Non-imm. To Thai Wife Visa To Work Permit...?

[thai thai]

I am wondering if anybody can clarify an issue for me.

Previsously I held a Class B Non Imm. and a Work Permit in Thailand until the end of 2003. Then I quit working and applied for a 'Thai Wife Visa' (now on my 2nd year) issued at Suan Plu in Bangkok.

I now am going back to work in Thailand, and my soon-to-be employer states that I must have a Class-B Non Imm. in order for me to once again obtain a work permit.

Must I go out of the country and reapply for the Class-B Non Imm., or (as it looks in my passport) my 'Thai Wife Visa' looks to be built on the foundation of my original Class-B from 2002-2003.

The 'Thai Wife' states that it is an "Extention of stay permitted up to 14 JAN 2006"...as was my pervious one..."Extention of stay permitted up to 14 JAN 2005

It appears to me that these are all extentions of my original Class-B Non Imm. visa. Am I correct in this asssumption...?

Thanks ijn advance for any help or advice.

Cheers

[lopburi3]

You are allowed to obtain a work permit regardless. You do not require a B visa for that and the normal non immigrant O visa for support Thai wife is perfectly acceptable. For your own protection (you do not lose right to stay in Thailand if you lose job) it is in your interest not to change. I would talk with employer and offer to go with them to make application using your current visa - if they refuse it is up to you if you want to work for them and change or tell them you will look for another employer.

[thai thai]

Thanks 'lop' for the quick reply.

I do not believe I have an "O" type visa...that is something you apply for 'outside' of the country. This was is done 'inside' Thailand. There is NO mention anywhere in my passport of an "O". It just says ..."Extention of stay permitted up to 14 JAN 2006..." with "Thai Wife" stamped in Thai above.

To me it reads to be an extention of my Non-Imm. Class-B...key word being "Extention"...

Am I missing something or is the "O" hidden somewhere...?

[OldAsiaHand]

You are allowed to obtain a work permit regardless.  You do not require a B visa for that and the normal non immigrant O visa for support Thai wife is perfectly acceptable.  For your own protection (you do not lose right to stay in Thailand if you lose job) it is in your interest not to change.  I would talk with employer and offer to go with them to make application using your current visa - if they refuse it is up to you if you want to work for them and change or tell them you will look for another employer.

<{POST_SNAPBACK}>

Yes, that's correct. I'm sure it will be easy enough to confirm for your employer that your non-immigrant O visa based on a Thai wife (ever wonder why it doesn't say 'Thai spouse'?) is a proper basis for a work permit application. Thousands if not tens of thousands of people use exactly that arrangement.

[OldAsiaHand]

thai thai,

You posting went up while I was writing mine, so one more comment...

I understand what you're saying, but doubt there is any difference regardless. The procedure here when granting a one year visa on the basis of marriage to a Thai citizen is to style it as the extention of the last visa granted outside of Thailand (so long as it is not a tourist visa), not the granting of a new visa within Thailand. No, I know that doesn't make all that much sense, but it doesn't have to. It's just the way they do it.

Since your original visa that has been extended was a non-immigrant B, that's the visa you're here on right now and you're eligible for a work permit. It's just that simple. Frankly I've never personally heard of the extention based on marriage being done for a non-immigrant B, but obviously, based on your case if nothing else, it can be. Since you were extended twice at Suan Plu it's hard to imagine you could be on safer ground.

[lopburi3]

Immigration has full authority to change a visa inside Thailand and do so on a regular basis. There is no such thing as a "Thai wife visa" so what you probably obtained was an O visa and then an extension of stay for that O visa two years ago. There is normally a 2,000 baht charge for this service followed by 1,900 baht for extension of stay. The extension of stay stamps never give any visa information.

[thai thai]

I thought I would live dangerously, and so just got off the phone with Khun Kathawan at Suan Plu ( 02-287-3101 ext. 2259-61) , and (just for the record)...

he said my visa was NOT an "O", but an extention of my original Non Imm. Class-B.

And therefore I could just immediately apply for my work permit.

However, just like when consulting Thai attorney's...for every one you ask the 'exact same question'...please be assured you will receive a different answer each time.

I now have to convince the HR person at my new company that this is an acceptable proceedure.

[lopburi3]

I thought I would live dangerously, and so just got off the phone with Khun Kathawan at Suan Plu ( 02-287-3101 ext. 2259-61) , and (just for the record)...

he said my visa was NOT an "O", but an extention of my original Non Imm. Class-B.

And therefore I could just immediately apply for my work permit.

However, just like when consulting Thai attorney's...for every one you ask the 'exact same question'...please be assured you will receive a different answer each time.

I now have to convince the HR person at my new company that this is an acceptable proceedure.

<{POST_SNAPBACK}>

I suspect it is true as the normal change to O visa is from a tourist type visa and thus to a non immigrant type. As you already had a non immigrant all you required was the extension of stay based on supporting Thai wife.