Work Permit

[BKK90210]

This is my situation

I'm a licenced structural engineer and owned my own firm, and My thai wife is an architect working with me in the US and holding both Thai & US passport.

She's planning to go back to thailand to develop some type of residential or commercial development. She of course will set up a thai corp.

I have 2 questions:

1) I'm planning to be involved in the project also. My question is: Can I get a work permit from her company as a consulting engineer/ engineering consultant? Does she need to pay me a salary?

2) We're planning to build our own house first. Do I need to get the work permit if I just want to supervise the construction of my own home, or it would be better to have my wife supervising the project?

Thanks in advance

BKK

[vinny]

1. If you work, even if the work is without pay, you would still generally require a work permit. See also Starting Company In Thailand, WORK PERMITS, VISAS, AND REENTRY PERMITS IN THAILAND and the Office of Foreign Workers Administration, Department of Employment, Ministry of Labour.

2. I don't think that supervising the construction of your own house would be considered as work. IMHO, you shouldn't require a work permit for this.

Edited April 11, 2006 by vinny

[monty]

If you just supervise the building of your own house the risk will be small, or close to non-existent.

But if your wife is going to set up a company anyway, it would be a good idea to go the work permit way. If only for peace of mind, and it paves the way for possible consultancy you might do later on.

Being payed is not important for getting a work permit. The amount of your salary is only important if you would like to use the work permit to extend your permission of stay. You'd also need the required Thai employees for this extension of stay (normally 4 but in the case of you being a consultant it would only be 1 employee).

If your salary doesn't meet requirements, you would need to do a visa run every three months, just like most low payed teachers etc...

You could of course apply for an extension of stay based on support of your wife (400.000 Baht in the bank). Yor workpermit will always be valid up till he day your permission to stay expires.

[BKK90210]

If you just supervise the building of your own house the risk will be small, or close to non-existent.

But if your wife is going to set up a company anyway, it would be a good idea to go the work permit way. If only for peace of mind, and it paves the way for possible consultancy you might do later on.

Being payed is not important for getting a work permit. The amount of your salary is only important if you would like to use the work permit to extend your permission of stay. You'd also need the required Thai employees for this extension of stay (normally 4 but in the case of you being a consultant it would only be 1 employee).

If your salary doesn't meet requirements, you would need to do a visa run every three months, just like most low payed teachers etc...

You could of course apply for an extension of stay based on support of your wife (400.000 Baht in the bank). Yor workpermit will always be valid up till he day your permission to stay expires.

So what you're saying is....

First.....I can get the work permit through my wife company eventhough there is no salary being paid to me, as long as her thai company has at least 1 other employee, is this correct? I have to do this in thailand, not the thai embassy over here in the US, right?

Second.....I don't have to apply for retirement visa, but instead just apply for visa based on being married to a thai, is this correct? I'm 44, she's 42.

400k baths is not a problem for me so I won't be doing visa run to anywhere. But my question is....How can my visa be base on supporting my wife when in fact she's been working with me, receiving the same salary, paying to same amount of taxes as me for the past 10 yrs and is also the co-owner of our owned consulting engineer firm. So technically I'm not really supporting her. She has her own education, job, and salary, and we have been working together in the same company for the past 10 yrs.

[autonomous_unit]

Yes, you get your O visa in the US, come to Thailand, open some bank accounts, start a company, apply for a work permit, and eventually apply for your extension of stay based on supporting your wife.

Don't try to rationalize it... you are supporting her because you are the man and she is not and that's just how it works here. It also helps to remind her of this at opportune moments, such as while she is paying a bill.

I do not think you need any employees to have a work permit and extend your stay based on supporting your wife, which can be according to cash in the bank or salary from your company once things are established. However, I will caution that the labor department can decide to stipulate "knowledge transfer" if you come across as too much of a foreign expert in certain fields, and then you will need employees to whom the transfer takes place anyway. Also, it helps if the company looks legitimate, and having at least your wife on the payroll might help?

Finally, you must remain calm and patient during this process. Every other person you encounter will tell you some different permutation of what you need to do, because misconceptions about the law and enforcement are part of the tapestry of life here... for gawkers, service professionals, and even officials sometimes.

