thai thai Posted March 3, 2011 Share Posted March 3, 2011 (edited) I for the past 6 years have been residing (not working) in Thailand under a 'Thai Wife' marraige visa. I have been offered and have accepted a position with a company here, and just received a BOI workpermit. My 'Thai Wife' visa is set to expire in 10 days, and I was prepared to go and renew the 'Thai Wife visa. My company says 'no need', they will take care of my visa renewal. My concern is this...it my understanding that should I no longer wish to have a working relationship with this company, that with a 'Thai Wife' visa, I will not have to leave the country in 7 days to regain my old status. However, with the 'non-immigrant-'B' visa they are applying to get me...I will be under a different status. Meaning that should I (or they) choose to terminate the relationship, that I now will have to leave the country and apply for a maariage visa again OUTSIDE of the country...which I do not want to have to do, should things go this direction. Talking with my companies HR department is conly giving me confusing responses. It's like thery are guessing, but nobody really is an authority. My passport is now in their hands and they are taking care of my visa renewal, but I know it won't be a 'Thai Wife' renewal...and that is what I would like. There response is..."no need...we take care"...! Anybody been in this situation and have any advice...? Edited March 3, 2011 by thai thai Link to comment Share on other sites More sharing options...
Lite Beer Posted March 3, 2011 Share Posted March 3, 2011 A Visa or Extension of stay based on having a Thai Wife would not be tied to your employment so would not end if your job finished so would be the better option. With a Non Imm B Visa if you lost your job the Visa would still be valid. With an Extension from Immigration based on employment it would end on the day your job finished and you would have to leave the country or apply for a seven day extension. Link to comment Share on other sites More sharing options...
thai thai Posted March 4, 2011 Author Share Posted March 4, 2011 Thanks LB! I guess I am asking...will they be extending my current 'Thai Wife' visa, or will they be granting me a 'new' non-immigrant 'B' visa...? Seems like perhaps they will be just extending my existing visa...but this is all too complex for the HR department... Link to comment Share on other sites More sharing options...
Lite Beer Posted March 4, 2011 Share Posted March 4, 2011 Do you now have a Visa or an extension of stay? Link to comment Share on other sites More sharing options...
thai thai Posted March 4, 2011 Author Share Posted March 4, 2011 Extension of Stay...extended 6 years in a row Link to comment Share on other sites More sharing options...
Lite Beer Posted March 4, 2011 Share Posted March 4, 2011 I would have thought that your best option would be to carry on with Marriage Extensions. This would need you apply in person with your Wife. They cannot apply for a Non Imm B Visa on your behalf as you would have to leave the country and apply at a Thai Consulate. I would have thought that applying for a 12 month extension based on employment at Immigration would still need you to be there in person. The application form clearly states Application must be made in person. So no idea what they are planning. It is never a good idea to hand over your passport to anyone. Link to comment Share on other sites More sharing options...
Digitalbanana Posted March 4, 2011 Share Posted March 4, 2011 >My passport is now in their hands and they are taking care of my visa renewal Cannot understand why you need a visa? You already have an extended permit to stay with WIFE so why not continue to use it, provided you have proof of finances. Company should just take care of your WP and pay PIT. Link to comment Share on other sites More sharing options...
thai thai Posted March 4, 2011 Author Share Posted March 4, 2011 This is all taking place in Phuket...while I am now back in Bangkok. So I guess my employer will be getting me an extension on my current visa (valid to 31/12/11), and when they mail me back my passport next Tuesday...I should still proceed with my wife & daughter to Chiang Wattana and extend my 'Thai Wife' visa myself...????? This all sounds uh...so confusing...! Link to comment Share on other sites More sharing options...
lopburi3 Posted March 6, 2011 Share Posted March 6, 2011 You can not have more than one extension of stay - if employer is changing the reason from Thai Wife to employment you would continue on employment until end of work - at which time you would have to go back to Thai wife or another reason for extension of stay. All they should be doing is getting a work permit issued - there should not be any need to change extension of stay. So check passport carefully - you may indeed have to obtain a new Thai wife at normal time. You are making it very hard to understand as you clearly state in one post you are on one year extension of stay but then say So I guess my employer will be getting me an extension on my current visa (valid to 31/12/11) After saying you are on an extension of stay rather than a visa entry. Basic term is visa = Consulate issued stamp/sticker that allows entry and valid for a period from issue date. Extension of stay is an entry permitted to stay that has been extended by immigration inside Thailand. It is hard to understand for many but makes it doubly hard to be sure you get the right answer when readers are not sure. Link to comment Share on other sites More sharing options...
