Will it be possible for my Thai wife to employ me?

[craigp]

The latest hoop I've been trying to get my head around is employment.

If my Thai wife opens a small business, will it then be possible for her to employ me and for me to get a work permit?

Thanks in advance.

[ubonjoe]

it is possible for your wife to set up a sole proprietor business and for you a work permit. It would require having enough Thai employees and your position to meet the requirements of your local work permit office.

Another option is to set up a partnership (51/49%) with your wife.

Do you already have a non-o visa or an extension of stay based upon marriage?

[craigp]

Hi Ubonjoe,

I'm in the process of getting the extension based on marriage. Any idea how many employee's she would need before she could employ me?

The partnership route needs heavy investment.? My of my free cash is in The Thai bank for the extension (400,000+)

[ubonjoe]

The number of Thai employees needed can vary between work permit offices. It can be from 2 to 4. Some allow your wife to be one of the 2 while others do not.

To form a partnership requires no investment. It would only require 1 million baht of registered capital when the partnership is registered to get you a work permit. You don't need the 1 million to be in the bank or invested.

[craigp]

Excellent, So can we register a partnership before I have my marriage extension? 'Registered Capital?' Meaning I say I have 1 million Baht, but really I don't..

[ubonjoe]

When you register the partnership you pay extra for each 100,000 baht of registered capital. From page 13 of A Business Guide to Thailand (English) (2014)

The fee for registering a partnership is 100 baht per 100,000 baht of registered capital. A fraction of 100,000 baht is regarded as

100,000 baht. The minimum fee is 1,000 baht and the maximum fee is 5,000 baht.

[cmsally]

Sorry just to throw in a slightly different angle/subject - although related.

When employing relations it seems impossible to get social insurance (prakan sangkhom) for relations (especially same family name and /or tabien bahn).

In the govt literature it does say it is possible with some evidence such as clock in - clock out/pay slips etc

However the bods manning the offices are adamant its a no can do for relations/next of kin etc.

Anyone have any experience on that ? However that is my experience.

My cousin does have some family members on his but they have different house reg and surname.

[garydubbs]

To form a partnership requires no investment. It would only require 1 million baht of registered capital when the partnership is registered to get you a work permit. You don't need the 1 million to be in the bank or invested.

if i form a partnership with my wife and capitalise do we still need to employ 2-4 employees?

[momtaz]

simply, go open a company and title yourself as managing director, as per the law your Thai wife will hold 51% and you 49%,

just go find a lawyer who will handle the process and they will explain it in details, that's it..

[ubonjoe]

To form a partnership requires no investment. It would only require 1 million baht of registered capital when the partnership is registered to get you a work permit. You don't need the 1 million to be in the bank or invested.

if i form a partnership with my wife and capitalise do we still need to employ 2-4 employees?

A I said a my post at #4 it depends upon the work permit office you have to use.

[craigp]

Is a Lawyer highly advisable? Or is it fairly easily done alone if my wife does a little homework.....

[moe666]

I knew a husband and wife in Chiang Mai who ran a small restaurant, I asked one day does Nick have a work permit and the answer was yes. I then asked how did he get it she said I filled all of the paper work out went to Labour office and told them I need for my husband to have a work permit to help me in business and they gave him one. I have to believe her because they sur didn't have 4 Thai employees and no big money to invest.

[Spoonman]

What is the Job Title on the work permit going to be ?

[Bcgardener]

I would suggest that you find a good accountant rather than a lawyer to set up the company as you will probably need one as things progress. I work in a company owned by my wife although in our case we have around 20 employees so the work permit is not a problem. Depending on your marital situation I would suggest starting the company without you having any shareholding, just be an employee. Thai Revenue has a habit of looking closely at new start up with a high percentage of foreign ownership. Ah later you have been trading for a year or two introducing foreign shareholding is less of a problem but I would still keep it under the 49% allowed as it will attract less attention. The last thing anyone wants is a van load of Revenue employees turning up for an audit.

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[irlguy1]

Really interesting thread. I will be in the same position next year. Moving back to Thailand with my wife and looking for options to get work permit and visa extension. We were hoping to have a small farm and eatery and employ her brother and dad so would I just need one more Thai and my wife to make up the 4? Ideally I would like to help on the farm or with cooking but I don't think a falang can do either is that correct?

