Do I Need A Work Visa?

[kevandmay]

Hi

I am looking at getting a bar or guest house and it will all be in my wifes name, someone told me I need a work visa just to live there, and others say I dont need to bother about it. If we have a bar/restrant im not going to be behind the bar or doing any cooking, if it was a guest house I'd prob be just wandering around chatting to people! ok so may be I'll have to do a little bit!

where I stay already I know it would never be a prob, but if we was to go somewhere say like phuket would i get in trouble??

thanks Kev

[Upnotover]

Depends very much on where it is and what type of bar it is. I know guys who very actively "work" in their bars, serving drinks, cooking ,cleaning, etc, without any work permits, and know others who've been hauled off to the clink just for greeting customers. Not sure there is a definitive answer, probably someone in the business can advise best.

[Spoonman]

As per Upnotover, it can go both ways.

If there is a possibility to get a work permit I would get one as it will allow you some freedom to do what you want, besides that it will be a hella amount cheaper than getting pinged just once for not having it.

[Soutpeel]

Yeap think you may be treading a fine line not having a WP......As to needing a WP to live there....no you don't strictly speaking, but all it takes is an "official" to perceive you may be "working" and could life difficult for you.....My suggestion would be if you can get a WP then take it...

[geoffphuket]

.....and foreigners can get a work permit to work in a bar?

[brewsterbudgen]

.....and foreigners can get a work permit to work in a bar?

Of course they can. There are plenty of foreigners working legally in bars, particularly in Pattaya.

[Soutpeel]

.....and foreigners can get a work permit to work in a bar?

All depends on what sort of bar/restaurant and what their job title is...if you are talking about a "beerbar" type place most likely not.....but the OP is talking about a guest house

[geoffphuket]

.....and foreigners can get a work permit to work in a bar?

Of course they can. There are plenty of foreigners working legally in bars, particularly in Pattaya.

Surely working in a bar is a job reserved for Thais?

[Mario2008]

It all comes down to the job describtion.

The law states a few jobs you can't do, but dooesn't describe what that function is. You can't be a lawyer, but you can give legal advise.

[NanLaew]

^^ Assuredly it isn't.

[geoffphuket]

It all comes down to the job describtion.

The law states a few jobs you can't do, but dooesn't describe what that function is. You can't be a lawyer, but you can give legal advise.

A few jobs you can't do? Don't you mean 95%. Whatever, to work in a bar means obtaining a work permit under false pretences. Fine if you get away with it

[CharlieH]

As already said, some get away with it some dont., some have been jailed just for shaking someones hand and greeting.

You have to balance the risk and the penalty. Remember its not just where you set up but who's toes you might be stepping on by doing so ?

Thais especially in business can be very jealous and very territorial.

Personally I would ensure that everything is legit or you may work hard and spend alot of money for nothing, well, your wife will be fine but as for you..........who knows as it wil largely depend who is interpretting the law and what they want on the day and the mood they are in and who they are related to, totally unpredictable as with most Thai officials.

Do it as right as you can and their should be no issues.

[Spoonman]

to work in a bar means obtaining a work permit under false pretences. Fine if you get away with it

Yeah its called manager and entertainment director, something the locals don't seem to be capable off.

[tombkk]

It all comes down to the job describtion.

The law states a few jobs you can't do, but dooesn't describe what that function is. You can't be a lawyer, but you can give legal advise.

A few jobs you can't do? Don't you mean 95%. Whatever, to work in a bar means obtaining a work permit under false pretences. Fine if you get away with it

It's not false pretense if you tell the truth. If you manage the bar, you are working as a manger. If you greet customers, you work as a Customer Relationship Manager, and you will most likely focus on international customers. You could also be sales manager.

I agree with other posters saying that the OP should apply for the WP, even though some people in some towns get away without it. Why would he want break the law and take the risk that a disgruntled employee or a policeman with a bad hair day gives him trouble?

Edit: Teh OP does not need a "Work Visa", this does not exist in Thailand. He needs a "Work Permit" (WP).

[kevandmay]

Thanks for the info guys......

like u say someplaces it would be ok and someplaces not, and yes I think it would be better if I did so I dont end up in trouble. So what ur saying is that to get a work permit u have to be doing something that thais dont do so well like managing!! but just to work behind the bar is taking jobs away from the locals, kind of the same when I was in Oz years ago, my boss could not sponcer me because it was not a job on the list of trades needed in the country.

Does any one know if you have to have money in the bank to get the permit, like u do if u want a marrage visa?

Has any one ever got a work permit? what do you need to do to get it?

thanks kev

[PoorSucker]

Thanks for the info guys......

like u say someplaces it would be ok and someplaces not, and yes I think it would be better if I did so I dont end up in trouble. So what ur saying is that to get a work permit u have to be doing something that thais dont do so well like managing!! but just to work behind the bar is taking jobs away from the locals, kind of the same when I was in Oz years ago, my boss could not sponcer me because it was not a job on the list of trades needed in the country.

Does any one know if you have to have money in the bank to get the permit, like u do if u want a marrage visa?

Has any one ever got a work permit? what do you need to do to get it?

thanks kev

You can get a WP on your non-O based on Marriage / Extension of stay based on marriage.

1. The business must be registered in Thailand.

2. The company must be capitalized to at least Baht 2 Million while operating fund must be at least Baht 1 Million.

3. The company must have a ration of at least 4 : 1 - Four Thais for every foreigner.

[mallyrd]

Thanks for the info guys......

like u say someplaces it would be ok and someplaces not, and yes I think it would be better if I did so I dont end up in trouble. So what ur saying is that to get a work permit u have to be doing something that thais dont do so well like managing!! but just to work behind the bar is taking jobs away from the locals, kind of the same when I was in Oz years ago, my boss could not sponcer me because it was not a job on the list of trades needed in the country.

