Going From Non O To Non B

[a man with a plan]

I currently have a Non imm O visa and will need to get a Non imm B visa for the application of my work permit. The lawyer that I have doing it seems to think that if I were on a tourist visa and apply it would all be straight forward, but because I'm on a Non O it's really difficult.

Is this true?

Doesn't make much sense, either which way it's a case of cancelling the visa I currently have and applying for a B visa.

Can anyone help me in terms of what I have to do?

Anu help is much appreciated.

[sarab1]

Good luck with that. I had to do the same thing. Your lawyer is right, it is much easier from a tourist visa. You can not change to a Non B within Thailand from a non O. You have to leave the country and come back in on a tourist visa and then change to a non B. I did this in Malaysia, I flew there and back. The problem is when you get back to Thailand you have to make sure they cancel your O visa, or otherwise they will just stamp it for another 90 days. When I did this the immigration officer at the airport just could not understand why I wanted to cancel my O visa into a tourist visa and it took me a couple of hours with them checking. I think they thought I ws up to something.

What you can do,, as long as you have all your paperwork for the non B you can apply for your non B in another country and fly back on it. This will mean you have to stay 3 days (I think) outside Thailand. I just couldn't do this because I had a child in Thailand to get back to.

But either way, the most important thing is that you make sure the immigration cancel your O visa before you enter back into Thailand.

Hope this helps.

[bazmlb]

What type of Non O do you have, you can get a WP on some Non O's

[a man with a plan]

What type of Non O do you have, you can get a WP on some Non O's

My Non O is on the basis that I am married to a Thai. So could I, theoretically make a trip out of the country and then as I come back in say 'please cancel my Non O visa and put me on a tourist visa'?

I know that they would gove me a funny look but I'm sure I could explain it to them - maybe eve get the lawyer to prepare paperwork explaining it and then just hand that to them.

[Mario2008]

On a non-O based on marriage it is possible to get a work permit. Many have one based on a non-O, including me. No need to go abroad. Just apply at the labour office.

Ask to check again with labour office, as the rules have changed. (That way he can safe face). With an extension of stay based on retirement it is a problem, not based on marriage.

[PoorSucker]

I also hold a WP and hold an extension of stay based on marriage.

[beano2274]

I changed from a Non Immigrant B to a Non Immigrant O Extension in Thailand. And am currently working with that Extension. So it can be done.

[bazmlb]

Stay on the Non O marriage, if you leave the job your visa isnt affected that way too

[Fishenough]

So man with a plan, what happened?

I'm in a similar situation with a Non-0 visa that my employer tells me I need to change to a Non-b, which was applied for in Bangkok. And today the labor office in CM made it NOT clear by saying I 'should' be able to get a work permit with my non-o visa.

Desperate for a clear answer but the excuse for a motorcycle trip to Laos won't hurt?

[digitalchromakey]

So man with a plan, what happened?

I'm in a similar situation with a Non-0 visa that my employer tells me I need to change to a Non-b, which was applied for in Bangkok. And today the labor office in CM made it NOT clear by saying I 'should' be able to get a work permit with my non-o visa.

Desperate for a clear answer but the excuse for a motorcycle trip to Laos won't hurt?

Are you on a 90 day border stamp based on a Non Immigrant 'O' Visa and on what basis was it issued?

Or are you on an extension of Permission to Stay obtained from your local Immigration Department here in Thailand, plus on what basis was that extension issued and for what period?

[Fishenough]

The business was put in my wife's name, and I have a non-o visa that requires the 90 day check in. This is the fourth year doing so.

Cheers

[NanLaew]

So here's man with a plan and fishenough who have recently been told that a Non-O (or extension thereof) that has been issued in the context of having a Thai spouse, cannot be used to secure a WP. This was also my experience in June/July 2011 in Bangkok.

At the same time we have Mario2008 and beano2274 saying that they have been issued WP's on Non-O's (or extensions).

Since Thailand is well know for it's local variations on 'policy', can the chaps who have obtained their Non-O WP's tell us where and when this was done? This will help pinpoint what labour offices are indeed working within the 'latest' rule change... whatever that rule may be.

