Hello all,

 

I am currently working as a foreign national at a foreign company based in Bangkok for 2 years. I possess a working permit, tax id number and a non-immigrant B visa.

My question is: Is it possible to start a company with a Thai national (therefore I would take 49% ownership) on this work permit, or do I need to have the newly set up business apply for an additional working permit for me?

 

The idea is to set up the business in spare time and thus stay with the company I'm with currently full-time.

 

Thanks in advance for your responses.

 

 

Your current work permit is job/employer specific. It can not be used for something for which it was not issued.

second that ^^

Just setting up the company could be done. But you would not be able start working at your company without getting a work permit for it.

Clear guys, many thanks for your answers.

You can be a shareholder and member of the board (director) without any active duty, except signing an annual statement, without a Work Permit. If you are going to perform any active duty in the company, in theory just write a deposit slip for a bank, you'll need a Work Permit issued to that specific company and workplace – perhaps an addition in your existing Work Permit..? – and for the company to obtain a Work Permit for one alien, the company normally need to have minimum 2 million baht shareholder capital, and 4 Thai employees; sometimes also an annual statement is necessary, but there are exceptions for all the required minimums, depending of business.

I wanted to do exactly the same thing and it is not easy. I wasted money on legal assistance on this as well.

 

The problem is you have been permitted employment and a visa in Thailand based upon your current job, anything you do outside of that is nothing to do with your job, therefore your work permit cannot be used and neither can your visa.

 

What you have to do is set up the company and then apply for a work permit for yourself which means cancelling your current work permit,, now of course you dont want to do this because it is your main income but you cannot have 2 work permits.

 

The way i am doing it now is i have set up my company. The business has been set up to cover a multitude of functions which includes consulting so I got agreement from my Thai employer to change my employment to a subcontracted deal with my new company.

 

So, my work permit covers me for my business and the monthly invoices that go to my original Thai employer. The only thing you have to do is carefully work out the agreement with your current employer.

 

this is the only way i have been able to do it.

 

good luck

6 hours ago, GAZZPA said:

you cannot have 2 work permits.

 

You can not have two work permits in the same province, however you can have an additional employer added to your existing work permit.

 

The first employer has to agree to this. In addition, when it's time for your extension of stay you need to provide immigration with full sets of documents for both employers.