Non-Immigration O (Marriage) With Work Permit

[jjmax]

Hi,

I have a non-immigration O visa based on being married to a Thai.

I'm Irish, 35 years old.

I got the visa in the UK prior to moving back here in April.

I now have a job at a school here and they want me to get a Non Imm B so I can get a Work Permit.

I've read that I can have a Non O and still get a work permit, but initially the school said that wasn't possible.

Now they say I can do it but I need 450K in the bank to renew the Non O. This is confusing me as I didn't need to show any bank statements to get the visa originally.

So now the really confusing bit - My missus went to Immigration in Chaeng Wattanna and they said Non O cannot have a work permit, I must change to Non B.

I'd like to keep my Non O as if I have a Non B then I'll lose it once I leave my job. And I believe it's quite difficult to get a Non O in Asia.

Can anyone set me straight on what I need or do not need, can or cannot do in this situation?

[phil2]

I think you can get the work permit without extending your Non-O, and then get a one year extension after getting the work permit from the immigration.

You need 400,000 in a bank account or 40,000 monthly salary to get your one year Non-O extension.

Good luck.

Edited June 17, 2010 by phil2

[jjmax]

Thanks for this info,

Do you know if it is ok to earn the 40,000/month in Thailand or does it need to be money earned abroad?

All the best,

John

[Lite Beer]

2.18 In the case of a family

member of a Thai(applicable only to parents, spouse, child, adopted child or child

of his/her spouse):

Permission will be

granted for a period of

not more than 1 year at a time.(1) The alien has obtained a temporary visa (NON-IM)

(2) Proof of family relationship

(3) In the case of a spouse, the marital relationship shall be de

jure (legitimate) and de facto;

(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.

These are the requirements for a 12 month extension of stay for being married to a Thai Lady.

If your income is withing Thailand you will need Income Tax receipts as proof.

Yes you can get a Work Permit with this extension.

[jjmax]

Thanks for that, now to convince immigration!

[Lite Beer]

Thanks for that, now to convince immigration!

Immigration do not issue Work Permits so they probably have no idea on the regulations.

[monty]

It seems that the labor department only will issue a work permit when your non immigrant-O visa is extended to 1 year based on marriage.

If this is not the case (just 90 days entry) they prefer you to change to a non immigrant b visa! Which means applying, receiving the WP3 form, traveling abroad, getting the non immigrant B visa and then receiving the actual WP when you come back.

[lopburi3]

1. You seem to have a 90 day visa entry rather than an extension of stay.

2. It appears labor would issue on an extension of stay (where what should be 400k is mentioned) but not on a 90 day visa entry.

3. You misunderstand visa entry as you would not lose a visa or a visa entry with loss of work - only an extension of stay for work would be lost.

Believe best answer is to make them happy and obtain a non immigrant b visa entry using there paperwork. When you are in a position to extend your stay at Immigration do so for Thai wife rather than work.

[InterestedObserver]

Ideally you need a non-immigrant "B" visa to get a work permit from the Labor Department and a 1 year extension of stay for your non-immigrant "O" visa to keep Immigration happy. Sometimes the two requirements are in conflict. In a perfect world, you would be able to get both a work permit and 1 year extension of stay with any non-immigrant visa - but this is Thailand (TIT).

[jjmax]

Thanks for all the replies.

It seems that the path of least resistance is to get the non imm b visa.

I've been told I can keep the o but it looks as though that'll be hassle down the road.

Thanks again,

John

[Sunbelt Asia]

It is in fact possible to obtain a work permit on a Non-Immigrant “O” visa or with a extension of stay based on marriage to a Thai national. It is advisable to remain on the marriage visa whilst you are working as you will not have any visa cancellation issue should your work permit be cancelled. Under a Non-Immigrant B (business) visa extension of stay issued within Thailand then if your work permit is cancelled, the extension of stay will also be cancelled.

Providing you have registered your marriage with the district office, you can apply for a long-term extension of stay permit under the category of “Extension of Stays based on Marriage”. You must be able to show either a monthly income of no less than 40,000 Baht per month, proven and supported by the Employer company’s PND 1 (PND 1 is the company’s monthly withholding tax on the staff salary) as well as the applicant’s PND 91 (PND 91 is the personal annual income tax filing), or 400,000 Baht in your Thai bank account. These funds must be deposited into the said bank account at least 2 months prior to submitting the application for first application and 3 months for the renewal.

If you choose to show your monthly income (at least 40,000 Baht); this would require you to include your work permit in the extension of stay application paperwork.

[sunbelt][/sunbelt]

[jjmax]

Thank you for this informative reply.

I will speak with the HR department on Monday and try to work this out.

Another teacher at my school is in the same position and has an O visa, he has never had any issues so it should be possible for me to sort it out too.

Thank you very much and I will be in touch should I need further assistance.

All the best,

John

[Sunny Valentine]

You must be able to show either a monthly income of no less than 40,000 Baht per month, proven and supported by the Employer company's PND 1 (PND 1 is the company's monthly withholding tax on the staff salary) as well as the applicant's PND 91 (PND 91 is the personal annual income tax filing)

[sunbelt][/sunbelt]

Does the Immigration need a minimum number of Months of Employment in this case?

Start with 90 Day O

Receive WP.

Within the Validity of the O Visa, would it now be possible to receive the extension based on income?

Given the time frames involved, it will most likely be just one, maybe2, documented PND 1, and certainly no PND 91.

PS: I am aware of the possibility of extension based on WP income, but that would require the company to operate (with enough profit) for more than a Year, which wont be the case in the situation I am addressing here.

Or, asked differently: Is there a way for a start up company to allow the WP holder to work on a Multiple O Visa for the first Year or 2, with Visa Runs. The job requires frequent international travel, so this would be of no disadvantage.

Edited June 20, 2010 by Sunny Valentine

[pacman32]

is it still true that the 40,000 monthly income can be made up of both mine and my partner/wife's wages?

[lopburi3]

No. Must be husbands alone. Changed about a year and a half ago.