Starting a business and issuing my fiance a work permit

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elguapo
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Starting a business and issuing my fiance a work permit

Post by elguapo »

My Fiance and I are planning to move to Cambodia later this year to try our hand at starting a business there so Im currently trying to sort out all the technical and legal details and requirements before we get there.

Starting the business seems pretty straight forward but I'm not having much luck finding out the rules surrounding work permits. From what I've read it seems like I shouldn't have a problem issuing myself a work permit as the owner of the company but I'm wondering what, if any, requirements I will need to meet before I can also hire my fiance as a foreign worker and get her a work permit as well. From what I've read recently it seems like a business is only allowed to have 10% foreign staff so I'm wondering if that means I will need to hire local employees first?

My plan so far was to just start my company as a sole proprietor, because of the simplicity, but would I be better off creating a corporate style partnership so that my fiance is also an owner of the company? Or is there a partnership company structure that doesn't require us to incorporate and go through that process? Basically a sole proprietorship but for two people? Would this get us around the problem of needing 90% local employees?

Is there another way around this or something that I've missed?

Have any of you been in this same situation where you wanted to start a company with just you and your wife or significant other? How did you do it?

Any insight you can share or suggestions on where I might go to find out some of this information would be greatly appreciated.
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Kammekor
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Re: Starting a business and issuing my fiance a work permit

Post by Kammekor »

I don't think that's going to work. The aim of the law allowing foreigners to start companies is not to have those companies employ as many foreigners as possible. Unless there's a very specific reason (very specific skills unavailable locally for instance) and you have permission to hire another foreigner your next staff should be a local since there's a cap on the amount of foreigners working in a company.
(┛◉Д◉)┛
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Re: Starting a business and issuing my fiance a work permit

Post by (┛◉Д◉)┛ »

start 2 companies one for her one for you
elguapo
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Re: Starting a business and issuing my fiance a work permit

Post by elguapo »

Kammekor wrote: Mon Feb 26, 2018 9:16 am I don't think that's going to work. The aim of the law allowing foreigners to start companies is not to have those companies employ as many foreigners as possible. Unless there's a very specific reason (very specific skills unavailable locally for instance) and you have permission to hire another foreigner your next staff should be a local since there's a cap on the amount of foreigners working in a company.
Ya our goal definitely isn't to hire as many foreigners as possible. We plan to hire a number of locals but we have to get up and running first.
bangkokhooker
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Re: Starting a business and issuing my fiance a work permit

Post by bangkokhooker »

May I enquire as to the business?
elguapo
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Re: Starting a business and issuing my fiance a work permit

Post by elguapo »

I think I've answered my own question so I'll share the info here so it can maybe help someone else in the future.

Quoted from this article: https://aecnewstoday.com/2017/axe-falls ... z58BYJUy3m
Effective from October 2, 2017, those wishing to extend an EB visa for either six- or 12-months will be required to present the following documents at the time of application:

Employment letter (original) or
Work permit card issued by the ministry of labor (copy) or,
Business License or Patent certificate (copy) (for business owner) or,
Employment Contract valid until the latest date of extension or,
Relevant document stating the necessary of temporary stay in the Kingdom (copy)
The spouse, children, or partner living with the applicant will require a guarantee letter from the applicant’s employer.
So It would appear that I can apply for the EB visa as the owner of the company and then provide some documentation so that my fiance can get an EB visa as well and be able to live there with me.
Our goal isn't necessarily that she can work anyways, just that she can live there with me while I am.

Also from the Move To Cambodia site here: http://www.movetocambodia.com/planning- ... dia-visas/
The EB business visa covers most Cambodia expats, including those who are working and their partners and children, freelancers, and those who do not fit in any other category.
So I think this is what I needed to know. I still need to dig a bit deeper to find out exactly what information would need to be provided for my Fiance to qualify for the EB visa but I think I'm at least on the right track now.

I'll post up any more information I find.
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PSD-Kiwi
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Re: Starting a business and issuing my fiance a work permit

Post by PSD-Kiwi »

^ The above information is correct.
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