Work permit working with Thai wife?

[ubonjoe]

Sorry Ubonjoe, check out partner Sunbelt befor you say something like that.

Why do I have a workpermit and no personel in the Co Ltd my wife and me have?

You are confusing people. I advise everyone to read Sunbelt's pages thru and thru.

It is there and that most people don't know about it doesn't mean it don't excist.

Sorry if I step on toes.

I only quote what is written in the applicable acts and regulations.

If you can show any official document that says you don't need any Thai employees then I will change what I wrote.

Duh...that was just to come back on this answer of you. Geez

I think you quoted the wrong post in reply to another persons post.

But the quote of your own post does prove we were discussing work permit requirements. Which according to the written rules does require having Thai staff.. Which was reinforced by the lawyers reply.

[hugocnx]

Sorry, your quote is wrong. I edited 'you' into 'him', being you.

Forget it, but my wife and I have a 1 mill company with work permit and no Thai personel and all is legal. Never mind, you win.

[keestha]

Sorry, your quote is wrong. I edited 'you' into 'him', being you.

Forget it, but my wife and I have a 1 mill company with work permit and no Thai personel and all is legal. Never mind, you win.

Local labor departments apply the rules their own way. Very well possible at the labor department in another province your work permit application would have been rejected.

[yankee99]

All my replies were for getting a work permit for you or anybody else working.

The answer you is got is this.

If there is no foreigner in the company that require a work permit you are not require to have staff.

Sorry Ubonjoe, but the little dispute we had was about the need to have extra Thai personel or not when having a 1 mill company together with your wife and not about a work permit.

So believe it or not: NO extra Thai personel required in this case.

As far as I am concerned, end of discussion.

I can guarantee you will not get a wp in chonburi without 3 employees contributing to social security on paper but I would be happy for you to prove me wrong..

BTW that ask the lawyer section is a joke. The one line answers they give are vague at best in typical lawyer fashion.

[Maestro]

Sorry, your quote is wrong. I edited 'you' into 'him', being you.

Forget it, but my wife and I have a 1 mill company with work permit and no Thai personel and all is legal. Never mind, you win.

If with "work permit" you mean that you, a foreigner, have a work permit for employment in a Thai company owned by your wife, you and a third shareholder, I suggest that you review the documents that the company submitted to the Department of Employment with the application for your work permit. Among these documents you will find one that indicates that the company has at least two persons of Thai nationality on its payroll, one of whom may be your wife.

Well Ubonjoe, it is not a document, but see 'Ask the lawyer' forum where I put my question (for you) yesterday.

I am sure the lawyer will have a document for you/Thaivisa.

In that topic you said nothing about a work permit for a foreigner working in a Thai company co-owned by his wife, and The Lawyer gave you the correct answer. This is what you asked...

If man and wife have a 1,000,000 Baht company together, do they require to have personel?

...and you got this correct answer:

If there is no foreigner in the company that require a work permit you are not require to have staff.

Expressed more clearly, The Lawyer said "If the the company employs no foreigner, the company does not need to have two Thai employees"

[Maestro]

Incidentally, hugocnx, you kept mentioning "no personel", apparently unaware that you and your wife working for the company are employees of the company, ie what you call "personel"

You said that the company has no "Thai personel", yet if your Thai wife is working for the company there is already one Thai employee. It is quite possible that you see no second Thai person working for the company but if you review the documents as I suggested you will find that a document was submitted to the Department of Employment stating that a second Thai is employed by the company.

[Maestro]

Sorry Ubonjoe, but the little dispute we had was about the need to have extra Thai personel or not when having a 1 mill company together with your wife and not about a work permit.

So believe it or not: NO extra Thai personel required in this case.

As far as I am concerned, end of discussion.

You are absolutely right: a company does not need "extra Thai personal", ie it does not need more than one Thai employee, when a foreigner owns shares in a company of which his wife is also a shareholder. Owning shares of a company does not require a work permit, but working for a company does.

You did write about a work permit for yourself and "No need for staff" but seem to have forgotten it:

...

My wife (Thai) and me started a company based on 1 million capital.

3 shareholders were needed. No need for staff!

My wife is the director, owing 51 %, myself am shareholder for 48% (foreigner) and there is this third party with 1%. We actually got married after the setup of the company, then got my visa extension based on marriage an applied after this for a work permit...

[wotamess]

Hello all -

Hope you don't mind me reviving this thread, but it appears pertinent to my wife and I.

Following a move in the near future, I plan to operate a very small scale engineering operation - everything can be done from home, and all product will be exported. Highly specialised, I invent all of the product myself and can file patents if that is in any way necessary or helpful (pointless really from any other respect).

Having read this thread (along with many others) I have a few questions, so let me try to give you some background:

Although I will be doing all of the work myself, I am happy for my wife to "own" the business either as a sole trader, ltd Partnership, or any other mechanism.

From what I have read here, we need two Thais (on paper) + me. I'm OK with 1% - my wife can have 98% & her mother 1% if that works - is this right?

We need 1,000,000 THB registered capital. How does this happen? If you only pay a few thousand BHT per 1,000,000 where does the few thousand BHT go?

