Retired And/Not Working

[kiwijor]

Hello from New Zealand, I have a question which probably needs to be answered by an Immigration official.

I have been in and out of Thailand since 1985, between 1991 and 2007 I was permanently resident in Thailand.

Currently I am resident in New Zealand with my Thai Wife.

While in Thailand prior to 2007, I discovered and purchased a manual machine for manufacturing Cement stabilized Laterite soil interlocking Blocks to be used for house/building construction.

I have had built since 2007 on short visits to Thailand, a small factory for Block production, in "2012-13" I will be eligible for my Old age Pension [currently 69 years of age.]

When I return to Thailand in 2012 or 2013, I wish to employ locals from my Village to run and work in the Block Factory, I will be present, but unable to carry out any work due to a Heart condition , My question is, Will need a work permit?

Regards Kiwijor.

[JohnC]

The retirement age in New Zealand is 65 if you do not intend to be involved in your company in any way then no work permit needed, if however you want to "" oversee"" any part of the company then you need a work permit and will not be eligible for an extension based on retirement

[kiwijor]

The retirement age in New Zealand is 65 if you do not intend to be involved in your company in any way then no work permit needed, if however you want to "" oversee"" any part of the company then you need a work permit and will not be eligible for an extension based on retirement

Thank you John C,

I would be obtaining a Marriage Visa, not on the grounds of retirement!

As I was absent from Nz during the period from 50 to 65, I do not Qualify for My old age Pension until Feb 14th next year, after I have been resident in Nz for 5years.

There is no Company, I will not be carrying out any "overseeing", the workers will carrying out their work under the supervision of my Brother in law.

Regards Kiwijor.

[CharlieH]

The retirement age in New Zealand is 65 if you do not intend to be involved in your company in any way then no work permit needed, if however you want to "" oversee"" any part of the company then you need a work permit and will not be eligible for an extension based on retirement

Thank you John C,

I would be obtaining a Marriage Visa, not on the grounds of retirement!

As I was absent from Nz during the period from 50 to 65, I do not Qualify for My old age Pension until Feb 14th next year, after I have been resident in Nz for 5years.

There is no Company, I will not be carrying out any "overseeing", the workers will carrying out their work under the supervision of my Brother in law.

Regards Kiwijor.

If you dont go anywhere near it, dont provide comment or advice then you should be fine, if on the other hand you do go anywhere near it in any capacity you need a work permnit.

You have to remember that even volunteers need work permits in Thailand.

You cannot "be present" in any capacity without a work permit, and you wont be employing anyone your brother in law will.

Edited June 9, 2011 by CharlieH

[Sunbelt Asia]

A person with a retirement visa cannot obtain a work permit.

If you wish to own shares in the company but not work as a managing director (ie no signing privileges) and have no responsibilities other than as a shareholder then you would not need a work permit.

However, even if you do not do any work but only have signing privileges for documents related to the company then a work permit is required as it would also be if you intended to work in a a management capacity. You would need to obtain either a non-b visa or a non-o visa based on marriage to a Thai national in order to apply for and obtain a work permit.

[sunbelt][/sunbelt]

[kiwijor]

The retirement age in New Zealand is 65 if you do not intend to be involved in your company in any way then no work permit needed, if however you want to "" oversee"" any part of the company then you need a work permit and will not be eligible for an extension based on retirement

Thank you John C,

I would be obtaining a Marriage Visa, not on the grounds of retirement!

As I was absent from Nz during the period from 50 to 65, I do not Qualify for My old age Pension until Feb 14th next year, after I have been resident in Nz for 5years.

There is no Company, I will not be carrying out any "overseeing", the workers will carrying out their work under the supervision of my Brother in law.

Regards Kiwijor.

If you dont go anywhere near it, dont provide comment or advice then you should be fine, if on the other hand you do go anywhere near it in any capacity you need a work permnit.

You have to remember that even volunteers need work permits in Thailand.

You cannot "be present" in any capacity without a work permit, and you wont be employing anyone your brother in law will.

Thanks CharlieH,

The Factory is directly behind my house, so not being near it would be an impossibility, it seems that even if I have no contact at all I would need a work permit?? maybe this is a case of catch22.

Kiwijor.

[JohnC]

Thanks for the clarification, the way I read it and Im sure someone will correct ,me if I am wrong! is: You will hand over full control of the factory to your brother in law and will play no part in the business whatsever, in which case I see no need for a work permit. When it comes to profit sharing your b-i-l simply pays your wife!

[kiwijor]

Thanks for the reply JohnC, I thought like you,

Regards Kiwijor.

[CharlieH]

Thanks for the reply JohnC, I thought like you,

Regards Kiwijor.

In practice and day to day you are probably right but this is Thailand and you never know who or what mood they are in when they arrive and what they may choose to believe.

If you live that close and are not on the premises then in reality there shouldnt be a problem,and everything goes through the wife.

If it were me I wouldnt run the risk, it takes one phonecall, one disgruntled thai worker, one jealous so and so and your in deep shi*,

Its your call.......do you really want to potentially end up in a Thai sweat box jail at 70 ? or get the right piece of paper and have no worries.

[kiwijor]

Thanks for the reply JohnC, I thought like you,

Regards Kiwijor.

In practice and day to day you are probably right but this is Thailand and you never know who or what mood they are in when they arrive and what they may choose to believe.

If you live that close and are not on the premises then in reality there shouldnt be a problem,and everything goes through the wife.

If it were me I wouldnt run the risk, it takes one phonecall, one disgruntled thai worker, one jealous so and so and your in deep shi*,

Its your call.......do you really want to potentially end up in a Thai sweat box jail at 70 ? or get the right piece of paper and have no worries.

Hi CharlieH, I wholeheartedly agree with you, whilst I think I would be ok, it's not worth the risk! better I get a work Permit, then I can do as I like.

Regards Kiwijor.