'Change' ED Visa to B Visa ???

[Davef2912]

Hello, 

 

someone applied at my school with an ED visa and the owner told him that he would need to change to a B visa in order to be able to get a work permit. So far so good. But she said that she could help him to do this without having to leave the country (?).

 

In my 8 years in Thailand I have never heard of something like that and I wonder if

 

a.) this is possible

and 

b.) if possible if this is legal

 

Does anyone know this?

 

Thanks

[ubonjoe]

a. It is possible if the local work permit office will accept the application for a work permit with an entry from a non-ed visa or the extension of it for attending school.

b. Yes

[Davef2912]

Thanks for the answer

 

So one would apply for the work permit first and then go to the immigration to get the visa changed into a B-Visa?

 

Edited March 25, 2018 by Davef2912

[ubonjoe]

17 minutes ago, Davef2912 said:

So one would apply for the work permit first and then go to the immigration to get the visa changed into a B-Visa?

 

You would not be able to change to a non-b visa. You would apply for a one year extension of stay based upon working after canceling your extension of stay (if any) based upon attending school.

[Davef2912]

So it would technically be working on an ED-Visa?

[ubonjoe]

54 minutes ago, Davef2912 said:

So it would technically be working on an ED-Visa?

Once you changed your extension from attending school you would be working on an extension of stay based upon working. Your original entry from a non-ed visa would not mean anything after that.

[elviajero]

4 hours ago, Davef2912 said:

So it would technically be working on an ED-Visa?

Yes.

[brianp0803]

Does this mean if you were on any extension of stay (for study, for retirement), you could be looking for a job and then apply for a work permit and change the reason for the extention of stay to working?

The purpose of your entry visa into Thailand doesn’t matter?

[ubonjoe]

46 minutes ago, brianp0803 said:

The purpose of your entry visa into Thailand doesn’t matter?

All that is required is a non immigrant visa to apply for extensions.

Same for a work permit but many department of employment offices will not accept an application for one if on a retirement or an extension based upon attending school.

[pearciderman]

17 hours ago, elviajero said:

Yes.

 

No, wrong again. They would be changing the reason for their extension from studying to work.

[elviajero]

20 hours ago, elviajero said:

On 25/03/2018 at 3:50 AM, Davef2912 said:

So it would technically be working on an ED-Visa?

Yes

 

3 hours ago, pearciderman said:

No, wrong again. They would be changing the reason for their extension from studying to work.

 

You are correct, but it doesn’t make my answer to the OP’s question wrong.

 

They would have a non-immigrant ‘ED’ visa and be working, if the labour office issued a WP and immigration allowed them to change the reason for the extension to work, without getting a new Non ‘B’.

[timmyp]

On 3/25/2018 at 10:46 AM, ubonjoe said:

Once you changed your extension from attending school you would be working on an extension of stay based upon working. Your original entry from a non-ed visa would not mean anything after that.

I'm sorry to resurrect this thread, but it is very relevant to my situation.

 

I am on an ED visa for studying Thai language. I got hired by a school in Bangkok, but cannot leave to get a non-B (well, I suppose that I could leave, but I probably wouldn't be able to come back to Thailand for a while). 

 

So, my ED visa cannot be converted to a non-B, but a work permit can be granted to me with this ED visa? How do I pursue applying for this work permit? I would like to tell my school, but I don't know what to point them to. We have been waiting for the borders to open up, but that doesn't seem any closer...

 

My ED visa is still valid. I have been extending it rather than relying on the visa amnesty. 

 

 

[JackThompson]

2 hours ago, timmyp said:

I'm sorry to resurrect this thread, but it is very relevant to my situation.

 

I am on an ED visa for studying Thai language. I got hired by a school in Bangkok, but cannot leave to get a non-B (well, I suppose that I could leave, but I probably wouldn't be able to come back to Thailand for a while). 

 

So, my ED visa cannot be converted to a non-B, but a work permit can be granted to me with this ED visa? How do I pursue applying for this work permit? I would like to tell my school, but I don't know what to point them to. We have been waiting for the borders to open up, but that doesn't seem any closer...

 

My ED visa is still valid. I have been extending it rather than relying on the visa amnesty.

This is a problem which has been reported widely due to the covid border-closings.   I have seen no indication of any "from the top" change in policy to force the relevant agences to drop their "no agent - no do" policies, which prevent this being done in-country.  There is no legal-barrier.

 

You should definitely check with the labor-dept that covers the area where your potential-employer is located, and see if they have any process permitting this, as each can "make up their own rules."  Best to have a Thai handle this, to avoid language barriers and to follow cultural norms.

 

What you need, is a "work permit approval" letter (usually used to go out for a Non-B Visa), which could be used with immigration to get a non-B extension (if immigration will do it sans the usual 20K+ baht bribe), followed by returning to the Labor office with that extension, to get your work-permit. 

Edited July 22, 2020 by JackThompson

[timmyp]

8 hours ago, JackThompson said:

You should definitely check with the labor-dept that covers the area where your potential-employer is located, and see if they have any process permitting this, as each can "make up their own rules."  Best to have a Thai handle this, to avoid language barriers and to follow cultural norms.

