Business advice

[Simon555]

Currently on ME Type-O with a view to getting a one year extension due to marriage.

 

Thinking of setting up a little cafe/bar in the future. Has anybody here done this?  

 

Which visa would be best to allow me to work? I'm assuming the business would be solely in my Thai wife's name to make life easy, but where do I stand legally on this? Would I need to attain a work permit?

 

Many thanks for your replies and happy new year to you all :)

[muzmurray]

More hassle and cost than it's worth. (If you insist on working there).

[daveAustin]

Agreed. If you wanted to work too, you're looking at putting something like 2mil down and having four Thais working there.

[colinchaffers]

To work in Thailand you need a work permit, but to do this you will need a legal company. There have been cases where farangs have been reported working, you don't need this type of hassle


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[ubonjoe]

42 minutes ago, daveAustin said:

Agreed. If you wanted to work too, you're looking at putting something like 2mil down and having four Thais working there.

If married to a Thai the company or partnership only needs to have registered capital of 1 million baht and at some work permit offices only 2 Thai employees.

Registered capital is just number used when registering the company it does not have to be in cash.

[FritsSikkink]

you can't do any bar work, only act as a manager

[Simon555]

Thanks for the replies. Quick round up:

 

Wife can work as a sole trader, I can just drink coffee and run to the cash n carry for her. No need to set up a legal company. 

 

or

 

Set up a company, show assets of 1-2 million baht, employ a few Thais and try to get hold of some work permits to allow me (or other farangs) to work.

 

Interesting....

[Simon555]

But...

 

On another post, IMA_FARANG's response was:

 

Quote

It is perfectly legal for you to work with a Non 0 visa and a marriage extension.

Just because you are staying here based on being married to a Thai, that does not stop you from working in Thailand if you can find a job and the company that wants you is willing to do the paperwork to get you a work permit.

 

So, my wife could employ me?

[ubonjoe]

3 minutes ago, Simon555 said:

But...

 

On another post, IMA_FARANG's response was:

 

 

So, my wife could employ me?

Yes her business or company could employ you but only to do certain jobs. Some are restricted to Thais only.

[Simon555]

Ah, I could be my wife's bar manager as long as I had Thai staff to order about?

 

Coming from the bar industry in the UK I find most Thai service incredibly poor. I often see 8 staff in a café, most of them messing around on their phones (an absolute no no) and I still have to stand up to get my coffee from the counter once it has been prepared. I can't believe the level of apathy.

[FritsSikkink]

54 minutes ago, Simon555 said:

Thanks for the replies. Quick round up:

 

Wife can work as a sole trader, I can just drink coffee and run to the cash n carry for her. No need to set up a legal company. 

 

or

 

Set up a company, show assets of 1-2 million baht, employ a few Thais and try to get hold of some work permits to allow me (or other farangs) to work.

 

Interesting....

Officially you can't even do the shopping or carry the shopping into the bar / restaurant. you can tell the staff to unload the car and bring you your coffee. I know someone who got deported because he was filmed by an competitor carrying the shopping from the car into the shop without having a work permit

[Simon555]

Wow FritsSikkink, that is an eye opener! I would have considered zero wage being proof that no work was being done, but that is something else. 

[sirmud63]

4 hours ago, FritsSikkink said:

you can't do any bar work, only act as a manager

not true . he could get a work permit as a cook or chef. if he has the qualifications , the same goes for a manager,you need to be qualified .  but the work permit will only allow you to work in the kitchen . you carnt wait on tables or any front of house, work . in fact you could be busted for just being behind the bar .  not only that ,if you dont make a certain amount of profit in the first year after paying tax and ss for your self and staff ,you would loose your company and all the money you put into it .  think carfully my friend .

[FritsSikkink]

2 minutes ago, sirmud63 said:

not true . he could get a work permit as a cook or chef. if he has the qualifications , the same goes for a manager,you need to be qualified .  but the work permit will only allow you to work in the kitchen . you carnt wait on tables or any bar work . in fact you could be busted for just being behind the bar .  not only that ,if you dont make a certain amount of profit in the first year after paying tax and ss for your self and staff ,you would loose your company and all the money you put into it .  think carfully my friend .

A cook or a chef isn't barwork

[sirmud63]

2 minutes ago, FritsSikkink said:

A cook or a chef isn't barwork

uuum yeah , thats plain as day . your point is ??

