Non-O Follow Family Visa

[Elefteros]

Please help with advice

I`m foreigner working in Thai company, have workpermit and monthly salary of 50 000 baht - i have Non-B multiple 1year with 90day obligation to leave country....

I have a wife (foreigner), marriage is registered in local Amphor office, now she holds tourist visa and we want to change it to Non-O...

what is process? what documents she needs? does she need to go abroad or she can change visa in Immigration?

[Mario2008]

She can try to get a single non-o visa from abroad. But she cannot get extensions of stay until you yourself apply for a 1 year extension of stay based on your work. Your details seem to suggest that you qualify or that.

Best might be to go to Australia or the Uk and try to get a multiple non-O for your wife there

OR

you apply for a 1 year extension fo stay from immigration first, so she can get stay in Thailand as your dependent.

[Lite Beer]

I do not see how she can get a Non Imm O Visa.

If you had a 12 month extension of stay she could get the same as your dependent.

As Mario said maybe Australia or UK may issue.

[Elefteros]

so if I have 1 year multiple Non-B with permission to stay 90 days - my wife can get Non-O with same conditions or she cant get any visa at all?

Lite Beer, you mean that I need to have 4 Thai employees for my workpermit to get 12 month extension and only after that my wife can get a Non-O ?

[lopburi3]

You do not need employees if you are working for a Thai company as you posted. Do they have tax records available so that you can obtain a one year extension of stay? If they can provide the paperwork (your salary seems adequate) you should get a one year extension of stay and then family can join you by getting non immigrant O visa entry and converting to matching extension of stays.

[Lite Beer]

From Police order 777/2551

For You

2.1 In the case of business such as employment with a company or partnership, etc.: Permission will be granted for a period of not more than 1 year at a time.

(1) The alien must have a temporary visa

(2) The alien must have an income consistent with that set out in the Income Table attached hereto; (exhibit a)

(3) The business concerned must have a registered capital of not less than Baht 2 million, fully paid-up;

(4) The business concerned must have duly submitted its financial statement as at the end of the two fiscal years and certified by an auditor or tax auditor, showing a sound financial condition and an on-going active business as attached order (exhibit

(5) The business needs to employ the aliens

(6) The business concerned must have a ratio of 1 alien to 4 Thai permanent employees.

(7) The following businesses are exempted from the requirements of clauses (3), (4) and (5), and the ratio of aliens to Thai employees under clause (6) shall be reduced to 1:1.

(a) International trade enterprise (Representative Office)

( Regional Office

© Multinational company (Branch Office)

For your family.

2.20 In the case of a family

member of an alien who has been permitted temporary

stay under clauses 2.1, 2.2, 2.3, 2.5, 2.6,2.7, 2.10, 2.12, 2.13,2.4, 2.15, 2.16, 2.17,

2.21, 2.22,2.26,6.29 of this Order (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; or

(4) In the case of a child, adopted child or child of his/her spouse, the said person must not be married, must be living with the family, and must be less than 20 years of age; or

(5) In the case of a parent, the said person shall be 50 years of age or over.

[PoorSucker]

Friend of mine has 11 years of 1-year multiple non-B visas from Malaysia (Penang, KL, Kotha Bahru)

His wife has 11 years of non-O as dependent matching his non-B.

Marriage registered only in Europe.

[PattayaParent]

I think the OP is missing something out of this story

Why would he think he needs to employ 4 Thais to get a work permit? Probably the company is a nominee company formed by him?

He states he already has a work permit anyway in the OP.

Why would 2 foreigners need to register their marriage in the local amphur? Did they marry in Thailand at the amphur?

[Elefteros]

yes, we married here in Thailand for the first time

yes i do have work permit and working company - but i`m not the only one farang in company, so now i have only 1 year visa with 90 days of stay and to apply for 1 year of stay, as i understand, i need 4 thai employees and as i understand the are two opinions -

1. my wife can get Non-o on same conditions like me (90days)

2. my wife cant get Non-o unless I will get 1 year extension for my visa first

but as i understand Police order 777/2551 mentioned by Lite Beer - my wife CAN get Non-O followinf these rules

1) The alien has obtained a temporary visa (NON-IM);

(2) Proof of family relationship; - we have marriage registered in Thailand

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

jure (legitimate) and de facto; or - we have house lease agreement with both of us names in it

[lopburi3]

Police Order 777/2551 has nothing to do with visa issue. These are for extension of stay only and rules require you to be here

under clauses 2.1, 2.2, 2.3, 2.5, 2.6,2.7, 2.10, 2.12, 2.13,2.4, 2.15, 2.16, 2.17,

2.21, 2.22,2.26,6.29 of this Order

which your not if making 90 day multi entry visa runs. Only after you have obtained one year extension of stay could your wife obtain an extension to match if not Thai.

[Mario2008]

regarding 1 and 2 are not exactly different opinions, it is more the case that it highly depends on where she will aplly for the (multiple) non-O if she will get it.

[Elefteros]

thanks everybody - i think i need to contact the lawyer....

[Mario2008]

You don't need a lawyer. Just plan your move and decide first if you want to go for the 1 year extension of stay or not.

[Elefteros]

yes, im planning 1 year extension of stay for my visa in 1 or 2 month, when company will have more Thai employees

but the problem is that my wife tourist visa ends in 1 week, so I want her try get the NON-O

anyway - Mario2008 and everybody - thanks again for help and information