How Can I Employ My Thai Wife in My Business?

You can employ your Thai wife in your UK business if her immigration permission allows her to carry out the proposed work. Marriage alone does not give her the right to work in the UK.

Before she starts, check her visa conditions and complete the appropriate employer right-to-work check. You should also put proper employment and payroll arrangements in place.

Can a Thai wife work on a UK spouse visa?

A person granted permission as a spouse or partner under the UK family route can normally work. This generally includes working for their husband’s business, subject to the conditions attached to their permission.

If your wife already has spouse permission allowing employment, your business does not normally need a sponsor licence to employ her. Her work permission comes from her immigration status.

Check the official spouse and partner visa guidance and her individual conditions before arranging a start date.

What if she has a fiancé visa?

A fiancé visa does not permit employment. Getting married does not automatically change that restriction.

After the wedding, she must obtain the appropriate spouse permission before starting work. Do not assume that submitting the application gives her permission to work while it is pending.

Can she help in my business on a visitor visa?

A Standard Visitor cannot take an ordinary paid or unpaid job in your UK business. Calling it informal help, or choosing not to pay her, does not make the work permitted.

Visitors can undertake certain specified business activities, but these are different from taking a job. Read the Standard Visitor guidance before making arrangements.

How do I check her right to work?

Carry out the prescribed check before she starts employment, even though she is your wife. For someone with an eVisa, the usual process is an online Home Office check.

1. Ask her to generate a share code specifically for proving her right to work.
2. Enter the code and her date of birth into the employer’s online checking service.
3. Check that the photograph matches her and that the result allows the proposed work.
4. Save the result and record the date of the check.
5. Arrange any required follow-up check before time-limited permission expires.

A marriage certificate or National Insurance number does not replace a right-to-work check. Physical biometric residence permits are no longer accepted for a manual check.

Use GOV.UK: Check a worker’s right to work and follow the current employer guidance.

What if her visa extension is still being decided?

Her existing work conditions may continue where permission is extended by law following a valid, in-time application. However, the employer must follow the correct checking procedure.

If she cannot demonstrate her right to work through the usual service, check whether the Home Office Employer Checking Service is required. Do not rely solely on an application receipt.

What employment arrangements do we need?

Agree a genuine role with clear duties, hours and pay. Keep employment records and ask your accountant to check the payroll and tax arrangements.

Depending on the employment and business structure, matters to address include:

• A written statement of employment particulars.
• PAYE and National Insurance obligations.
• Applicable minimum wage requirements.
• Holiday and other employment rights.
• Workplace pension duties.
• Employers’ liability insurance and any applicable exemption.

Some provisions have family-worker exceptions. Check which rules apply rather than assuming that employing your wife removes your responsibilities.

The GOV.UK guide to employing someone provides a useful starting point.

Can her salary count towards a spouse visa extension?

Qualifying UK employment income may be relevant to an in-country spouse or partner application. The financial category and supporting evidence must be checked carefully.

Employment by a family-owned limited company can involve different evidence rules from ordinary salaried employment. Do not assume that payslips and personal bank statements alone will be enough.

Obtain advice before relying on the income and read the official partner financial requirements.

Does “no public funds” mean she cannot work?

No. A public-funds restriction and a work restriction are separate conditions. A person may have permission to work while being restricted from claiming certain benefits.

Read our guide to UK residence permission and benefits for more information.

How Thai Visa Express UK can help

We can review your wife’s immigration circumstances, explain relevant visa options and assist with an application within the scope of our service. Your accountant or an employment adviser should deal with payroll, tax and employment arrangements.

UK immigration advice is provided through Thai Visa Express UK, regulated by the Immigration Advice Authority (IAA), registration F200700163. Our Thailand office is a separate overseas consultancy.

Visit our UK website or use our contact form to discuss your circumstances.