Changing Work VIsa to Marriage VIsa (Is it going to affect the work permit?)

[Harold DG]

Hello, I currently have a working visa and work permit for almost 10 years now and Ive been married to a thai national at the same time.

Can I convert my working visa to marriage visa without affecting my current work permit?

Reason is I want to transfer to other company and I think its easy if Im holding a marriage visa because once I resign the only thing that my company has to cancel is my work permit. Then my new employer can easily request for a new work permit.

[ubonjoe]

You can get a work permit and work with a non-o visa entry or a extension of stay based upon marriage to a Thai.

If on an extension of stay based upon working you could change the reason for your extension to one based upon marriage.

You can use your income from working to meet the 40k baht income requirement to apply for a extension based upon marriage.

[JackThompson]

If you will be using the "income method" to support your non-o extension based on marriage, you will need everything needed to get your work-permit over again for immigration (CW at least) - originals only from the tax-office, social-security, DBD doc, etc.  Also needed, are pictures of yourself with staff inside and outside the office (sign visible).  If not using the Chiang Wattana branch, check with your local immigration office.

 

If you can leave 400K "in the bank" - in your name only (no joint acct) - for 2 months prior to application, and 1 to 2 months after (depending on how long "under consideration" takes) - you can avoid this part of the paper-chase.

 

Also, if your new employer is a BOI company, use of the "One Stop Shop" may be torpedoed by switching to a non-o extension (unless your HR folks pay them via an agent), and you will thereafter need to use the regular "labor office" for your work-permit.  The Thai/Foreign workers-ratio then comes into play, to spite the company being BOI.

[Harold DG]

Thanks for the advice.

What if I suddenly got release from my current work without having a new one yet. I understand that I need to cancel both my visa and work permit.

I will then plan to apply for an extension using "visit wife" which will allow me to stay temporarily for 60 days.

Now the question is what if I suddenly got a new employer after a month while holding a "visit wife visa"?

Do I need to go out of the country again and obtain a non-b visa to apply for a new work permit?

Or can I just ask the MOL to reinstate my recently cancelled work permit.

[ubonjoe]

10 hours ago, Harold DG said:

What if I suddenly got release from my current work without having a new one yet. I understand that I need to cancel both my visa and work permit.

If you are on a extension based upon marriage it would not end if you lost your job. 

 

10 hours ago, Harold DG said:

I will then plan to apply for an extension using "visit wife" which will allow me to stay temporarily for 60 days.

Now the question is what if I suddenly got a new employer after a month while holding a "visit wife visa"?

The 60 day extension will not be tied to your job since it is not based upon working.

 

10 hours ago, Harold DG said:

Do I need to go out of the country again and obtain a non-b visa to apply for a new work permit?

Not If you can apply for a one year extension based upon marriage.

10 hours ago, Harold DG said:

Or can I just ask the MOL to reinstate my recently cancelled work permit.

You would have to apply for new work permit if your job ended and your work permit was canceled.

[Salty Dog]

On 4/18/2020 at 7:35 AM, ubonjoe said:

You c

If on an extension of stay based upon working you could change the reason for your extension to one based upon marriage.

Ubonjoe, I was told at Nakhon Nayok Immigration that I'd have to apply for a 90 day Non "O" based on marriage 45 days before my Non "B" extension based on work expires. Then apply for a 1 year extension based on marriage after 90 days. Thoughts, advise?

[ubonjoe]

50 minutes ago, Salty Dog said:

Ubonjoe, I was told at Nakhon Nayok Immigration that I'd have to apply for a 90 day Non "O" based on marriage 45 days before my Non "B" extension based on work expires. Then apply for a 1 year extension based on marriage after 90 days. Thoughts, advise?

False info from a immigration office. You can change the reason for extension based upon working to marriage after your current extension canceled.

There would be no 45 days before the extension ended to apply for a non-o visa at a embassy or consulate. It could not be done at immigration unless you were on a tourist or visa exempt entry.

[Harold DG]

Heres another situation. My cousin recently resigned from his Job last March 20, 2020 and at the same day his Employer cancelled his visa and work permit and was offered for a 7 day extension.

But since he have a Thai nationality wife he applied for a visit visa ands got 2 months visa valid until May 18, 2020.

Right now he already have a new employer.

Do he need to go out again of Thailand to get a non-b visa?

Or can his new employer proceed with the application of his new work permit and visa without living Thailand? 

[Tanoshi]

17 minutes ago, Harold DG said:

But since he have a Thai nationality wife he applied for a visit visa ands got 2 months visa valid until May 18, 2020.

Right now he already have a new employer.

Do he need to go out again of Thailand to get a non-b visa?

