Work Permit For Alien Business Operating In Thailand?

[Joyeuss]

Hi all, I am trying to work out how to legally work in Thailand. My sister and I have a retail business in Australia, she runs Australian businesses and I run the Thailand operations. My husband is Thai, and we have been living together for 2 years. Do I need a work permit to manage suppliers in Thailand? Or am I exempt because it is a foreign business with a foreign address, business number, and paying tax to Australia.??

Also, if I am required to have a WP, and I able to work for two companies on the one permit? I have had a job offer to act as an English spokesperson and editor for an adventure company. Would I be allowed to have both jobs on the permit?

Any help would be much appreciated as if I am to accept this job, I will be required to go to Australia for on a business and marketing trip with one of the Thai employees at the beginning of September.

THANKS

[Mario2008]

A Businessman making contracts between a foreign and Thai company doesn't need a work permit, but you seemed to be based in Thailand and act as local representative of a foreign company. For that you would need a work permit.

For how to go about might be best to contact a legal agency to guide you through the motions.

A work permit can list more then 1 employer, but you need to have approval of the first employer. So best is to get the work permit for the representative job and then add the other job.

[Joyeuss]

So because I personally live here, I would need to get a work permit?!

There is not issue with either of the companies for me to work 2 jobs, its just trying to find my way through the process of it all.

Also, with a work permit, is it mandatory to have a university degree? I completed secondary college but have put my university studies on hold.

[Mario2008]

It depends a bit on the labour office, but officially there is no need for a university degree.

[Joyeuss]

Ahhh, only for teachers then.

How do work permits work with visas? I have been reading the posts but I am still confused. Each year do I have to pay for new visa? Or can I apply for a visa extension based on my employment?

Also when I apply for 1 year extension or new visa do I then have to pay for re-entry permit each year? 3,800 B for re-entry plus extension of visa fee?

[lopburi3]

You should be on one year extensions of stay now if you have a legal marriage to a Thai. You and he visit immigration and fill out TM.7 form for 1,900 baht (but you have to have non immigrant visa first so if you do not have that an extra form and 2,000 baht). This can be extended each year at the same time for another year. Any travel will require a re-entry permit. Single 1k or multi 3.8k.

[Joyeuss]

Yep, I am currently staying in Thailand on a Non-Immigrant o visa, with a 1 year marriage extension. Which we paid 1900B for. I also have the multiple entry permit for one year which we paid 3800B, and will expire on the 13th of February when I 1 year extension expires. At this point I understand so far that I need to apply for another 1 year extension.

Each year do I need to pay the 1900B for extension and 3800B (total of 5700B) to stay in the country?

I am guessing that if I obtain a work permit that it is a similar process, however the 1 year marriage extension will be replaced with the working permit. ?!

[lopburi3]

There should be no need to change - and normally much better not to change as a loss of employment would not mean having to change back/leave. Loss of employment would be immediate loss of extension.

[Lite Beer]

Yes. Stay as you are with the Extensions of Stay based on marriage.

Yes you have to apply for the extension and Re Entry Permit every year.

Just be thankful you are a Woman as it is much easier.

[Joyeuss]

Sorry, I am more confused now. Change?

I am currently on a marriage visa, and I need to get a work permit so I can legally work. My sister and I own an Australian retail business and as I live in Thailand, I need a work permit to conduct the Thai operations side of the business. Additionally to that I have been offered a position as an English spokesperson and editor for an adventure company, which i will also need a permit for. Neither company has an issue with me working two jobs.

My current visa expires in February 2013. If I get a work permit in July 2012, will I need to apply for the extension in February 2013 when I apply for Non-immigrant visa extension.? Or is it at different times?

[Lite Beer]

Apply for your extension of stay (it is not a Visa) a few weeks before your current one runs out.