 

What you need, is a "work permit approval" letter (usually used to go out for a Non-B Visa), which could be used with immigration to get a non-B extension (if immigration will do it sans the usual 20K+ baht bribe), followed by returning to the Labor office with that extension, to get your work-permit. 

 Thanks, JackT. I'll have the school's office handle this. I'm surprised that a work permit on my ED visa wasn't proposed, or that they didn't know about it. They are a huge school with great standing here, but really need to follow the letter of the law because of who they are. 

 

Do you, or does anyone, have a link to legal info or a historical example of this. Info in just Thai would be totally fine. I'm just afraid that I'll tell my school without specific references, and my school will reply, "What the hell are you talking about? That's ludicrous. Of course you need a non-B for your work permit. You read on a forum that a work visa on an ED visa is possible?? Ridiculous. Please, we are busy," then fail to pursue any of it. Perhaps they'll even call the Ministry of Labour, where a bureaucrat may just present them with the cookie-cutter rules, saying "totally silly, never heard of it," no attempt to look into it.

 

[ubonjoe]

11 hours ago, timmyp said:

So, my ED visa cannot be converted to a non-B, but a work permit can be granted to me with this ED visa? How do I pursue applying for this work permit? I would like to tell my school, but I don't know what to point them to. We have been waiting for the borders to open up, but that doesn't seem any closer...

Why dig up this old topic when you posted one yourself asking question about it.

https://forum.thaivisa.com/topic/1173629-has-anyone-obtained-a-non-b-recently-and-entered-thailand/

Most work permit offices will not accept a application if you are on a non-ed visa or extension for attending school.

Apparently you or the your employer have not asked about doing the application and getting a work application approval letter so that you can change the reason for your extension from attending school to teaching. And then after getting the new extension your work permit could be issued.

As said before you cannot change to a non-b visa while in the country.

 

[timmyp]

2 minutes ago, ubonjoe said:

Why dig up this old topic when you posted one yourself asking question about it.

https://forum.thaivisa.com/topic/1173629-has-anyone-obtained-a-non-b-recently-and-entered-thailand/

Most work permit offices will not accept a application if you are on a non-ed visa or extension for attending school.

Apparently you or the your employer have not asked about doing the application and getting a work application approval letter so that you can change the reason for your extension from attending school to teaching. And then after getting the new extension your work permit could be issued.

As said before you cannot change to a non-b visa while in the country.

 

Ubonjoe, you are super wise on these matters, and I greatly appreciate all of your posts. 

I am not asking about getting a non-B in this thread, I'm asking how to go about getting a work permit while still on my ED visa. I had no idea that this was possible, and am totally thrilled to hear that it is a possibility. 

 

I'll mention this to the school. I'm just not sure what to tell them to say when contacting the Ministry of Labour. I guess I'll say, "you need to ask 'about doing the application and getting a work application approval letter so that you can change the reason for your extension from attending school to teaching.' " I hope that will spur them into action, or push back when the low-level bureaucrat at the MoL tells them, "Impossible, never heard of it."

 

I had the work application approval letter and all necessary documentation in March, but gave it back to the school once the life span on my criminal background check expired after the shutdown. Hopefully it's still valid, or the school will redo the paperwork in order to pursue getting me a work permit while I am still on my ED visa. 

 

 

 

[timmyp]

I just saw that Richard Barrow made a post saying that the Ministry of Ed managed to get the immigration office to allow teachers to change their visas from tourist to non-B. It sounds like I might be covered in that? It's not clear if it also included converting an ED visa to a non-B. I'll post again. 

[OliveZM]

It should be legitimate as of today, as the MOE just announced teachers can get a non-B in Thailand

[ubonjoe]

38 minutes ago, timmyp said:

I just saw that Richard Barrow made a post saying that the Ministry of Ed managed to get the immigration office to allow teachers to change their visas from tourist to non-B. It sounds like I might be covered in that? It's not clear if it also included converting an ED visa to a non-B. I'll post again. 

It is only for those with visa exempt or tourist visas.

It is not possible to change non immigrant visa categories at immigration as I have written before.

The problem you have is changing from an extension based upon attending a school to one for teaching. Perhaps immigration would be a little more cooperative about doing it now.

[timmyp]

9 minutes ago, ubonjoe said:

It is only for those with visa exempt or tourist visas.

It is not possible to change non immigrant visa categories at immigration as I have written before.

The problem you have is changing from an extension based upon attending a school to one for teaching. Perhaps immigration would be a little more cooperative about doing it now.

My school told me exactly what you are saying: "We could get your visa changed if it were a tourist visa, but not an ED visa." So I was surprised when I read the start of this thread, because it sounded like I could get a work permit even with the ED visa. 

 

I just called immigration at 1178, and after 45 minutes on hold, the officer told me that "yes, it's possible to change from an ED visa to a non-B." I told her that I was told before that it's not possible, and she said, "I don't know why they said that. Just tell the officer next time you go in to extend your visa that you want to switch your visa to a non-B. If you have the paperwork from your school, then it should be fine." I don't believe her, I think she wanted to give me an answer that would end the call. 

 

Perhaps they will be more lenient about doing it now? Or the work permit?

 

My school has about 20% of its teachers stuck outside of Thailand, waiting to come in. I'm here, but can't go in cuz of the visa problem.