Work Permit On A Multiple-Entry Non-Immigrant "O" Visa

[meand]

I have been having some problems with getting a work permit on my non-imm o visa. I see posted here many times that you are supposed to be able to get a work permit on this visa, yet it hasn't been the case for me. It seems the company wanted me to exit the country at some point, get a tourist visa, and they would "take it from there". One reason proposed for their position was that they want some added leverage if I were to quit the job, which makes sense. Any other explanations?

I obtained this visa in the US based in marriage to a Thai. First, i'm wondering if anybody else has had this problem, and second, is there some text or script I can show to somebody saying that I should be able to get a work permit on this visa?

Thanks.

[Mario2008]

Just have them contact the labour department. They have the final say, as they issue the work permit.

[digitalchromakey]

Different Regional Labour Departments have different readings on this issue.

The normal Visa entry for a Work Permit to be issued is one made with a Non Immigrant Type B Visa; you can actually apply with any/no visa at all, but you need a valid non B 90 day entry stamp to collect the WP.

Quite a few with Work Permits do have One Year Extensions of Permission to Stay based on a Thai Spouse, but note that they may well have originally already had non B Visa entries with a WP prior to their extension.

Ultimately as Mario has already posted, you need to go show your Local Labour Department your passport/visa (take a Thai speaker with you) - Labour will tell you straight away if your visa/stamp will fly for a WP with their branch.

[Maestro]

One reason proposed for their position was that they want some added leverage if I were to quit the job, which makes sense.

I guess it is your employer who wants this added leverage, ie that your permission to stay for employment would end the same day as your employment ends. They wouldn't really get this leverage, as you could immediately get a 60-day extension for visiting your Thai wife or, if you have 400k in a Thai bank account for at least two months you can immediately apply for a one-year extension for living with your wife in Thailand.

[TerryLH]

"...you can actually apply with any/no visa at all, but you need a valid non B 90 day entry stamp to collect the WP."

Not true. A non O based on marriage is okay, and doesn't have to have been a B at any point in time. That's from personal experience.

.I'd agree that the employer probably wants more control over the situation, or they just don't know any better.

Terry

[meand]

"...you can actually apply with any/no visa at all, but you need a valid non B 90 day entry stamp to collect the WP."

Not true. A non O based on marriage is okay, and doesn't have to have been a B at any point in time. That's from personal experience.

.I'd agree that the employer probably wants more control over the situation, or they just don't know any better.

Terry

I wouldn't ask if I hadn't already tried, but is there some official website that states what you have mentioned, namely.... "Not true. A non O based on marriage is okay, and doesn't have to have been a B at any point in time. That's from personal experience."

Or is that not the case, it just "depends", as others have noted.

Thanks for all replies.

[IMA_FARANG]

Meand:

Do NOT get a tourist visa as that company is trying to tell you.

Either they are not aware of the law or, worse, they are trying to scam you.

The type of VISA you have has no direct influence on getting a work permit, except that with some visas it states that "Employment in Thailand is prohibited" with that type of visa.

If you did get a tourist visa as that company suggests, you would probably see that stamped somewhere on that tourist visa was that phrase..."Employment in Thailand is prohibited"

VISAs are issued by Thai consulates and controlled by IMMIGRATION....but Work Permits are issued and controlled by the Thai Labor department.

They are two different government agencies.

Any work permit you will get depends on the Thai company giving you a letter that offers you legal employment in Thailand.

The depart of Labor will issue you a work permit based on that offer of employment from that legal and registered Thai company.

If you do work on a Tourist visa you are working illegally. If push comes to shove that company will not be held liable for your working without a work permit, but YOU will.

You would be a fool to give up that non O visa for a tourist visa.

Read that post above from Maestro....he's absolutly right.

If for any reason with a Work Permit only you are at the mercy of your employer....because if you lose your job, you have 24 hours to exit the country.

The best thing you can do is start the paperwork now to get that marriage extension based on your Thai wife.

Once you have that extension, even if you do lose your job, that extension can keep you in Thailand.

Staying in Thailand only with a work permit...the naximum you will be allowed to stay is 7 days after your last day of work...and you have to apply for that extension...it's not automatic.

My personal opinion is that either that company is not aware or misunderstands the Thai Labor law...and maybe it's worse than that.

I, personally, wouldn't trust them if they told me something like that.

[bapak]

The OP stated in his first post..."I obtained this visa in the US based in marriage to a Thai. First, I'm wondering if anybody else has had this problem, and second, is there some text or script I can show to somebody saying that I should be able to get a work permit on this visa?"

Following entry into Thailand, have you obtained an Extension based on marriage.. If you haven't, suggest that you should. Work Permits are only issued on two types of stays... B and Extension based on marriage.

[meand]

The OP stated in his first post..."I obtained this visa in the US based in marriage to a Thai. First, I'm wondering if anybody else has had this problem, and second, is there some text or script I can show to somebody saying that I should be able to get a work permit on this visa?"

Following entry into Thailand, have you obtained an Extension based on marriage.. If you haven't, suggest that you should. Work Permits are only issued on two types of stays... B and Extension based on marriage.

No, I haven't got an extension based on marriage. What you say makes sense as that would answer why it has all been happening this way. Now i'm left wondering why this lady didn't ask me to get this extension. Anyway, useful advice all around, thank you.

[Lite Beer]

For 12 month extension.

(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.