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[ubonjoe]

Really interesting thread. I will be in the same position next year. Moving back to Thailand with my wife and looking for options to get work permit and visa extension. We were hoping to have a small farm and eatery and employ her brother and dad so would I just need one more Thai and my wife to make up the 4? Ideally I would like to help on the farm or with cooking but I don't think a falang can do either is that correct?

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You should get a single non-o visa based upon marriage to a Thai before traveling. Then you can get an extension of stay based upon marriage.

Then once you get a a partnership for company set up it would be possible to get a work permit as as managing partner or some other management position.

You cannot get a work permit for working on the farm or cooking. But as a manager you can be the boss and instruct them on what to do (hands on training is possible).

[craigp]

Excellent, accurate and informative as always Ubon Joe.

[BlueSkyCowboy]

Hi Ubonjoe,

I'm in the process of getting the extension based on marriage. Any idea how many employee's she would need before she could employ me?

The partnership route needs heavy investment.? My of my free cash is in The Thai bank for the extension (400,000+)

My wife employ's me all the time. Do the laundry, take the cars to the wash and the motorbikes etc. Do I need a special visa?

[chickenslegs]

Hi Ubonjoe,

I'm in the process of getting the extension based on marriage. Any idea how many employee's she would need before she could employ me?

The partnership route needs heavy investment.? My of my free cash is in The Thai bank for the extension (400,000+)

My wife employ's me all the time. Do the laundry, take the cars to the wash and the motorbikes etc. Do I need a special visa?

No, you need a less bossy wife!

[umbanda]

To register a limited partnership with your wife you DO NOT need to have the money for the stated capital, and can be from 500K to 1 mil depending the activity of the company. If the company will no do business requiring bank loans or licenses for import-export, 500K is enough. DO NOT NEED TO LOOK FOR LAWYER ADVICE OR HELP TO DO IT. Just go to the local DBD office for info or look at its website in English. You may need another Thai partner, like your wife family member, or your accountant, with 1% share, you with 48%, and your wife with 51%. You or your wife can be the director manager. Total cost doing by your self at the DBD office about 2000THB. Very easy and in 3 days you get the registration......with a lawyer?..over 10000THB.

If you need the company for business is OK, but in 6 months the company will have to declare and pay taxes, even without any business done, and will have to do it with an accountant. The minimum cost of the service will be 10000THB + any taxes. .and this is mandatory. Big fines and troubles if it is not done in time, or when the company is closed.

Most small business here, done by only a Thai citizen, do not require to register a company......

Edited May 12, 2014 by ubonjoe
Changed font size anf style.

[craigp]

To register a limited partnership with your wife you DO NOT need to have the money for the stated capital, and can be from 500K to 1 mil depending the activity of the company. If the company will no do business requiring bank loans or licenses for import-export, 500K is enough. DO NOT NEED TO LOOK FOR LAWYER ADVICE OR HELP TO DO IT. Just go to the local DBD office for info or look at its website in English. You may need another Thai partner, like your wife family member, or your accountant, with 1% share, you with 48%, and your wife with 51%. You or your wife can be the director manager. Total cost doing by your self at the DBD office about 2000THB. Very easy and in 3 days you get the registration......with a lawyer?..over 10000THB.

If you need the company for business is OK, but in 6 months the company will have to declare and pay taxes, even without any business done, and will have to do it with an accountant. The minimum cost of the service will be 10000THB + any taxes. .and this is mandatory. Big fines and troubles if it is not done in time, or when the company is closed.

Most small business here, done by only a Thai citizen, do not require to register a company......

Excellent advise. Thank you.

[leafmould]

I'm a little late in posting here so maybe no body reads this anymore, I should check emails more regularly i guess.

