Changing from Retirement Visa to Work Visa...Can it be done?

[tonerod]

Hi People

I'm looking for some advice here. I use to work here in Thailand (2003- 2008) before I was re-posted to Malayisa, then Indonesia. While working (and living) here in Thailand, my company always took care of my Thai work permit. However after I was re-posted, I wanted to remain living in Thailand and just travel back and forth work. So for the passed 5 years, I would just apply each year for a retirement visa (Non-Imm). Now My company wants me to work back in Thailand again. I know I'm not allow to work in Thailand under a "Retirement Visa", but can anyone tell me if I can cancel my present "Retirement Visa" (just renewed in Mar 2013) so I can get a "Thai Work Visa" again. I would appreciate any help on this matter, as I'm presently working in Indonesia until mid July and need an answer as soon possible. Thanks and Regards!

[mystic1]

I just did this last year, changed from "Non-Imm O" ( Retirement) to Non-Imm B (teaching). I had to cancel my visa by leaving Thailand and then re-apply at an embassy / consulate outside of Thailand. My employer gave me all the paperwork to bring with me for when I re-applied. I received a Non-Imm B good for 3 months and then later converted it to a 1 year after I had been back in Thailand for almost 3 months,

I would say you should get your employer to send you all necessary paper work and go to the Thai embassy / consulate where you are in Indonesia and apply there.

[Mario2008]

Have the company give you the required paperwork and apply for a non-B visa while in Indonesia.

Do you have a multiple entry non-O visa or do you have an extension of stay from immirgaiton with a re-entry permit? The last will make it more difficult, as that would first need to be cancelled. A visa on the otherhand can be cancelled by the embassy/consulate.

[geovalin]

I'm exactly in the same situation but living in Bangkok at this moment. Beginning of work on 1st August.

I know that it's possible to change some visa in some other visa at the Immigration Office. If I have all the documents, is it possible to modify the visa O to visa B without traveling outside Thailand?

If not: we heard so horrible things about the Thai consulates in the nearby country => is it indeed possible to get the Non-Im B in Phnom Penh? or KL? or Singapore? or Hong Kong?

Do we have to go back to our home country?

thanks

[SICHONSTEVE]

I'm exactly in the same situation but living in Bangkok at this moment. Beginning of work on 1st August.

I know that it's possible to change some visa in some other visa at the Immigration Office. If I have all the documents, is it possible to modify the visa O to visa B without traveling outside Thailand?

If not: we heard so horrible things about the Thai consulates in the nearby country => is it indeed possible to get the Non-Im B in Phnom Penh? or KL? or Singapore? or Hong Kong?

Do we have to go back to our home country?

thanks

I am fairly confident that you can convert an existing visa to a non-'B' one at a Thai Embassy and not necessarily at a Thai consulate in another country. You definitely do not have to go back to your home country as you can carry out this process in any country (most) that has a Thai consulate.

[lopburi3]

You obtain a new visa at a Consulate - there is no conversion done at a Consulate. Obtaining a non immigrant B visa for work will require having the normal paperwork and for business work a work permit or receipt for application paperwork. What type of O visa entry are you talking about? 90 days or an extension of stay from immigration? For what reason? A work permit may be issued on a non immigrant O visa in some cases.

[geovalin]

You obtain a new visa at a Consulate - there is no conversion done at a Consulate. Obtaining a non immigrant B visa for work will require having the normal paperwork and for business work a work permit or receipt for application paperwork. What type of O visa entry are you talking about? 90 days or an extension of stay from immigration? For what reason? A work permit may be issued on a non immigrant O visa in some cases.

The conversion I was expecting would have been done at Chaeng Watana Immigration Office.

I'll have all the normal paperwork.

My current visa is O retired, I have one year visa extension since years.

A work permit on my non Im O would be great, at least for a few months. It would give me some time to modify my visa.

[lopburi3]

Believe conversion could only be considered for extension change and do not believe you could qualify for that without a valid work permit (which is not likely to be issued on current extension). Most people I believe make a quick trip to a Consulate for a non immigrant B visa entry. Below is the general business employment paperwork requirement for extension of stay.