Or can his new employer proceed with the application of his new work permit and visa without living Thailand?

He has 3 options.

1. Apply to convert his TV to a Non O, then an extension based on marriage at his IO.

Financial evidence required.

2. Apply for a Non O ME at a Thai Embassy/Consulate based on marriage.

No financial proof required at Savannakhet or HCMC

WP can be applied for separately to either of the above.

 

3. Apply for a Non Imm B Visa at a Thai Embassy/Consulate.

WP application is tied to this type of Visa

 

His employer cannot apply for a WP whilst on a TV.

[Harold DG]

5 minutes ago, Tanoshi said:

He has 3 options.

1. Apply to convert his TV to a Non O, then an extension based on marriage at his IO.

Financial evidence required.

2. Apply for a Non O ME at a Thai Embassy/Consulate based on marriage.

No financial proof required at Savannakhet or HCMC

WP can be applied for separately to either of the above.

 

3. Apply for a Non Imm B Visa at a Thai Embassy/Consulate.

WP application is tied to this type of Visa

 

His employer cannot apply for a WP whilst on a TV.

Thanks Tanoshi

- For option 1 what is the meaning of "IO"

- For option 2 what is the meaning of "ME"

- And finally all of this options doesn't require to leave the country correct?

[Tanoshi]

1. Immigration office.

2. Multi entry.

 

No, only option 1 can be completed at his local IO.

Options 2 and 3 require a Visa issued by a Thai Embassy/Consulate.

[Salty Dog]

46 minutes ago, ubonjoe said:

False info from a immigration office. You can change the reason for extension based upon working to marriage after your current extension canceled.

There would be no 45 days before the extension ended to apply for a non-o visa at a embassy or consulate. It could not be done at immigration unless you were on a tourist or visa exempt entry.

Good to know.

 

53 minutes ago, ubonjoe said:

False info from a immigration office. You can change the reason for extension based upon working to marriage after your current extension canceled.

There would be no 45 days before the extension ended to apply for a non-o visa at a embassy or consulate. It could not be done at immigration unless you were on a tourist or visa exempt entry.

I was really wondering about that. It sure seemed like a lot of unnecessary paperwork and hassle. I am have been on this current Non "B" visa with 5 years of extensions based on work, working at the same Military prep school. Married now for 2 years and want to change visas/extensions to marriage now. Now just hope I can get the IO to go along with that also hahaha. Is there a reg or something I can reference when I go to talk to the IO?

[Tanoshi]

4 minutes ago, Salty Dog said:

I was really wondering about that. It sure seemed like a lot of unnecessary paperwork and hassle. I am have been on this current Non "B" visa with 5 years of extensions based on work, working at the same Military prep school. Married now for 2 years and want to change visas/extensions to marriage now. Now just hope I can get the IO to go along with that also hahaha. Is there a reg or something I can reference when I go to talk to the IO?

Order 327-2557 (2014) - extension criteria & conditions Eng.pdf

Section 2.18

(1) The alien must have been granted a non immigrant visa (NONIM).

 

Note it doesn't specify a Non Imm O Visa as certain offices suggest.

 

Edited April 19, 2020 by Tanoshi

[Salty Dog]

5 minutes ago, Tanoshi said:

Order 327-2557 (2014) - extension criteria & conditions Eng.pdf 735.35 kB · 0 downloads

Section 2.18

(1) The alien must have been granted a non immigrant visa (NONIM).

 

Note it doesn't specify a Non Imm O Visa as certain offices suggest.

 

Thank you Tanoshi ????

[Jack Bkk]

I m in the same situation VISA Non B for 10 years (my current extension will expire next November ) and would like to change my extension to be based on marriage and dependent children, as I will change job...

i will show proof I have 400K ...

 

I have few questions:

1. Can I cancel my extension based on business and apply for extension based on marriage the same day ?

2. do I have to give reason why I want  change extension  like a resignation letter ? 

2. If change extension to be based on marriage and add new company on my work permit will it be possible to show only criteria same as non o (2 thai employees and 1 MB capital - or the criteria of non b will still remain ) 

3. do you have list of documents needed ?

3. Did you do by yourself or you hire a lawyer/freelance to do so if yes any name to recommend ?

 

Thx by advance

[StateSix]

A friend of mine was advised that to change from extension of stay based on WP to extension of stay based on marriage he would have to cancel the current extension, leave the country within 24 hrs and apply for a new Non Imm O visa at an Embassy/Consulate, then re-enter and apply for the extension.  However, this could be avoided if he paid THB 10k under the table.  This was advised by their immigration lawyer and they wanted to do the change at the next renewal date, not before.

