Work permit with limited partnership

[thailampang]

If I register a limited partnership with my Thai wife in connection with her business...can I get a Thai work permit for life?

I have a retirement NO visa. Can I help my wife with her business, or I need to get a work permit?

If I need a work permit, what documentation I need to bring from my wife?

[Maestro]

You will need a work permit to work in your wife's business enterprise.

I am not familiar with the details of the registered limited partnership but from this web page I understand that there are some limitations if one of the partners is a foreigner. Somebody with specific information will hopefully come along and post it.

[joepattaya1961]

I think that if you do have a non-O or extension based on retirement, then you are supposed to be .......... retired.

You could change your extension to be based on marriage, but then the issue of a work-permit based on the company structure will become an issue:

- deposited capital

- minimum # of workers

[scorecard]

Dear OP,

At the start of the ThaiVisa forum site there is a pinned thread about Thai work permits (WP) and it contains a lot of valuable information.

Here's a few quick points:

- There is a list of occupations which can only be performed by Thai nationals (see the website mentioned above for this list)

- WPs are issued for specific positions only, not for general work (where the foreigner / employer meet the requirements)

- There is no such thing as a 'lifetime Work Permit'.

- On a retirement visa you cannot work at all (legally)

[thailampang]

Dear OP,

At the start of the ThaiVisa forum site there is a pinned thread about Thai work permits (WP) and it contains a lot of valuable information.

I need to know if my wife's real estate limited partnership company can apply at immigration to get me a work permit.....and if I need to apply for new work permit if the partnership get into a new kind of business. I have 40%of the partnership...

Here's a few quick points:

- There is a list of occupations which can only be performed by Thai nationals (see the website mentioned above for this list)

- WPs are issued for specific positions only, not for general work (where the foreigner / employer meet the requirements)

- There is no such thing as a 'lifetime Work Permit'.

- On a retirement visa you cannot work at all (legally)

I need to know if my wife's real estate limited partnership company can apply at immigration to get me a work permit.....and if I need to apply for new work permit if the partnership get into a new kind of business. I have 40%of the partnership....

[Maestro]

Application for the work permit must be made at the Department of Employment in the province where the Limited Partnership is registered, not at the immigration office.

[asiaexpat]

Non-Thais working in Thailand must have a work permit issued by the Thailand Labor Ministry, Dept of Employment to work in any capacity. The WP is issued to a specific person working at a specific location, and doing a specific job. Thai limited partnerships are required to be registered and considered a juristic entity under law and can employ non-Thais. The LP must provide the documentation required by the Labor Department in order for an employee to get a WP. As long as the company can submit the required documentation and the employee has a Non-O based on Thai spouse or a Non-B visa the WP may be issued. However, the exact documentation may vary at different local Labor Offices, so check with them as the their requirements. As long as your job does not change, a new WP would not be needed until the current one expires.

[scorecard]

Application for the work permit must be made at the Department of Employment in the province where the Limited Partnership is registered, not at the immigration office.

Department of Employment is commonly known as the Thai Labor Dept. Office in every province and all major centers.

The business must offer you an employment contract for a specific job (the contract of employment must state a specific job and it must be a job, type of work, allowed to be performed by foreigners under Thai labor law, and must state salary etc.).

Then you and the business apply for a Work Permit for you at the local Labor Dept., office. Ninety nine % of work permits are valid for one year only then you must apply for the WP to be extended, year by year. There is no such thing as a lifetime work permit.

There are ratios of how many Thais staff must be employed compared to the number of foreigners employed. This ration seems to change a little however a common ratio is 5 Thai staff to every 1 foreign staff. (For schools / language schools there are different ratios, but that's specific to schools.)

The application documents for a work permit must include the employment contract with your name, several documents associated with proof of registration of the business and a medical certificate with a report from a blood laboratory indicating that you don't have syphilis and some other blood problems.

On a different point, don't assume that a work permit is in itself permission to physically be / stay in Thailand for one year, to be more clear on this point:

- A Thai WP is issued by the Thai Labor Department and allows you to work legally in Thailand

- Permission to physically be in Thailand is gained through a visa issued by the Thai Immigration Department. However if you do get a WP then you use the WP approval to then approach the Thai Immigration Department to gain a one year visa. The visa must be renewed every year. (Annual WP renewal, then one year visa renewal.)

Re your words: "..........and if I need to apply for new work permit if the partnership get into a new kind of business. I have 40%of the partnership...."

1. A work Permit is not issued simply on the basis that you are the owner of a part owner of the business. (Refer back to my second paragraph in this message.)

2. If the company / partnership etc., changes to a different type of business then you would probably have to completely reapply for a WP. Remember that a WP is not a blanket cover to do any type of work.

From time to time there are inspections and it would be very unwise to be caught doing work which is obviously outside of the specific job for which the WP has been issued. (If the WP is approved by the Labor Dept., they then issue a WP book. Small book with from memory about 30 pages - this book includes your name, details of the job, the job title and the address at which the work must be performed and the book must be on site at all times.)

You might ague that the job you occupy has not changed, although the company has changed it's type of business, however most Labour Dept., offices would probably reject this argument. Most labour offices are serious about WP applications although some labor offices are a little bit more serious than others and some challenge applications a little bit more than others.

As mentioned earlier, there is a pinned (locked) thread on this subject at the start of the ThaiVisa forum website, it has a lot of excellent information and the WP application forms can be downloaded from this site.

[Maestro]

A member mentioned that the ThaiVisa home page has a link to the subject of work permits and this is the link he meant, I believe: http://www.thaivisa.com/how-to-get-thai-workpermit.html

Early in this topic I expressed my confidence that members with expert knowledge on the subject would chime in and I would like to thank all who came and did so.

Just now, I meant to post a link to the form for the work permit application but the URL I have has gone dead and it seems the the Department of Employment is redesigning its entire website at the moment. If anybody can find the new link to the page with the links to the various forms, I shall be very grateful.

[asiaexpat]

http://www.doe.go.th is a link to what appears to be the new Dept of Employment Office web site. Seems to be all in Thai.