Does any one know if you have to have money in the bank to get the permit, like u do if u want a marrage visa?

Has any one ever got a work permit? what do you need to do to get it?

thanks kev

You can get a WP on your non-O based on Marriage / Extension of stay based on marriage.

1. The business must be registered in Thailand.

2. The company must be capitalized to at least Baht 2 Million while operating fund must be at least Baht 1 Million.

3. The company must have a ration of at least 4 : 1 - Four Thais for every foreigner.

This is the first seneible response. You cannot think about a WP unless your guetshouse/bar is run as a limited company. I do not agree with the issue of paid up capital, there are many ways around this. The same applies to the number of Thais employed, if you are legally wed to the sponser then only two Thais are required to be employed.

[PoorSucker]

Thanks for the info guys......

like u say someplaces it would be ok and someplaces not, and yes I think it would be better if I did so I dont end up in trouble. So what ur saying is that to get a work permit u have to be doing something that thais dont do so well like managing!! but just to work behind the bar is taking jobs away from the locals, kind of the same when I was in Oz years ago, my boss could not sponcer me because it was not a job on the list of trades needed in the country.

Does any one know if you have to have money in the bank to get the permit, like u do if u want a marrage visa?

Has any one ever got a work permit? what do you need to do to get it?

thanks kev

You can get a WP on your non-O based on Marriage / Extension of stay based on marriage.

1. The business must be registered in Thailand.

2. The company must be capitalized to at least Baht 2 Million while operating fund must be at least Baht 1 Million.

3. The company must have a ration of at least 4 : 1 - Four Thais for every foreigner.

This is the first seneible response. You cannot think about a WP unless your guetshouse/bar is run as a limited company. I do not agree with the issue of paid up capital, there are many ways around this. The same applies to the number of Thais employed, if you are legally wed to the sponser then only two Thais are required to be employed.

Correct, 2 employees if married to Thai Citizen and only one Million in company capital.

If the marriage has been legally registered in the Amphur.

De facto marriages and temple marriages does not count.

[kevandmay]

Thanks for the info guys......

like u say someplaces it would be ok and someplaces not, and yes I think it would be better if I did so I dont end up in trouble. So what ur saying is that to get a work permit u have to be doing something that thais dont do so well like managing!! but just to work behind the bar is taking jobs away from the locals, kind of the same when I was in Oz years ago, my boss could not sponcer me because it was not a job on the list of trades needed in the country.

Does any one know if you have to have money in the bank to get the permit, like u do if u want a marrage visa?

Has any one ever got a work permit? what do you need to do to get it?

thanks kev

You can get a WP on your non-O based on Marriage / Extension of stay based on marriage.

1. The business must be registered in Thailand.

2. The company must be capitalized to at least Baht 2 Million while operating fund must be at least Baht 1 Million.

3. The company must have a ration of at least 4 : 1 - Four Thais for every foreigner.

This is the first seneible response. You cannot think about a WP unless your guetshouse/bar is run as a limited company. I do not agree with the issue of paid up capital, there are many ways around this. The same applies to the number of Thais employed, if you are legally wed to the sponser then only two Thais are required to be employed.

Correct, 2 employees if married to Thai Citizen and only one Million in company capital.

If the marriage has been legally registered in the Amphur.

De facto marriages and temple marriages does not count.

yeah we had to get all the papers from British Embasy because we were going to come to the uk for the summer but as my wife is pregnant she was not given one, but thats another story and I dont want to piss my self off or say anything bad about my embasy!

[Rastaputin]

Correct, 2 employees if married to Thai Citizen and only one Million in company capital.

If the marriage has been legally registered in the Amphur.

De facto marriages and temple marriages does not count.

That interesting. Where do I find out more about these different rules for the married?

[tombkk]

If you use a lawyer to make your work permit (recommended for the first time), he or she will know. Otherwise, you can either check the website of the Labour Department or go there in person. In the latter case, they might have a list in Thai and English of the documents you need to bring to apply for the WP under different circumstances. (They used to, but I don't know whether they still do.)

[monty]

Thanks for the info guys......

like u say someplaces it would be ok and someplaces not, and yes I think it would be better if I did so I dont end up in trouble. So what ur saying is that to get a work permit u have to be doing something that thais dont do so well like managing!! but just to work behind the bar is taking jobs away from the locals, kind of the same when I was in Oz years ago, my boss could not sponcer me because it was not a job on the list of trades needed in the country.

Does any one know if you have to have money in the bank to get the permit, like u do if u want a marrage visa?

Has any one ever got a work permit? what do you need to do to get it?

thanks kev

You can get a WP on your non-O based on Marriage / Extension of stay based on marriage.

1. The business must be registered in Thailand.

2. The company must be capitalized to at least Baht 2 Million while operating fund must be at least Baht 1 Million.

3. The company must have a ration of at least 4 : 1 - Four Thais for every foreigner.

This is the first seneible response. You cannot think about a WP unless your guetshouse/bar is run as a limited company. I do not agree with the issue of paid up capital, there are many ways around this. The same applies to the number of Thais employed, if you are legally wed to the sponser then only two Thais are required to be employed.

Not true, there are other possibilities to get legally employed.

You can get a WP working for a natural Thai person (operating a sole proprietorship), if turnover in the previous year was over 700,000 Baht, or taxes paid were over 50,000 Baht, or if she/he employs 4 Thais or more. Again, also halved if the WP applicant is married to a Thai National.

Admittedly, to get this would likely require the assistance of a pretty knowledgeable person, as this way obviously isn't done so much, and officialdom here can be reluctant or even dream up non existent requirements!

And it is not true you have to be married to the sponsor, the applicant simply has to be married to a Thai national!