What are my best visa options for living and operating a business in Thailand?

Apr 22, 2023
2 years ago
Mike ********
ORIGINAL POSTER
Advice needed. I am 56 and working 1 more year for government Michigan, USA. Been to Thailand 3 months of the last year. Made up my mind to move to Thailand, start a small business and move there permanently. Upon research, I cannot obtain a retirement visa and own a business. If I am reading correctly my best option to live and make money in Thailand is to obtain a work visa and a work permit? Please any advice on obtaining a visa to own, operate a business and live permanently in Thailand? Also any good Thailand law firms that would be good references?
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TLDR : Answer Summary
The user is seeking advice on how to obtain a visa to live in Thailand while operating a business, especially since they cannot have both a retirement visa and work in the country. It is recommended that they look into obtaining a work visa and a work permit, as well as options such as the Smart Visa under the BOI. There are discussions on the requirements for foreign ownership of businesses, particularly pertaining to the Treaty of Amity for US citizens, and recommendations for legal firms and agents that can assist in this process.
NON-O RETIREMENT VISA RESOURCES / SERVICES
  • Go to the Retirement Visa Section for information on requirements, including age restrictions, financial requirements, and necessary documentation.
  • For immediate assistance, contact Thai Visa Centre directly via LINE at @ThaiVisaCentre or Email them.
  • Explore recent discussions by using the Non-O Retirement Visa tag in the search box at the top of the page.
  • Join the Thai Visa Advice Facebook Group to ask your questions, and get advice from others.
Cassandra ******
You can try To apply Smart Visa under social enterprise same as I did, you can do working here no need working permit, it's renewable yearly, and it's more cheaper than other visa, less Hussle too. If you're interested you can DM me and I will give you the contact of the right agency who helped me to process my smart visa and my business under BOI.
Christopher ********
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Try these guys the owner is American
Raymond ******************
You can send a Business proposal to the Thailand Board of investment

DM me
Mark *********
In Chiang Mai I wouldn’t hesitate to get in contact with Rhys at elite Thai visa. Very knowledgeable and would be a phenomenal resource to help you out.
Mike ********
ORIGINAL POSTER
@Mark ********
Thanks Mark. I will contact elite Thai visa
VaiAna **********
Why not apply for a retirement visa first . It's good for 15 months . While you're in Thailand , you can learn the ins and out , what kind of business you want to get involved in , talk to the expats that are already in business here , make friends , learn the rules and regulations , see a

