Work Permit through BOI

[F K Thornbury]

Hello,

I'm on a non-o marriage that is valid through 9th September 2016.

My company is, I believe, getting bad information from BOI. Seems like BOI is saying I need to have a stamp in my passport alluding to my being here to support my wife (although I believe this is implicit in having received a non-o marriage).

I guess my questions are thus:

~can I get a WP on a non-o marriage through the BOI?

~if so, am I missing something in my passport, or do I just need my valid visa and all the "employer/employee" stuff as support

Thanks,

FKT

[ubonjoe]

You just need to submit a copy of your marriage certificate to prove your non-o visa was based upon marriage when it was issued. That is the normal procedure when applying for a work permit when applying with a non-o visa.

The BOI does no issue work permits the Labor Ministry still does them but under special rules. You can certainly get a work permit with a non-o visa.

[F K Thornbury]

You just need to submit a copy of your marriage certificate to prove your non-o visa was based upon marriage when it was issued. That is the normal procedure when applying for a work permit when applying with a non-o visa.

The BOI does no issue work permits the Labor Ministry still does them but under special rules. You can certainly get a work permit with a non-o visa.

Thanks Joe! What are the "special rules" you're referring to? Do you mean there are special rules for the Labor Ministry when processing WPs for companies going through the BOI?

Thanks!

[ubonjoe]

You just need to submit a copy of your marriage certificate to prove your non-o visa was based upon marriage when it was issued. That is the normal procedure when applying for a work permit when applying with a non-o visa.

The BOI does no issue work permits the Labor Ministry still does them but under special rules. You can certainly get a work permit with a non-o visa.

Thanks Joe! What are the "special rules" you're referring to? Do you mean there are special rules for the Labor Ministry when processing WPs for companies going through the BOI?

Thanks!

Some of the requirements to get a work permit are not the same for companies with BOI privileges.

[DeepSea]

You just need to submit a copy of your marriage certificate to prove your non-o visa was based upon marriage when it was issued. That is the normal procedure when applying for a work permit when applying with a non-o visa.

The BOI does no issue work permits the Labor Ministry still does them but under special rules. You can certainly get a work permit with a non-o visa.

Thanks Joe! What are the "special rules" you're referring to? Do you mean there are special rules for the Labor Ministry when processing WPs for companies going through the BOI?

Thanks!

If this is the first time you are applying for your work permit, the process can be quite arduous if you are applying based on BOI privileges. The only advantage for you as an individual, is that under BOI you will receive a 2 year work permit, as opposed to the conventional 1 year.

As long as you have an appropriate visa, there is nothing stopping you from applying for a work permit using the traditional process, regardless of whether your company was formed under BOI or not. You will of course have to go through the normal process of putting together a ream of paper thick enough to choke a dozen donkeys, photos of you with employees, photos of you next to the company sign, etc., etc... If you are working for a good size company with other expats, they should have this down already... If it's a small company, and/or you are the only expat, I would recommend you use a good advocate to take care of this process on your behalf. If you need a head's up on a good company to help you out with the process, PM me...

[TravelerEastWest]

"The only advantage for you as an individual, is that under BOI you will receive a 2 year work permit, as opposed to the conventional 1 year."

2 year work permits require double the government annual fee but are available - although some offices may be difficult and only want to do one year and ask for extra requirements such as the company needing to have a VAT license even when they are small enough in revenues to not need one.

If you pay for help with the paperwork a two year visa will cost the same for the service as a one year so normally a two year work permit is a good idea.

[ChesneyHawkes]

Another advantage of doing this at the OSSC is immigration and labour dept are opposite each other in the same room so you can everything done in next to no time. In my case it was 90mins from arriving to submit the paperwork and leaving with my extension, re-entry and wp all valid for two years.

I'd say avoiding the hassle of visiting multiple offices on multiple occasions is a good benefit too, especially the poor Thai sod who's normally running around for you.