 

In view of the difficulty leaving/entering the country are Immigration expecting people changing the reason for an extension of stay to leave and apply for a new visa?

[ubonjoe]

1 hour ago, Jack Bkk said:

I have few questions:

1. Can I cancel my extension based on business and apply for extension based on marriage the same day ?

2. do I have to give reason why I want  change extension  like a resignation letter ? 

2. If change extension to be based on marriage and add new company on my work permit will it be possible to show only criteria same as non o (2 thai employees and 1 MB capital - or the criteria of non b will still remain ) 

3. do you have list of documents needed ?

1. Yes

2. You will need a letter from your employer stating the date your job is ending.

You will have to cancel your existing work permit and apply for a new one. The 1 mb baht capital will be the same but the number of employers require can depend upon where you apply for the work permit.

3. This is my general list of required documents. Marriage Extension Requirements 2.pdf

[ubonjoe]

32 minutes ago, StateSix said:

A friend of mine was advised that to change from extension of stay based on WP to extension of stay based on marriage he would have to cancel the current extension, leave the country within 24 hrs and apply for a new Non Imm O visa at an Embassy/Consulate, then re-enter and apply for the extension. 

He was given false info. You can change from a extension of stay based upon working to one based upon marriage without leaving the country.

[Jack Bkk]

1 minute ago, ubonjoe said:

1. Yes

2. You will need a letter from your employer stating the date your job is ending.

You will have to cancel your existing work permit and apply for a new one. The 1 mb baht capital will be the same but the number of employers require can depend upon where you apply for the work permit.

3. This is my general list of required documents. Marriage Extension Requirements 2.pdf

Thank you for your answer.

 

2. In case I resign the resignation letter is enough ?

3. Currently for non b visa requirement for work permit is 4 thai employees and 2M capital (Bangkok).

since my visa will still be non b but the 1 year extension will be changed to be based on marriage I m not sure if the criteria for married person (2 thai and 1 M thb is enough )
 

my idea was to change the extension based on marriage and dependent children, add a new company on my work permit before my resignation become effective (1month notice ).

I don’t want to be in a situation where i have resigned  and then I m not able to change my extension based on marriage and dependent children, and be forced to travel outside the country to avoid to be in overstay .

[StateSix]

1 hour ago, ubonjoe said:

He was given false info. You can change from a extension of stay based upon working to one based upon marriage without leaving the country.

I suspected that was the case and had advised him to check with a different lawyer.  Thank you

[ubonjoe]

2 hours ago, Jack Bkk said:

2. In case I resign the resignation letter is enough ?

3. Currently for non b visa requirement for work permit is 4 thai employees and 2M capital (Bangkok).

since my visa will still be non b but the 1 year extension will be changed to be based on marriage I m not sure if the criteria for married person (2 thai and 1 M thb is enough )

2. Yes But the letter needs to be from your employer.

3. Your type of visa does not matter. It is the extension that you are applying for.

You will not need to show immigration anything related to a work permit to apply for the extension based upon marriage.

 

 

2 hours ago, Jack Bkk said:

my idea was to change the extension based on marriage and dependent children, add a new company on my work permit before my resignation become effective (1month notice ).

I don’t want to be in a situation where i have resigned  and then I m not able to change my extension based on marriage and dependent children, and be forced to travel outside the country to avoid to be in overstay .

The work permit you have now would no longer be valid after your resign from the company it is based upon.

Your extension is not likely to be denied if you have all the required documents and 400k baht in the bank for 2 months. Immigration will review you paper work before canceling your extension.

If you could not get the extension accepted you could apply for a 60 day extension to visit your wife to get more time to apply for the one year extension.

 

[Tanoshi]

19 hours ago, Jack Bkk said:

I have few questions:

1. Can I cancel my extension based on business and apply for extension based on marriage the same day ?

2. do I have to give reason why I want  change extension  like a resignation letter ? 

2. If change extension to be based on marriage and add new company on my work permit will it be possible to show only criteria same as non o (2 thai employees and 1 MB capital - or the criteria of non b will still remain ) 

3. do you have list of documents needed ?

3. Did you do by yourself or you hire a lawyer/freelance to do so if yes any name to recommend ?

You should be able to change the reason of your extension based on business to that of based on marriage.

The issue is that Immigration orders state you must have had a Non Immigrant Visa to apply for annual extension, but certain offices insist it is of the Non Imm 'O' type to switch to one based on marriage.

Check with your IO beforehand.

 

For extensions based on marriage there is absolutely no need to even inform Immigration of having a work permit if using the 400K in the bank method.

You then deal separately with the Labour office regarding your work permit, providing evidence of being married to a Thai national.

Edited February 16, 2021 by Tanoshi