VISA and work options - company in Australia

[cloudos]

Hello! I was hoping that you can give me some feedback in regards to the following matter.

I am looking to move to Thailand later this year and would like to do some work/business there on a consultancy basis.

I have a company set up in Australia but have no clients in Thailand yet. As I will be providing business training with all certifications issued from my company in Australia, the questions I have are the following:

1) What VISA options are available for me, without going down the Business VISA/10 Million baht route?

2) Do I need to link with a Thai company so they can hire my company to do the consulting work?

Thanks in advance for your feedback!

[lopburi3]

1. The business B visa is what will be required - but you need a work permit.

2. To obtain work permit you would likely require local company contracting for your employment as said.

[Dork]

Have a look at the Thailand-Australia Free Trade Agreement: http://www.dfat.gov.au/fta/tafta/key-outcomes.html.

Particularly the sections headed "Foreign Investment" and "Temporary entry of business people". There are several concessions granted to Australian investors and companies that wish to do business in Thailand.

Perhaps of interest to you might be the possibility of obtaining an APEC card which in some circumstances allows an Australian citizen to conduct business meetings in Thailand for up to 3 months without being required to obtain a work permit.

[lopburi3]

Nobody requires a work permit for normal business meetings - it is employment that requires the work permit and OP intends to work here by his own posting "like to do some work/business".

[Dork]

Difficult to say without more details. But for example, if as the op says he intends to provide a service to Thai client companies from and (invoiced by) his Australian company then that would seem to fit within the guidelines of the FTA. In that scenario, as an employee of the Australian consultancy, he shouldn't need a work permit even though he would indeed be doing "some work/business" in Thailand.

But he would need an APEC card. This is crucial because if you ask the Labour department whether someone requires a work permit to attend business meetings in Thailand for 3 months, the answer will definitely be YES. In fact under section 7 of the Working of Aliens Act even a short stay visitor attending a meeting is considered to be ‘working’. Therefore the concession waiving the requirement of obtaining a work permit, granted to the Australian holder of an APEC card working for an Australian company, is unique.

I don't know of any other document endorsed by the Thai government that unambiguously says a foreigner may conduct business meetings in Thailand without a work permit, If anyone does, I would be very grateful if you could provide a reference.

[lopburi3]

My meaning was not saying conduct but to attend business meetings of Thai companies should not require a work permit - very different context.

[aarn]

You might like to follow this link http://www.immi.gov.au/skilled/business/apec/

Basically, as Austr and Thailand are APEC members, it is possible to get a

three-year multi-entry visa. But the requirements are rigorous. Cheers, AA

[cloudos]

Thank you everybody for your great feedback.

I have looked into to the APEC card, and will try to go that route. Fingers crossed I can get it!

Much appreciated!

[Tomtomtom69]

Don't worry about obtaining a work permit or even a business visa if you are just spending a few days at a time in Thailand for meetings, even if you are discussing specific details related to doing business together with your Thai partner. Since you are likely not being paid by the Thai partner, you are not doing anything wrong here. However, if you get paid by a Thai partner for a short-term project, technically you would need a work permit, but if they are paying you in cash or by making a transfer to your Australian based account I see no problems here either. Although technically even volunteer work requires a work permit, but I think it's taking it a bit far to be worried about this because as long as what you are doing in Thailand fits the definition of business more than work, you won't have any problems whatsoever.

In fact, thousands of foreigners enter Thailand every day for meetings, conferences and the like and provided they are only staying a short time and not earning any money here, almost none of these people would have a visa let alone a work permit.

[GrantSmith]

In fact, thousands of foreigners enter Thailand every day for meetings, conferences and the like and provided they are only staying a short time and not earning any money here, almost none of these people would have a visa let alone a work permit.

I know Austrade would advise differently...

[GrantSmith]

To the OP, make contact with either your state based Austrade (Tradestart in South Australia) representative office or the Austrade reps at the Australian Embassy in Bangkok.

[cloudos]

Thank you everybody for your replies! As I am relatively new to this, I really appreciate the advice and feedback. I am going to apply for an APEC card and hope that I can get it!

Just a few more questions if you don't mind:

- As my company is a start up, do you have any tips to increase the chances of success in getting an APEC card?

- Is setting up a branch office an option (including self sponsoring myself by this branch office)? Bearing in mind that I am running a one man show at this stage

Cheers, and thanks again!

[Dork]

Thank you everybody for your replies! As I am relatively new to this, I really appreciate the advice and feedback. I am going to apply for an APEC card and hope that I can get it!

Just a few more questions if you don't mind:

- As my company is a start up, do you have any tips to increase the chances of success in getting an APEC card?

- Is setting up a branch office an option (including self sponsoring myself by this branch office)? Bearing in mind that I am running a one man show at this stage

Cheers, and thanks again!

You can find the latest (Nov 2012) eligibility criteria for Aussies here: http://www.immi.gov.au/skilled/business/apec/eligibility.htm

Each economy in the ABTC scheme has their own set of criteria for eligibility. Thailand for example sets some pretty onerous requirements whereas some others are much easier. When the card was first introduced the criteria for Australians was fairly easy to meet. I guess that there was some abuse of the card by Aussies because several years ago they really tightened up the rules almost to the point that only directors & senior management of major corporations could qualify. That obviously wasn't fair and not really in the spirit of what the card was devised for so in November last year the rules were revised again so that operators of small businesses weren't automatically disqualified. However, after reading through the latest requirements I think it would still be pretty difficult for a one man band to qualify. But not impossible.

2 points jump out though.

Firstly;

Demonstrate frequent travel for business purposes

You must demonstrate frequent travel from your place of residence to an APEC economy (other than Australia) for business purposes.

Frequent travel is a minimum of four business trips during the previous 12 month period.

Example: If you applied on 16 November 2011, you must have departed Australia and re-entered a minimum of four times since 16 November 2010. This will be verified by the department through checks of movement records.

So you would need to have made at least 4 trips in the last year and they probably mean on business to another APEC economy (not a holiday in Fiji).

Secondly;

Be authorised for residency and work purposes

You must be authorised for residency and work purposes by the relevant immigration authority in the economy in which you reside (if outside Australia).

If you are residing outside Australia you must be authorised for residency and work purposes by the relevant immigration authority in the economy of your residence. This requirement exists to ensure that the APEC Business Travel Card is not used as an avenue for business people to work in another economy in contravention of that economy's laws.

So obviously trying to use the card to get around Work Permit requirements in Thailand isn't going to work unless you maintain your base in Australia.

If I was you, I would give them a call (perhaps anonymously), tell them your situation and see what they say. Then you might be able to better tailor your actual application.

Good luck!