Thread: Do I need a work permit?

My Thai wife and I are opening a shop house in Rayong.We are going to have a small store,with 7/11 kind of stuff.Also a small cafe with a bar.I am only there 3 weeks every 3 months.If when I'm there I want to cook on the grill or in the kitchen or make drinks or play my guitar.Do I need a work permit?She is going to be the owner or 51% owner.

You need a WP to be legal

Which is it.Can I work with a work permit or not.Can I get into trouble working there without a work permit?

You cant get a work permit unless you are residing here. That would seem to be the problem.

Has there ever been one of these threads where the answer has been: no, you'll be alright, go ahead. ???

Thailand is not set up for foreigners to make money (some could say why should it be?). If it's a job, you either can't do it or need a work permit for it. That means, either it can't legally be done, you'll need to work for a company or you'll need to invest a fair bit of cash to satisfy the requirements.

These threads never seem to be good news for the OP, sadly.

To answer the OP, you can't - it's a job on the 'foreigners are not allowed to do it' list. In theory, there may be ways around it like starting your own business and being an international 'expert', but even then the local police/immi will find a way to prevent it or earn from it... Sorry.

Not wanting to knock your plans, but personally I would forget about the whole idea. However, if you do go ahead (and I wish you well, if you do) and manage to open your shop/cafe, don't even think about 'working', especially if you are in the vicinity of other similar outlets. The chances are that some jealous competitor will 'drop you in it' by contacting the authorities.

a guy in hua hin was shaken down for 100,000 baht for serving drinks to his friends who dropped by his wifes restaurant one afternoon, the immigration/labour department police were conveniently stood on the other side of the road waiting for something like this to happen.

they got 4 or 5 others around town on the same day for "working illegally", one was washing up some cups in the back.

carefull mate ,,,,,,,,, unless you can bear the pain of the knives in your back forget it ,,

wish you luck for your wifes business though ,,

Originally Posted by scrapmetalband

when I'm there I want to cook on the grill or in the kitchen or make drinks

Both occupations you won't get a work permit for.

You will have to get a work permit as a manager or something equivalent.

Originally Posted by aging one

You cant get a work permit unless you are residing here.

Technically, you need a Non-Immigrant visa to obtain a work permit and on a Non-Immigrant visa you are not a Thai resident. You are a temporary visitor for purposes other than tourism, hence the 90-day reporting or visa runs.

If you obtain permanent residency your visa is changed to Immigrant class.

Where is your cafe gonna be?
I live in Rayong, might pop in for a beer.

Originally Posted by scrapmetalband

Can I work with a work permit or not

Yes you can.

Originally Posted by scrapmetalband

Can I get into trouble working there without a work permit?

Yes you can.

You cannot spank the monkey without a work permit here, that's why Thailand has such a prolific sex industry. You have to hire a Thai to do it for you.

Originally Posted by aging one

You cant get a work permit unless you are residing here. That would seem to be the problem.

what a load of crap,I have one and Iam not a resident.

Originally Posted by Fondles

what a load of crap,I have one and Iam not a resident.

So do you live here or come and go as the OP? I by no means meant a resident visa as all the other posters have noticed. How can you have WP if your main domicile is not here. Jai yen yen.

ok how many guys on here have a WP? Lets get to the bottom of this who and who cant, am sure there's a million stories around that you can read.

I have bye the way before any one ask, I'm a window cleaner

Originally Posted by the dogcatcher

Where is your cafe gonna be?
I live in Rayong, might pop in for a beer.

Dont have the address in front of me.Same as the house we are in now but # is different.Will get it to you.I really dont have to do anything there but I am going to have great burgers,pasta dishes,gumbo,grilled prawns,ect.My wife is an execellent cook and so am I.Going to have thai food as well.I have taught her a lot allready so she's not going to have a problem with any of this.There is no other shop or store very close to us but we are only about 1 1/2 KM from Rayong beach.The kind of food and drink that we are going to have at our place is practically non-existent in Rayong.Should be open in about a month.