I've been thinking about this recently as well. problem I have is although I am married I am only here on tourist visa. I was working in UK until October and was going to apply for marriage visa but the Thai embassy said they wanted original bank statements not downloads and tho I asked the bank for them they didn't come in the 10 days they said, I didn't want to wait another 10 days so got triple entry tourist as i thought I'd only be here 6 month. i now might have a way to make a living here but want to do it as legally as possible and that looks like the wife business set up is best but still tricky. I need go out of LOS to get new visa in a couple o weeks so maybe try to get marriage visa then but i only have about 200000 Bhat in bank now so would a job offer from my wife's yet to be formed business be better?

Umbanda do you know If it's a Thai only owned company that is not registered can it employ farang? I guess not but.... and can you do your own accounts at the 6 month period to save that 10000 Bhat? I probably won't be earning that a month initially! I do my own in the Uk and they are simple but still difficult to figure the accountant lingo sometimes.

The Thai employees, can they be part time? like real part time, aunts or cousins a couple of hours a week, cos the business don't need them much (at all, at least to start with). I'm also wondering which work permit office allows 2 employees? Is it how you approach them and how they feel deal or some known to be on the 2 rather than 4 side? I'm hoping CM.

Thanks guys

[ubonjoe]

I will just answer you visa issue. You can get a multiple entry non-o visa based upon marriage in Savannakhet Laos with no financial proof. It will give your 90 day entries for a year.

[leafmould]

I will just answer you visa issue. You can get a multiple entry non-o visa based upon marriage in Savannakhet Laos with no financial proof. It will give your 90 day entries for a year.

Thanks, that'll be a step forwards anyway.

[Gulfsailor]

I'm a little late in posting here so maybe no body reads this anymore, I should check emails more regularly i guess.

I've been thinking about this recently as well. problem I have is although I am married I am only here on tourist visa. I was working in UK until October and was going to apply for marriage visa but the Thai embassy said they wanted original bank statements not downloads and tho I asked the bank for them they didn't come in the 10 days they said, I didn't want to wait another 10 days so got triple entry tourist as i thought I'd only be here 6 month. i now might have a way to make a living here but want to do it as legally as possible and that looks like the wife business set up is best but still tricky. I need go out of LOS to get new visa in a couple o weeks so maybe try to get marriage visa then but i only have about 200000 Bhat in bank now so would a job offer from my wife's yet to be formed business be better?

Umbanda do you know If it's a Thai only owned company that is not registered can it employ farang? I guess not but.... and can you do your own accounts at the 6 month period to save that 10000 Bhat? I probably won't be earning that a month initially! I do my own in the Uk and they are simple but still difficult to figure the accountant lingo sometimes.

The Thai employees, can they be part time? like real part time, aunts or cousins a couple of hours a week, cos the business don't need them much (at all, at least to start with). I'm also wondering which work permit office allows 2 employees? Is it how you approach them and how they feel deal or some known to be on the 2 rather than 4 side? I'm hoping CM.

Thanks guys

You don't actually need to put the Thai workers at work. As long as the books show that you have them, salary is paid out (can of course be to yourself, who can check), but you will need to pay the appropriate tax and social security contributions for these workers. And minimum income they must earn is 9000 a month. Furthermore for you need to pay tax and social security on your income as well, which for visa renewal purposes will be 50,000 monthly. Together with monthly accounting cost, you should expect to fork out around 10,000 monthly for this. So getting a valid reason to stay in Thailand long time for reasons of employment is not going to be cheap. If you use your marriage for visa renewal then things become somewhat easier. Most labor depts accept 2 Thai workers (besides owner/director) if it's a fully Thai owned company, and salary requirement of 50,000 also does not have to be met.

[ucomservices]

Gilfsailor who said in your last post :

"Most labor depts accept 2 thai workers ( besides/owner director) if it's a fully Thai owned company and the salary requirement of 50,000 also does not have to be met"

Can this company be opened in my Thai wife's name and will my salary as an employee of the company as a procurement officer for th company goods does not have to be shown as 50,000.

This is really informative and can all the process be done by taking my Thai wife to all the concerned offices instead of hiring a lawyer or not.

An early reply is appreciated.

[ubonjoe]

Some work permit offices will allow your wife to be one of the 2 Thai employees.

The 50k baht salary is only required if you are applying for an extension of stay based upon working under clause 2.1 of the police order.

There is no minimum salary requirement to get a work permit.