[FritsSikkink]

You just need to submit a copy of your marriage certificate to prove your non-o visa was based upon marriage when it was issued. That is the normal procedure when applying for a work permit when applying with a non-o visa.

The BOI does no issue work permits the Labor Ministry still does them but under special rules. You can certainly get a work permit with a non-o visa.

Not at the one stop shop for BOI, they have the specific rule for a non B.

[FritsSikkink]

You just need to submit a copy of your marriage certificate to prove your non-o visa was based upon marriage when it was issued. That is the normal procedure when applying for a work permit when applying with a non-o visa.

The BOI does no issue work permits the Labor Ministry still does them but under special rules. You can certainly get a work permit with a non-o visa.

Thanks Joe! What are the "special rules" you're referring to? Do you mean there are special rules for the Labor Ministry when processing WPs for companies going through the BOI?

Thanks!

If this is the first time you are applying for your work permit, the process can be quite arduous if you are applying based on BOI privileges. The only advantage for you as an individual, is that under BOI you will receive a 2 year work permit, as opposed to the conventional 1 year.

As long as you have an appropriate visa, there is nothing stopping you from applying for a work permit using the traditional process, regardless of whether your company was formed under BOI or not. You will of course have to go through the normal process of putting together a ream of paper thick enough to choke a dozen donkeys, photos of you with employees, photos of you next to the company sign, etc., etc... If you are working for a good size company with other expats, they should have this down already... If it's a small company, and/or you are the only expat, I would recommend you use a good advocate to take care of this process on your behalf. If you need a head's up on a good company to help you out with the process, PM me...

there are more advantages, you get a paper so you can go through fast track at the airport.

[F K Thornbury]

Thanks for the info everyone, but what's this business about proving my non-o is based on marriage (which my HR dept is saying BOI needs to see)?

HR keeps referring to the "Thai Wife" stamp, which I'm pretty sure are in my old passport from 60-day extensions during WP processing or the actual extension of stay.

I mean, a non-o is a non-o insofar as its supporting a WP in concerned, right?

Thanks,

FKT

[singa-traz]

You just need to submit a copy of your marriage certificate to prove your non-o visa was based upon marriage when it was issued. That is the normal procedure when applying for a work permit when applying with a non-o visa.

The BOI does no issue work permits the Labor Ministry still does them but under special rules. You can certainly get a work permit with a non-o visa.

Not at the one stop shop for BOI, they have the specific rule for a non B.

I have, more than once, got a work permit at the BOI one stop services, with a non-o VISA / extended based on mariage.

It's usually the agencies who perform this on behalf of the company/employee, who don't know the process.

[ubonjoe]

Thanks for the info everyone, but what's this business about proving my non-o is based on marriage (which my HR dept is saying BOI needs to see)?

HR keeps referring to the "Thai Wife" stamp, which I'm pretty sure are in my old passport from 60-day extensions during WP processing or the actual extension of stay.

I mean, a non-o is a non-o insofar as its supporting a WP in concerned, right?

Thanks,

FKT

The regulations just state a non immigrant visa is required for the work permit to issued. A non-o visa is certainly one.

[elviajero]

Thanks for the info everyone, but what's this business about proving my non-o is based on marriage (which my HR dept is saying BOI needs to see)?

HR keeps referring to the "Thai Wife" stamp, which I'm pretty sure are in my old passport from 60-day extensions during WP processing or the actual extension of stay.

I mean, a non-o is a non-o insofar as its supporting a WP in concerned, right?

Thanks,

FKT

A non 'O' is not a non 'O' if it's an extension of stay based on your marriage.

You need to have entered the country with a non immigrant visa that would need to be a category 'B', or 'O' as you are married. Non 'O' visas do not usually have the reason the visa was issued stamped on them. So if you entered recently using a non 'O' visa, and have a 90 day permit to stay granted when entering the country, you will need to supply a copy of your marriage certificate.