[lopburi3]

Actually a non immigrant O visa extension of Thai wife has always been accepted for work permit issue, up until a few reported cases recently. What has not been accepted is extensions for retirement (although even those are subject to occasional exceptions) which is the same non immigrant O visa entry. If Labor says it should be accepted there should not be any problem at that location. Nobody can give a clear answer because it will be up to the policy of your local labor office (and only them). So if they say it should fly; it should fly.

[IMA_FARANG]

As someone else pointed out, not all Non O visas are equal.

The crucial difference in your case is why you have a Non O visa.

If that visa was issued and/or you have an extension based on marriage to a Thai...then you are allowed to work.

If that visa is based on retirement...then you are not allowed to work...to the Thais retirement means you can't work.

So, therefore, you should be able to convert the visa to a Non B visa with the proper paperwork from your employers.

If you were retired...no can't.

But have your lawyer check with innigration for the current law...you may be able to work on your Non O based on marriage without converting.

But I'm not sure about that last part.

[digitalchromakey]

So here's man with a plan and fishenough who have recently been told that a Non-O (or extension thereof) that has been issued in the context of having a Thai spouse, cannot be used to secure a WP. This was also my experience in June/July 2011 in Bangkok.

At the same time we have Mario2008 and beano2274 saying that they have been issued WP's on Non-O's (or extensions).

Since Thailand is well know for it's local variations on 'policy', can the chaps who have obtained their Non-O WP's tell us where and when this was done? This will help pinpoint what labour offices are indeed working within the 'latest' rule change... whatever that rule may be.

There may well be a difference which may be difficult to spot on this forum because many posters blur Non Immigrant Visas (obtained overseas) and Extensions of Permissions to Stay (which are obtained within Thailand).

An Extension of Permission to stay is not a visa as issued by a consulate overseas; the original visa's permission to stay is merely extended..

Phuket Labour informed me that they regard an extension of an original non B visa done on the basis of marriage to a Thai (777/2.18) as 'preserving' the orginal non B status and are ok to issue a WP against such an extension.

It seems to me that posters who have reported WP issue problems had a non 'O' visa issued outside of Thailand, whether subsequently extended or not.

[Fishenough]

So here's man with a plan and fishenough who have recently been told that a Non-O (or extension thereof) that has been issued in the context of having a Thai spouse, cannot be used to secure a WP. This was also my experience in June/July 2011 in Bangkok.

At the same time we have Mario2008 and beano2274 saying that they have been issued WP's on Non-O's (or extensions).

Since Thailand is well know for it's local variations on 'policy', can the chaps who have obtained their Non-O WP's tell us where and when this was done? This will help pinpoint what labour offices are indeed working within the 'latest' rule change... whatever that rule may be.

I and others with non-o visa's are married but do not have a Thai wife.

I will be talking to a lawyer tomorrow and will share any definitive solutions to be found.

[lopburi3]

I and others with non-o visa's are married but do not have a Thai wife.

In that case on what basis was the non immigrant O visa issued? If you do not have Thai wife or child suspect it may be a non starter just as it is not normally allowed if issued for retirement.

[Fishenough]

I and others with non-o visa's are married but do not have a Thai wife.

In that case on what basis was the non immigrant O visa issued? If you do not have Thai wife or child suspect it may be a non starter just as it is not normally allowed if issued for retirement.

Myself and others are not retired, well under that age, with a wife either employed or the business in her name.

[Mario2008]

Seems you here as a dependent of your wife. It is doubtful they will isue a WP and extension of stay on that. But if your local labour office says they will you might be lucky.

[digitalchromakey]

I and others with non-o visa's are married but do not have a Thai wife.

In that case on what basis was the non immigrant O visa issued? If you do not have Thai wife or child suspect it may be a non starter just as it is not normally allowed if issued for retirement.

Myself and others are not retired, well under that age, with a wife either employed or the business in her name.

Based on what you have posted, then I presume that your wife already has a WP plus has an Extension of Permission to Stay from Thai Immigration on the basis of Employment (777/2551 Clause 2.1) and that you have an Extension of Permission as her dependant (777/2551 Clause 2.20) and that you may also have obtained an original Non 'O' four years ago on the same basis.

.

[Fishenough]

Based on what you have posted, then I presume that your wife already has a WP plus has an Extension of Permission to Stay from Thai Immigration on the basis of Employment (777/2551 Clause 2.1) and that you have an Extension of Permission as her dependant (777/2551 Clause 2.20) and that you may also have obtained an original Non 'O' four years ago on the same basis.