[Sunbelt Asia]

First.....I can get the work permit through my wife company eventhough there is no salary being paid to me, as long as her thai company has at least 1 other employee, is this correct?

The one Thai employee requirement for a Consultant is if you applied for an extension of stay based on business. In this case you would have to pay tax on a 60,000 Baht salary per month for this extension as you are an American. It is NOT for the work permit required to get this type salary or employ anyone. Also, please be aware you do not need to apply for this extension of stay as you are married to a Thai. Hence in your case, it does not apply.

In your situation, as you will apply for the extension of stay based on support of a Thai national ( marriage) you will not need any Thai employees for this extension. As for the work permit, their is no Thai employees employment requirement. You simply do not then need any Thai's employed to get the extension of stay or a work permit.

If you have a work permit and pay tax on a salary of 45,000 Baht per month. You will not need to show the 400,000 Baht in a bank account on the renewal of the extension of stay based on support of a Thai national.

Option#2 is get the work permit, have the extension of stay based on support of Thai national with 400K Baht in the bank, but now you do not take a salary. When you apply for the renewal of the work permit, the work permit may be denied. If you were a " trainee" no problem on a zero or 6,000 Baht monthly salary. If however, you are an Executive, the verbal guideline is 32,000 Baht salary per month and that you had paid tax. They want to see that you are an asset to Thailand and helping the Thai economy which is paying tax and " not milking Thailand" You pay no tax and they feel you are evading your tax liability and their logic is who would work without getting paid, if you are an Executive " Consultant"? Hence at that point they may want you to show you had paid personal tax for the previous three months at a salary of 32,000 Baht or they may ask you to pay personal tax on the amount for the full year ( around 18,000 Baht plus fines for not paying every month) to get the work permit the second year. We have recently written a letter to The Labor Dept for clarification from the Director, as a number of officers are using their discretion on this issue. Like the ocean, it changes every week and sometimes by the hour on personal tax owed if any, when the work permit holder in their eyes took too small of a salary or none at all.

I have to do this in thailand, not the thai embassy over here in the US, right?

Yes on the work permit. Only in the USA, you will get the 90 day "O" visa based on marriage.

Second.....I don't have to apply for retirement visa, but instead just apply for visa based on being married to a thai, is this correct? I'm 44, she's 42.

This option is out. You have to be 50 years oir older to apply for the retirement visa. Also you cannot obtain the work permit with an extension of stay based on retirement.

400k baths is not a problem for me so I won't be doing visa run to anywhere.

After taking that many baths, you won't have time to do anything else!

But my question is....How can my visa be base on supporting my wife when in fact she's been working with me, receiving the same salary, paying to same amount of taxes as me for the past 10 yrs and is also the co-owner of our owned consulting engineer firm. So technically I'm not really supporting her. She has her own education, job, and salary, and we have been working together in the same company for the past 10 yrs.

In Thailand, they are looking at your case here. By having the 400K Baht you can support her or if you get a salary of 45K per month as well. Even though she may not need your support, you still qualify! They don't set standards what is a intelligent rich woman or a poor one, in order to support her.

www.lawyer.th.com

[BKK90210]

AutoUnit man

Thanks for you info and advices again, I forgot to say thank you on your reply on my other thread about "Moving to thailand" so here

I still don't understand how can they know if there's too much of knowledge transfered. Why would this be a bad thing. Don't you think as a common sense thailand do need alots of technical knoledges from western countries? ortherwise how can the country advance forward?

Another thing: Yes I understand the thai ways and their work ethics, I just hope I will be able to play along with their game and won't get frustrated too much...JAI YEN YEN right?

[autonomous_unit]

...I still don't understand how can they know if there's too much of knowledge transfered. Why would this be a bad thing. Don't you think as a common sense thailand do need alots of technical knoledges from western countries? ortherwise how can the country advance forward?...

The official process is that there is a declaration for the trainer and trainee(s) to sign and submit during the work permit renewal process.

I wasn't saying it is a bad thing to have knowledge transfer, except that it affects ones plans to have a low-overhead company for one's legal consulting business. Suddenly, you need Thai employees to train whether you actually have any workload for them or not. That means paying basic salary, taxes, and benefits costs. not to mention additional accounting work, for what might be idle workers.