thai thai Posted March 7, 2011 Author Share Posted March 7, 2011 (edited) Thanks Lop! Details clarification: I have been here in LOS for the past 6+ years on a 'Thai Wife' Visa. I will assume that every year after the first year and application, was an 'extension of stay'. My current 'extension of stay' expires 14/03/11. In the mean time, new employer has told me they will take care of my status by renewing my visa (valid until 31/12/11)(main office is in Phuket...I will be working in Bangkok). I asked them if this would be an extension of my "Thai Wife" visa. They said 'No'. I do not want to lose my 'Thai Wife' visa status. Do I need to take my wife and daughter down to immigation (Bkk) to renew my 'Thai Wife' extension of Stay...? Edited March 7, 2011 by thai thai Link to comment Share on other sites More sharing options...
lopburi3 Posted March 7, 2011 Share Posted March 7, 2011 Tell them you will make the extension yourself for Thai Wife (so you need your passport now). You will then have to do normal extension of stay with wife. You do have the 400k in account three months to qualify? If not able to meet financials then a change to employment would be in your interest. The change back to marriage in case of job loss would just be the normal procedure you have done the last six years if you can immediate meet the requirements. If not you would have to exit and obtain new vise from border country to start over. Link to comment Share on other sites More sharing options...
Tod Daniels Posted March 7, 2011 Share Posted March 7, 2011 (edited) This is the second time (In TWO weeks) I've heard of foreigner's who are on extensions of stay based on marriage to Thai nationals being told they have the wrong visa class to get a work permit. I believe that is totally wrong, and the H/R department is not familiar enough with the rules to know that a person with a non-Immigrant Type-O extension of stay based on marriage to a Thai can get a work permit.. I'd just get the documentation from them and go apply for the work permit at the Ministry of Labor AFTER you've made a new yearly extension of stay based on being married to a Thai like you have been doing.. At least that way, IF the employment doesn't pan out and you're fired or quit, your visa doesn't end on your last day of employment. You don't hafta start all over from square one with a marriage visa extension. Youre out nothing but the work permit, as your visa would be based on marriage; not tied to you working, but to you having a Thai wife. Other more learned posters than I will weigh in if Im way off base; which I admittedly could be (but I don't think so). I believe you CAN get a work permit (with the proper documentation) while using the "married to a Thai" visa extension route. Learned posters, is that correct or incorrect information? Does anyone have a work permit AND a visa extension based on being married to a Thai national?Let us know what stamp is actually in your passport when you get it back. Then again, Id just tell them I can make my own visa and have them send it back without doing anything, so you can go get your normal yearly extension of stay. While off topic; Phuket seems to have one of the most 'broadly' interpretive versions of the visa rules. I've seen visa extensions for attending private Thai language schools get issued a full year extension of stay, instead of the 'normal' 90 days like they are here in Bangkok. So who knows what type of visa or how long of an extension the O/Pll get is anyones guess, (although the O/P did say the company would get an extension of stay good until the end of this calendar year). (It goes without saying but the O/P must meet the qualifications of a yearly extension of stay based on being married to a Thai national)! Good luck. .. Edited March 7, 2011 by tod-daniels Link to comment Share on other sites More sharing options...
thai thai Posted March 8, 2011 Author Share Posted March 8, 2011 (edited) Thanks Lop and Tod, I have been prepared to extend my 'Thai wife' visa and 400,000 has been in my account for more than 90 days now (as I have done every year at this time for the past 6 years). This job offer came out of the blue, and looked interesting, so I bit. Human Resources Dept in Phuket were vague in response to my questions regarding my 'new' visa/extension...only that they would take care of it (no need for me to be there). My passport should be arriving today or tomorrow to me via EMS. I won't go into my feelings on Thai competency and consistancy (do they exist), but I get the feeling that my HR does not really understand or care regarding the part about having to immediately leave the country once I terminate my employment agreement, and start all over again....which I do not want to have to do. But now my question is... can I go to Bkk immigration next week and obtain my 'Thai wife' visa...alongside what 'Phuket' has issued me...or is only "one visa at a time, Sir"...? Edited March 8, 2011 by thai thai Link to comment Share on other sites More sharing options...
Mario2008 Posted March 8, 2011 Share Posted March 8, 2011 It is only one kind of extension of stay at a time. It is not the end of the world to be on an extension of stay based on employment. End of job will mean you can directly apply for an extension of stay based on marriage and if you don't meet the requirements right away you can get a 60 day extension based on being a family member of a Thai national and extend for 1 year after the 60 days, giving you time to find a new job or season the money in the bank long enough. Link to comment Share on other sites More sharing options...
thai thai Posted March 8, 2011 Author Share Posted March 8, 2011 Hi Mario, Thanks. Sounds like you are saying that I would NOT have to leave the country, but just re-apply for my 'Thai wife' visa (or extension). Link to comment Share on other sites More sharing options...
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