What Type Of Visa Should I Get?

[CWMcMurray]

Ok, this is my situation... I am currently a student at a Thai University and I have an Education visa and I need an internship in order to graduate. I have been offered a position at a Thai company and they have told me they are interested in giving me a full time position even though I haven't officially finished at University yet. They also said they will pay for my work permit and visa.

It is also important to note that I am married to a Thai national and I have a Thai child, or at least I will within the next couple of weeks.

What I want to know is should I use the Ed visa until I graduate and then change my visa or should I change my visa when I start working with them? I think I could technically use my ed visa because the internship is a requirement for graduation but I am also interested in getting a work permit because I want to pay taxes, I know that sounds wierd, but I have been here for three years and I am married to a Thai national, I have a Thai child, I will be graduating from a Thai University and I can speak Thai so I think I would be succesful if I applied for residency. The only thing holding me back is the fact that I haven't paid taxes for the past two years because I am on an Education visa.

Do I need to have proof of paying taxes even I have been here under an education visa? Can I apply for residency this year? Or do I need to get a work permit and pay taxes for two years and then apply for residency?

Also since I am married and I will be making over 40,000 a month would it be easier to get an "O" visa instead of a "B"? If I have an "O" visa can I still get a work permit?

Lastly if I should go from an Ed to an "O" or a "B" can I do it here or do I have to leave the country?

What do you think I should do?

[Maestro]

CWMcMurray, from what you say you have been in Thailand for the past few years on consecutive extensions of stay for study, and you plan to apply for Permanent Residency as soon as practical. Therefore, it is important that you do not go and get a new visa from a Thai consulate. Instead, whenever your situation changes you should apply for a new extension of stay for the new reason.

You are allowed to study while you have a work permit and work, but you are not allowed to work without a work permit. Internship counts as work and requires a work permit, I believe.

As far as I know, you are allowed to apply for a work permit while you are on an extension of stay for study. If not, with the necessary papers from your employer, apply for a new extension of stay for the reason of employment. Once you have at least three monthly salary slips (some immigration offices seem to want to see twelve) you can apply for a new extension of stay for the reason of living with your Thai wife (so-called marriage extension). The marriage extension has the advantage that you do not have to leave the country within 7 days – and lose the continuity of your extensions – when your employment terminates. This is important because of your plans for Permanent Residency.

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Maestro

[CWMcMurray]

Quote from PM from Lopburi3

"I was in process of trying to get an answer out to you but really don't know enough to be sure in your case as you have continuous 3 years and don't want to lose that with a visa change. I believe it was said no more work permits on ED extensions but am not certain of that. I believe it would be worth your money and time to consult with Sunbelt if they do not answer on forum as you seem to have too many factors to take our word as law and possibly end up behind an eight ball."

Thank you for your advice, I think I may very well need to talk with a Lawyer but I am trying to collect as much information as I can; otherwise I may not know enough to ask some of the important questions. I know that they are experts but I would like to have a pretty good idea on what they are going to tell me before they tell me.

I wasn't aware that if I change from an Ed to a "B" or "O" Ihave to start the clock over.

If my situation wasn't complicated enough as it is, I also got my pasport stolen with my car and I am going to need to try and get my old visa put into my new passport. I have copies of everything and I have been told that I can get a letter from the embasy and depending on the mood of the immigration officer I may be able to get my visa replaced.

[CWMcMurray]

I just went to immigration today so I have an update:

I picked up my new passport from the embassy and then went to immigration; I did not have any problems what so ever in getting my old visa put into my new passport. Everything went very smoothly and everone at the immigration office was very professional and helpful and I think I spoke to just about eveyone who worked there.

I first went to the lost/stolen passport window (#4) and handed them my new passport, my police report, and copies of everything from my old passport (front page, visa, all extensions, departure card, entrance stamp) and a copy of my new passport. Granted if I didn't have the copies it may have been more difficult.

Next I had to go to widow #7, re-entry permits, in order to get a print out of the unused re-entry permit from my old passport. Then go back to window #4 and turn that in.

Then I picked up my passport with my visa, which was good until sept 14th but since I was already there I decided to get my next years extension and went to the appropriate window and told the lady working there my situation and asked her if I would be able to get an extension. She asked if I had copies of my old passport and I gave her another packet of all the copies, she seemed a bit relieved that I had all of the copies and smiled and said that it would be no problem what so ever.

So now I have my visa and my extension and then I went to window #3 to ask about when I would need to check in for my 90 days; I couldn't remember when I was supposed to come back. She told me to go up stairs to room 206 and when I went upstairs and told them my situation they weren't sure what to do at first. They said that if i could remember the day I came in last time they could easily look it up and let me know. Unfortunately, I couldn't remember and I asked her what should I do. I think she felt bad for me and allowed me to fill out a new 90 day form and start counting again from today. Although she allowed me to do this I got the impression that this is not normally done.

All in all a good day, I wasn't sure if I was going to be able to do all of this without leaving the country.

Next thing, I also talked to them about my internship while in school. If you are a full time student in a program that requires an internship, you do not need a work permit. The immigration official spoke with her boss, who said that if you are doing a school mandated internship you just need to get your school to write a letter stating that it is a required internship, the company that you will be working for and the dates that you will be working. Take that to immigration and hand it in, you are now legal.

Also I spoke with a lawyer and was told that I could change my ED visa to a B in Thailand and then apply for a work permit or I could change it to an O in Bangkok but I wouldn't be able to get a work permit or I could get an O outside of Thailand and then I could get a work permit.