1. Application form

2. Copy of applicant’s passport

3. Certificate of alien’s employment in the format prescribed by the Immigration Bureau

4. Copy of work permit (in the case of change of workplace, an acknowledgment of application

may be used)

5. Copy of evidence proving company registration, such as a certificate of company or partnership

registration, certified by the registrar within the previous six months

6. Copy of list of shareholders certified by the registrar within the previous six months

7. Copy of balance sheet and profit and loss statement for the latest year, together with income tax

return for companies or juristic partnerships and payment receipt

8. Copy of latest monthly withholding income tax return specifying the names of employees and of

the alien applicant together with a copy of payment receipt

9. Copy of the individual income tax return for the latest year and payment receipt (if any)

10. Copy of social security contribution return for the latest month, as filed with the Social Security

Office (Form Sor Por Sor.1-10) and payment receipt

11. Document or evidence proving the necessity of the business to hire the alien, for example, in

case a job opening was posted for Thai candidates but there were no applicants

12. Location map showing the applicant’s workplace and photographs of interior and exterior of the

workplace during business hours

13. Documents or other evidence requested by the Committee monitoring official proceedings of

officers of the Immigration Bureau

14. For an international trade business (representative office), regional office, and overseas company

(branch office), documents specified in Criteria 6, 7, and 11 are not required.

[DILLIGAD]

Obviously each imm office has its own interpretations of the rules, but I work in Thailand and have a valid work-permit on a Retirement Visa extension because it doesn't have an 'Employment Prohibited' stamp in my passport. I am on my second WP period under these arrangements.

Might be worth checking locally????

[geovalin]

You obtain a new visa at a Consulate - there is no conversion done at a Consulate. Obtaining a non immigrant B visa for work will require having the normal paperwork and for business work a work permit or receipt for application paperwork. What type of O visa entry are you talking about? 90 days or an extension of stay from immigration? For what reason? A work permit may be issued on a non immigrant O visa in some cases.

You mention "some cases". Is this Non Imm O based in marriage ONLY? I'm on Non Imm O based on retirement and I'm told that a WP cannot be issued on such a visa. Am I right?

[Mario2008]

That is right, with a very, very, very few exceptions on an extension based on retirement you will not get a work permit.

[GMeel]

I am not sure on all the answers above, so let me clarify my situation. I am on a Non-O Retirement Visa and report to immigration every 90 days and the visa of my wife follows my visa. If I go back to work I need a Non-B of course.

1) Do I need to re-apply OUTSIDE Thailand for this or can it be done in Bangkok (changing the Non-O into Non-B?), and if so, where do I go and what procedure to follow?

2) Assuming the above is possible means that the Visa of my wife is auto-cancelled when my Visa changes into the Non-B, so my wife needs to change her current visa too, how does this work?

[ubonjoe]

I am not sure on all the answers above, so let me clarify my situation. I am on a Non-O Retirement Visa and report to immigration every 90 days and the visa of my wife follows my visa. If I go back to work I need a Non-B of course.

1) Do I need to re-apply OUTSIDE Thailand for this or can it be done in Bangkok (changing the Non-O into Non-B?), and if so, where do I go and what procedure to follow?

2) Assuming the above is possible means that the Visa of my wife is auto-cancelled when my Visa changes into the Non-B, so my wife needs to change her current visa too, how does this work?

I assume you are on an extension of stay not a visa.

The first step is getting a work permit. Most labor offices will not accept an application for those on retirement extensions. If this is the case you would have to leave and obtain a tourist visa and then apply for the work permit and then go out for a B visa. After getting the work permit you would apply for an extension based upon working if company and your salary qualify .

If you were lucky and could get the work permit you would not need to do anything more. You would just stay on your extension based upon retirement.

Your wife's extension as your dependent would become invalid as soon as yours did. Meaning she would need a tourist visa if you get one and then after you get your new extension she would need to obtain a non-o visa and then apply for the extension as your dependent.

Edited September 20, 2013 by ubonjoe

[GMeel]

I am not sure on all the answers above, so let me clarify my situation. I am on a Non-O Retirement Visa and report to immigration every 90 days and the visa of my wife follows my visa. If I go back to work I need a Non-B of course.

1) Do I need to re-apply OUTSIDE Thailand for this or can it be done in Bangkok (changing the Non-O into Non-B?), and if so, where do I go and what procedure to follow?

2) Assuming the above is possible means that the Visa of my wife is auto-cancelled when my Visa changes into the Non-B, so my wife needs to change her current visa too, how does this work?

I assume you are on an extension of stay not a visa.

The first step is getting a work permit. Most labor offices will not accept an application for those on retirement extensions. If this is the case you would have to leave and obtain a tourist visa and then apply for the work permit and then go out for a B visa. After getting the work permit you would apply for an extension based upon working if company and your salary qualify .

