Non-immigrant O visa and work permit

[WebGuy]

Hi folks,

 

Could you please tell me if I can apply for a work permit based on a non-immigrant O marriage visa?

 

Currently I have a non-immigrant B visa and a WP and my company will cancel it on 31st December because this is when my business contract ends. I am aware that I must go to the immigration in Thailand to cancel my non-immigrant B visa and I plan to go out of Thailand and to apply for a non-immigrant O marriage visa based on my marriage with my Thai wife and come back to Thailand. My specific question would be if I find a company that would employ me and wants to make a WP for me, could I use my non-immigrant O marriage visa for this?

 

Thank you very much in advance.

 

Cheers!

[BritTim]

Yes, if you are on a Non O visa (Thai spouse) or an extension of stay based on marriage, you are allowed to work and can get a work permit once you find a job.

[Crossy]

It's been a while since I did it, but you should be able to change your reason for extension to Thai Wife without leaving the country, assuming of course, that you have all the financials and paperwork in order. 

 

Do it the same day as work cancel your existing extension.

[WebGuy]

Thank you very much. 

 

I have had the WP for the last 5 years. Does it cover the financial requirements for applying for non-immigrant O based on marriage with my Thai wife and not leaving the country? 

[BritTim]

2 hours ago, WebGuy said:

Thank you very much. 

 

I have had the WP for the last 5 years. Does it cover the financial requirements for applying for non-immigrant O based on marriage with my Thai wife and not leaving the country? 

If you are not employed at the time you apply for the extension based on Thai spouse, use the money in the bank option (400,000 baht) unless you can show continuing sources of income of at least 40,000 baht per month backed up with an income letter from your embassy.

[recom273]

3 hours ago, WebGuy said:

Thank you very much. 

 

I have had the WP for the last 5 years. Does it cover the financial requirements for applying for non-immigrant O based on marriage with my Thai wife and not leaving the country? 

No, not on work history, but like others have said, you need the 400K in the bank or 40K+/month salary - but just to add, I used to have a WP on a ME Visa from Savanakhet. So, if you are temporarily embarrassed, don't stress, just go to Laos or wherever they issue ME visas, you can get a WP from the labour office.

I used to teach, holding non-O is much less of a worry than holding non-B, it removes any worry of losing your job and having to leave the country after the school cancels the WP and non-B that's tied to it. Your local immigration might not like it for a couple of reasons.

[WebGuy]

Thank you very much guys. Means to me a lot.

I live in Nonthaburi and will go to Nonthaburi immigration to ask for the non-immigrant O visa documentation requirements.

Edited October 13, 2023 by WebGuy

[WebGuy]

After some research here I am back folks with another sub-question regarding this topic. By the way, I was in Changwatana immigration office by there is still one doubt I have.

 

As stated earlier, my WP will be cancelled on 31st October by my employer and therefore my non-immigrant B visa will also be cancelled at the same day by default (if I understand correctly).

 

My new employer will be able to have all the WP documents ready by beginning of November and I will apply for a non-immigrant O visa (based on marriage) in Laos.

 

What I am thinking about now is to be a bit proactive and go to Laos and apply for non-immigrant O visa before my WP gets cancelled which will happen on 31st October.

 

I am thinking to do the following:

1. Go to Laos on 24th October and apply for non-immigrant O visa

2. Come back to Thailand and have the non-immigrant O visa in my passport 

3. At the beginning of November I am ready to apply for WP in Nonthaburi

 

However, I have a following doubt. Once I leave Thailand for Laos on 24th October without a re-entry stamp, my non-immigrant B visa will be cancelled by default but my WP will still be valid. Is there a chance that Thai immigration in Laos will see that my WP is still active and reject my application for non-immigrant O visa so I will have to wait until my current employer cancells my WP on 31st October anyway?

 

Thank you folks again.

[BritTim]

8 hours ago, WebGuy said:

After some research here I am back folks with another sub-question regarding this topic. By the way, I was in Changwatana immigration office by there is still one doubt I have.

 

As stated earlier, my WP will be cancelled on 31st October by my employer and therefore my non-immigrant B visa will also be cancelled at the same day by default (if I understand correctly).

 

My new employer will be able to have all the WP documents ready by beginning of November and I will apply for a non-immigrant O visa (based on marriage) in Laos.

 

What I am thinking about now is to be a bit proactive and go to Laos and apply for non-immigrant O visa before my WP gets cancelled which will happen on 31st October.

 

I am thinking to do the following:

1. Go to Laos on 24th October and apply for non-immigrant O visa

2. Come back to Thailand and have the non-immigrant O visa in my passport 

3. At the beginning of November I am ready to apply for WP in Nonthaburi

 

However, I have a following doubt. Once I leave Thailand for Laos on 24th October without a re-entry stamp, my non-immigrant B visa will be cancelled by default but my WP will still be valid. Is there a chance that Thai immigration in Laos will see that my WP is still active and reject my application for non-immigrant O visa so I will have to wait until my current employer cancells my WP on 31st October anyway?

 

Thank you folks again.

The danger is that Immigration in Mukdahan or Nong Khai will block your departure with an active extension of stay based on working and no re-entry permit. They probably will.

[bigt3116]

12 hours ago, WebGuy said:

Once I leave Thailand for Laos on 24th October without a re-entry stamp, my non-immigrant B visa will be cancelled by default

No, your extension will not be "cancelled by default", it still needs cancelling correctly at immigration here

[WebGuy]

Ehh I see. Thank you very much.