Originally Posted by scrapmetalband

I am only there 3 weeks every 3 months.If when I'm there I want to cook on the grill or in the kitchen or make drinks or play my guitar.Do I need a work permit?

There are books and good websites from Thai-lawfirms about this.
No matter how little you work, you will always need a work permit.
And yes, a lot of farangs do work without a permit - and some get into troubles, sooner or later ("the pain of the knives in your back").

To obtain a work permit, for the first you will need a non-emigrant-B visa plus a letter from the company/business offering you the job.
There will be quite some paperwork/documentation needed when in Thailand. The company need to have a registered capital of min. 2 mio. baht for 1 work permit. There will be minimum salaries, depending of which country you come from and the kind of work to be performed, so you will pay some (just a little) income tax and social security (which also covers you).
A WP is for a limited time, up to 1 year, but can be renewed.
Many will use an agent or a lawyer to do the offical paperwork.
You may legally only perform the kind of work listed in your WP book.
The Amphor will (normally) have a good explaining leaflet in English text.

Even you have a WP, do not think about doing any other kind of work than listed. If Immmigration gets hand on you, it may be a fine, out and even "good bye Thailand" or a resonable sum to the police to forget all about you, this time.

You can be shareholder or financial partner in a business, but connot work in the company/business without a WP. Remember to be on the "right side" of the desk, just stepping behind (or play the guitar) at the wrong time (when suddently Immagration see you), may be it. Happened to a my friend of me, who even had a WP, as Graphic Designer, but not to work behind his own bar desk. Quite expencieve experience.

Best advise: Enjoy your 3 weeks holiday every 3 month - let the others do the work for you.
- And if you decide to cook, mix cocktails or play guitar - keep a low profile, look out and be close to the back door.

Originally Posted by khun Per

Originally Posted by scrapmetalband

I am only there 3 weeks every 3 months.If when I'm there I want to cook on the grill or in the kitchen or make drinks or play my guitar.Do I need a work permit?

There are books and good websites from Thai-lawfirms about this.
No matter how little you work, you will always need a work permit.
And yes, a lot of farangs do work without a permit - and some get into troubles, sooner or later ("the pain of the knives in your back").

To obtain a work permit, for the first you will need a non-emigrant-B visa plus a letter from the company/business offering you the job.
There will be quite some paperwork/documentation needed when in Thailand. The company need to have a registered capital of min. 2 mio. baht for 1 work permit. There will be minimum salaries, depending of which country you come from and the kind of work to be performed, so you will pay some (just a little) income tax and social security (which also covers you).
A WP is for a limited time, up to 1 year, but can be renewed.
Many will use an agent or a lawyer to do the offical paperwork.
You may legally only perform the kind of work listed in your WP book.
The Amphor will (normally) have a good explaining leaflet in English text.

Even you have a WP, do not think about doing any other kind of work than listed. If Immmigration gets hand on you, it may be a fine, out and even "good bye Thailand" or a resonable sum to the police to forget all about you, this time.

You can be shareholder or financial partner in a business, but connot work in the company/business without a WP. Remember to be on the "right side" of the desk, just stepping behind (or play the guitar) at the wrong time (when suddently Immagration see you), may be it. Happened to a my friend of me, who even had a WP, as Graphic Designer, but not to work behind his own bar desk. Quite expencieve experience.

Best advise: Enjoy your 3 weeks holiday every 3 month - let the others do the work for you.
- And if you decide to cook, mix cocktails or play guitar - keep a low profile, look out and be close to the back door.

Yes,I think maybe for now anyway,I'll just let my wife handle everything.I'll just be the adviser and director of certain aspects of this.

Originally Posted by khun Per

Even you have a WP, do not think about doing any other kind of work than listed

ie . if you have a licence to flip burgers and someone comes in and wants a sausage doin , let your missus handle the sausage

you about Andy ?

Originally Posted by scrapmetalband

Originally Posted by pickel

If you are here on a marriage visa you can help out with the family business.