Yes

[digitalchromakey]

Based on what you have posted, then I presume that your wife already has a WP plus has an Extension of Permission to Stay from Thai Immigration on the basis of Employment (777/2551 Clause 2.1) and that you have an Extension of Permission as her dependant (777/2551 Clause 2.20) and that you may also have obtained an original Non 'O' four years ago on the same basis.

Yes

Thanks for that; all is clear; so now go down to Labour, get the application forms plus list (probably in Thai) of requirements then off to your lawyer/company to get the papers sorted for filing - best you take a Thai speaker/reader with you.

No Idea if it will work (with 777/2551 2.20 Extension), but if CM Labour say its ok and accept the papers then smile, pay the fee then wait for your WP to be issued.

Good luck and keep the forum posted.

[arminbkk]

I have a non imm O visa based on marriage (and children in Thailand).

It was no problem to get a wp on that visa. I have one.

The Labour Dept, in Bangkok (the one near Viphavidi Rd i think (are there any others in BKK, btw?)), said that as I have dependents in Thailand, I can work, and get a wp, on a non imm O marriage visa.

I and also dont want to change to non imm B, as the non imm O will continue, even after job/wp are terminated (thats what i've been told here anyway).

And I didn't use a lawyer, just the Thai office manager of the company I work at.

Hope this helps!

[Fishenough]

It does Ariminbkk, thanks for sharing. I have submitted in Chiang Mai and was told 2 things; they already know me and that I do have a dependent it should be accepted.

And when finally I know for certain I will share my findings - just wishing things progressed faster!

[digitalchromakey]

I have a non imm O visa based on marriage (and children in Thailand).

It was no problem to get a wp on that visa. I have one.

The Labour Dept, in Bangkok (the one near Viphavidi Rd i think (are there any others in BKK, btw?)), said that as I have dependents in Thailand, I can work, and get a wp, on a non imm O marriage visa.

I and also dont want to change to non imm B, as the non imm O will continue, even after job/wp are terminated (thats what i've been told here anyway).

And I didn't use a lawyer, just the Thai office manager of the company I work at.

Hope this helps!

Are you on 90 day entries based on a visa issued outside of Thailand or are you on an Extension of Permission to Stay obtained at your local Immigration Dept?

If you did have a Non Immigrant B Visa where you made 90 day entries, then this visa/the entries made would remain valid if your work permit was cancelled.

[lopburi3]

Actually he appears to be talking about extension of stay for marriage and loss of employment would not effect that extension of stay. Nor would a 90 day visa entry be effected. But if he divorced then his extension would end as the marriage was the basis of it.

[arminbkk]

I am on 90 days entries visa issued outside of Thailand (last one last week in Savannakhet).

Actually, I've never applied for extension of permission to stay on a non imm O, or any visa for that matter.

It seems to me, leaving Thailand and applying for a brand new non imm O marriage is easier than extending, albeit a bit more expensive. So far anyway.

I didn't know one would have a choice with a non imm B: still do 90-day border runs OR 90-day reporting inside Thailand.

I thought, once you obtain a non imm B, you can only do the latter.

But this is not so, ?

[arminbkk]

@lopburi3

No sarcasm intended, but: the officer stamping at the border cannot very well see if I am or am not married at that moment, while I wait for the photo opp.

(Just to be clear: I am still married, to a Thai woman).

[beechguy]

I am on 90 days entries visa issued outside of Thailand (last one last week in Savannakhet).

Actually, I've never applied for extension of permission to stay on a non imm O, or any visa for that matter.

It seems to me, leaving Thailand and applying for a brand new non imm O marriage is easier than extending, albeit a bit more expensive. So far anyway.

I didn't know one would have a choice with a non imm B: still do 90-day border runs OR 90-day reporting inside Thailand.

I thought, once you obtain a non imm B, you can only do the latter.

But this is not so, ?

No. one can still do 90 entries on a multi-entry Non-immigrant "B" Visa, not necessary to apply for an "Extension of Stay".

[lopburi3]

It you have a multi entry non immigrant B visa that would continue also - visa entry is only for 90 days unless extended - it is extensions of stay for specific reasons that end when that reason no longer exists.