Using a Business Owner visa to get a WP

[irishtoffy]

My situation as currently stands is that I am the 49% shareholder of a registered, legit paid up business which is an ongoing concern and trading.

We have registered the required Thais for social to get the Non-Imm B visa through the company.

But the lawyer helping says that when applying for the WP, I will still have to justify the hiring of a foreigner over a Thai on the application?

Is this correct?

I presumed that the business owner visa/WP did not require that justification? I don't see how people running bars could justify their WP then?

Is 'Management' or something similar valid?

Thanks for any useful inputs!

toffy

[Soutpeel]

But the lawyer helping says that when applying for the WP, I will still have to justify the hiring of a foreigner over a Thai on the application?

That's correct, typically a formality, you or the lawyer needs to write a "flowery" job description, which justifies the employment of a foreigner

[FritsSikkink]

you would be the managing director of that company

[irishtoffy]

And as the 'managing director' of the company - do I still have to justify my WP outside of this?

[irishtoffy]

And the lawyer has suggested stating 'translator' as the reason for my visa/WP.

This seems off the mark to me?

[Soutpeel]

And the lawyer has suggested stating 'translator' as the reason for my visa/WP.

This seems off the mark to me?

I guess what they are telling you depends on what the business function is

[ikbenhet]

Manager is good enough reason for the permit.

[Crash999]

I'm a marketing manager according to my WP - apparently it's easier to get approval for certain positions.

[guavagirl]

You can get a WP as a General Manager.

[tolsti]

Consultant will also work.

[irishtoffy]

Is the stated function on the WP ever checked?

As in if I put down manager, would they come and check I am 'managing' and nothing else?

Or is it sufficiently vague enough to argue?

Thanks for the help so far!

toffy

[irishtoffy]

I should also say, we are opening a tutor school (not a language school). The lawyer suggests applying through a property business initially, with me as translator, however now I will suggest consultant.

We will then apply for the tutor school licence, which we can't do right now as it will take 1-2 months according to her. Does anybody have any knowledge on this process?

So the plan is to go on the property business for 1-2 month until school licence comes through and I can apply for the visa/WP through that. Issues in this plan?

toffy

[nzexpat]

I should also say, we are opening a tutor school (not a language school). The lawyer suggests applying through a property business initially, with me as translator, however now I will suggest consultant.

We will then apply for the tutor school licence, which we can't do right now as it will take 1-2 months according to her. Does anybody have any knowledge on this process?

So the plan is to go on the property business for 1-2 month until school licence comes through and I can apply for the visa/WP through that. Issues in this plan?

toffy

What , exactly is a "tutor school" ?

Where is a "tutor school" licence obtained ?

I confess ignorance having never heard of such a thing before ................

[innerspace]

Sounds about right... general manager of a school could easily be subject to additional education licenses and permits that is sounds like you dont have.

So phrase the job description in whatever way your advisor states, or wait to have your legal licences.

[Soutpeel]

I should also say, we are opening a tutor school (not a language school). The lawyer suggests applying through a property business initially, with me as translator, however now I will suggest consultant.

We will then apply for the tutor school licence, which we can't do right now as it will take 1-2 months according to her. Does anybody have any knowledge on this process?

So the plan is to go on the property business for 1-2 month until school licence comes through and I can apply for the visa/WP through that. Issues in this plan?

toffy

I curious to know how you incorporated articles in the same company for trading in to uncompleted associated business models i.e. a property business that will be trading as a school ? they usually will not let you incorporate a company like this, unless they are incorporating two separate companies under the same share holders/owners

This is like setting up a MacDonalds to sell hamburgers and in actuality your building cars...

[blackcab]

The standard application to form a company that a lot of people use at the DBD lists about twenty business objectives that cover just about everything you can thing of, including Thai bath houses.

On the application you then add the specific objective of your company, and this is listed as the final, additional, objective.

[irishtoffy]

I need to go meet with this 'lawyer' tonight!

[natway09]

As a Director of a legit Co employing 10 people, paying VAT, payroll tax, & submiting end of year returns you should

not have any problems getting a WP, in particular if balance sheet is healthy.

Maybe a new lawyer more versed in this area

[blackcab]

From experience, the Ministry of Labour are more used to issuing work permits for certain job descriptions.

The two descriptions I have experience of are General Manager and Business Development Manager. I know of others with the same job titles.

The people I know with work permits are either managers or they have niche skills which almost always involve managing people (such as executive chef).

[blackcab]

I should also say, we are opening a tutor school (not a language school). The lawyer suggests applying through a property business initially, with me as translator, however now I will suggest consultant.

We will then apply for the tutor school licence, which we can't do right now as it will take 1-2 months according to her. Does anybody have any knowledge on this process?

So the plan is to go on the property business for 1-2 month until school licence comes through and I can apply for the visa/WP through that. Issues in this plan?

toffy

One issue would be VAT. Depending on how the company was registered, it would depend on whether your company needed to be registered for VAT or registered as VAT exempt.

If your company deals in land sales, it would be VAT exempt. If it acted as an agent, and did other activities such as managing property it could be registered for VAT.

I mention this because I am assuming the tutor business will be charging VAT, which it couldn't do with a VAT exempt company.

If you need to you can change a VAT exempt company to a VAT registered company, but that is going to cost you more in legal/accountancy fees.