Change Non O To Non Immigrant B Possible?

[ajarnw]

Here is my difficult situation:

I am moving to a new place in Thailand, away from my wife, because things are not working out. We were married a long time ago overseas and I have been on a Non Immigrant O for a while now. Our marriage is registered in Thailand via our marriage abroad. I have a work permit.

I heard from a few farang friends that they will not switch Non Os to Non Bs and that I will have to leave the country to get a new visa. Is this true?

Am I correct in assuming that my work permit will be canceled if I have to leave the country even though it will not expire for many months?

Am I required to report to immigration that I have left my wife? How many days do I have to do that? If I do not, can she cancel my visa? If she does, will immigration inform me somehow or will I just find out when I go home on vacation? And how might this affect any future visas I might get? Basically, I am worried that she might really try to hurt me via my visa, i.e., get my visa canceled and then report me for working illegally because (unknown to me) my visa and work permit were invalidated.

What rights does she have due to our marriage? In other words, will I have to keep paying for her house, etc.? It will be a while before I am able to get a divorce back in my own country. I have already found out I cannot divorce in Thailand because we were married abroad.

Please, any help you can give me at this difficult time in my life would be greatly appreciated. Anyone else have similar experiences?

[lopburi3]

Are you on a one year extension of stay? If yes is it for marriage or work?

90 day visa entry is not changed by being apart/divorce. But extension of stay for marriage would be.

[BWPattaya]

I think your best course of action would be simply to go to immigration and ask them what to do. You haven't mentioned what visa you have, based on marriage to a Thai, retirement, etc.

If you have a work permit then you must be working so it may be easiest to convert it to a Non B. In fact they often insist on changing the Non O to a Non B when you apply for a work permit.

No matter what advice you get here you will need to discuss with immigration.

[Mario2008]

Since both are living in Thailand, I see no reason why you can not get a divorce in Thailand.

The consequences of your divorce in terms of supporting your wife depends on the conditions you were married under and the law of the country you were married in.

As said, your permission to stay in Thailand depends on if you are on an extension of stay because of marriage or work, or on a multiple non-O or B visa.

In short, if you have to leave the country every 90 days nothing changes. Your visa is and remains valid. If you go to immigration every year to get an extension of stay for 1 year than it matters if you are here based on having a Thai wife or based on working. If you go with your wife every year to immigration and have to come back in 30 days, you are on an extension of stay based on marriage. In that case you have to leave Thailand the same day your marriage ends. But you can get a 7 day extension and if you can provide the right papers for an extension based on work you can ask to stay based on work. You will than be allowed to stay till your work permit expires and can renew again when you get your wp extended.

[ajarnw]

To clarify:

I am on an extension of stay based on marriage, but I have a work permit. I do not need to leave every 90 days.

Do I have to notify immigration that I am separating from my wife? Will that automatically cancel my Non Immigrant O? Has anyone ever changed a Non O into a Non B if they can show a work permit?

If I have to leave to get a new visa, can I still use my work permit or does it become invalid once I leave the country?

Thank you in advance for any answers you can provide.

[lopburi3]

Until divorce or new extension time you should be safe unless someone makes a point of informing Immigration you are not living with your wife. You would not change a visa inside Thailand - only the reason for an extension of stay - and that would normally only be done at normal renewal time.

Your work permit would remain valid for an exit to obtain a new visa and could be used to prove employment (company documents would also be required)

[ajarnw]

Until divorce or new extension time you should be safe unless someone makes a point of informing Immigration you are not living with your wife. You would not change a visa inside Thailand - only the reason for an extension of stay - and that would normally only be done at normal renewal time.

Your work permit would remain valid for an exit to obtain a new visa and could be used to prove employment (company documents would also be required)

What will happen if immigration finds out I have separated from my wife?

So if I have to leave to get a Non B, my work permit will not be canceled? It is due to expire months from now. I thought that if I had to leave in the next week or so to get a new visa that it would automatically invalidate my work permit.

Thanks.