We provide you some very essential general information and advice concerning the setting up of a company in Thailand and carrying out business there, and the working environment prevailing in Thailand.

Basically, if you possess genuine intentions of doing business in Thailand, then establishing a company and carrying out legitimate business in Thailand is relatively straightforward and not difficult, particularly in comparison with lot of other countries.

Thailand is a good choice to invest for your business plans, and not at all a bad place. It is a relatively trouble-free market economy, and comparatively flexible. The Thai legal system concerning company and tax matters is to a great extent designed after the USA and European countries such as Switzerland and France. Therefore almost all foreigners adapt well and discover it reasonable and smooth to work within.

Many people have approached Thailand comprehending the daunting requirements and process, and most of them soon realize that it is not quite so burdening after all. Even though it depends on what you want to achieve and hope to accomplish, it also rests a lot on right guidance and expert support.

The major requirement to be a successful businessman in Thailand is, well, doing business well. By saying this, what we are to underlining is that that the legal part should be the relatively comfortable part in Thailand. Don’t let yourselves to burden your head with the legal procedures you will have to encounter in Thailand. What is relevant is whether your business is financially feasible after considering the products and/or services you are wishing to offer. The legal part should be perceived as the easy part and should stick to that.

Quite often, people are worried by the bad stories they read on the Internet or hear from others. Experienced business consultants in Thailand say that it’s usually a lot safer than what I often find on the Internet and hear from those I don’t deal with, provided your business is really energetic in trying to bestow products and/or services.

Every story is double-sided, but often the Internet is similar to the news; bad news spreads much further than good news, and people always choose to complain. In reality, most of Thailand is friendly, not bad. It is very similar to the “all Thai women really need only your money” myth on the Internet. Be calm and cool and just try to understand the real scenario and you will the right information.

Even though this is the situation there are some small problems which you can, with some care, surely over come. There are fields in which foreigners are not allowed to enter. However, almost all of these are basically low skilled fields and not of attention. But the majority of fields that foreigners of class would choose to work in are allowed. Another problem that everyone must handle with is that the rules, instructions and forms are all provided in the Thai language. But if you are committed enough there is a worthy sum to be made from Thailand.

An inquiry that often comes up when talking about American Immigration from Thailand: can the process be sped up and can I file directly at the US Embassy in Bangkok instead of submitting the application to USCIS in the United States? Below we will answer these questions and explain why the answer is not black and white.

WHAT IS DIRECT CONSULAR FILING? HOW DOES IT APPLY IN THAILAND?

DCF or Direct Consular Filing is the term used for the task of filing a US Immigration application at the US Embassy in the country where the prospective immigrant lives. For the purposes of this article we will focus on direct consular filing for a Thai Fiancee or Wife in Thailand.

Direct Consular Filing can often greatly decrease the wait time for a US Visa (K-1, K-3, Immigrant, etc.). The explanation is that diplomatic posts abroad usually possess a lighter amount of cases and thus the cases are dealt with quicker. That being said not all foreign legations allow DCF for several reasons, but the most likely one in most situations is that if they did then the caseload would increase so dramatically that the caseload could not be efficiently processed. In my opinion, this is the reason that in Thailand DCF is not a privilege extended to everyone wishing to bring a Thai fiancée or wife back to the US.

WHO IS ENTITLED TO USE DIRECT CONSULAR FILING TO OBTAIN A VISA FOR A THAI FIANCEE OR WIFE?

Some Embassies are quite restrictive when it comes to allowing DCF, while others are fairly lax. In the case of Thailand, a US Citizen can file an immigration petition with the USCIS field office in Bangkok provided that the American has been resident in Thailand. The definition of “residence” has led to some confusion. For the purposes of determining residence in Thailand USCIS will not look at long strings of Thai visa exemption stamps nor perpetual tourist visas as proof of residency. Instead, an American usually must show a long term visa in Thailand and it would probably be a benefit to show a work permit as well (although in the case of those Americans present in Thailand on an education or retirement visa, this may not be possible).

The US Citizen wishing to file a petition on behalf of a Thai fiancée or wife in Thailand must be a current resident of Thailand and have maintained that status for at least 1 year. Supposedly, US Consular officals can waive the 1 year residence requirement should they deem it prudent to do so, but it is uncommon for them to bypass the usual protocols for processing a US Visa for a Thai.

Thanks for Reading,

Benjamin W. Hart, Esq.

This information is to be used as a general reference only and should not be relied upon as legal advice. For any individual case a person should obtain competent legal advice from an attorney licensed in that area.