Do I Really Have To Change From Non Imm O With Marriage Extension To Type B

[aitch52]

Hello everyone, I have been working at a Language School for almost a year. I have just been accepted to teach at a government school, I have been told that I have to change My Non Imm O with marriage extension to a Type B business visa. Is this correct? As it is a good opportunity for me I am willing to do a trip to Laos to do it. I am just wondering if this really the case that you cannot work at a government school with a type O, or is it local officials making up the rules as they go along?

[Scott]

I am not going to make a stab at answering your question because we have some very knowledgeable people on the visa issue who hopefully will come along and give you an answer.

I will suggest you take a look at the forum on visa, residency and work permit:

http://www.thaivisa.com/forum/Thai-visas-r...permits-f1.html

I also believe we had someone ask this question in the not too distant past, so I'll look through some of the older threads and see if I can find the answer given to them.

Best of luck.

[Mario2008]

Not true. You can get a WP on a non-O as easily as you can get on a non-B. If you don't meet the requirements for an extension of stay based on marriage, (income of 40,000 or 400,000 in the bank) you still don't have to go abroad. You can simply ask immigration for an extension of your permission to stay based on employment.

They are probably wanting you to change as with an extension based on employment you will have to leave the country the day your employment ends. It makes you more dependent of them.

But you can always get a 60 day extension based on your marriage if your employment ends. So it is up to you.

I would explain to them that you inquired and were told they were wrong. If they persist it tells you something about the school.

[aitch52]

Thanks very much for the swift replies Scott and Mario much appreciated.

[Scott]

Your welcome. The thanks goes to Mario, who is most helpful with those visa questions! Thanks, Mario.

[aitch52]

My thoughts exactly Mario, they then think they have you by the short and curlies. One other thing is that I already have a work permit but they are telling me I have to return it and then go through the process of getting a new one. I know it is possible to transfer the work permit but they are saying no. The school I know by it's good reputation and I know several of the teachers that are working there already who all seem very happy. It is just this bureaucracy that is baffling me. I understandably don't want to rock the boat too much.

[GarryP]

I think you will find it is the school that doesn't know you can get a WP based on your current visa and believes WPs are only issued on B category visas. Thus, their demand that you get one.

[up-country_sinclair]

^ I agree.

My guess is that the school is unaware that you can use your Non-O. Ask someone in the administrative office to call immigration to get up to speed.

[Mario2008]

You can add an extra employer to a work permit, with the approval of the first employer. Normaly when you get a new job, you will get a new work permit. They seem to be right on that part, and it doesn't make any difference for you.

My thoughts exactly Mario, they then think they have you by the short and curlies. One other thing is that I already have a work permit but they are telling me I have to return it and then go through the process of getting a new one. I know it is possible to transfer the work permit but they are saying no. The school I know by it's good reputation and I know several of the teachers that are working there already who all seem very happy. It is just this bureaucracy that is baffling me. I understandably don't want to rock the boat too much.

[TerryLH]

"I know it is possible to transfer the work permit but they are saying no."

It's the same amount of paperwork to get a new one or to put a second employer on a current wp.

Since they should be doing the work, it shouldn't matter to you which way they want to go.

One government school I worked at wanted me to change my visa, just like what the OP is being asked to do.

I told them I'd take care of my own visa, and I'd give them whatever copies they needed for the wp.

They weren't happy, but soon found out it wasn't a problem for them.

[elkangorito]

The employer doesn't decide what visa you need...immigration does. The same goes for the work permit...the Dept. of Labour decide.

I am single & have been employed via a 'Non O' visa at a government institution for the last 3 years.

[davidhagan]

I am working as a teacher in a goverment school on a non imm. O visa at present. To get the extension I had to have a letter from the District Education office,a letter from the school,a letter from the Teachers Council(which was applied for by the school) and copies of degree etc.

[aitch52]

Thanks for your time and replies, I am organising an informal chat with Head of English this week, will let you know the outcome

Mucho Gracias!!

Edited March 23, 2010 by aitch52

[Lite Beer]

I can only agree with Mario.

What you have now regarding Visas is the best option.

Lose your job and you do not lose your permision to stay in the country.

[djlest]

Dude.. its Thailand...

Dont stress too much - your already in and your Visa works, it gets a whole lot more complex when you try to do things completely Legit...

Infact ive seen people get booted out just for trying...

Your job is never permanent here, so go with the flow...

[elkangorito]

Dude.. its Thailand...

Dont stress too much - your already in and your Visa works, it gets a whole lot more complex when you try to do things completely Legit...

Infact ive seen people get booted out just for trying...

Your job is never permanent here, so go with the flow...

You said something similar to this in another thread. Are you a broken record?

Besides, you are wrong! Things become a lot more complex when you DON'T do things the correct way.

When it comes to visas/work permits, it's either completely legitimate or not legitimate at all.

[otherstuff1957]

I have a WP with a type o (marriage) visa. It's definitely possible.

[phetpeter]

I have a WP with a type o (marriage) visa. It's definitely possible.

I had been working on my 'o' visa wife for 4 years, No problem s until....had to travel to Nan not BK, wrong info cock up, but still walked away with stamp. Call it 'B' visa if you want but all it was was same stamp valid for 8 months, End of school contract. promised no probs next year, but......change to Phitsanulok.

There I spoke out of turn...up to now in 2 months have completed 4 trips, been given extension to visit Thai wife 60days again same stamp just handwritten information next to stamp, so still 'o' visa. Hopefully one more trip this time with village head, new maps and directions, fifth bank letter (taking no chances) double all paper work. told them I have given up work. Not their concern to know I have a new contract coming up in a few weeks, I have the money in the bank,( Still have not seen the offical order stating it must be in personnal not joint accout,) plus it stops a lot more paperwork.