[Joyeuss]

Yes I have often thought how unfair at how much simpler the process is for foreign women. I asked my husband and he said they introduced the law to try and stop the selling of sex slaves internationally. Thai women used to get married to a foreigner and then they were taken back to the foreigners home country and sold as slaves. Sounds a bit stupid to me, people in the sex industry and dodgy enough and have enough money to get around it all anyway. So it doesn't really solve anything. He also said it was because in Thai culture it is expected that the male is to provide for the female.

Anyway, So how does the work permit tie into my marriage visa?

[Soutpeel]

Sorry, I am more confused now. Change?

I am currently on a marriage visa, and I need to get a work permit so I can legally work. My sister and I own an Australian retail business and as I live in Thailand, I need a work permit to conduct the Thai operations side of the business. Additionally to that I have been offered a position as an English spokesperson and editor for an adventure company, which i will also need a permit for. Neither company has an issue with me working two jobs.

My current visa expires in February 2013. If I get a work permit in July 2012, will I need to apply for the extension in February 2013 when I apply for Non-immigrant visa extension.? Or is it at different times?

Ok lets start at the beginning...

1 you will need to register a Thai Ltd company.....being married to a Thai national you will get away with a THB 1.0 million Ltd company and will only need to employ 2 Thai nationals...hubby can be one

2. To be issued a WP you can do this on the back of your married visa or extension for marriage

3. you can put second job on your WP, provided you are doing this with same labour office, if not starts getting tricky

[Soutpeel]

Anyway, So how does the work permit tie into my marriage visa?

It doesnt other than you should be able to apply for your WP on the back of your "O" visa.

You would still to set up a Thai ltd company

[Joyeuss]

I have to register a Thai Business?

My retail business is an Australian Business. It is registered in Australia. Does it need to be Thai registered in order for me to manage suppliers in Thailand?

The job offer I have received is from a registered Thai Business.

[Soutpeel]

I have to register a Thai Business?

My retail business is an Australian Business. It is registered in Australia. Does it need to be Thai registered in order for me to manage suppliers in Thailand?

The job offer I have received is from a registered Thai Business.

You will need a Thai Ltd company to be issued a WP....you have already stated your running operations in Thailand for your Aussie business in Thailand, therefore you need to register a Thai ltd company to be issued a Thai WP for the basis of this employment

At moment it appears you are working illegally.

The other company could be the sponser of your primary job and WP, but get another place of work on there..ie your own business you would still need the 2nd Ltd company...ie 2 jobs - 1 WP would still require 2 Thai entities (Ltd companies)

[Soutpeel]

My retail business is an Australian Business. It is registered in Australia. Does it need to be Thai registered in order for me to manage suppliers in Thailand?

It does if you want a Thai WP...

[Joyeuss]

Well I only want one if I HAVE to have one. Can I work for an Australian Business in Thailand without a working permit. I will be paying Australian taxes.

[Joyeuss]

Right, well I will have to go back to the drawing board. Basically if, I lived in Australia and I came to Thailand once a year to collect and send the order there would be no problem. But as I am living in Thailand with my husband there is.

Sigh

Thank you for your help

[PoorSucker]

Apply for Thai citizenship then you don't need a WP.

[KamnanT]

_{Well I only want one if I HAVE to have one. Can I work for an Australian Business in Thailand without a working permit. I will be paying Australian taxes.}

_{Not that I wish to complicate matters, but I find it strange that you are planning to live and work in Thailand, but pay Australian taxes. If you are physically present in Thailand for more than 180 days in a calendar year, then you are deemed to be a tax resident of Thailand, not Australia (note that residence for tax purposes and residence for immigration purposes are two separate concepts). For the most part, you can't "choose" to pay taxes in Australian if you are living and working in Thailand - Thailand will tax you on your Thailand source income and Australia will tax you on your Australia source income. Income from working in Thailand will be considered Thailand source income regardless of where it is paid. On higher incomes, Thai tax is preferable anyway: top marginal rate in Thailand is 37% (Over 4,000,000 baht), marginal rate in Australia is 38.5% (on income from about 2,500,000 baht to 5,580,000 baht) and 46.5% on everything over that. On lower incomes Australian tax rates are lower than Thai rates.}

[samran]

The OP should check out the conditions of the Thai Australia free trade agreement, there is provision for majority Australian ownership under a variety of circumstances.