 

So the only correct and safe way would be as follows:

1. To wait for my employer to cancel the WP on 31st October

2. To go to immigration to cancel my non-immigrant B visa on 31st October and to apply for 7 day extension

3. To travel to Laos on 1st November to submit the application for non-immigrant O visa

 

If the steps above are correct, is there a possibility to avoid paying for 7 days extension and thus avoiding paying 1900thb but as soon as my visa gets cancelled, I immediately travel to Laos and across the border the very same day and then on 1st November apply for the non-immigrant O visa in Thai embassy there early in the morning?

 

I can pay 1900thb for the 7 days extension but why would I do that if I don't have to ... also I can ask my employer we go together to cancel the WP and non-immigrant B visa together early morning on 31st October so I have enough time to across Thai boarder and arrive to Laos.

 

[BritTim]

12 hours ago, WebGuy said:

Ehh I see. Thank you very much.

 

So the only correct and safe way would be as follows:

1. To wait for my employer to cancel the WP on 31st October

2. To go to immigration to cancel my non-immigrant B visa on 31st October and to apply for 7 day extension

3. To travel to Laos on 1st November to submit the application for non-immigrant O visa

 

If the steps above are correct, is there a possibility to avoid paying for 7 days extension and thus avoiding paying 1900thb but as soon as my visa gets cancelled, I immediately travel to Laos and across the border the very same day and then on 1st November apply for the non-immigrant O visa in Thai embassy there early in the morning?

 

I can pay 1900thb for the 7 days extension but why would I do that if I don't have to ... also I can ask my employer we go together to cancel the WP and non-immigrant B visa together early morning on 31st October so I have enough time to across Thai boarder and arrive to Laos.

Even if you do not have the money in the bank for a one-year extension of stay based on marriage, you should be able to get a 60-day extension to visit your wife without showing any financial proof. This seems like a much better idea than paying to be ordered out of the country within seven days.

[WebGuy]

On 10/19/2023 at 3:53 PM, BritTim said:

Even if you do not have the money in the bank for a one-year extension of stay based on marriage, you should be able to get a 60-day extension to visit your wife without showing any financial proof. This seems like a much better idea than paying to be ordered out of the country within seven days.

Am I not eligible to receive 3 months valid non-immigrant O visa based on the marriage with a Thai citizen and make a work permit based on it?

 

We also have a child. Should I apply for non-immigrant O visa based on my child and apply for the WP based on it?

 

What is the best option?

[BritTim]

5 hours ago, WebGuy said:

Am I not eligible to receive 3 months valid non-immigrant O visa based on the marriage with a Thai citizen and make a work permit based on it?

 

We also have a child. Should I apply for non-immigrant O visa based on my child and apply for the WP based on it?

 

What is the best option?

If you can provide the financial proof, you have many options that do not involve leaving. Most options (the exception being a 60-day extension to visit your Thai spouse or children) are not available to you from Thai Immigration without the money in the bank or an income letter from your embassy. To get a longer stay without 400,000 baht in a Thai bank account, you must leave and apply for a visa in Savannakhet.

[WebGuy]

Thank you very much to everyone. Cheers!

[WebGuy]

On 10/20/2023 at 9:51 PM, BritTim said:

If you can provide the financial proof, you have many options that do not involve leaving. Most options (the exception being a 60-day extension to visit your Thai spouse or children) are not available to you from Thai Immigration without the money in the bank or an income letter from your embassy. To get a longer stay without 400,000 baht in a Thai bank account, you must leave and apply for a visa in Savannakhet.

 

... and I assume that if I choose the option of 60 days extension I can't apply for the work permit. Correct? I am asking this because I already have a new employer that wants me to start working on 1st November and he will have the WP documentation ready by then.

[BritTim]

1 hour ago, WebGuy said:

 

... and I assume that if I choose the option of 60 days extension I can't apply for the work permit. Correct? I am asking this because I already have a new employer that wants me to start working on 1st November and he will have the WP documentation ready by then.

 

You should the able to apply for a work permit (and subsequent extension based on working or Thai spouse) while on a 60-day extension, but this should be verified with your local labour and immigration offices. Since you will still be on a Non Immigrant entry, there is no absolute reason why this should not be allowed. The officials will look closely at your income from the new job.

[Benbkk26]

I have a similar situation but the other way around.

I currently have a Non-O marriage VISA and a Work Permit, VISA due to expire next month. 
My employer and I want to transfer it to a non-B VISA and recommend I leave the country to get it e.g Laos, get my non-B, reenter Thailand and they will sort out the year extension. 

 

My employer said I have to go to CW immigration to cancel my current VISA before hand. It is a single entry VISA so I thought if I left the country it would just cancel it automatically. Is my employer correct? I have to cancel it in Thailand immigration first? 

Next question is about the non-B application process in Vientiane, Laos; is it a good place to do it? Is it smooth? I have been told some places are better than others. 

[WebGuy]

12 minutes ago, Benbkk26 said:

 

My employer said I have to go to CW immigration to cancel my current VISA before hand. It is a single entry VISA so I thought if I left the country it would just cancel it automatically. Is my employer correct? I have to cancel it in Thailand immigration first? 
 

 

According to my knowledge, you need to cancel it in an immigration office in Thailand and then you leave the country.