Multiple Entry Non-imm O Visa And Work Permit

[hill16]

Hi,

I recently posted a similar topic on the Teaching Forum but I need further assistance from the Visa Forum experts please. I have used 2 months of my possible 15 months in Thailand on a Multiple Entry Non-Immigrant O type visa. I am married to a Thai.

I would like to know how to obtain a Work Permit on an O type visa for the purposes of teaching?

According to Ajarn.com (the teaching website) "it's possible to obtain a work permit with a Non-immigrant O Visa, but it seems a lot of employers either aren't aware of this, or it's too much hassle for them".

Am I correct in saying that if I get a Work Permit and attach it to my O visa, that should I choose to leave an employment or get sacked that I do not have to leave the country within 7 days as my visa is valid for another 13 months of exits and re-entries?

If I have to transfer my O visa to a B visa to allow me to teach, how do I do this? Will my B visa be valid for the period remaining on my O visa ie 13 months or will it be different?

Will I have to pay for changing visas even though I already paid for the O visa 2 months ago?

Again, am I correct in saying that the Work Permit is not interlinked to a B visa in that if I leave an employment that I do not have to leave the country within 7 days as my B visa does not get cancelled along with my Work Permit?

I noticed that there have been 2 other posters in other threads on this forum that stated that with a Work Permit on an O visa you do not have to leave Thailand every 90 days but you can go to Immigration instead? Can somebody please clarify this once and for all?

Kind regards,

Hill16

[lopburi3]

1. Yes you can obtain a work permit with a non immigrant O visa.

2. You would not have to leave Thailand if you lost your employment.

3. Some schools would rather you did not know that.

4. There is only a slightly different paperwork requirement - Sunbelt has mentioned the exact difference but my memory is going.

5. You must leave the country every 90 days on a non immigrant visa entry - the only exception is the retirement O-A visa.

6. If you can meet the requirements for family extension of stay, 40k monthly family income, you will be able to extend your stay for one year at a time and then you will not have to make exits of the country - but you will have to start reporting your address every 90 days. You could also do with if you meet the employment conditions (salary for your nationality) but in that case the extension would be tied to the work permit and you would have to leave in 7 days.

7. If you have no choice and accept there B visa requirement expect they will let you pay for it.

[hill16]

Thanks a lot Lopburi3,

So, just to clarify, an O visa or a B visa which is valid for one year (+3months) is not affected by the cancellation of a Work Permit within the timeframe of the visa's validity.

If a school offers to pay for a Non-Imm B visa, it still belongs to you and the visa cannot be cancelled by the school along with thew Work Permit.

Both these visas require the 90 day exits and re-entries unless the visa has been extended.

Can somebody advise me of the process of how to get a Work Permit on an O type visa please?

Kind regards,

Hill16

[TerryLH]

I believe getting a work permit is the same for either a B or an O visa. The paperwork is the same.

Under normal circumstances you don't get it, your employer does.

[seykota]

My understanding is:

If your work permit is canceled by the employer and you are on a B visa, you have 7 days to leave Thailand or obtain a new position that provides a work permit. However, if you have an "O" visa it remains valid because it is not dependent on it.

There is no doubt that it is best to continue with your "O" visa and just have the work permit application submitted to the Department of Labour. The school has to do this for you as they have the required documents. If your school refuses to get you a WP and continue with your "O" visa, find a different school, I believe this would be a sign of more trouble to follow! It is a seller's market.

[Maestro]

My understanding is:

If your work permit is canceled by the employer and you are on a B visa, you have 7 days to leave Thailand or obtain a new position that provides a work permit..

Seykota, I believe you are mixing up “visa” with “extension of stay” and this can be confusing, particularly in this thread.

Regardless whether the visa is non-B or non-O, you do not have to leave the country within 7 days after termination of your employment. The permission to stay you received when entering with the visa remains fully valid. If your visa is multiple-entry, the visa remains fully valid until the expiration date shown on the visa.

If you are on an extension of stay based on employment you have to leave the country within 7 days after termination of your employment.

If you are on an extension of stay for any other reason, you do not have to leave the country within 7 days after termination of your employment. Your extension of stay remains fully valid until the date stamped in your passport.

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Maestro

[seykota]

Thanks Maestro,

I am a tad confused, but your explaination has made it clearer. I will happily continue with my Multiple "O" and WP.

Again thanks

[jpop]

Lopbury/Maestro, can you post a link to where this info is located? I'm in the same boat as Mr. Hill (wants to get a work permit with non-imm-O visa in Chaing Mai) and nobody here thinks it can be done. I've spoken with my company's HR rep and the BOI and they are no help.

Thanks

Edited July 24, 2007 by jpop

[Maestro]

The issuance of work permits falls within the competence of the provincial labour offices.

I have seen no report so far that any labour office has refused to issue a work permit to a person who entered Thailand with any category of non-immigrant visa if the requirements for a work permit were met, except entry into Thailand was with a non-immigrant visa category O-A (retirement visa). A work permit is possible even after a tourist visa entry or visa-exempt entry but the work permit will always be valid only as long as the permitted period of stay.

If somebody is here on an extension based on a non-immigrant visa, the only time somebody has been refused a work permit was when his extension was for the reason of retirement. This refusal of a work permit to retirees started about four weeks ago, according to reports of Sunbelt.

Please note that once you have an annual extension of stay the category of non-O visa you originally had no longer matters. What matters is the reason for your extension of stay. This reason is usually indicated on the stamp approving the extension of stay. If the reason is not “retirement” the labour office should give you a work permit without problem if all other paperwork is in order.

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Maestro

[Maestro]

...can you post a link to where this info is located...

There is the Labour Law and Ministerial Regulations that say what occupations are forbidden for foreigners but I have not seen the guidelines used by the Labour Department for the issuance of work permits on the Internet or published on paper. The labour office may have an information leaflet about the requirements available for applicants.

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Maestro