If you entered with a non immigrant visa, and subsequently extended your initial 90 day stay based on marriage, you will have a permit stamped in your passport confirming your extension of stay. Immigration will have hand written or stamped (in Thai or English) the reason (married) the extension was granted on or next to the permit of stay. Even with that annotation a copy of your marriage certificate may also be requested.

[F K Thornbury]

Thanks for the info everyone, but what's this business about proving my non-o is based on marriage (which my HR dept is saying BOI needs to see)?

HR keeps referring to the "Thai Wife" stamp, which I'm pretty sure are in my old passport from 60-day extensions during WP processing or the actual extension of stay.

I mean, a non-o is a non-o insofar as its supporting a WP in concerned, right?

Thanks,

FKT

A non 'O' is not a non 'O' if it's an extension of stay based on your marriage.

You need to have entered the country with a non immigrant visa that would need to be a category 'B', or 'O' as you are married. Non 'O' visas do not usually have the reason the visa was issued stamped on them. So if you entered recently using a non 'O' visa, and have a 90 day permit to stay granted when entering the country, you will need to supply a copy of your marriage certificate.

If you entered with a non immigrant visa, and subsequently extended your initial 90 day stay based on marriage, you will have a permit stamped in your passport confirming your extension of stay. Immigration will have hand written or stamped (in Thai or English) the reason (married) the extension was granted on or next to the permit of stay. Even with that annotation a copy of your marriage certificate may also be requested.

Thanks. I visited BOI today to get some clarification.

Since my current non-o (marriage) has never been extended, and therefore there is no "Thai Wife" stamp in my passport, BOI has no proof that my visa is actually based on marriage (and BOI only issues WPs on non-o visas if they are marriage-based).

So, I need to go to CW to get an extension stamp stating "Thai Wife". So, here are my questions:

~in order to get the extension stamp, must I meet any financial requirements? (I don't have 400K in a Thai bank)

~is it possible to switch my non-o to a non-b without leaving the country?

Thanks,

FKT

Edited July 25, 2016 by F K Thornbury

[ubonjoe]

Thanks for the info everyone, but what's this business about proving my non-o is based on marriage (which my HR dept is saying BOI needs to see)?

HR keeps referring to the "Thai Wife" stamp, which I'm pretty sure are in my old passport from 60-day extensions during WP processing or the actual extension of stay.

I mean, a non-o is a non-o insofar as its supporting a WP in concerned, right?

Thanks,

FKT

A non 'O' is not a non 'O' if it's an extension of stay based on your marriage.

You need to have entered the country with a non immigrant visa that would need to be a category 'B', or 'O' as you are married. Non 'O' visas do not usually have the reason the visa was issued stamped on them. So if you entered recently using a non 'O' visa, and have a 90 day permit to stay granted when entering the country, you will need to supply a copy of your marriage certificate.

If you entered with a non immigrant visa, and subsequently extended your initial 90 day stay based on marriage, you will have a permit stamped in your passport confirming your extension of stay. Immigration will have hand written or stamped (in Thai or English) the reason (married) the extension was granted on or next to the permit of stay. Even with that annotation a copy of your marriage certificate may also be requested.

Thanks. I visited BOI today to get some clarification.

Since my current non-o (marriage) has never been extended, and therefore there is no "Thai Wife" stamp in my passport, BOI has no proof that my visa is actually based on marriage (and BOI only issues WPs on non-o visas if they are marriage-based).

So, I need to go to CW to get an extension stamp stating "Thai Wife". So, here are my questions:

~in order to get the extension stamp, must I meet any financial requirements? (I don't have 400K in a Thai bank)

~is it possible to switch my non-o to a non-b without leaving the country?

Thanks,

FKT

Did you show them your marriage certificate? That should really be all you need.