[Soutpeel]

The OP should check out the conditions of the Thai Australia free trade agreement, there is provision for majority Australian ownership under a variety of circumstances.

But whatever's in place will require a WP for Thailand if working here..

[Soutpeel]

Right, well I will have to go back to the drawing board. Basically if, I lived in Australia and I came to Thailand once a year to collect and send the order there would be no problem. But as I am living in Thailand with my husband there is.

Sigh

Thank you for your help

first point you are correct would be no problem

living here..need a WP....its actually not that hard to get set up...THB 1.0 million capitalisation and two employees in your case...and ya fully legal and would guess you would not be paying Aussie tax anymore either...which I suspect would be a bonus

[Soutpeel]

Well I only want one if I HAVE to have one. Can I work for an Australian Business in Thailand without a working permit. I will be paying Australian taxes.

No you cant...if you are operating the business in Thailand to be legal you need a WP, where you are paying tax currently or even where your income comes from or even if you get paid is irrelevant in terms of the WP requirements

[samran]

The OP should check out the conditions of the Thai Australia free trade agreement, there is provision for majority Australian ownership under a variety of circumstances.

But whatever's in place will require a WP for Thailand if working here..

sure...

I guess my main inference is that she'd probably be allowed majority ownership if the category was right.

[ubonjoe]

You could form a partnership with your husband and get the work permit. You could be the managing partner for example.

The type business that you are doing would determine if you could be majority owner or not.

Click on this link A Business Guide to Thailand (English) (September 2011) you will find a lot of information concerning company formation and etc.

[Maestro]

Hi all, I am trying to work out how to legally work in Thailand. My sister and I have a retail business in Australia, she runs Australian businesses and I run the Thailand operations. My husband is Thai, and we have been living together for 2 years. Do I need a work permit to manage suppliers in Thailand? Or am I exempt because it is a foreign business with a foreign address, business number, and paying tax to Australia.?? ...

The way I read it, you are co-ordinating the production and shipment of products from Thai companies to the Australian company owned by you and your sister. In other words, you are not buying the products on your personal account in Thailand and then export them in your own name from Thailand to Australia. For a situation like this, the "Representative office of a foreign corporation" would seem a valid option. See here for details: http://www.sunbeltle...om/?page_id=132

[Soutpeel]

Hi all, I am trying to work out how to legally work in Thailand. My sister and I have a retail business in Australia, she runs Australian businesses and I run the Thailand operations. My husband is Thai, and we have been living together for 2 years. Do I need a work permit to manage suppliers in Thailand? Or am I exempt because it is a foreign business with a foreign address, business number, and paying tax to Australia.?? ...

The way I read it, you are co-ordinating the production and shipment of products from Thai companies to the Australian company owned by you and your sister. In other words, you are not buying the products on your personal account in Thailand and then export them in your own name from Thailand to Australia. For a situation like this, the "Representative office of a foreign corporation" would seem a valid option. See here for details: http://www.sunbeltle...om/?page_id=132

This is most likely the most appropriate Company model for the OP....but....the amount of money that needs to be repatriated into Thailand for the Rep office would be very restrictive for a lot of people., typically you have to put THB 2.0 million into the company the first year and THB 1.0 million/year for 3 years and you cant take this money out, further you can only maintain a Rep office in Thailand for 5 years.

This is why I suggested a THB 1.0 million Thai ltd company...it works out cheaper... the other option would be Sole Prop company...but believe these days very hard to get a WP issued against a Sole prop type company

[Maestro]

Thanks, Soutpeel. I thought there were some conditions about bringing money into Thailand but could not immediately find it. It is not a good option for the OP, then.