Working For Vs. Working With

[mrlob]

Hello everyone,

This year I hope to be one of you... that is to say living in Thailand. I (Dutch / Netherlands) am currently living in China with my long term girlfriend and her daughter (both South African).

Ideally what I would like is a visa that would allow us to stay for the longest period of time, without having to do cross border runs (although once every 6 or 12 mths would be acceptable I guess).

Please can you help me clarify a few things. I'm confused as to whether we will actually need a work permit.

I'm self employed, my company works with US companies that buy product from Thai companies for export to the west. The US companies pay us for managing their outsourced supply chain. My girlfriend works with me in my company so is in the same boat but is an employee rather than a partner/shareholder. Her daughter is 9yrs old so qualifies as a dependent.

I would like to be in Thailand for a few years, to work WITH the suppliers in Thailand and not FOR the suppliers. In other words I won't be drawing a salary from them. So I gather that this means we must enter Thailand on non-immigrant B visas but does this mean I do NOT need a work permit? Can we then apply for 12 mth stay (without work permit)? If I DO need a work permit are the whole process and necessary documents identical to someone who is being hired by a Thai company?

One of the Thai companies has offered to apply for us for work permits etc as if we were actually working at their company but I have some concerns with this approach:

1. Obviously it's illegal so penalties and jail terms are possible

2. The company says it will cost us US$3000 (US$1000 per person) which sounds like they've marked up a heck of a lot to cover their time etc.

Any constructive input much appreciated.

Thanks

[lopburi3]

The longest visa entry to Thailand would be 90 days. And you would all have to qualify on your own. You can not work here regardless of visa without a work permit and that would require working for a company in Thailand (or a branch office). Only with work could you qualify for extension of stay and then have means to provide dependent extensions for family.

There is a provision for one parent to accompany a student here if they have 500k Baht in a Thai bank account.

There is a provision for 90 day extensions of stay for part time students of language.

But without employment/work permit any work would be illegal.

[PoorSucker]

You must set up a company in Thailand.

Two million baht in capitalization / working foreigner.

Four thai employees / working foreigner.

Then you can apply for WP and after that non-immigrant B multiple entry visa.

For extension of stay the company must have two years of audited books.

Here's some links with all the paperwork you must deliver.

Non-Immigant B visa.

Work Permit Application

Contact sunbelt asia (banner on Thaivisa.com) for professional help.

[Soutpeel]

The longest visa entry to Thailand would be 90 days. And you would all have to qualify on your own. You can not work here regardless of visa without a work permit and that would require working for a company in Thailand (or a branch office). Only with work could you qualify for extension of stay and then have means to provide dependent extensions for family.

There is a provision for one parent to accompany a student here if they have 500k Baht in a Thai bank account.

There is a provision for 90 day extensions of stay for part time students of language.

But without employment/work permit any work would be illegal.

Lopburi 3 - Stand to be corrected here, but could the OP set up a representative office here for the purposes he intends ??....I know it doesnt change the visa and work permit requirements, but would get him around Capitalisation requirements and number of Thai employees etc etc...just a thought...

OP...go and have a talk with a legal office and see if the above is a possible...

Lekker dag

Soutie

[bellste]

You must set up a company in Thailand.

Two million baht in capitalization / working foreigner.

Four thai employees / working foreigner.

Then you can apply for WP and after that non-immigrant B multiple entry visa.

For extension of stay the company must have two years of audited books.

Here's some links with all the paperwork you must deliver.

Non-Immigant B visa.

Work Permit Application

Contact sunbelt asia (banner on Thaivisa.com) for professional help.

Some Thai people must own at least 51% of the company. A Dutch can not own a company in Thailand.

[Soutpeel]

You must set up a company in Thailand.

Two million baht in capitalization / working foreigner.

Four thai employees / working foreigner.

Then you can apply for WP and after that non-immigrant B multiple entry visa.

For extension of stay the company must have two years of audited books.

Here's some links with all the paperwork you must deliver.

Non-Immigant B visa.

Work Permit Application

Contact sunbelt asia (banner on Thaivisa.com) for professional help.

Some Thai people must own at least 51% of the company. A Dutch can not own a company in Thailand.

Not if its representative office they dont...

[mrlob]

Thank you everyone for your help.

On the MFA website (http://www.mfa.go.th/web/2482.php?id=2492) they do make a distinction between working for and working with a Thai company. So I thought there would be a provision for someone in my position... but what I am hearing from you guys is that you can't work (or stay longer than 90 days) without a work permit and you can't get a work permit without being employed by a Thai company, is that right?

Can you get back to back 90 day stays on Non immigration B visas relatively easily?

[mrlob]

has anyone ever heard of surprise inspections at companies employing foreigners to make sure the foreigners are actually working there?

[Mario2008]

Not to ensure theyare working there, more to ensure that their are no people illegally working there (without WP).

[mrlob]

yes that makes sense, but what if I am "employed" by a Thai company and have got the work permit but I am not there when I am supposed to be...

[Mario2008]

yes that makes sense, but what if I am "employed" by a Thai company and have got the work permit but I am not there when I am supposed to be...

Everybody is out for lunch, goes on holiday, works a day at home etc sometimes.

As for you earlier question, correct you can't work without a work permit. But believe some sales persons do not need a work permit, if they regularly travel to Thailand and trade between Thailand and other countries, not trade within Thailand itself (domestic market).

Ask advice of a law firm for what your best options are.

[lopburi3]

I believe recent reports were they allowed a three or four hour window to find missing employees.