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Non Immigrant O Visa - Penang

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Hi, I am new to the forum. I am a US citizen. I and my family are living in Northern Thailand but are in Malaysia right now on a visa run. I came by invitation from a foundation and am applying for the same visa again.

I am seeking another Non Immigrant visa O. In Kuala Lumpur they unexpectedly required a work permit even though I am trying to get a volunteer visa.

Here is the list of things they said I was missing. It doesn't make sense:

Copy of work permit

Letter of Good Conduct issued by Ministry of Foreign Affairs of Malaysia or letter of clearance from criminal record endorsed by the Embassy in Malaysia.



1. I don't receive an income in Thailand. Why do I need a work permit?

2. I do not live in Malaysia. How is the Malaysian gov supposed to give me a letter of good conduct etc.?

3 DOES PENANG require a work permit for a Non immigrant O volunteer visa?

I already obtained the visa I have now (that expires at the beginning of May) from the US without a work permit and am applying for the same visa. It seems this rule about work permit etc is particular to KL. I need to know if it is the same in Penang or if I need to go somewhere else. Thank you!

1. You must have a work permit for all types of work, including doing volunteer work, whether you get paid or not.

2. You are applying at the Thai embassy in Malaysia, so it is the government of that country they want the letter from.

I doubt the Malaysian government would issue it unless you are resident there.

3. As far as I know ALL consular offices in the South East Asia Region require confirmation of application for a work permit or the work permit itself.

I hope you haven't been working without one as that is illegal; (same as working in the U.S. without a green card).

You may have to go back to the U.S. as that may be the only place that would issue such a visa to a US citizen.

From the Thai Embassy Website for Canada (similar for other countries) -

Q: An NGO in Thailand has invited me to go there and work for them as a volunteer for 45 days during my school break. I will not earn any money in Thailand. I am a Belgian college student in Brussels. I understand that I do not need a visa, do I?

A: Although you will work as a volunteer, you do need a Non-Immigrant visa as well as the Work Permit. The NGO must be legally registered with the Thai authority, and that you need a recommendation letter from the NGO for your visa application and the Work Permit.

All work in Thailand require a work permit, paid or voluntary does not matter.

Working without one carries a maximum penalty of five years in prison, but normally just 100.000 baht fine and deportation.

Kuala Lumpur is a particularly bad place to apply for any type of visa. However, all consulates in the region will tend to be strict with requirements for issuing volunteer Non O visas. The difference is that KL will find ways to refuse you even when you have the correct documents.

  • Author

I got our visas legally in Chicago with no mention of the need for a work permit. Perhaps I shouldn't even use the word "Volunteer" because that isn't on my present visa. It is simply a single entry Non immigrant O visa.

The hard thing is that the websites for Penang, KL and Singapore do not even list "volunteer" as an option for a Non O visa. That is why we were so surprised to see their requirements when we actually got here. We have only been in Thailand for three months now and are simply wanting to reapply for the visa that we already have. Any further thoughts?

I think there must be some misunderstanding on your part here about what I am saying. And that could be entirely my fault. But I know my visa is legal.

  • Author

And I don't think it works to quote from a Canadian website. Asia is different wherever you go. Rules are not the same everywhere, as far as what is required. I need to know directly from the embassy I am applying at. We know people who have done visa runs to Penang many times with success. I don't think it should be this complicated.

  • Popular Post

I got our visas legally in Chicago with no mention of the need for a work permit. Perhaps I shouldn't even use the word "Volunteer" because that isn't on my present visa. It is simply a single entry Non immigrant O visa.

The hard thing is that the websites for Penang, KL and Singapore do not even list "volunteer" as an option for a Non O visa. That is why we were so surprised to see their requirements when we actually got here. We have only been in Thailand for three months now and are simply wanting to reapply for the visa that we already have. Any further thoughts?

I think there must be some misunderstanding on your part here about what I am saying. And that could be entirely my fault. But I know my visa is legal.

You have been given correct information that any type of work it Thailand (paid or unpaid) requires appropriate documentation (usually including a work permit). Unpaid help for a registered charity in Thailand is possible if they will help you get the correct papers. I know it sounds crazy, but it is a fact that tending a garden of an old lady next door for free is considered a serious offense under Thai law.

There are various grounds under which you can apply for a Non Imm O visa. Consulates vary in those they will issue, and under what conditions. You will not get one in the region for volunteer work unless you have all the right paperwork. Years ago, you could easily get "social visas", basically Non Imm O visas to visit friends and family in Thailand. These could even be one year multiple entry visas. Times change, but your home country may still be more liberal than regional consulates. Apart from tourist visas, consulates near Thailand have conditions for all types of visas that must be satisfied.

Although the consulate in Penang does not show a single entry non-o visa for volunteer work they may do it if you have supporting documents from the organization you are working with.

Having a work permit is not normally a requirement at an embassy or consulate to get a volunteer visa but KL is a difficult place to get any visa.

Vientiane Laos would do one. They show this as their requirements.

"Singed letter on the organization’s letterhead stating duration of stay, duties, etc. along with a copy of the organization’s registration. Single-entry Non-Immigrant “O” visa will be issued for the purpose of volunteering only (No multiple-entry visas)"

Don't rule out going back to USA and obtaining a new one. Try to get a multiple entry one if possible. Plane ticket and trip would be a bitch though.

Removed an off-topic post.

The single biggest problem in communication is the illusion that it has taken place

 

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