It seems the one year extension stay is not possible since you do not have the 400k baht in the bank or proof of 40k baht income. You could apply for a 60 day extension to visit your wife and make sure they mark it as being based upon marriage.

Non immigrant visa classes cannot be changed at immigration. Only a tourist visa or visa exempt entry can be changed to a non immigrant visa.

[F K Thornbury]

Thanks for the info everyone, but what's this business about proving my non-o is based on marriage (which my HR dept is saying BOI needs to see)?

HR keeps referring to the "Thai Wife" stamp, which I'm pretty sure are in my old passport from 60-day extensions during WP processing or the actual extension of stay.

I mean, a non-o is a non-o insofar as its supporting a WP in concerned, right?

Thanks,

FKT

A non 'O' is not a non 'O' if it's an extension of stay based on your marriage.

You need to have entered the country with a non immigrant visa that would need to be a category 'B', or 'O' as you are married. Non 'O' visas do not usually have the reason the visa was issued stamped on them. So if you entered recently using a non 'O' visa, and have a 90 day permit to stay granted when entering the country, you will need to supply a copy of your marriage certificate.

If you entered with a non immigrant visa, and subsequently extended your initial 90 day stay based on marriage, you will have a permit stamped in your passport confirming your extension of stay. Immigration will have hand written or stamped (in Thai or English) the reason (married) the extension was granted on or next to the permit of stay. Even with that annotation a copy of your marriage certificate may also be requested.

Thanks. I visited BOI today to get some clarification.

Since my current non-o (marriage) has never been extended, and therefore there is no "Thai Wife" stamp in my passport, BOI has no proof that my visa is actually based on marriage (and BOI only issues WPs on non-o visas if they are marriage-based).

So, I need to go to CW to get an extension stamp stating "Thai Wife". So, here are my questions:

~in order to get the extension stamp, must I meet any financial requirements? (I don't have 400K in a Thai bank)

~is it possible to switch my non-o to a non-b without leaving the country?

Thanks,

FKT

Did you show them your marriage certificate? That should really be all you need.

It seems the one year extension stay is not possible since you do not have the 400k baht in the bank or proof of 40k baht income. You could apply for a 60 day extension to visit your wife and make sure they mark it as being based upon marriage.

Non immigrant visa classes cannot be changed at immigration. Only a tourist visa or visa exempt entry can be changed to a non immigrant visa.

Yeah, BOI has my marriage cert, as well as all my wife's ID stuff, land paper, etc.

The logic, I guess, is that showing the marriage cert doesn't actually prove that my visa was awarded based on marriage... so BOI needs me to go to CW to get that "proof" in the form of a fresh extension stamp stating "Thai Wife".

You think they will do a 60-day extension without financials?

Thanks Joe.

[ubonjoe]

No financial proof is required to apply for the 60 day extension. Your wife will need to be with you when you apply.

[F K Thornbury]

No financial proof is required to apply for the 60 day extension. Your wife will need to be with you when you apply.

Thank you.

[F K Thornbury]

No financial proof is required to apply for the 60 day extension. Your wife will need to be with you when you apply.

So... no financial proof, wife needs to be in attendance, anything else you can think of besides the obvious?

And, as I may have mentioned, my current visa expires Sept. 9th, my current stamp is through Sept. 1st... So what are acceptable answers if asked why I'm asking for 60-days extension?

I mean, if I had the dough I'd ask for a 1-year extension, and if BOI didn't have this "Thai Wife" extension stamp formality I'd just go to Savannakhet for a new non-O... so why would someone get the 60-days if they already live here with their wife?

Thanks,

FKT

[F K Thornbury]

Hi Joe,

TM7 for this, chai mai?

Do I need pics of me and my wife?

Thanks, FKT

[ubonjoe]

10 hours ago, F K Thornbury said:

Hi Joe,

TM7 for this, chai mai?

Do I need pics of me and my wife?

Thanks, FKT

A TM7 form is used for all extensions. 