[FritsSikkink]

2 minutes ago, sirmud63 said:

uuum yeah , thats plain as day . your point is ??

Read the statement you commented on "you can't do any bar work"

 

[sirmud63]

1 minute ago, FritsSikkink said:

Read the statement you commented on "you can't do any bar work"

 

you also said that he could only    act as manager . that is incorrect .

[Rc2702]

6 hours ago, ubonjoe said:

If married to a Thai the company or partnership only needs to have registered capital of 1 million baht and at some work permit offices only 2 Thai employees.

Registered capital is just number used when registering the company it does not have to be in cash.

Can you break that part down please?

Co. Has to have an opening balance of 1 million or assets in thailand of 1 million or?

[FritsSikkink]

17 hours ago, sirmud63 said:

you also said that he could only    act as manager . that is incorrect .

You can act as a manager, you don't know what you are talking about.

[sirmud63]

5 hours ago, FritsSikkink said:

You can act as a manager, you don't know what you are talking about.

hah, i have no idear mate . i only bourght my own company with my g/f to support my own visa and work permit ,to enable me to run the restaurant i bourght 3 years ago . am on my 3rd workpermit now . so yeah , i dont know much . 

tell me , what do you do ?

[FritsSikkink]

1 minute ago, sirmud63 said:

hah, i have no idear mate . i only bourght my own company with my g/f to support my own visa and work permit ,to enable me to run the restaurant i bourght 3 years ago . am on my 3rd workpermit now . so yeah , i dont know much . 

tell me , what do you do ?

I am a projectmanager

[FritsSikkink]

3 minutes ago, sirmud63 said:

hah, i have no idear mate . i only bourght my own company with my g/f to support my own visa and work permit ,to enable me to run the restaurant i bourght 3 years ago . am on my 3rd workpermit now . so yeah , i dont know much . 

tell me , what do you do ?

"support my own visa and work permit ,to enable me to run the restaurant"

And you are telling us you can't be a manager?

[sirmud63]

5 minutes ago, FritsSikkink said:

"support my own visa and work permit ,to enable me to run the restaurant"

And you are telling us you can't be a manager?

not at all mate . my work permit is for a chef , my g/f manages the front of house and i manage the kitchen and the staff . 

[baansgr]

Legally you are restricted to which work you can do. Different islands or provinces will determine what you can do by who you know or what the authorities allow you to do. This can Change at anytime if the people you know are replaced in their position. 

[phuket88]

Dont forget the 50,000 minimum salary for a Farang.

[ubonjoe]

22 minutes ago, phuket88 said:

Dont forget the 50,000 minimum salary for a Farang.

That is to get an extension of stay based upon working for those from some western countries.  OP is married to Thai so he would not need to apply for that extension. There is no minimum salary  to get a work permit.

[ubonjoe]

45 minutes ago, baansgr said:

Legally you are restricted to which work you can do. Different islands or provinces will determine what you can do by who you know or what the authorities allow you to do. This can Change at anytime if the people you know are replaced in their position. 

Actually that is not correct. There is a law that restricts what work can be done by a foreigner.

See: http://thailawonline.com/en/others/labour-law/forbidden-occupations-for-foreigners-jobs.html

[phuket88]

That is to get an extension of stay based upon working for those from some western countries.  OP is married to Thai so he would not need to apply for that extension. There is no minimum salary  to get a work permit.

http://www.thailandredcat.com/the-minimum-wages-for-foreigners-working-in-thailand/


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[lungnorm]

18 hours ago, sirmud63 said:

hah, i have no idear mate . i only bourght my own company with my g/f to support my own visa and work permit ,to enable me to run the restaurant i bourght 3 years ago . am on my 3rd workpermit now . so yeah , i dont know much . 

tell me , what do you do ?

Restaurants are the hardest way to make a quid. My son had  seafood restaurant in the heart of Sydney City Australia. Could not make money landlord kept upping the rent. Also anyone they found to take over the lease was discouraged by the landlord. So Lay a legal trap for the landlord and caught him in the act of discouraging me from taking over the lease. So my son and his Chef partner were able to walk away. Anyone will tell you long hours small return. 

[ubonjoe]

11 minutes ago, phuket88 said:

http://www.thailandredcat.com/the-minimum-wages-for-foreigners-working-in-thailand/

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So that lists the salary needed to apply for an extension of stay based upon working.

There is none to get a work permit.