I'm sure these will sound like dumb questions to many, but hey - you don't know what you simply don't know!

Any help appreciated

[digitalchromakey]

Hello all -

Hope you don't mind me reviving this thread, but it appears pertinent to my wife and I.

Following a move in the near future, I plan to operate a very small scale engineering operation - everything can be done from home, and all product will be exported. Highly specialised, I invent all of the product myself and can file patents if that is in any way necessary or helpful (pointless really from any other respect).

Having read this thread (along with many others) I have a few questions, so let me try to give you some background:

Although I will be doing all of the work myself, I am happy for my wife to "own" the business either as a sole trader, ltd Partnership, or any other mechanism.

From what I have read here, we need two Thais (on paper) + me. I'm OK with 1% - my wife can have 98% & her mother 1% if that works - is this right?

We need 1,000,000 THB registered capital. How does this happen? If you only pay a few thousand BHT per 1,000,000 where does the few thousand BHT go?

I'm sure these will sound like dumb questions to many, but hey - you don't know what you simply don't know!

Any help appreciated

You might find this BOI link useful as regards setting up a business, you are referring to a Limited Partnership, this would also provide a route for you to get a Work Permit as well.

http://www.boi.go.th/index.php?page=setting_up_a_business

The money(fee) you pay to Register Capital at start up goes to the ThaI Commerce Department, you don't need to actually show 1,000,0000 THB in the bank, this capitalisation is notional and can thus be initially shown in your annual accounts in the form of assets including trademarks, patents, loans to directors, etc.

[AGareth2]

wife plus 3 kids?

[mataleo]

http://www.thaivisa.com/how-to-get-thai-workpermit.html

[wotamess]

http://www.thaivisa.com/how-to-get-thai-workpermit.html

Thanks mataleo - I read this before and was even more confused; not surprising given that Sunbelt want you to use their services - most of this stuff really seems aimed at working for an existing company rather than starting your own business. Thanks anyway though

[wotamess]

Hello all -

Hope you don't mind me reviving this thread, but it appears pertinent to my wife and I.

Following a move in the near future, I plan to operate a very small scale engineering operation - everything can be done from home, and all product will be exported. Highly specialised, I invent all of the product myself and can file patents if that is in any way necessary or helpful (pointless really from any other respect).

Having read this thread (along with many others) I have a few questions, so let me try to give you some background:

Although I will be doing all of the work myself, I am happy for my wife to "own" the business either as a sole trader, ltd Partnership, or any other mechanism.

From what I have read here, we need two Thais (on paper) + me. I'm OK with 1% - my wife can have 98% & her mother 1% if that works - is this right?

We need 1,000,000 THB registered capital. How does this happen? If you only pay a few thousand BHT per 1,000,000 where does the few thousand BHT go?

I'm sure these will sound like dumb questions to many, but hey - you don't know what you simply don't know!

Any help appreciated

You might find this BOI link useful as regards setting up a business, you are referring to a Limited Partnership, this would also provide a route for you to get a Work Permit as well.

http://www.boi.go.th/index.php?page=setting_up_a_business

The money(fee) you pay to Register Capital at start up goes to the ThaI Commerce Department, you don't need to actually show 1,000,0000 THB in the bank, this capitalisation is notional and can thus be initially shown in your annual accounts in the form of assets including trademarks, patents, loans to directors, etc.

Thanks DCM - this looks pretty comprehensive; I need to wade through in detail!

Looks like I will be at the mercy of whomever examines the business as to whether a few machine tools comprises a factory etc.

Does anyone know of any members who have successfully performed similar first time start-ups without having to chuck cash at agents, lawyers, accountants and such? I'd love the opportunity to discuss with them.

Thanks again

[kian246]

Your best option is with a law office. Compare prices. Pattaya is likely cheapest.

[Enki]

On 4/2/2014 at 8:33 PM, hugocnx said:

Sorry, your quote is wrong. I edited 'you' into 'him', being you.

Forget it, but my wife and I have a 1 mill company with work permit and no Thai personel and all is legal. Never mind, you win.

Yeah, but you did not tell us: how you did it! Why don't you require 4 Thai personel, when the law says: you do! ?? I'm in the progress to open a martial arts + english + german cooking school (more precisely: my wife is), probably with a small restaurant attacked to sell german salads ... and have no use for any employees (perhaps in the restaurant, but that is far sketched). So I like to know that path or trick.

[hugocnx]

57 minutes ago, Enki said:

Yeah, but you did not tell us: how you did it! Why don't you require 4 Thai personel, when the law says: you do! ?? I'm in the progress to open a martial arts + english + german cooking school (more precisely: my wife is), probably with a small restaurant attacked to sell german salads ... and have no use for any employees (perhaps in the restaurant, but that is far sketched). So I like to know that path or trick.

Go to a lawyer, explain what you want or need. The lawyer will take care. If he/she doesn't know about this, then it is a dumb lawyer.

Requirements: Married to a Thai, have an extension based on marriage, set up a 1M company with 3 share holders (eg 55-44-1). After this go for a work permit if you can meet the requirements. In my case didn't even have to deposit the 1M. Hope that helps.

Edited December 23, 2018 by hugocnx