Moving to thailand

[stroke]

Hi,

I am intending on moving to Thailand in the near future and so was wondering if someone could help out with the different types of visas available.

A little background: I'm from Australia, 38 years old and have a Thai gf. By the time I make the move (within the next few months) I'll have a bit of money in the bank ( don't know if that makes any difference ). My intention is to open up a bar in Patong but have it in my gf's name ( yes, I do trust her ! ).

I've been reading about the Non-Imm 'O' visa, but don't know if I would qualify. Who does qualify for such a visa ? Am I better off applying for a tourist visa and then doing a visa run after 60 days ( or 90 with an extension ) ? From what I'm reading, it's appears to be getting difficult to keep re-applying for tourist visas on a visa run so is it possible to apply for an 'O' type on a visa run if having initially entered on a tourist visa, ie after the initial 60 days ?

Any help would be greatly appreciated,

Thanks

[lopburi3]

GF gets you nothing.  Bar gets you nothing (minus points perhaps).  You would probably be well advised to rethink your plans under the current conditions (which is that only persons working in legal trades on proper visas are welcome).  Things might turn around again but at this time do not believe you have many options.

Nothing in your post would qualify you for a non immigrant visa and that would not qualify you to work without a work permit anyhow.

[Sunbelt Asia]

Hi Stroke,

I’m sure our firm can help you after exchanging e-mails withh our firm. (Were sponsors of this forum)  We have helped many people like you. As you are looking for business opportunities for your girlfriend, Sunbelt Asia can probably sponsor you for an “O” visa.   The qualifications that we would need to provide to the Consulate is our own companies financial info, VAT, shareholders list and sponsor letter for your application of an “O” visa. In Australia you’ll usually always get a one year multiple entry visa rather than ninety days. Feel free to e-mail our firm and our legal department will be glad to help you.

By the way, the "O" visa can work for a work permit application after your GF owns the bar. As long as you are doing a job that a Thai can't do...Landlord (manager of the bar), musician of niche music, foreign relations director, etc.

.

[mrentoul]

I suppose differences of opinion such as these are healthy, if confusing for the newcomer. On the one hand we have a regular poster saying any westerner wanting to open a bar and obtain a non-immigrant B should forget it.

On the other hand Sunbelt, the forum sponsor, says it will help the individual with his business plans and even sponsor him for a visa.

But how is it possible for two posts to be so different? Here's Lopburi:

Nothing in your post would qualify you for a non immigrant visa and that would not qualify you to work without a work permit anyhow.

And now here's Sunbelt, with exactly the opposite:

By the way, the "O" visa can work for a work permit application after your GF owns the bar. As long as you are doing a job that a Thai can't do...Landlord (manager of the bar), musician of niche music, foreign relations director, etc.

Of course it can. We come across this problem again and again on this board: some people advocating the ''formal'' (and strictly legal) way, seldom observed, while others advocate the ''informal'' way (not perfectly legal, but widely observed).

Work out the risks of doing it the informal way, then make your decision.

[Sunbelt Asia]

I'm talking the legal way.  So think you’re wrong on your understanding… formal or informal. We do it every day of the week. Stop by our office and our lawyers will show you.. its possible to get a work permit on an "O" or "B" visa and yes if that’s as a manger of the bar or restaurant. The key was he said he had money so no problem with the 2 million baht registered capital needed. I've lost count of the work permits that I know a restaurant or bar has applied for their manager. No loopholes, no tricks… just having lawyers who know how to fill out the paperwork.

[keestha]

deleted

[keestha]

Sorry for the previous post, I just hit the wrong button.

My intention is to open up a bar in Patong but have it in my gf's name

its possible to get a work permit on an "O" or "B" visa and yes if that’s as a manger of the bar or restaurant. The key was he said he had money so no problem with the 2 million baht registered capital needed.

Sunbelt,

Stroke stated that he wanted to put the bar in his gf's name, am I right in supposing now that you want to tell him to put it in a still to be established company's name instead, for which the minimally required registered capital is 2 million Bath indeed?

Besides that, I think it is questionable if in Phuket a work permit will be given out on the basis of a simple Patong beerbar, assuming that is what Stroke has in mind.

It wouldnt be a bad idea if Stroke or his gf would go for advice to a reputable Phuket law firm, such as the International Law Office, details can be found through the internet, for instance via the website of the Phuket Gazette. In no way I want to belittle Sunbelt's expertise, but a local Phuket law firm might be better informed about how the law is applied in Phuket province.

[mrentoul]

The key was he said he had money so no problem with the 2 million baht registered capital needed. I've lost count of the work permits that I know a restaurant or bar has applied for their manager. No loopholes, no tricks… just having lawyers who know how to fill out the paperwork.

I was not for one moment suggesting you are doing anything shady. I should have pointed that out. I was merely trying to explain to the poster why two posts could offer such conflicting information.

If he has the two million baht registered capital needed then I am sure he will have no problem (that did not come across in his post). If he can qualify as an investor then good luck to him.

Would you consider sponsoring him for a visa on any other basis eg if he were to set up the business in his girlfriend's name?

[Sunbelt Asia]

“Stroke stated that he wanted to put the bar in his gf's name, am I right in supposing now that you want to tell him to put it in a still to be established company's name instead, for which the minimally required registered capital is 2 million Bath indeed?"

I surmised he will be setting up a limited company and put it in his GF name as a majority shareholder. If he wanted to get a work permit, he would need to register as a limited company. That’s still a big question if he wants to work. Even if it was not interested in getting a work permit. Our lawyers would recommend him to form a limited company as a minority shareholder he still can control the business. A) With different class of shares and voting rights he is being the only director to bind the company C) the sole signature on the bank account. The reason for a limited company rather than a sole individual is…. people die, accidents happen and people do break up.    

"Besides that, I think it is questionable if in Phuket a work permit will be given out on the basis of a simple Patong beerbar, assuming that is what Stroke has in mind."

If it’s a simple beer bar then it would be more complicated. As long as he put 2 million in a bank account as paid up capital. The limited company was a holding company for the beer bar, it still is possible. Certainly less cumbersome with a larger venue. Still as a Managing Director he could qualify.  

"It wouldnt be a bad idea if Stroke or his gf would go for advice to a reputable Phuket law firm, such as the International Law Office, details can be found through the internet, for instance via the website of the Phuket Gazette. In no way I want to belittle Sunbelt's expertise, but a local Phuket law firm might be better informed about how the law is applied in Phuket province. "

Sure I even advocate it. His original question was on a “O’ visa and still has not even indicated he wants to work. He does not have to!  However, we have an office in Phuket and our lawyers have done a number of work permits in Phuket. As Phuket is renowned for their discretion rulings. A number of other law firms in Phuket have even set up a head office for the Limited Company in Bangkok. Get the individual the work permit in Bangkok and then transfer the permit to the new branch in Phuket.

[Sunbelt Asia]

"I was not for one moment suggesting you are doing anything shady. I should have pointed that out. I was merely trying to explain to the poster why two posts could offer such conflicting information."

Really Laughing out loud. I didn't even think you were. Sometime words in print are taken out of their meaning. :-)  

"If he has the two million baht registered capital needed then I am sure he will have no problem (that did not come across in his post). If he can qualify as an investor then good luck to him."

As he stated " I'll have a bit of money in the bank" I read into it he does have the funds. Thats speculation but thats what my comments were based on.

Would you consider sponsoring him for a visa on any other basis eg if he were to set up the business in his girlfriend's name?

No. Because our business is helping people acquire a business.  If he wanted an "O" visa to just live here. Then other visas could be appropriate. Our lawyers could advise him on the correct visa but we could not sponsor him.