Thank god! Phetchabun to Phitsanulok is a OK trip (they have a a bigger selection of supermarkets and resturants)

I hope someone as an address to sent serious complaints to, I can have..'cause once I have the stamp for the years I'm gonna send all the info to complain. I wish I had one of them pen vdo cams now, or even a tape machine. I wish others would tape/VDO the conversation.

Please can I go back to good old BKK?

Edited March 26, 2010 by peterandcat

[Mario2008]

No, you can not go back to Bangkok, unless you move to there.

Immigration is right, the rules state clearly that the money has to be in a bank account in Thailand in YOUR name.

If you want to complain, you can sent it to the head office in Bangkok, but first check they were indeed wrong.

[Ijustwannateach]

Previous posters were right on the money- you CAN work and get a work permit on a non-imm. O- the schools may not be familiar with this and it may be harder for you to convince them to arrange it- but you CAN do it.

[phetpeter]

No, you can not go back to Bangkok, unless you move to there.

Immigration is right, the rules state clearly that the money has to be in a bank account in Thailand in YOUR name.

If you want to complain, you can sent it to the head office in Bangkok, but first check they were indeed wrong.

I wonder where this rule is written, because under the 2006 and 2008 reg. 2.18 clause 6 In the case of marriage with a Thai lady... the husband... 400,000 deposit in a local Thai bank for the past 2 months. )and is that 60 days or 56 days because I got knock back for it only being there for 56 days.?) I would be interested to find a copy of the order stating it has to be in the husbands account only...or...is it become the norm thro word of mouth between the officers?

[Lite Beer]

http://www.thaivisa.com/forum/post-a70477-...ember-2008.html 2.18

(6) In case of marriage with a Thai lady, the husband who is an alien must have an average annual income of not less than 40,000 baht per month or a money deposit in a local Thai bank of not less than 400,000 baht for the past 2 months for expenses within a year.

It is pretty clear. The Husband.

[phetpeter]

http://www.thaivisa.com/forum/post-a70477-...ember-2008.html 2.18

(6) In case of marriage with a Thai lady, the husband who is an alien must have an average annual income of not less than 40,000 baht per month or a money deposit in a local Thai bank of not less than 400,000 baht for the past 2 months for expenses within a year.

It is pretty clear. The Husband.

I don't think that is 'clear' money deposit in local Thai bank....So where does it state that the account cannot be joint? all it states is that he must have 400,000 in a bank, It doesn't state that the account will have to be in husband's name only.

That isn't clear and I wonder how that happened? When you consider that my wife and me have had a joint account in Thailand for eight years. and I have never left the country in that time and have been working here for six years too!

Edited March 28, 2010 by peterandcat

[Scott]

I am not a lawyer, but it's my understanding that in a 'joint' account, 1/2 of the money belongs to each of the two people involved.

I am aware of a case where one of two people had a legal judgment against them and the bank account was frozen. The bank said that the court could award 1/2 the money to the plaintiff. I wasn't directly involved in the case, but that's what I was told.

I am not an expert on visa issues, but I am wondering if the situation concerning the clarification of the money issue might not be better discussed in the visa forum.

I have no objection to it's discussion here, but it probably affects more than just teachers.

[Mario2008]

Moved to visa forum.

[Mario2008]

I don't think that is 'clear' money deposit in local Thai bank....So where does it state that the account cannot be joint? all it states is that he must have 400,000 in a bank, It doesn't state that the account will have to be in husband's name only.

That isn't clear and I wonder how that happened? When you consider that my wife and me have had a joint account in Thailand for eight years. and I have never left the country in that time and have been working here for six years too!

The rule states that it has to be the husbands money. In a joined account it is not the husbands money, it belongs to both persons who hold the account.

The rule changed 25 Nov. 2008, before you could use a joined account or joined income. The current rules put an end to that.

[CWMcMurray]

Thanks for your time and replies, I am organising an informal chat with Head of English this week, will let you know the outcome

Mucho Gracias!!

The other thing to remember is that extension for "Thai Wife" will require 400k in the Bank or 40k per month in Salary while the extension for working as a teacher is exempt from the min income requirement.

I am not sure what the salary is for teaching in a government school, but if it is less than 40k per month, you may need a non-B or an extension for "working as a teacher".

Edited March 29, 2010 by CWMcMurray

[Sisaketmike]

I think you will find it is the school that doesn't know you can get a WP based on your current visa and believes WPs are only issued on B category visas. Thus, their demand that you get one.

You're allowed to wok on a Non-O, they changed that about four years ago. Before that it was impossible. But I guess there's another problem. A visa and work permit is always running together, so should your Non-O expire in five months, you can't apply for a one year work permit.

Many schools with more foreigners like to do a visa run with all their employers, also the procedure regarding a work permit. Good luck.

[Sisaketmike]

Thanks for your time and replies, I am organising an informal chat with Head of English this week, will let you know the outcome

Mucho Gracias!!

The other thing to remember is that extension for "Thai Wife" will require 400k in the Bank or 40k per month in Salary while the extension for working as a teacher is exempt from the min income requirement.

I am not sure what the salary is for teaching in a government school, but if it is less than 40k per month, you may need a non-B or an extension for "working as a teacher".

Sorry, but the given information isn't true.

When you start to work on a Non-O, it's the same procedure than on a Non-B. When the visa expires, you'll have to change it into a Non-B, if you can't show 400,000 baht in a bank account on your name alone. Lots of people are making around 20,000 baht, it's not necessary to have an income here of 40,000+.

Edited April 21, 2010 by Sisaketmike

[lopburi3]

If extension of stay is for Thai Wife the requirement is 400k or 40k. If the extension is for school teaching the extension of stay (not visa) would have to be changed to employment.