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.

[AustinRacing]

You can’t switch work permits. Your work permit is tied to your current employer and will be gone. You won’t be able to get a work permit with your wife’s company due to lack of sufficient Thai workers. Also the type of work you’d want to do at your wife’s company needs to satisfy work permit requirements. 

[JayLeno]

I already have the 400,000 in my bank account for two months

[JayLeno]

OK. Just discussed with the BOI officer.

 

After termination of your contract you get either 7 or 21 days additional.

 

Then you go to Chang wattana on level 1 to ask for a non-o. One agent at BOI asked me 25,000 then to do the process

[MART]

1 hour ago, JayLeno said:

OK. Just discussed with the BOI officer.

 

After termination of your contract you get either 7 or 21 days additional.

 

Then you go to Chang wattana on level 1 to ask for a non-o. One agent at BOI asked me 25,000 then to do the process

25K to change the extension type, sounds very pricy to me.

[BrandonJT]

10 hours ago, MART said:

25K to change the extension type, sounds very pricy to me.

Especially since he has his own funds seasoned already!

[brewsterbudgen]

On 3/19/2025 at 3:53 PM, JayLeno said:

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

Then you can stay until the end of your visa, as long as you don't work.  Visas are not cancelled, Extensions of stay are.

[Rob Browder]

On 3/19/2025 at 3:53 PM, JayLeno said:

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

Ok - so you are currently on a 90-day permitted-stay from Non-B Visa obtained abroad?  In that case, you have until the "permitted stay" stamped in your passport for that visa-entry, regardless of when your job/work ends. 

 

If this is the case, I do not know why BOI was advising about this, since you did not get an extension-of-stay from them.  I have never heard of a "21 day extension," either.  The "7 days to leave the country" - yes - but after that, no extension in Thailand is possible. 

 

I would ask your local Immigration office what they need for you to apply for a non-O based extension for Thai-family, using your 400K seasoned bank-money.  If they will do it from your current permitted-stay, you are set. 

[DrJack54]

9 minutes ago, Rob Browder said:

I would ask your local Immigration office what they need for you to apply for a non-O based extension for Thai-family, using your 400K seasoned bank-money.  If they will do it from your current permitted-stay, you are set. 

Good suggestion and my money is on he can Obtain extension based on marriage. 

[JayLeno]

 

1 hour ago, Rob Browder said:

Ok - so you are currently on a 90-day permitted-stay from Non-B Visa obtained abroad?  In that case, you have until the "permitted stay" stamped in your passport for that visa-entry, regardless of when your job/work ends. 

 

If this is the case, I do not know why BOI was advising about this, since you did not get an extension-of-stay from them.  I have never heard of a "21 day extension," either.  The "7 days to leave the country" - yes - but after that, no extension in Thailand is possible. 

 

I would ask your local Immigration office what they need for you to apply for a non-O based extension for Thai-family, using your 400K seasoned bank-money.  If they will do it from your current permitted-stay, you are set. 

1. I didn't obtained my non-b visa abroad.
2. BOI companies have specific advantages and there is a possibility of having 21 days extension
3. 400K is the requirements yes.

[JayLeno]

There are so many different answers. Not sure why it is so complicated. Is there someone with a definitive solution? 

 

[BrandonJT]

5 hours ago, JayLeno said:

There are so many different answers. Not sure why it is so complicated. Is there someone with a definitive solution? 

 

No, because every immigration office is different, every employer is different for the BOI side, and everyone's circumstances are different.  There is no such thing as a definitive answer when it comes to immigration.

 

The only DEFINITIVE answer comes from YOUR immigration office that will process everything.  Their word is final, even if someone else has done the exact same thing at the exact same office, it might not be the same this time.

[jojothai]

There are a number of posts that I could possibly reply to, however i think its best to just reply.
At Chaeng Wattana late january i have been clearly told by the appropriate immigration staff that I cannot go to a Non-o based  on marriage from a work permit. I have to go out and come back in visa exempt or with a Non-O already obtained outside. 
One of my friends wife knows chaeng wattana immigration well and has also checked. They say no also.
Hua Hin immigration also definitely will not allow non-o marriage from a work permit.

However, i do understand that in bangkok the switch can be done by an agent.
A price stated earlier was 25,000 Baht.
Therefore your decision may be whether you pay for an agent,

or go outside country and return visa exempt. (And i think that should be cheaper than 25,000).
From, visa exempt you apply for a non-O based on marriage that gives 90 days,wait for approval, and then within the last 30 days of the 90 you apply for a one year extension based on marriage.

Be aware that for non-o marriage, you must ensure that you have all the necessary paperwork requirements for it as well as the 400,000, and have the marriage registered in Thailand, or if overseas marriage you must get the local registration Khor Ror 22.
See attached list from Chaeng Wattana>

[Rob Browder]

On 3/21/2025 at 3:33 PM, JayLeno said:

1. I didn't obtained my non-b visa abroad.
2. BOI companies have specific advantages and there is a possibility of having 21 days extension
3. 400K is the requirements yes.

OK - you have a permitted-stay issued in Thailand - not a "visa."  In that case, the permitted-stay ends when your job ends. 

If BOI will do a 21-day extension, that is good.  I do not know how a "BOI extension" affects the ability to change to a different permitted-stay in-country. 

Recent posts indicate transfer to a Non-O w/o leaving the country not possible without an agent - but you can always ask. 

[jojothai]

2 hours ago, Rob Browder said:

OK - you have a permitted-stay issued in Thailand - not a "visa."  In that case, the permitted-stay ends when your job ends. 

If BOI will do a 21-day extension, that is good.  I do not know how a "BOI extension" affects the ability to change to a different permitted-stay in-country. 

Recent posts indicate transfer to a Non-O w/o leaving the country not possible without an agent - but you can always ask. 

JayLeno,
FYI, You can expect that to transfer to a Non-O is an immigration issue and not BOI.
So asking any query is likely to be an immigration question.
I had a work permit through Thai company and the visa extension through one stop center.
One stop advised that changing to a Non-O was nothing to do with them. Go to immigration.

If you go to Chaeng Wattana you need to ask to see the approppriate officers for query on what can be done.
They should give you a queue ticket and say one specific booth. I did not have to wait very long even though there were long queues for everything else.

[BrandonJT]

You need to make sure that you are using the correct terminology.  There is no non-B, there is no non-O.  Those are VISAS.

 

We are not talking about visas, we are talking about changing from one extension type to another extension type.  If you ask how to change to a non-O, they will tell you it's not possible because it is not.  But if you ask about changing to a new extension based on a new reason, that might be possible.