Can a sole proprietor in Thailand sponsor a Business Visa?

Oct 17, 2019
5 years ago
Andrew ********
ORIGINAL POSTER
Is a business that is a sole proprietor (not a registered company) able to sponsor a Business Visa?
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TLDR : Answer Summary
In Thailand, a sole proprietor who is not a registered company generally cannot sponsor a Business Visa. However, under the Treaty of Amity, US citizens can set up a sole proprietorship and work without needing a work permit, although they still require a Non-B visa.
Andrew ********
ORIGINAL POSTER
Any reference in websites say it has to be a company. In this case a single Thai person owns the business and has no need to split the business up with different owners or shareholders. But they can pay me 50,000 baht a month..BUt as a sole proprietor the paperwork is considerably less than a limited partnership or registered company. So she has no reason to create a company just to employ a farang
Tod *********
and I see a trip to the Ministry of Labour AND to the immigration office in your thai friends future.

They're thai, tell them to use Thai google. Face it they're not the first thai that thought they wanted to hire a foreigner :/
Robert *******
Just to add to the fun: I worked for THAI owned Sole Proprietorships. Nothing to do with American Treaty. Ask the person to visit the Ministry of Labor and get their information how to do.
Robert *******
he was a Thai male owner and according the law I'm still not allowed to be married with a male.
Micha *********
Thought that is the "normal" case...i.e. Thai wife hiring her husband on basis of non-immigrant o visa and work permit no!?
Tod *********
Only IF you capitalize the business the required amount AND have the 4 thaiz on staff required for a foreigner to hold a work permit.

However IF you open an Amity treaty company as a sole proprietorship you can be on ANY visa/extension and are exempt from needing a work permit. It's clearly spelled out in the labor laws that were amended a while back.
Steve **********
If you were a US citizen you could create a sole proprietorship under the Treaty of Amity and work. But no visa.
Joe ***********
You will have to go to the Thai DBD - Department of Business Development... Take a large array of documents prepared by a lawyer or accountant or both... then register your company. I read what you proposed and in my opinion it is not going to happen the way you describe.
Benjamin ******
Micha - no, it's not a joint venture. Basically, the treaty allows a business owner in the USA to open a business in Thailand as a peer - that includes 100% ownership :O
Steve **********
The aggressive interpretation is that the board of directors of Amity Treaty companies don't need work permits to carry out their duties. But no visa.
Benjamin ******
You should be able to get a Non-B visa under the Treaty of Amity. If a person is working in Thailand, they'll need that Non-B before they can get a work permit (assuming they aren't married).
James ********
@Steve *********
that is why I asked the OP his nationality 😉
Micha *********
it would more likely be a company with US/foreign majority shareholding...
Benjamin ******
What is a "Sole Proprietor" in this context? I know some people use that term for informal businesses. And besides, what's a "not a register company"?
Andrew ********
ORIGINAL POSTER
@Tod ********
honestly is not so smart, accepts whatever she is told by junior people and never challenges or questions authority who often say No rather than I don't know let me send you to my supervisor
Andrew ********
ORIGINAL POSTER
No I am referring to a business owner 100% by a Thai person. She has no need to make a company and add other owners
Tod *********
he is most likely talking about an Amity Treaty sole proprietorship
Robert *******
Some how I did work with a work permit for years from a Sole Proprietor, we even had permission to hire a second and third foreigner. And I can guarantee that it is still not allowed in Thailand to marry multiple foreigners to provide them with Work Permits and Non Immigrant B visa
James ********
What is your nationality/passport nation?
Karan ***************
No
Siggi ********
Non o marriage + wp no business visa
Karan ***************
Work permit under that company ( no )
Micha *********
but if married to Thai business owner a non immi o plus work permit might be possible... would that do it?
Andrew ********
ORIGINAL POSTER
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