Can I own a business in Thailand with an Elite Visa, or do I need a Business Visa?

September 17, 2018
6 years ago
Daniel ******
ORIGINAL POSTER
Let me make sure I have this correct, because it really seems counter-intuitive... If I purchase an Elite Visa, is it true that I can NOT own a business here without changing to a Business Visa?
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TLDR : Answer Summary
If you hold a Thai Elite Visa, you can own a business in Thailand, but you cannot work within that business without a work permit. The Elite Visa does not allow for employment and is based on a tourist visa classification. If you wish to work in the business, you would need to change to a Business Visa (Non-Immigrant B) and obtain a work permit. However, there may be assistance for obtaining a work permit through the Elite Visa, so it's advisable to check directly with the issuing authority for clarification on specific circumstances.
Robert ********
You can both own or be an investor in any business, but you cannot have any work permit. Thailand Elite is a PE visa which does not allow for employment. I am a Thai Elite member and have had business investments.
Robert ********
Not at all, as the owner you are not on payroll, you have no time card.
Daniel ******
ORIGINAL POSTER
But if you own the business, dont you have to employ yourself by issuing yourself payroll?
Robert ********
FYI:
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Brett *********
You can obtain a work permit on a visa O marriage or supporting child also and it does or did mention assistance in getting a work permit in their blurb so it may be possible on an elite visa best to discuss with them directly to check
Robert ********
@Daniel *************
If you become a member you will find that most of us are engaged in property investment and Thai Elite hosts multiple seminars with developers to showcase various projects on offer, plus assistance with private banking.
Ivan ************
Elite is at the end of the day bound by Thai immigration regulations, they can't just do whatever they want. So it fits into an existing category, and is bound by those regulations. As Robert said Elite does let you invest or own a business, it just doesn't allow you to *work* in that business. It was targeted at investors but you can invest on Elite no problem. There are other visas for people who want to work or actively run a business here. And they are a lot cheaper- like a few thousand baht only, for the actual visa- but come with more requirements than just producing the money.
Daniel ******
ORIGINAL POSTER
Interesting, you would think that the demographic they are trying to attract with the elite visa would likely want to own businesses, or at least a good percentage of them
Ivan ************
They explain that what this means is they will help you get your stuff together to apply for a non-immigrant visa that can have a work permit attached to it. You'd then go off the Elite visa and onto the non-immigrant visa. If the non-immigrant visa subsequently expired, and you had time left on your Elite, you could go back to that at that point. But you still have to qualify for the non immigrant and the work permit on your own merits, and you can't do that on the Elite itself. And if so you qualify... you don't need the Elite. So it would seem like a very expensive roundabout way of getting a non immigrant and work permit. I have seen zero suggestion that Elite can bend anything so that you can get this stuff without the usual requirements. They will just assist, same as a lawyer or visa agency will assist.
Robert *******
You can own a business in Thailand, but you can not work inside the business. For that you need a Work Permit and the Non Immigrant B visa. The Thai Elite Visa is based on a Tourist Visa and employment prohibited.
Robert ********
@Daniel *************
I know of several business owners that are active in their investments and are seen on a regular basis. Some even have name cards with them listed as Owner / CEO. Provided the business is structured legally and you are employing the correct number of employees, paying taxes and not making problems, you can probably be happy. But you should speak to a good lawyer before committing.
Daniel ******
ORIGINAL POSTER
@Robert ***********
better for some people, but not for me, I want to be involved and live on site
Robert ********
@Daniel *************
and if you are based in Bangkok and do your 90 day reporting @ CW, you do not have to wait in queue, just identify yourself as a TE member (you also receive a membership card / photo ID) and they will process you immediately. Thereafter you can file online or by post.
Robert ********
@Daniel *************
Better to buy it and hire a professional to run it / manage it on your behalf...might require a holding company as well. If you go this more active investment route, you should contact a lawyer for advise. For me, the best advantage of the TE visa is you have the choice of never having to travel and remain in the kingdom for the long term OR traveling frequently and enjoying the finest VIP departure and arrival service available, in any class, ie: First Class or Economy. The choice is yours.
Robert *******
@Daniel *************
If you run it, it means you work at your hotel than YES you need a work permit.
Daniel ******
ORIGINAL POSTER
@Robert ***********
So if I buy a hotel and "run" it, do I need a work permit?
Robert ********
All I can say Daniel is that in nearly two decades of living, investing and doing business here, I have never had a work permit.
Daniel ******
ORIGINAL POSTER
I was told that If I have a business here I will need to payroll myself and therefore need a work permit. Brett is right that on the website it does mention assistance with a work permit.
Robert ********
There is no mention of the word "tourist" on the elite visa sticker, and it does not state Employment is Prohibited", as the tourist visa stickers have noted. But everyone knows you cannot hold a work permit while an elite member.
Brett *********
Check with the guys running it. It says something about assistance getting a work permit which suggests you can work on the elite visa. Company ownership rules do not change through getting this visa would still fall under the foreign ownership rules as set out by the BOI
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