Visa Options After Work Permit Cancellation

[JayLeno]

Hi everyone,

 

I currently hold a Non-B visa with a work permit from a BOI company, but it will be canceled soon (by the end of this week or next, as decided last month). I would like to explore my options for staying in Thailand, either by joining my wife's company (non-BOI) or switching to a Non-O visa until I secure a new job (I am currently in the interview process).

Could you advise me on the available visa options or any other alternatives? I am a male, married to a Thai woman for 8–9 months, living in Bangkok. I am renting an apartment, and my name is not on the Tabian Baan (house registration). I would prefer not to leave Thailand for the visa transition.

 

Thanks in advance!

[DrJack54]

14 minutes ago, JayLeno said:

I would prefer not to leave Thailand for the visa transition

Should be possible.

Thinking change to based on marriage good option.

Can obtain work permit with that.

 

https://aseannow.com/topic/1339630-switching-from-non-b-to-marriage-or-retirement-visa/ 

 

https://aseannow.com/topic/1233744-want-to-change-from-non-–-b-to-non-–-o-based-on-marriage-as-leaving-my-job/

[PattayaParent]

Be aware that when your visa is cancelled you have to leave the country immediately unless you get a seven day extension at immigration.

 

Hmm, you say work permit cancellation in your title but refer to both in your post.

 

If WP is cancelled and not visa you're OK until visa expiry date. If company cancel visa also then what I said above.

[DrJack54]

25 minutes ago, JayLeno said:

I would prefer not to leave Thailand for the visa transition.

Plan B would be border run from Bangkok to Cambodia using agent and from visa exempt e try obtain Non O marriage.

400k in bank on day of application. 

 

[JayLeno]

Apologies for not using the correct terms.
 

I have the termination letter stating that today is my last working day. I also have my work permit and Non-B visa. The HR department has agreed to delay the cancellation of my work permit and visa.
 

From what I understand, you’re suggesting that I switch to a Non-O spouse visa without canceling my work permit. Is that correct? Since my work permit is tied to a BOI company, how can I transfer to a new company that is not BOI?
 

Additionally, my wife does not yet have employees in her company, so I’m not sure if I can switch yet. What is the minimum number of employees required when married to a Thai—two employees, four employees?

[FritsSikkink]

11 minutes ago, JayLeno said:

Apologies for not using the correct terms.
 

I have the termination letter stating that today is my last working day. I also have my work permit and Non-B visa. The HR department has agreed to delay the cancellation of my work permit and visa.
 

From what I understand, you’re suggesting that I switch to a Non-O spouse visa without canceling my work permit. Is that correct? Since my work permit is tied to a BOI company, how can I transfer to a new company that is not BOI?
 

Additionally, my wife does not yet have employees in her company, so I’m not sure if I can switch yet. What is the minimum number of employees required when married to a Thai—two employees, four employees?

Do you have a Non-B visa or an extension of stay based on work? Has the original visa been extended? 

[Rob Browder]

35 minutes ago, JayLeno said:

From what I understand, you’re suggesting that I switch to a Non-O spouse visa without canceling my work permit. Is that correct? Since my work permit is tied to a BOI company, how can I transfer to a new company that is not BOI?

If you go to a Non-O based on marriage to a Thai, the work-permit will not come into the question of whether you can get the extension, provided you have 400K in the bank for 2+ months.
 

The date on the termination-letter is your last permitted-day of stay.  You would need a new letter with a later-date, if your employer is extending things for you.  You will show that to immigration when you request the change of permitted-stay.  Hopefully, they will allow you to apply without making a border-run. 

 

If they refuse to do the change, THEN you could apply for the 7-days extension if you need more time before a border run.  But, after you get that 7-day extension, the ONLY option is the border-run.

[JayLeno]

I still have the work permit and visa. HR told me the date on the termination letter would be this 22/03 (Friday)

[brewsterbudgen]

1 minute ago, JayLeno said:

I still have the work permit and visa. HR told me the date on the termination letter would be this 22/03 (Friday)

 

Do you have a visa or an Extension of Stay?  If you are still on your original non-B visa, you can stay until the date you've been stamped in to.  However, if you are on an Extension of Stay based on work, you have to leave the day the Extension is cancelled, unless you buy an Extension which will be refused, but you'll get 7 days extra.

[JayLeno]

I am on a visa. I am not on an extension. Also my visa hasn't been cancelled yet.

[BrandonJT]

8 hours ago, PattayaParent said:

Be aware that when your visa is cancelled you have to leave the country immediately unless you get a seven day extension at immigration.

 

Hmm, you say work permit cancellation in your title but refer to both in your post.

 

If WP is cancelled and not visa you're OK until visa expiry date. If company cancel visa also then what I said above.

Employees of BOI companies automatically get between 7-21 days to remain in Thailand after their work permit and work extension is cancelled.

[JayLeno]

With this time, can I change to non-o visa? 

3 hours ago, BrandonJT said:

Employees of BOI companies automatically get between 7-21 days to remain in Thailand after their work permit and work extension is cancelled.

 

[BrandonJT]

3 hours ago, JayLeno said:

With this time, can I change to non-o visa? 

 

You cannot change to a new visa, no.  If you were on a work extension, you might be able to apply for a new extension for a different reason.  If you were on an extension, check with your immigration office if they will allow you to apply for an extension based on being married to Thai. If so then ask them for the list of requirements so you can prepare everything.

 

But a marriage to Thai extension requires you to have had 400,000 in a Thai bank account for 2 months at the time of application, so if you don't already have that setup and ready to go, you won't be able to apply and would have to leave Thailand and reset your status and start over.