If you were lucky and could get the work permit you would not need to do anything more. You would just stay on your extension based upon retirement.

Your wife's extension as your dependent would become invalid as soon as yours did. Meaning she would need a tourist visa if you get one and then after you get your new extension she would need to obtain a non-o visa and then apply for the extension as your dependent.

Thank you for the quick answer but I am not 100% clear. To get a WP I need the non-B, that is clear. Your explanation reads as if I have to leave the country twice? Leave, re-enter on a Tourist Visa, leave again and apply for the Non-B outside Thailand? What am I missing?

I am indeed on an extention of stay (1 year with 90 day reporting), can I not just get out and apply for a Non-B abroad? Or are you saying I have to go to immigration to cancel the current extension of stay and then fly out?

Edited September 20, 2013 by GMail

[ubonjoe]

Unless you are going to be a teacher you cannot get a B visa without having paperwork to prove you have applied for a work permit from any nearby embassy or consulate.

If labor department will not accept the application you would need to leave and obtain a tourist visa before applying for the work permit. And again for the B visa.

[GMeel]

Unless you are going to be a teacher you cannot get a B visa without having paperwork to prove you have applied for a work permit from any nearby embassy or consulate.

If labor department will not accept the application you would need to leave and obtain a tourist visa before applying for the work permit. And again for the B visa.

No not a teacher, but I don't understand the sequence here. Normally in the past I always went with an "invitation letter of employment" from a Thai company to a consulate abroad and based on that they issued a 3 or 12 month NON-B (in Europe) ( and for my wife a NON-O). To apply for a workpermit you need a vaild Non-B, correct? So, after this I flew back to Thailand and THEN appied for the workpermit at the ONE STOP VISA service in Bangkok. They then issued the WP (if all paper work was in order of course) and the visa was changed to the 1 year extension of stay. I have always done it like this.

Now however, my situation is different, I am already on an extension of stay (retirement) and I think you are right that they will not issue a WP based on that, unless I am very lucky. So if that doesn't work my idea was to fly to Europe and apply for the Non-B as I have always done in exactly the same way. You are saying (that is how I understand it) I need a tourist visa first or they will not issue the NON-B?

[ubonjoe]

You will see that I said nearby embassies and consulate. They have different rules than the ones in Europe.

You do not have to have a B visa to apply for a work permit. A tourist visa is enough.

You do need a B visa to have it issued.

One stop is only if company has BOI privileges. If it does they might be able get things done differently. They have different rules.

Edited September 20, 2013 by ubonjoe

[GMeel]

You will see that I said nearby embassies and consulate. They have different rules than the ones in Europe. You do not have to have a B visa to apply for a work permit. A tourist visa is enough. You do need a B visa to have it issued. One stop is only if company has BOI privileges. If it does they might be able get things done differently. They have different rules.

Yes, I saw that you mentioned nearby embassies. But I have used Singapore too, got a 3 Month NON-B there. You are saying that they will not issue a NON-B if you can't show you have applied for a work-permit, I think this is incorrect. The criteria to get a NON-B (see link) doesn't include a WP application. The WP application comes afterwards because what is the point to apply for a WP knowing they won't issue one anyway if you don't have a valid NON-B?

http://www.thaiembassy.sg/visa-matters-/-consular/visa-requirements/non-immigrant-visa-b

I understand (and assume) the WP will very likely not be issued based on a (retirement ) extension of stay, so I need to get a NON-B because without one the WP will not be issued. I will apply outside Thailand for this NON-B, is it necessary to get the current extension of stay (retirement) VOIDED before applying? In other words could they refuse to issue the NON-B because the current extension of stay is still valid, even if you didn't buy a SIngle Re-Enrty before leaving the country which will void the extension of stay automatically?

[Sceptict11]

You must do what you believe to be best.

The current extension of stay will become invalid if you leave without a re entry permit so would not be a reason for refusing any visa application.

Do not be surprised if you are refused a "B" visa without evidence of a WP having been applied for.

Edited September 20, 2013 by Sceptict11

[ubonjoe]

I don't consider Singapore as nearby and never recommend it as a place to get a visa because they are not always friendly and unpredictable on their requirements. So I would not go by what is on their website.

Screenshot of Vientiane's requirements. From: http://vientiane.thaiembassy.org/vientiane/en/consular/consular_check/