Can Foreigner Husband Engage In Prohibited Business Listed For Foreigner?

[KhunHay]

Hi,

I read from Thai Embassy that foreigner are prohibited to engage in food business in Thailand but what if the foreigner is married with his Thai partner?

Under marriage, is the foreigner eligible to own a eatery restaurant or work in the restaurant owned by the wife if the foreigner is not allow to own any eatery restaurant?

Can a non limited company employ and apply for WP for her foreign husband? Any clarification are apprecaited.

[Sunbelt Asia]

A majority owned Thai limited company with capitalization of 1 million Baht and 4 Thai employees is eligible for a work permit for a foreigner married to a Thai national. Other forms of businesses such as limited partnerships and sole proprietorships generally cannot obtain work permits.

This is the list of restricted occupations, restaurants and food preparation are not listed here:

Under Thai Law foreigners are prohibited to engage in any of the following occupations.

1. Manual work
   
2. Work in agriculture, animal husbandry, forestry or fishery excluding specialized work in each particular branch or farm supervision
   
3. Bricklaying, carpentry or other construction works
   
4. Wood carving
   
5. Driving mechanically propelled carried or driving non-mechanically-propelled vehicle, excluding international aircraft piloting
   
6. Shop attendance
   
7. Auction
   
8. Supervising, auditing or giving service in accountancy excluding internal auditing on occasions
   
9. Cutting or polishing jewelry
   
10. Haircutting, hairdressing or beauty treatment
    
11. Cloth weaving by hand
    
12. Weaving of mate or making products from reeds, rattan, hemp, straw or bamboo pellicle
    
13. Making of Sa paper by hand
    
14. Lacquer ware making
    
15. Making of Thai musical instrument
    
16. Niello ware making
    
17. Making of products from gold, silver or gold-copper alloy
    
18. Bronze ware making
    
19. Making of Thai dolls
    
20. Making of mattress or quilt blanket
    
21. Alms bowls casting
    
22. Making of silk products by hand
    
23. Casting of Buddha images
    
24. Knife making
    
25. Making of paper of cloth umbrella
    
26. Shoemaking
    
27. Hat Making
    
28. Brokerage or agency excluding brokerage or agency in international trade business
    
29. Engineering work in civil engineering branch concerning designing and calculation, organization, research, planning, testing, construction supervision or advising excluding specialized work
    
30. Architectural work concerning designing, drawing of plan, estimating, construction directing or advising
    
31. Garments making
    
32. Pottery or ceramic ware making
    
33. Cigarette making by hand
    
34. Guide or conducting sightseeing tours
    
35. Street Vending
    
36. Type setting of Thai characters by hand
    
37. Drawing and twisting silk-thread by hand
    
38. Office or secretarial work
    
39. Legal or lawsuit services
    

From the Alien Occupational Control Division, Department of Employment, Ministry of Labour and Social Welfare.

[sunbelt][/sunbelt]

[Mario2008]

A lot comes down on the actual job and job description. You can be for example be employed as cook, if the company qualifies for a work permit.