How To Get A Work-permit As Self-employed?

[Thotsarot]

Hi. I'm Spanish and I'm moving to Thailand with my Thai wife. I'm planning to work as Self-Employed.

I think that I will need two kind of permits:

1.- Visa

After reading the information at the Thai Ministery of Foreing Affairs web, I understand that I will need a Non-Inmigrant Visa category "O" with the purpose to stay with the family.

What is the best option: to apply for this visa before arriving to Thailand, or to travel as tourist and apply inside the country?

We got married in Thailand 8 years ago, so the marriage certificate will not need to be translated. I will make sure to get the other required documents as birth certificate and evidence of finance. (I assume that the requirements labelled different than "O" do not apply in my case).

It says that this visa is valid for 90 days. I hope that it will be easy to get the extension of stay at the Inmigration Bureau in Bangkok. It says that they give it "at the discretion of the Immigration officer". What kind of discrection is this?

2.- Work Permit

I've read that it's virtually impossible for a foreigner to be Self-Employed in Thailand. Is there any difference as married with a Thai national?

I'm also wondering if the list of jobs that are not allowed to foreigners will also appy in this case (I will be a software programmer, and my customers will be in Spain and Thailand).

Thank You very much

[Maestro]

Thotsarot, this is how I see it:

1. Visa and permission to stay

a) Get a non-immigrant visa type “O”. Reason for the trip: “visit family”. On arrival in Thailand you get permission to stay for 90 days.

During the last 30 days of your permission to stay, apply at your local immigration office for an annual extension of stay for the reason of living with your Thai wife. See clause 2.18(6) of Police Order 777/2551 for the requirements.

2. Work permit

Even being married to a Thai does not make it possible to get a work permit as a self-employed person, but the requirements are less strict. Your employer, which can be your own company, needs only two Thai employees, which could for example be your wife plus one other person (maid, etc)

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Maestro

[PoorSucker]

Thotsarot, this is how I see it:

1. Visa and permission to stay

a) Get a non-immigrant visa type “O”. Reason for the trip: “visit family”. On arrival in Thailand you get permission to stay for 90 days.

During the last 30 days of your permission to stay, apply at your local immigration office for an annual extension of stay for the reason of living with your Thai wife. See clause 2.18(6) of Police Order 777/2551 for the requirements.

2. Work permit

Even being married to a Thai does not make it possible to get a work permit as a self-employed person, but the requirements are less strict. Your employer, which can be your own company, needs only two Thai employees, which could for example be your wife plus one other person (maid, etc)

--

Maestro

Also the capital in the balance sheet for your new company only needs to be 1 Mthb instead of 2 Mthb.

[Thotsarot]

Thank you very much for the answers!

Also the capital in the balance sheet for your new company only needs to be 1 Mthb instead of 2 Mthb.

That's not easy: our savings are smaller than that. How can I increment the balance sheet BEFORE I set up the new company? I'm not supposed to work without the work permit! and my customers will not pay without a proper bill. That makes me think about another possibility: my wife could be the self-employed, since most of the time I'll work at home.

Anyway, I'm going to start reading the information regarding "Setting up a Thai Private Company Limited", to study the possibilities.

Thanks!

[Maestro]

The simplest form of a juristic person for your wife to set up would be a sole proprietorship.

Inexpensive alternatives, which would allow you to be a registered partner in the company, would be an Ordinary Partnership or a Limited Partnership. I suggest that for a star you click around the websites of the two law firms sponsoring this forum, Sunbelt Asia and Siam Legal, and/or otherwise search the web for relevant information. The website of Thai government’s Department of Business Development may also be useful.

Depending on the net income you generate you may want to look into the possibility of incorporating in a tax haven like Andorra or the Isle of Man. I remember seeing advertisements in The Economist of companies that help with this for a fee. Delaware, USA would be another possibility if you have no business in the USA.

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Maestro

[Maestro]

Also the capital in the balance sheet for your new company only needs to be 1 Mthb instead of 2 Mthb.

That's not easy: our savings are smaller than that. How can I increment the balance sheet BEFORE I set up the new company? ...

The capital does not have to be fully paid up for the company registration. Furniture and equipment counts as capital. I believe you can even put a value on your know-how and count it as capital. Except for a sole proprietorship, you will need an accountant and most likely also a lawyer to set up the company and they will be able to advise you professionally on these matters.

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Maestro

[lopburi3]

my wife could be the self-employed

That does not help your work permit or extension of stay status. The employed person must be the foreign husband if using income for extension of stay under this years rules. So 400k in a Thai bank account seems to be your option for extension of stay until/if you can set up company and provide income proof.

[Thotsarot]

The partnership looks an interesting option. Anyway, I'm finally going to consult a legal advisor, since It doesn't look as as simple as here. Any foreigner married with a EU national has inmediate residence permit, and the right to work or set-up a private business as self-employed.

I didn't know that Thai labor law were so protective! even with the husband of a Thai citizen.

Thank you very much for all the information.

[Sophon]

Any foreigner married with a EU national has inmediate residence permit, and the right to work or set-up a private business as self-employed.

That is not true.

Sophon

[Sophon]

Any foreigner married with a EU national has inmediate residence permit, and the right to work or set-up a private business as self-employed.

That is not true.

Sophon

I just reread you post, and if you With "here" are referring to a specific country, then your statement may be true. But if you are implying, that any foreigner married to a "EU national" has immediate right to a residence permit in that foreigners country, then it's not true.

My apologies if I have misunderstood you.

Sophon

[PeaceBlondie]

The exact details do not matter as much as the opening poster's realization that he is not in Kansas any more -a phrase I used on Spaniards touring Mayan ruins in Mexico.

[PoorSucker]

Also the capital in the balance sheet for your new company only needs to be 1 Mthb instead of 2 Mthb.

That's not easy: our savings are smaller than that. How can I increment the balance sheet BEFORE I set up the new company? ...

The capital does not have to be fully paid up for the company registration. Furniture and equipment counts as capital. I believe you can even put a value on your know-how and count it as capital. Except for a sole proprietorship, you will need an accountant and most likely also a lawyer to set up the company and they will be able to advise you professionally on these matters.

--

Maestro

Correct.

Goodwill. patents, etc, can go on the assets part of the balance sheet.

Problem is that with rules after 2006 the Thai partner(s) have do the same.

So "I have a long experience as taxi driver" does not count anymore, (If you not have a taxi business.)

I have a friend moving to Europe this summer and has a vintage company for sale.

PM me if interested, transfer 49% stock to you and 51% to your wife.

[Thotsarot]

Any foreigner married with a EU national has inmediate residence permit, and the right to work or set-up a private business as self-employed.

That is not true.

Sophon

Yes, you're right. I should have specified "some EU countries" and not "EU". I forgot that there are "islands" at the EU, and they don't even use Euro currency!