Changing Non-immigrant Visa's

[jonjcuk]

Hi Guys

Here's one for you!!

• I am going to be finishing my employment with my current employer as of the end of September 08. I am currently here (and have been for the last 10 years) on a Non-Immigrant B Visa and have a work permit.
  
• I am married to a Thai Lady and we have 3 kids together
  
• I am in the process of securing new employment but don't think I will be able to get it sorted in time before my old company will want / need to cancel my employment visa (as I understand now that the actual Work Permit never really gets cancelled anymore).
  

Here are my questions:

1. Should I apply for a non-immigrant O visa / extension to stay due to marriage while I am still employed (i.e. some time in the month of September) , so that I don't have to "run the gauntlet" of the "7 day get out of town" rule!! Or is it safe enough to get it all sorted after the end of September.
   
2. My reasoning for converting to a non-imm o sooner rather than later is that I get paid on the 25th of each month, so I was thinking that if I apply very soon after 25th August, I can have enough time to then show them also a month later after 25th September that I have an income higher than 40k baht.
   • This one is not the end of the world though, as I am confident of being able to show them of 40k income also coming from the UK.
     

[*]If I did apply and receive a non-imm o visa, and then at the end of September my company informs the Immigration Department of my termination of employment, is everything "OK" as I am no longer in the country on a non-imm B visa?

When eventually I do start a new job, is it easy to get my new work permit with my new company on a non-imm o visa, or should I then convert back to a non-imm B visa so that both the visa and work permit expire at the same time and get "sorted at the one stop shop.

Sorry for the long-winded questions, but you guys have always given great advice, so any help given is greatly appreciated.

Thanks & Regards

[Maestro]

If your average monthly income is at least 40k I think you should go and make the new application for extension, this time to live with Thai wife, already now. I believe they will want to see your tax receipt for the last calendar year, but if they want to see salary slips for the past 12 months, ie August 2007 to July 2008, you will be able to show that too. Of course, you don't need to tell immigration about the end of your current employment in September.

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Maestro

[jonjcuk]

If your average monthly income is at least 40k I think you should go and make the new application for extension, this time to live with Thai wife, already now. I believe they will want to see your tax receipt for the last calendar year, but if they want to see salary slips for the past 12 months, ie August 2007 to July 2008, you will be able to show that too. Of course, you don't need to tell immigration about the end of your current employment in September.

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Maestro

Thanks - my other concern was:

If I did change my extension of stay non-imm B visa to a non-imm o visa, and then at the end of September my company informs the Immigration Department of my termination of employment, is everything "OK" as I am no longer in the country on a non-imm B visa / extension of stay? I.e. Ongoing, I would show proof of incopme of 40k from the UK rather than my current employer?

[Maestro]

As I understand it, you will be allowed to stay for the one year that your new extension, the extension to live with Thai wife, allows. There are many people with work permit on this type of extension and without exception they were allowed to stay after termination of employment. In fact, even after you have your new job it will for this reason be advantageous for you to remain on the marriage extension.

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Maestro

[jonjcuk]

As I understand it, you will be allowed to stay for the one year that your new extension, the extension to live with Thai wife, allows. There are many people with work permit on this type of extension and without exception they were allowed to stay after termination of employment. In fact, even after you have your new job it will for this reason be advantageous for you to remain on the marriage extension.

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Maestro

Thanks a million Maestro!

On that basis, it would sound like it would make sense to get on with the application ASAP.

Do people generally advise the use of Sunbelt (or the likes) for this, or is it easy to do myself?

Also, how long does it take? - multi entry o visa can be done in one day or not? The reason why I ask is that I am travelling almost every week for the next month, so need to try to get it done in a day at Suan Plu if possible.

Final question - when I need to renew my passport (expires 2010 but running out of pages) is it a case of making sure that the UK embassy stamp a reference to my previous passport in my new one, or do I need to get the stamp transferred across?

[Maestro]

Your application for extension for a new reason is a routine matter which you should be able to do yourself.

A marriage extension involves two steps:

Step 1: submit the application. You get an extension of stay for 30 days.

Step 2: on the appointed date one month later, pick up your passport with the extension stamp. In your case, travelling frequently, if in step 1 you already know that you will be out of the country exactly one month later ask the officer if he can make the appointment a few days later to suit your travel itinerary. Others have made such requests and not been refused.

When the embassy gives you your new passport they should give you a letter asking the immigration officer to transfer stamps as necessary. The immigration officer will then

– in the new passport write a reference to the visa on which you entered, together with a reference to the old passport

– transfer the latest entry stamp

– transfer the latest extension stamp

– transfer a re-entry permit if it is still valid

– make any other annotation he considers necessary

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Maestro

[jonjcuk]

Your application for extension for a new reason is a routine matter which you should be able to do yourself.

A marriage extension involves two steps:

Step 1: submit the application. You get an extension of stay for 30 days.

Step 2: on the appointed date one month later, pick up your passport with the extension stamp. In your case, travelling frequently, if in step 1 you already know that you will be out of the country exactly one month later ask the officer if he can make the appointment a few days later to suit your travel itinerary. Others have made such requests and not been refused.

When the embassy gives you your new passport they should give you a letter asking the immigration officer to transfer stamps as necessary. The immigration officer will then

– in the new passport write a reference to the visa on which you entered, together with a reference to the old passport

– transfer the latest entry stamp

– transfer the latest extension stamp

– transfer a re-entry permit if it is still valid

– make any other annotation he considers necessary

--

Maestro

Do you think I will have a problem changing my extension of stay to a non-imm O, seeing that I still have until May 20009 on my Non-Imm B visa, or do I just tell tem that I am doing it because of "protection" for the future?

Do I need a letter certifying my employment by my current employer (until the end of Sep) as I think they will not want to give me one, as I am leaving them. – or do you think tax statements and pay slips should be adequate?

[Maestro]

Applying now should be no problem.

A letter from your employer confirming the duration of your contract is not a requirement for the marriage extension (rule 7.17(6) of Royal Thai Police Order No. 606/2549) but in the end it's up to the immigration official what he wants to ask for. I can’t recall any other member posting that he needed it for a marriage extension.

Go early and see what the immigration office says. If anything should go wrong, you then would have plenty of time to fall back on plan B.

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Maestro

[lopburi3]

I have my doubts that Immigration will be happy to provide a new extension of stay in the middle of a current extension of stay. Normally these are done in the last 30 days and I expect you will be told this if you try. That is no reason not to try but just be aware there could be some resistance.

[jonjcuk]

I have my doubts that Immigration will be happy to provide a new extension of stay in the middle of a current extension of stay. Normally these are done in the last 30 days and I expect you will be told this if you try. That is no reason not to try but just be aware there could be some resistance.

What choice would I have otherwise?

Do I need to wait for my work permt to be cancelled and then do a 7 day extension and then leave the country to apply??

Seems unrealistic and unreasonable.

[lopburi3]

Perhaps not. But only Immigration is going to be able to provide an answer I suspect. They are normally very protective of the 30 days before expiration rule for extensions of stay (unless good reason is provided). The question is if they will consider this good reason.