to be so dense, but what does "OP' mean in these discussions?

 

Original Post/Poster.....

[brianthainess]

12 hours ago, DrJack54 said:

Read the OP.

He is asking about starting a business.

That has significant requirements such as 4 employees etc etc. 

Many threads on that. 

 

But what if his wife opens a business and he just wants to work for her?

[DrJack54]

22 minutes ago, charliebadenhop said:

Sorry to be so dense, but what does "OP' mean in these discussions?

 

Refers to person who started the thread. 

[edwardflory]

""But what if his wife opens a business and he just wants to work for her?""

 

As a general rule, must have 4 Thai employee to 1 foreigner ( a wife generally  would count as 1 employee )

 

Best advice, contact a good LAWYER.  There ARE different circumstances depending on the business type and also  ...YOUR... nationality

Edited April 25, 2023 by edwardflory
spelling

[Alex2554]

You don't need a WP to be a business owner

[BritTim]

You have a lot of research to do. Forget the idea of a school. That is fiendishly difficult to set up.

 

On a shop, you could be a part owner with your wife. However, getting a work permit has requirements that must be met (including, probably, having at least two of your wife's relatives on paper being on the payroll). Your work permit would have restrictions on what you are allowed to do. There is a list of applications restricted to Thais. One of these is "front shop sale".

 

You need to talk to a good lawyer, but to get a cursory understanding take a look at https://www.thaiembassy.com/thailand/working-thailand.

[Goodboybkk]

What an uphill task to marry a Thai person!

[transam]

1 minute ago, Goodboybkk said:

What an uphill task to marry a Thai person!

Really, let's have your story......

[Hummin]

On 4/25/2023 at 7:26 AM, Alex2554 said:

You don't need a WP to be a business owner

You need a work permit to execute work in your business ????

 

If not you are just an owner. A bar owner can not legally carry beer empty glasses even if not have a wp. Worst cases that I heard, a bar owner fined for staying behind the bar when inspection arrived. 

Edited April 26, 2023 by Hummin

[ttkeric]

Hi. I "quietly" run a restaurant / hostel and a chain store by assisting my wife, a wonderful Thai woman and entrepreneur. Here are somethings you need to know (* disclaimer: I'm not a legal expert and don't advocate breaking the law.).

 

1) MOST IMPORTANT: Do you trust your spouse and that your marriage is on solid ground? To add to that, somethings your spouse is a wonderful person, your inlaws are another question altogether. Not invading your privacy but it's the simple fact that, as foreigners, we have all to lose with little to nothing to gain. 

 

2) You're always the silent partner unless you can scale up because....

 

3) Be aware that cooking and working in a restaurant is a RESERVED occupation. Unless you're a highly qualified, experienced and sponsored by a huge hotel chain.

 

4) You are able to own your business legally but as pointed out by the posters above, there's the 4 Thais to 1 foreigner ratio. Again, you technically can't work in your own restaurant unless you can prove that it's big enough, your skillset is specialised enough.

 

Most likely, your wife will own the business and you're just the fellow who funded the venture with no strings attached. (see point 1 again)

 

5) Yes, be aware if you are to be seen doing anything. Personally, I think some of the "experiences" found on this forum is a bit outlandish, maybe even fantastical but your mileage may vary. Obviously, places like Pattaya may attract all kinds of ills. 

 

That being said, recently in Chiang Mai an Italian was arrested for working in his own Italian pizzeria but he was right in kitchen, right in the dough mix. 

 

The rule and your mantra for how should you be present at your place of business is "out of sight, out of mind".

 

There are probably a few points I'm missing, but these are the basics. I wish you all the best! 

 

These laws are too different from many countries to be honest. Some differences maybe. Where I come from, foreigners can own and work at their own business because that's not seen as taking jobs from locals. 

 

Like I said, my wife is an entrepreneur with a few businesses under her belt. Me, I just came over with my savings. Over time, we grew our businesses and thankfully rode out the pandemic. We have been in it together and we save for our kids' future and ours. 

