What are the options for a foreigner on a Non-O visa to work in a restaurant with a Thai spouse in Thailand?

Non-O Visa Work Permit Starting a Business in Thailand Visa Regulations Marriage-Based Visa Foreign Ownership of Business Employment Laws in Thailand Social Security Contributions

Aug 10, 2022

2 years ago

Ryan **********

ORIGINAL POSTER

Hi everyone, 

My Wife (Thai) and I are looking to open a mom and pop restaurant that we run together here in Thailand. It wouldnt be big enough to be able to add additional workers. Can anyone guide me as I am new to this venture here. I know I can own the Restaurant, but I would like us to work together. What options do I have here? Its not very big, only about 6 or 7 tables. Currently I am on a 1 year Non Immigrant Family Based Visa. Any help would be very much appreciated. Thank you all in advance

1,811

views

likes

all likes

replies

images

users

TLDR : Answer Summary

The post discusses the options available for a foreigner holding a Non Immigrant Family Based Visa (Non-O) who wishes to operate a small restaurant with a Thai spouse in Thailand. Key points include the requirement for a work permit to work legally in the restaurant, restrictions on foreigners working without a permit, and the need for the business to meet specific criteria regarding Thai employee hiring and social security. Several commenters suggest alternatives for working discreetly and highlight the legal requirements for setting up a business with a Thai partner, including capital investment and employee regulations.

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.

Dominique **********************

Just make a partnership co Ltd , it’s very easy and the cheapest way to get your work permit, no Thai staff required.

2 years ago

Stefan *******

You can get free answers at

********************

from real lawyers

2 years ago

Kool *******

The rules in setting up a business with your wife are that you have just 1million baht in registered capital, instead of two million, and that you hire at least two Thai employees, instead of four, and pay Thai social security on them. As an owner you have no minimum wage requirement, but after, I think, three years it must be making a profit.

2 years ago

Sam *********

I think without the additional workers, it’ll be hard for you to get the WP. That being said, I know plenty of foreigners who run restaurants here and many don’t have Work permits, not saying it’s necessarily advisable, but at least you have the long term visa..

2 years ago

Nick ****************

I have had this discussion before. You are allowed to help and advise your wife in her business but not actually work. Degree of help allowed is based on inspecting officers decision.

2 years ago

Paul ********

It would be a lot easier and cheaper for your wife and a Thai friend / relative to work there, you maybe work discretely in the background doing the books and collecting supplies from Makro.

2 years ago

Brandon ************

Anyone can run a business in Thailand.

But in order to work at the business, you have to have a work permit and a visa that also allows work.

Most businesses require 4 Thai employees with proof of social security payments to be able to provide 1 foreigner a work permit. Each foreigner also has a required minimum salary based on the country they are from.

If you don't have a work permit, and you even so much as pick something up off the floor, you can be found in violation of your visa and deported etc.

I believe the ONLY Non-O that allows you to get a work permit is for Non-O based on marriage to a Thai. Any other reason is work prohibited.

Basically by working at this business you want to start, you are stealing a job from a Thai person if you work. This is why the laws are the way they are.

The minimum salary for a foreigner from the US is 60,000 Baht. So even if you meet all the other requirements, the business would have to pay you as an employee this much each month or you don't even qualify for a work permit.

2 years ago

Nick ****************

@Brandon ***********

the business doesn’t actually have to pay the 60k a month to you but it must pay the tax and social security on 60k a month to the government. That would be (after allowances) about 5k a month.

2 years ago

Toni *********

Ryan A Chase... and not to forget to pay 10% income tax and also all the social security payments for all 4 Thai workers, accounting costs, company establishment cost etc etc.

You will come out way more easier if you train your wife or some other Thai person to work with your wife until your income will be enough to cover the work permit and other costs.

2 years ago

Reply to

Toni *********

Thai Visa Advice and Everything Else

... members · 60% approval rate

The Thai Visa Advice And Everything Else group allows for a broad range of discussions on life in Thailand, beyond just visa inquiries.

Join the Group

Thai Visa Advice and Everything Else

View the Conversation

Thai Visa Advice and Everything Else

What are the visa and legal requirements for starting a coffee shop or restaurant in Thailand?

30 comments