Changing Non-Immigrant Extension Type O/B while working

[SymS]

I supposed to start working around July 1st, and my work permit application has started.

I'm currently staying here on a non-immigrant 1-year extension of stay based on spouse support (category O), and have been doing so for 8 years. However, the relationship with my wife has been difficult recently, and it's not impossible we decide to live separately eventually, in which case my extension of stay would become void.

If that happens after I start working, will it possible to switch to a category B (business) extension of stay or visa without having to leave the country. What happens to the work permit, if my immigration status changes, or are those unrelated? Thanks.

[ubonjoe]

Your extension of stay based upon marriage would not end if separated. It only ends if you get divorced.

If you got divorced you could change the reason for your extension to working by canceling your extension based upon marriage by showing the divorce decree.

[SymS]

10 minutes ago, ubonjoe said:

Your extension of stay based upon marriage would not end if separated. It only ends if you get divorced.

If you got divorced you could change the reason for your extension to working by canceling your extension based upon marriage by showing the divorce decree.

Thanks for the answer. I always understood (Thai) wife and (foreign) husband had to live together (at the same address), or the extension of stay would become void. Immigration will likely find out pretty quickly the different addresses with the updated TM.30 (unless I stay in hotels maybe) and 90-day reports.

[ubonjoe]

11 minutes ago, SymS said:

Thanks for the answer. I always understood (Thai) wife and (foreign) husband had to live together (at the same address), or the extension of stay would become void. Immigration will likely find out pretty quickly the different addresses with the updated TM.30 (unless I stay in hotels maybe) and 90-day reports.

You only have to prove you are living together as husband and wife when your apply for the extension. The reason for your extension is marriage to a Thai. Immigration will only cancel the extension if you get divorced.

Changing your address would not mean you are not living together.

Some married couples do not live together full time because one of them is working away from where their home is.

[SymS]

Finally I asked my company about the possibility of switching from non-O to non-B without restarting from scratch (since I plan to apply for Thai nationality after three years), and that's their answer:
 

Quote

Regarding your question about Is it possible to switch from non-O to non-B extension without leaving the country?

 

I'd checked with BOI and they said that you cannot do that. You would need to cancel your current Non O visa & return work permit, leaving the country to apply Non B visa then I could submit you into the position.

 

I did not mention divorce though, since I'm still trying to sort things out with my wife. Non-B would just make things easier for us, but sadly it does not look possible without starting from scratch.

 

[SymS]

Just an update. So finally, I understood the difference between "visa" and "extension of stay". In theory, I would have been able to extend my current extension of stay for "work" reason still using my non-O. But in practice, I'm working for a BOI company, and they have special rules. For example, they asked my future ex-wife to sign a document that we are still living together, and then immigration refused to do to the switch because some documents from the BOI are too old. That would have required me to do one more extension of stay for spouse support (which my wife refuses to do), before switching to extension of stay with BOI stamp once we get new docs from BOI next year.

So finally, the only solution is to leave to country to switch to non-B visa, which I'll do this month. That's very annoying that laws & regulations depend on who you are talking to...