This is my situation.I am in Afghanistan for three months and then I come to (what I call home)Rayong for three weeks.I havent been back to the States in two years.I guess I just have tourist visa.I use a law firm in Bangkok for things and am going get there advise and direction on how I should proceed with all of this.Just want to get out of Afghanistan and come home.Wifes been wanting me to quit for a while.Anyway,if can set this place up the way I want, it will be a good spot to come to.

If you are American (citizen/passport), I read (from a reliable source), that there may be some special favorable regulations (dating back from the 70'ies Vietnam War deal) concerning longtimestay/business/ownership, which many are unaware of. Unfortunetale I did not "bookmark" (I am Scandinavian), but it may be worth checking.

Just a few good books:
"How to Establish a Successful Busines in Thailand" by Philip Wylie (Paiboon Publ. 2007) ISBN 1-887521-75-8
"Thai Law for Foreigners" (Paiboon Publ. 2008) ISBN 978-1-227521-57-4

Usefull for Visa, WP, DriverLicense etc.:
"Retiring in Thailand" by Philip Bryce (Paiboon Publ. 2007) ISBN 978-1-887521-79-6

Don't buy books in the airport, double priced, buy the from a bookshop. Bookazine stores have a good selection of farang-style-books.

Probably the best web-site for Thai-visa, WP, Business and all other matters is:
thailandguru.com

Most wise I ever read about farang-business:
"The best way to make a small fortune on a business in Thailand is - to begin with a big fortune!"

I really understand you wish to change Afganistan with "home" and wish you all the best with your new life and business)

Most wise I ever read about farang-business:
"The best way to make a small fortune on a business in Thailand is - to begin with a big fortune!"

Not looking to make a fortune.If I wanted to do that I would go back to the States and crank my business back up there.Dont want to do that.Just thought we would have some fun with this and maybe make something too.I'll check these books out.Thanks.

Originally Posted by khun Per

If you are American (citizen/passport), I read (from a reliable source), that there may be some special favorable regulations (dating back from the 70'ies Vietnam War deal) concerning longtimestay/business/ownership, which many are unaware of. Unfortunetale I did not "bookmark" (I am Scandinavian), but it may be worth checking.

The U.S-Thai Treaty of Amity, formally known as the Treaty of Amity and Economic Relations, was signed at Bangkok on May 29, 1966. The treaty allows for American citizens and businesses incorporated in the U.S, or in Thailand to maintain a majority shareholding or to wholly own its company in Thailand, and thereby engage in business on the same basis as would a Thai national. These companies are also exempt from most of the restrictions on foreign investment imposed by the Foreign Business Act of 1999. The treaty in effect allows for an equality of benefits between the countries. American companies who wish to be covered by the Treaty of Amity should have a minimum of 50% American directors and a minimum of 51% of shares must be held by American citizens.

U.S.

Originally Posted by Nostradamus

Originally Posted by khun Per

If you are American (citizen/passport), I read (from a reliable source), that there may be some special favorable regulations (dating back from the 70'ies Vietnam War deal) concerning longtimestay/business/ownership, which many are unaware of. Unfortunetale I did not "bookmark" (I am Scandinavian), but it may be worth checking.

The U.S-Thai Treaty of Amity, formally known as the Treaty of Amity and Economic Relations, was signed at Bangkok on May 29, 1966. The treaty allows for American citizens and businesses incorporated in the U.S, or in Thailand to maintain a majority shareholding or to wholly own its company in Thailand, and thereby engage in business on the same basis as would a Thai national. These companies are also exempt from most of the restrictions on foreign investment imposed by the Foreign Business Act of 1999. The treaty in effect allows for an equality of benefits between the countries. American companies who wish to be covered by the Treaty of Amity should have a minimum of 50% American directors and a minimum of 51% of shares must be held by American citizens.

U.S.

I will look into this.Will talk to my lawyers about it and see if they think it would benifit me.Got some pics of this place from my wife.It's bigger and nicer than I thought.Even though it's going to be a small enterprise it has potential.But I need to be involved directly.Could turn this into something.Thanks for the info.Will post some pics of this place at some point.