Work permit & thai company set up

[qwe]

Hi,

My apologies if the question has already been addressed in previous discussions, needless to say, I need youe help.

My wife is setting up a Thai business (she's Thai), totally legal, fruit plantations and a little office, export etc. in Songkla. She'll be investing 150,000 Baht initially, hire around 20 workers and so on. With her experince as an admin manager in BKK, she'll be handling the admin side of things herself.

She reckons that she could get me a work permit through her company. Can this be done and what occupations are granted a work permit?

I hope the masters from Sunbelt & Indo-Siam can give some input and perhaps others as well.

Thanks a lot.

[kwiz117]

Until you get an exact answer from experts, let me write what I know.

Any Company who wish to employ an expatriate staff [which means to apply for work permits] need to fulfill set of minimum requirements.

1.Company should have a certain level of minimum Share Capital. [ If I remember correct it is 10 million Bht Share Capital for 1 work permit]

2.Company should submit the last audited Balance Sheet and an Organization Chart with a new position for you and get this position approved.

3.This position should not come under the list of prohibited professions for Aliens. [ If I remember correct positions related to agriculture comes under this list]

4.Also the Position should attach with a list of responsibilities and generally Thai people should not be able to do this type of work for the Company. In other words Company should convince the officer, why they want to employ an Expatriate instead of a Thai for the stated position.

5.Company should also have a minimum number of Thai people already employed. [ I am not sure about the numbers]

6. Company should pay you a minimum Salary and related Taxes and social security contributions. [ If I remember correct this is 60,000 Bht p/m now]

Hope above will give you some basic idea though my answer does not contain the exact numbers.

[Indo-Siam]

qwe -

In short, the answer is "Yes".  You can get a  work permit to work for her company.

To allow a work permit for you, company must be capitalized at a minimum of 2 million baht (you are supposed to pay this in to a corporate bank account, but many people do not).  And it must employ at least four Thais.

Company will have to be paying income tax withholding and social fund contributions for your salary, which will have to satisfy qualifying minimums that vary by your nationality (the highest required salary is 60,000 baht per month).  They do not actually have to pay you any salary, but they must be paying taxes as if they are!.

You will have to have a non-immigrant entry permit to apply for the work permit - a Class O visa is fine (I am extended for purposes of employment from an initial entry permit granted against an "O" visa).

Concerning justifying your job, simply state that you are the export coordinator, with many English-speaking contacts and personal relationships overseas.  That will qualify you.

Good luck!

Steve Sykes

Managing Director

Indo-Siam Group

Bangkok

[email protected]

[Sunbelt Asia]

Good answer Steve. The only thing I would add. I question if you're making the investment yourself? Have safeguards...people die, breakups do happen. Corporations do not die and many ways you can control the business legally and your interests. Not romantic advice but being in business ,seldom is. A good corporation has thought of any problems before they occur.