Lawyer , agents , etc ........
Phillip ***********
@VaiAna *********
excellent advice
VaiAna **********
@Phillip **********
right then you don't have to deal with visa for a year , border runs .
David *********
@VaiAna *********
15 months is your first Visa 12 + 3 , two seperate things , when you renew it will be 12 months at a time .
VaiAna **********
@David ********
i know I was being lazy and didn't want to go thru the details . I have a multiple entry visa . Mine is due in December so I'll need to be back by November to extend for another year .
David *********
@VaiAna *********
correct , next time is 1 year , year at a time .
VaiAna **********
@David ********
since I have a dual passport , i asked if I could mail in my passport for renewal and they said NO you physically have to be here 😂 . I was thinking outside of the box 😂
David *********
@VaiAna *********
yes , if direct that's certainly impossible , but nice thought .
Mike ********
ORIGINAL POSTER
@David ********
David- Which specific visa you referring to?
Mike ********
ORIGINAL POSTER
Yes. There are several occupations reserved for Thai's only. I do remember seeing Thai Massage as protected for Thai's only. Glad you were able to blend in and learn the world famous Thai technique and take it with you. I have heard Hawaii is very expensive. All your other destinations listed are very friendly on the bank account. Thank you for your response. On my FB I posted scuba diving in Phuket. They have excellent reefs there. Best!!
Mike ********
ORIGINAL POSTER
Thanks for your intel. So valuable!
VaiAna **********
@Mike *******
you're welcome . Do you scuba dive
Mike ********
ORIGINAL POSTER
@VaiAna *********
Yes. I dove numerous times in Mexico before coming to Thailand on holiday.
VaiAna **********
@Mike *******
check your messenger . Thanks
VaiAna **********
@Mike *******
, yes Hawaii is ridiculously expensive . I loved that place though . Both of my daughters were born there . Hopefully you can figure out and move to Thailand . Just to give you a breakdown of the expenses in Koh Tao . Bungalow w ocean view , 10,000 baht a month w wifi . $300 . moped rental 3000 baht a month . Utilities 2000 baht . Food is cheap in comparisson to the US . There are rentals cheaper than that here .
Mike ********
ORIGINAL POSTER
@VaiAna *********
Cannot have a retirement visa and own a business in Thailand. Would be my first choice but Thai governement will not allow it.
Richard *********
@Mike *******
you can own the busines , But you CANT work there on a retirement extension
VaiAna **********
@Richard ********
there's that option too . Where there's a will there's a way .
VaiAna **********
@Mike *******
, you're right about that . I am a massage therapist from Hawaii and these jobs are reserved for Thai . Because of my skin color and Thai mistake me as one of their own , I've been massaging in Chang Mai and here . I've decided to head home ( Tahiti ) and open up a shop . It's one of the reason I wanted to come to Thailand and learn Thai massage . Thailand is Amazing , has so much to offer and I am so impressed with the school and teachers in Chang Mai . Hubby loves it here and i don't blame him . I've seen a lot of posts on here and foreigners want to move to Thailand . I do know one thing your retirement goes so much further here than back in the US . My advice would be to wait till you retire , make as much money so that way you can enjoy Thailand and not worry about finances . Another option is to look for a company to hire you or some on here would suggest teaching English online as an expat .
Richard *********
@VaiAna *********
not exactly correct>you first apply for a 90 day Non O visa than you apply for a 1 year extension
Richard *********
you sure? bet you have a retirement extension based on the non o visa :-)
VaiAna **********
@Richard ********
well that's how I've been living here on a retirement visa . I had to apply for a Non O visa first then a retirement Visa . So yeah total I got 15 months and renew every year
Richard *********
@VaiAna *********
no ur not on a retirement VISA< ur on a retirement Extension based on the first initial visa >

Terminology is important! you get 12 months.
VaiAna **********
@Richard ********
, i know . I have a retirement visa . 3 months plus 12 months .
Christopher *************
Talk to lawyer
@Kittiya ********
Jan **********
check Treaty of Amity.
Richard *********
FYI: as an American you can 100% own ur own company, no need for any thai's

at 50 you can get a visa/1 year extension but you cant work but you can own ur business

1st come on a tourist visa and start looking around where you want to live, than find what you want to do

THAN, find a lawyer.
Mike ********
ORIGINAL POSTER
@Richard ********
Richard I appreciate you. Want to navigate and set up business like you recommend with tourist visa while finalizing work permit and beginning the business both physically and on paper. What is the longest I can stay in Thailand on a tourist visa????
Richard *********
@Mike *******
2 months than you apply for a 30 day extension>
Ron ********
@Richard ********
I've heard this but never seen it in official writing. Anyone know where to look?
Richard *********
@Ron *******
A simple Duck duck go search:

The treaty allows for American citizens and businesses incorporated in the US, or in Thailand to maintain a majority shareholding or to wholly own a company in Thailand, and thereby engage in business on the same basis as would a Thai national.

*******************************************************
%20Amity.php
Paul *******
@Richard ********
Oh really, so Americans under the Amity treaty can be sole traders?
Paul *******
@Richard ********
But even as an American would you need to employ 4 Thai nationals?
Richard *********
@Paul ******
NOPE, have a few American friends that own companies here in Phuket< ONLY dif is an American company cant own land
John ********
You need a good lae firm siam leg a l is expensive all in you're look ing at$6-8k and 2k a month it's way .ore strict than usa you will need a good secretary 1k a month
Jarkko *********
Cannot obtain retirement visa, because of...?
Steve **********
Don't bother with the AMITY act of 1966, for US citizens.

