Work Permit for selling paintings

[BOKAJ]

I am working in MNC in Kingdom of Thaildnd on Non-Immigrant B visa. My wife has long-term Non-Immigrant O (Dependent) visa in Kingdom of Thailand. She is a hobby painter and looking forward to convert it to a full time profession. What kind of visa changes and Work Permits are required for her to start selling painting? She has not started selling anyway or anywhere in Thailand. As Labor Ministry has recently amended rules and regulations for foreigners working in Thailand, I am looking for some official page or information. We are ready to bear any expenses if official application for work permit and other formalities are required.

We both are foreigners and not Thai Citizens.

Cheers,

The Doc Doc

[perthperson]

Your wife would need a Thai employer before she could obtain a work permit.

 

Alternatively she could form a registered Thai Company and employ four Thai people (A local lawyer will assist at a cost) 

 

 

[VocalNeal]

12 minutes ago, perthperson said:

Alternatively she could form a registered Thai Company

Min. 51% Thai?

[elviajero]

If her painting becomes an occupation she would need permission to work which she will not get. She could set up a limited company and work for that company, but it's expensive and almost certainly not practical.

 

Keeping her hoppy as a hobby in the eyes of officialdom is best, and an unofficial arrangement with a Thai person to sell on her behalf would probably be the way forward.

[seancbk]

54 minutes ago, elviajero said:

If her painting becomes an occupation she would need permission to work which she will not get. She could set up a limited company and work for that company, but it's expensive and almost certainly not practical.

 

Keeping her hoppy as a hobby in the eyes of officialdom is best, and an unofficial arrangement with a Thai person to sell on her behalf would probably be the way forward.

At what point does a hobby (painting at home) become a job?    If I want to sell one of my possessions in Thailand there is no way that requires a work permit.   So why should the OP's wife require a WP to sell a paiting she's done.   Even if she was selling lots of them, she isn't working for a Thai company, she isn't taking a job from a Thai and she isn't breaking any laws.  She is merely enjoying a hobby and making space for new paintings by selling old ones.

 

[stevenl]

16 minutes ago, seancbk said:

At what point does a hobby (painting at home) become a job?    If I want to sell one of my possessions in Thailand there is no way that requires a work permit.   So why should the OP's wife require a WP to sell a paiting she's done.   Even if she was selling lots of them, she isn't working for a Thai company, she isn't taking a job from a Thai and she isn't breaking any laws.  She is merely enjoying a hobby and making space for new paintings by selling old ones.

 

" Even if she was selling lots of them, she isn't working for a Thai company, she isn't taking a job from a Thai and she isn't breaking any laws. "

Working for Thai company or not is not important, neither is whether she is taking a job from a Thai.

I disagree with you on 'not breaking any laws', I'd say she is working.

[ubonjoe]

A post and a reply bringing politics into the discussion have been removed. Political discussions are not allowed on this forum.

[Rimmer]

An inflammatory troll post has been removed also quoted replies

[seancbk]

1 hour ago, stevenl said:

" Even if she was selling lots of them, she isn't working for a Thai company, she isn't taking a job from a Thai and she isn't breaking any laws. "

Working for Thai company or not is not important, neither is whether she is taking a job from a Thai.

I disagree with you on 'not breaking any laws', I'd say she is working.

Whether you are working for a company is important, as I think you'll find that immigration and the labour department are really only concerned with people working in what they categorise as 'jobs' or 'employment' ie those people actually hired by a local company.    

Selling your own possessions (online or off) is not considered working.   Otherwise every single farang selling second hand stuff on the many 'For Sale' groups on Facebook would be breaking the law.

Doing a blog post that you get paid for outside of Thailand is not considered working.   Otherwise every visitor to Thailand who updates their online business in any way would be breaking the law.

If you actually think they are then you've got a very poor view of the intelligence of the immigration and labour departments.


 

[stevenl]

18 minutes ago, seancbk said:

Whether you are working for a company is important, as I think you'll find that immigration and the labour department are really only concerned with people working in what they categorise as 'jobs' or 'employment' ie those people actually hired by a local company.    

Selling your own possessions (online or off) is not considered working.   Otherwise every single farang selling second hand stuff on the many 'For Sale' groups on Facebook would be breaking the law.

Doing a blog post that you get paid for outside of Thailand is not considered working.   Otherwise every visitor to Thailand who updates their online business in any way would be breaking the law.

If you actually think they are then you've got a very poor view of the intelligence of the immigration and labour departments.


 

I said Thai company.

 

Disagree with your other points, there is a difference between once selling household goods online and selling self made paintings; you can not compare activities of a visitor to those of somebody living here.

[seancbk]

6 minutes ago, stevenl said:

I said Thai company.

 

Disagree with your other points, there is a difference between once selling household goods online and selling self made paintings; you can not compare activities of a visitor to those of somebody living here.

I was referring to a Thai company too.   Not sure what you mean by saying "I said Thai company".

Explain how you think selling one of your possessions that you no longer need, for example your old mobile phone after an upgrade, is any different to painting a picture (hobby not a job) then deciding you want to sell that picture.

 

[stevenl]

28 minutes ago, seancbk said:

I was referring to a Thai company too.   Not sure what you mean by saying "I said Thai company".

Explain how you think selling one of your possessions that you no longer need, for example your old mobile phone after an upgrade, is any different to painting a picture (hobby not a job) then deciding you want to sell that picture.

 

Because, as you yourself imply, immigration and labour office are not stupid and see the difference between somebody making paintings and selling them and somebody selling an old mobile.

[seancbk]

6 minutes ago, stevenl said:

37 minutes ago, seancbk said:

I was referring to a Thai company too.   Not sure what you mean by saying "I said Thai company".

Explain how you think selling one of your possessions that you no longer need, for example your old mobile phone after an upgrade, is any different to painting a picture (hobby not a job) then deciding you want to sell that picture.

 

Because, as you yourself imply, immigration and labour office are not stupid and see the difference between somebody making paintings and selling them and somebody selling an old mobile.

You are conveniently ignoring the fact that immigration only care about people taking 'jobs'    

The criteria is are you taking a job in a Thai company?    Is a Thai company paying your salary?   Are you paying tax?  






 

[elviajero]

5 hours ago, seancbk said:

At what point does a hobby (painting at home) become a job?    If I want to sell one of my possessions in Thailand there is no way that requires a work permit.   So why should the OP's wife require a WP to sell a paiting she's done.   Even if she was selling lots of them, she isn't working for a Thai company, she isn't taking a job from a Thai and she isn't breaking any laws.  She is merely enjoying a hobby and making space for new paintings by selling old ones.

 

It becomes an occupation/job/business when she sells the pictures.