Work Permit

[Tod]

Hi,

I started a business in Thailand a few month ago with my wife withnotingelse than a tourist visa. As the shop is working pretty good, I want to make everything straight and be able to work legally. For information I am under 50 years old, my business is a internet cafe with travel agency and motorbike rental and I also have an American passport ( I never used it to come to Thailand but I can take it next time instead of my swiss passport) My questions are: is it possible to get a 1 year visa and a work permit when you have a business like I described it? If possible, about how much would that cost altogether approximately to make a company, lawyer expenses and different charges.

I here so many different things depending on people whom I ask to that I dont know what to believe anymore.

Thanks in advance for your answers.

[Sunbelt Asia]

Hi,

I started a business in Thailand a few month ago with my wife withnotingelse than a tourist visa. As the shop is working pretty good, I want to make everything straight and be able to work legally. For information I am under 50 years old, my business is a internet cafe with travel agency and motorbike rental and I also have an American passport ( I never used it to come to Thailand but I can take it next time instead of my swiss passport) My questions are: is it possible to get a 1 year visa and a work permit when you have a business like I described it? If possible, about how much would that cost altogether approximately to make a company, lawyer expenses and different charges.

I here so many different things depending on people whom I ask to that I dont know what to believe anymore.

Thanks in advance for your answers.

As an American you can own the business 100% in your name. You can get a work permit ( As of now you must employ 2 Thais even if you have a extension of stay based on marriage to a Thai wife). If you are married to another nationality other than Thai you must employ 4 Thais to get the work permit. ( This is the new rule since Feb. 22nd)

Look at our professional fees to get an idea of the fees involved.

http://www.sunbeltlegaladvisors.com/Thaila...any-Limited.php

For more info on Amity, please click here

http://www.sunbeltlegaladvisors.com/Thaila...mity-Treaty.php

www.sunbeltasiagroup.com

[Tod]

The problem is that from what I've red, in order to get a work permit, you need to have a job or qualification that a Thai citizen cant fill. The government is really restrictive regarding the work permits that they give and I dont think that beeing the owner of an internet shop is something that a thai could'nt do.

What do you think about that?

[Sunbelt Asia]

The problem is that from what I've red, in order to get a work permit, you need to have a job or qualification that a Thai citizen cant fill. The government is really restrictive regarding the work permits that they give and I dont think that beeing the owner of an internet shop is something that a thai could'nt do.

What do you think about that?

Good question.

I surmise you are going to be the Managing Director. In this case, you will be managing and overseeing your investment. You will have the same rights as Thais have in the USA under the E-2 treaty investor visa to work in the USA by developing and directing the investment they have made.

This is why most people should and do invest in a professional lawyer to guide them thru the inital process and making sure the job description will be accurate and detailed not simply putting " Owner" which would just give part of your business plan and objectives.

www.sunbeltasiagroup.com

[Tod]

Ok, Thank you very much for this useful information. Can you give me a rough idea about how much the whole process would cost with your company?

[Tod]

And does your company gives any guarantee regarding the obtainment of the visa and/or the working permit?

[Sunbelt Asia]

Ok, Thank you very much for this useful information. Can you give me a rough idea about how much the whole process would cost with your company?

So many variables depending on your case to give an accurate quote. See above using your own personal variables or have a free initial consultation with one of our officers. You’ll find our firm is very transparent with our professional fees.

And does your company gives any guarantee regarding the obtainment of the visa and/or the working permit?

We have been the main sponsor of Thaivisa.com since 2002. We did over 5,000 work permit applications last year with not one application being rejected in Bangkok. However we still cannot guarantee success as it solely up to the officer. We don’t issue the work permits, the Labor Dept does. With the discretion of the new sheriff at the Labor Dept since Feb. 22nd being more strict, I doubt we’ll bat a thousand per cent again this year. But by knowing what the Labour Dept wants to see, we’ll still come very close to it. If you can’t meet the criteria, we won’t take your case. For instance if you were going to be a consultant and no plans to hire Thai employees. With the limited details you have given if you set up under the Amity treaty and you will hire some Thais. I do not forsee any problems.

www.sunbeltasiagroup.com

[Tod]

From what I read on the differents posts on this forum the amity treaty seems to have expired in 2005. Is that true. They also talk about a 1'000'000 or 2'000'000 bath capitalization for a company registered under that treaty. Could you tell me more about that?

Thank you.

[midas]

The problem is that from what I've red, in order to get a work permit, you need to have a job or qualification that a Thai citizen cant fill. The government is really restrictive regarding the work permits that they give and I dont think that beeing the owner of an internet shop is something that a thai could'nt do.

What do you think about that?

Good question.

I surmise you are going to be the Managing Director. In this case, you will be managing and overseeing your investment. You will have the same rights as Thais have in the USA under the E-2 treaty investor visa to work in the USA by developing and directing the investment they have made.

This is why most people should and do invest in a professional lawyer to guide them thru the inital process and making sure the job description will be accurate and detailed not simply putting " Owner" which would just give part of your business plan and objectives.

www.sunbeltasiagroup.com

Sunbelt, does this situation apply if you are not an American citizen ? If for example there was one

other Thai shareholder with 51 percent but the foreigner invested 100 percent of the capital,

could the foreigner obtain a work permit to " manage and oversee the investment"

and be able to actively participate in the business alongside the 51 percent Thai shareholder?

[midas]

From what I read on the differents posts on this forum the amity treaty seems to have expired in 2005. Is that true. They also talk about a 1'000'000 or 2'000'000 bath capitalization for a company registered under that treaty. Could you tell me more about that?

Thank you.

Hi Tod. i have often wondered about this also.

Do you need to have 1'000'000 or 2'000'000 sitting in a bank account

or how otherwise do they establish the company has this money ?

[Sunbelt Asia]

From what I read on the differents posts on this forum the amity treaty seems to have expired in 2005. Is that true. They also talk about a 1'000'000 or 2'000'000 bath capitalization for a company registered under that treaty. Could you tell me more about that?

Thank you.

The Treaty has not expired and they are still taking applications. It is still 2 million Baht registered capital( even if married to a Thai) However Aug 2009 it will be raised to 3 million Baht registered capital for Americans under the Amity Treaty.

www.sunbeltasiagroup.com

[Sunbelt Asia]

Sunbelt, does this situation apply if you are not an American citizen ? If for example there was one

other Thai shareholder with 51 percent but the foreigner invested 100 percent of the capital,

could the foreigner obtain a work permit to " manage and oversee the investment"

and be able to actively participate in the business alongside the 51 percent Thai shareholder?

Even if you had no shares in the company, you can be hired to be the Managing Director and to manage and oversee the investment of the shareholders.

www.sunbeltasiagroup.com

[Sunbelt Asia]

Hi Tod. i have often wondered about this also.

Do you need to have 1'000'000 or 2'000'000 sitting in a bank account

or how otherwise do they establish the company has this money ?

In August 2009 they will require seeing a cash investment of 3 million Baht per work permit for new applicants. Until that date no evidence is required or having 3 million Baht registered capital.

www.sunbeltasiagroup.com