Visa/work permit changes

[muaythai]

Hi All,

    I'm married to a Thai national and we lived for more than one year in Florida (my home state in the USA) and we've now lived here in Bangkok for almost one year. I came here on a Class "O" non-immigrant visa, however after obtaining a recent job with a Thai high school, this visa was changed to a Class "B" which I am told allows one to perform work here legally. Rather than my "O" expiring this September, my new "B" is good until the end of my teaching contract which ends at the end of March 2004. I understand now that once my contract ends, then so does my visa/work permit which must be renewed if I continue to work for this school. Now for some questions I have:

    If, for some reason or other, I leave my job before my contract is up (which will result in cancellation of my work permit/visa) will this effect my cumulative time here? In other words, should I need to switch back to an "O" if I'm no longer employed would that be as if I had to start all over visa wise, or will this cumulative time continue and my visa will simply be switched back to the "O" class with no time breaks? Also, just how easy or difficult is it to get permanent residence here after three years? Must I have worked the whole time, or simply show evidence of legal employment during my three years time before applying for the residence permit?

    There is a lot of talk out there about different people's experiences regarding this...I have yet to meet a falang who has permanent residence, regardless of how many years they've been here. Me being married to a Thai national should make the immigration process easier, at least it's supposed to, as we thought it would when my wife and I originally decided to move to Florida. Are these fee increases and strict work regulations just a way to scare off unscrupulous falang from just "squatting" here? If anybody has any input, please send it this way. Chok dee!

[hukster]

Whay did you change your class o to B? Anyone correct me if i'm wrong, but a class o visa for support of a Thai family allows you to get a work permit.

[muaythai]

Hi Hukster,

    A Thai woman who helps farang teachers with their visas/work permits explained to me at the immigration dept. that it's necessary to change from an "O" to a "B" since only the "B" allows us farangs to work here legally

[South]

Work permits permitted on non'O's as well as 'B's  .... otherwise I'm working illegally  

[Sunbelt Asia]

Lots of misinformation out there by well-meaning folks. A work permit can be obtain with ANY non-immigrant visa.

[george]

Lots of misinformation out there by well-meaning folks. A work permit can be obtain with ANY non-immigrant visa.

Yes, but in order to extend it for a year at the Immigartion bureau, it MUST be a "B". If it is another type of NON-Immigrant visda, it must first be changed to a "B" before any extension can be done.

An "O" visa is NOT suitable for investment or work. Sunbelt Asia might be able to arrange an extension of a "O" visa for working reasons, but the "O" is a support/retirement visa and nothing else.

The Labour Department can issue a Work Permit with a "O" visa, beacuse the two departmenmts does not communicate so well with each other. But to extend it yearly it MUST be a "B" or another type of NON-Imm changed to a "B". Period.

[hukster]

George,

Forign affairs states you can extend an O for support, then apply for a work permit.

[george]

George,

Forign affairs states you can extend an O for support, then apply for a work permit.

What the Immigration does is to first change it to a "B" and then extend it. But you will not have an extended "O" then, you will have an extended "B".

[dr_Pat_Pong]

SUNBELT

Gregory, are you saying ANY Non-Imm ?  If so, that means a person on an ED can obtain a visa and I am told by Suan Plu that that is a no no. Mind you, Suan Plu does sometimes move the goal posts after the game starts.

[Indo-Siam]

My core business here in Thailand is helping non-Thais incorporate here, and obtain work permits and entry permit extensions.

If you enter Thailand on a non-immigrant visa, you may obtain a work permit, and also a one-year entry-permit extension based on employment.

It does NOT matter what sort of non-immigrant visa you have at the time that you enter Thailand - O or B.

The key here is that the term "visa" applies to a stamp that is issued by the a consular official who works for the Foreign Ministry somewhere outside Thailand.  A "visa" is an authorization to enter Thailand.  At the port of entry, Immigration officials (part of the Police, which belong to Interior Ministry) issue you an entry permit.

Once you are INSIDE Thialand, your original VISA status is irrelevant.  What is important is your entry permit.

There is literally no such thing as a "visa extension."  Visas are NEVER extended.  If a visa expires, you must obtain a new visa outside Thailand.  What everyoine refers to as a "visa extension" is actually an "entry pemit extension".

My own personal one year entry permit extension is based on employment, and was based on an initial 90 day entry permit extension issued against a single-entry Class O visa issued by the Thai Embassy in Vientienne.

What is true is that the entry permit stamp issued at a point of entry will include a scawled "non-im o" written in at time it is issued.  Neither Labor Department nor Immigration Department care whether this says "non-im O" or "non-im B".

Indo-Siam

[TRIPxCORE]

So the basic synopsis here is that a person can get a work permit with an O or a B visa, that does not matter.  But if you wish to extend your work permit with an O visa, you must extend your entry permit first and then the work permit and with a B visa, you can do both the entry permit and work permit extension together?  Is that it?

[plachon]

Interesting that there's still confusion over what exactly a non-imm "o" does and doesn't allow to the holder, one inside LOS......

Just a few words to address the other part of Muay Thai's email. I'm surprised that there hasn't been a flood of outraged emails about the visa cost hikes (so far). No doubt they'll come when unaware people actually go to the embassies and find the cost has hiked up 4 !!!!!! fold. As far as I'm concerned, living on a low income where every baht counts, it's a gouge by the govt. that will hurt my pocket and make me think more seriously about how long i intend to stay here. I could understand a 50 % jump or a doubling at most, but putting the Non - imms up 4 times is taking the piss. It's not as if the country can afford to lose a lot of foreigners living here, but i'm sure that'll happen, as both tourists and longer residents are sensitive to the costs of visas (and the hassle that's required to get them). Last time I was at Vientiane, it took 1.5 hours to queue just to submit my visa, which will really be FUN, when I'm paying 2,000 Baht for the privelege. Personally, I think the Foreign Ministry is out of touch with the realities and thinks that foreigners don't care that much about the costs of visas, so why not just scam the rich dumb farang?

I'm sure others will have something to say about this

:cool:  

[TRIPxCORE]

I must concur, the visa hikes by four are ridiculous.  The government has no idea how to attract foriegn capital into the country.  They seem to try and push it away.

[Indo-Siam]

Tripxcore -

In most cases, a work permit expires on the same date as the entry permit that was shown at the time you picked up the work permit booklet.  O or B does not matter.

So - both documents will - as a general rule - expire together.

Immigration does not want to see you about renewing an entry permit extension until your current entry permit is within 30 days of expiration.  At that point, with minimal hassle, they will generally renew your entry permit extension (same day) - with full knowlege that your work permit is about to expire.  Once you have fresh entry permit extension, you can then go to Labor Department for a fairly routine work permit renewal - that will now expire in common with your entry permit.  

The process with Class O entry permit renewals is pretty weird, and fluid.  My experience suggests that if your Thai spouse accompanies you to Suan Phlu at renewal time, renewal is pretty easy.  Without your spouse, it can be downright impossible.  I can't figure this one out.  I actually ended up going outside Thailand to get a fresh Class O visa, rather than argue with Suan Phlu.

For work permits, the Labor Department renewal process does pay pretty careful attention to your qualifying documentation - particularly with respect to demonstrating that you are paying an acceptable level of personal income taxes, and that sufficient Thais are still employed by your employer, to justfy your continuing employment.

I hope that addressed your question.

Cheers!

Steve Sykes

Managing Director

Indo-Siam Group

[Sunbelt Asia]

Hi Dr.

Yes it’s correct, either a "B" or "O" can get a work permit. We have had easily over 100 clients get them on an "O"