US doesn't have the stroke any longer and it'll cost a fortune.

Retire....come and enjoy it.

Yes a hundred ways to work, and use agents , lawyers, designates, silent partners..........you'll lose !
Mike ********
ORIGINAL POSTER
@Steve *********
I'm just gonna open a little shop that is not declared a "Thai only" occupation. I'll let you know how it works out.
Steve **********
@Mike *******
best of luck .

Don't bother if it's weed, hundreds already...empty
Steve **********
@Jarkko ********
oh ! Because of..' can't '
Rajeev ********
@Jarkko ********
Because he wants to start a small business!
Kool *******
It is not cheap to start a business, like it is in the US. To start with you need at least bt2million in registered capital, and you must hire at least 4 Thai employees for each work permit, and you need at least one just for yourself. Then, there is the requirement that you can only own 49% of your own business. There are ways to get around the ownership problem, but not the registered capital requirement. You also must hire a licensed Thai accountant, as accounting is a restricted occupation. Siam-Legal.com can help you, with over-the-phone free consultations. You can not legally do any kind of work, not even volunteering, on a retirement visa extension.
Lawrence *******
@Kool ******
Totally not true. If you are from the USA, you can own a business 100% under the Treaty of Amity.
Lawrence *******
I will not dither about the amount....but I did not need to hire 4 Thai employees.

I have been checked for compliance on numerous occasions.
Bay *******
@Lawrence ******
Hi Mr.Lawrence .
Mike ********
ORIGINAL POSTER
@Lawrence ******
Hi Lawrence- I sent you a message
Kool *******
@Lawrence ******
like I said, with ways around it, but you still have the bt2million registered capital requirement. Also, not every business qualifies under the Treaty of Amity. You can also register under the BOI, if your company qualifies, and own all of it. These all cost money. They are not cheap to do.
Mark ********
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Info on business, non b visa and work permit here.

If you open a business all possible.

Work permit on retirement visa not possible.
Phil ********
***************************
Mike ********
ORIGINAL POSTER
@Phil *******
thanks. I used Siam to get Thailand Pass during covid. I think I will reach out to them again.
Thomas *********
Find a good agent or lawyer
Michael ********
You can own a business, you just cannot work there without a work permit
Cary ******
Double check that the business you want to start isn’t one of the Thai only careers.
Stuart *********
@Cary *****
you can own any business you like. You just can’t work as one of the restricted professions.

Eg you can own a hairdressing business but would need to employ Thai staff to do it.
Cary ******
@Stuart ********
yeah, I’ve seen a lot of foreigners setting up their partners in businesses such as beauty etc. The foreigners are hands off with the customers but probably lend a helping opinion and wallet on matters.
Stuart *********
@Cary *****
sure do.
Paul *******
@Cary *****
Yes, sure. For example, some foreigners believe they can become tour guides but that's not permitted.
Cary ******
@Paul ******
I do see some leading tours but either there’s a trick or they’re taking the chance legally. I imagine if you have Thai fixers you could get away with a bit. Not something I’d want to risk.
Paul *******
@Cary *****
Correct. I think if there is a Thai tour leader present along with a foreign tour guide as an accomplice, it's OK. Something like that. Just that someone who isn't a Thai national can't be a guide on their own.
Paul *******
@Cary *****
That's unlikely as the list of prohibited occupations only covers the kind of work and industries a foreigner normally wouldn't be interested in anyway.
Cary ******
@Paul ******
agreed but many people assume they can come to Thailand and do any work just like back home so good to know nevertheless.
Otto *********
Best choice would be to live in Thailand but make your money/income abroad.

Thai law is pretty strict about working in Thailand as a foreigner and not YOU can apply for a work permit but only the company employing you.

Good luck.
Steve **********
@Otto ********
wait until truly retired, then enjoy
Paul *******
@Otto ********
Most countries are strict about who can work in their country. You're right though that unlike some countries where being self employed is allowed, this is not currently permitted in Thailand except maybe under the terms of the LTR visa where you're working for an offshore company or yourself from Thailand.
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