But officially, I'm unemployed and help around the house. I just "happened" to be around to talk to foreigners, visitors and day to day, I'm a digital nomad in plain clothes working on my computer with nothing to do with the locals. 

[KhaoYai]

On 4/25/2023 at 5:25 AM, edwardflory said:

As a general rule, must have 4 Thai employee to 1 foreigner ( a wife generally  would count as 1 employee )

I have no link to any official rules on this but last time I talked to a lawyer about it, I was told that the requirement is just 2 Thai employees if you are married to a Thai national - worth checking with a lawyer.

[problemfarang]

well i stopped after some nonsense posts so i dont know if i say soemthing different or not about your situation

 

now first of all.. all of your 2 question answer is yes... no need to make things longer.. it is yes.

 

i will not comment about noodles shop or likewise. 

 

i will comment about language school or tutor (2 thing is different). I will tell you about my experience because i did about this work about many years ago (in khon kaen city. i will not give the name but its really well known in khon kaen. Im still the owner)  just for some extra income then my real job in bangkok. 

 

First of all who ever open a language school needs a ACADEMIC degree. which means like educational degree. for example if you have an engineer degree you cannot open a language or tutor school. But if you have social studies TEACHER degree (anything like this) , you can. whats important is your degree, your BA. so if you are a certificate teacher you can if not you cannot, end of the story. DONT listen who ever say you can. you cannot. i did try i know. i have first hand experience. i can prove. so thats it. 

 

now.. you probably noticed i said tutor OR language school.... yes... they are very very different. if you take a register from the government for a language school.. who ever open that school must have foreign language degree also its many more paper work and really more expensive and lot of things... 

 

if you open a tutor, any teacher degree is ok. and less paper work. 

 

now.. the funny thing for you... what ever you open there is no different.. yes. lol no different at all. because tutor means teaching extra classes to improve student.. which will allow you teach english or other language. Also you can teach other subjects.. lol BUT if you open a language school you cannnot teach other subjects. there are few other things and detail i dont want to write here...

 

SUGGESTION: find a thai who has a educational degree. open a tutor.. teach what subject you want.

 

if you want to get a visa from this work.. this is a tutor or language school its easy to get a permission to hire a foreigner then.. let the owner show you work here in any position. 

 

if you have any questions.. contact me

 

good luck

Edited April 30, 2023 by problemfarang

[still kicking]

On 4/26/2023 at 1:47 PM, transam said:

Really, let's have your story......

You need to get out a bit, my nephew bought a house in Australia on a student visa, my Thai wife bought a business in Australia no need to employ anybody.

[still kicking]

On 4/26/2023 at 1:47 PM, transam said:

Really, let's have your story......

As a general rule, must have 4 Thai employee to 1 foreigner ( a wife generally  would count as 1 employee )

[Lemsta69]

8 hours ago, still kicking said:

You need to get out a bit, my nephew bought a house in Australia on a student visa, my Thai wife bought a business in Australia no need to employ anybody.

Thailand is not same same Australia cobber, and hopefully never will be. It's great that they limit the type of work foreigners can do and set the bar high viz. the amount of capital and no. of employees that are required. 

 

If they didn't then it would lose its character and become another multicultural mess like down under.

[transam]

11 hours ago, still kicking said:

You need to get out a bit, my nephew bought a house in Australia on a student visa, my Thai wife bought a business in Australia no need to employ anybody.

I do get out a bit...............

[Lemsta69]

4 minutes ago, transam said:

I do get out a bit...............

Where do you go, to the next hamlet over? ????

[transam]

Just now, Lemsta69 said:

Where do you go, to the next hamlet over? ????

No, I gave up those cigars years ago.................

[Wongkitlo]

13 hours ago, still kicking said:

As a general rule, must have 4 Thai employee to 1 foreigner ( a wife generally  would count as 1 employee )

I think it depends on who owns the business. If a foreigner owns it 4 Thai employees are needed but if your wife owns it I think only two Thais are needed(other than her).