Question: Creating A Business And Requesting A Work Permit While Holding A Guardian Visa

[manarak]

It is likely I will hold a "guardian" visa, i.e. I will be the legal guardian of my son who will be attending an international school (he will hold an educational visa).

What will be the proper procedure if I want to create a business and request a work permit?

Thank you for your help!

[lopburi3]

There is no such visa. It would be a non immigrant visa and extension of stay under section 2.11 of Police Order 777/2551 using 500k in bank account. Suspect a work permit would require change to non immigrant B visa and extension based on income and that legal consul should be obtained as company would have to be Thai owned for a work permit issue for most nationalities.

[manarak]

There is no such visa. It would be a non immigrant visa and extension of stay under section 2.11 of Police Order 777/2551 using 500k in bank account. Suspect a work permit would require change to non immigrant B visa and extension based on income and that legal consul should be obtained as company would have to be Thai owned for a work permit issue for most nationalities.

Thank you.

Most of what you wrote is congruent with my expectations.

The one point I am interested in details is "would require change to non immigrant B visa".

How would I do that?

Does it involve leaving Thailand to collect the visa abroad?

Or can it be done without leaving?

Obtaining PR is based on extensions of stay, right? so a change of visa type would break the chain. So for PR it is better I make the B visa rather earlier than later?

[lopburi3]

PR application requires at least 3 years continuous on extension of stay but without income of 80k per month and meeting other requirements would not likely be accepted or stand much chance to be approved.

As you are talking about a new company expect you indeed would have to leave country to obtain B visa and it would likely be close to two years before you could even start to have extensions of stay (as first years tax payments must have been made for company).

[manarak]

PR application requires at least 3 years continuous on extension of stay but without income of 80k per month and meeting other requirements would not likely be accepted or stand much chance to be approved.

As you are talking about a new company expect you indeed would have to leave country to obtain B visa and it would likely be close to two years before you could even start to have extensions of stay (as first years tax payments must have been made for company).

Thank you for interesting insights.

Don't worry about revenue requirements, I will meet them.

I just want to make sure I don't get trapped by technicalities.

Regarding the company, could I start one (meaning with 49% ownership) when still on the previous visa, but without working for the company?

What about acquiring 49% of a running business that already has fulfilled the required tax return periods, would that help?

Another technical point about revenues: the 80k minimum revenue, is that to be understood as revenue taxable (and taxed) in Thailand, or can that also be revenue made abroad and imported into Thailand later after the required period for it to be tax-free (one year?) has passed? I have quite some revenue that is generated abroad (interest and capital gains).

[Mario2008]

You can invest in a company on any visa. But for PR a work permit is required.

Buying an existing company would have the benefirst of having tax records, but has the risk of skeletons in the closet.

[manarak]

You can invest in a company on any visa. But for PR a work permit is required.

Buying an existing company would have the benefirst of having tax records, but has the risk of skeletons in the closet.

Thank you.

Any insights about minimum revenue and taxability?

[Mario2008]

No, that kind of questions might be beter dealt with in the business section, instead of the visa section.