Only picture needed is your for the TM7 form.

[F K Thornbury]

On 8/2/2016 at 7:27 AM, ubonjoe said:

A TM7 form is used for all extensions. 

Only picture needed is your for the TM7 form.

Hi everyone, FYI I was rejected at CW today for the 60-day non-O extension because I didn't have pics of my wife and I at the condo and didn't have a copy of my landlord's Thai ID (because both of these prove something important and neither can be fudged in any way!!)

 

LOL Thighlandzzzzz!

 

PSA/mild rant over.

[ubonjoe]

41 minutes ago, F K Thornbury said:

Hi everyone, FYI I was rejected at CW today for the 60-day non-O extension because I didn't have pics of my wife and I at the condo and didn't have a copy of my landlord's Thai ID (because both of these prove something important and neither can be fudged in any way!!)

 

LOL Thighlandzzzzz!

 

PSA/mild rant over.

I have never heard of anybody needing the photos for a 60 day extension. The proof of residence is needed to prove you live in Bangkok.

It also does not appear on the list of required documents.

 

"In the case of visiting a spouse or children who are of Thai nationality:

Criteria for Consideration

(1) There must be proof of relationship. (2) In the case of spouse, the relationship must be de jure and de facto.

Documents to be submitted

1. Application form 2. Copy of applicant’s passport 3. Copy of household registration certificate 4. Copy of national ID card of the person having Thai nationality 5. Copy of a marriage certificate or copy of a birth certificate"

[F K Thornbury]

7 minutes ago, ubonjoe said:

I have never heard of anybody needing the photos for a 60 day extension. The proof of residence is needed to prove you live in Bangkok.

It also does not appear on the list of required documents.

 

"In the case of visiting a spouse or children who are of Thai nationality:

Criteria for Consideration

(1) There must be proof of relationship. (2) In the case of spouse, the relationship must be de jure and de facto.

Documents to be submitted

1. Application form 2. Copy of applicant’s passport 3. Copy of household registration certificate 4. Copy of national ID card of the person having Thai nationality 5. Copy of a marriage certificate or copy of a birth certificate"

Ohhhh, I know, Joe.  I know.

 

So, FYI.... as usual, just bring everything you can think of and hope you get the laid-back officer.

 

(There's a hot youngin' in the non-O area now, too.)

[F K Thornbury]

Joe, what about if I change gears and just get a non-B...

 

Do I need to cancel my non-O first?

And when would you recommend I go for the new non-B given that my current visa expires Sept. 9th, my current stamp is through Sept. 1st.? 

 

Thank you,

FKT

[ubonjoe]

20 minutes ago, F K Thornbury said:

Joe, what about if I change gears and just get a non-B...

 

Do I need to cancel my non-O first?

And when would you recommend I go for the new non-B given that my current visa expires Sept. 9th, my current stamp is through Sept. 1st.? 

 

Thank you,

FKT

I assume you mean applying for an extension based upon working. You should not have a problem with your current non-o visa entry but you would need the work permit first.

If you wanted a non-b visa from an embassy or consulate you could apply for one before your current visa expires.

[F K Thornbury]

On 8/5/2016 at 6:20 PM, ubonjoe said:

I assume you mean applying for an extension based upon working. You should not have a problem with your current non-o visa entry but you would need the work permit first.

If you wanted a non-b visa from an embassy or consulate you could apply for one before your current visa expires.

Just want to update in case anyone has the displeasure of trying to get a WP through the BOI whilst trying to maintain a non-O visa:

 

~BOI said they need indication that my non-O is of the marriage variety

~Since it is a "fresh" non-O (i.e. had never been extended) it had no indication that it was of the marriage variety (no "Thai Wife" stamp associated to it)

~I went to CW and got a 60-day extension (on my 2nd trip there; first trip they said I didn't have docs that ultimately the lady at the 2nd trip said I didn't need)

~This 60-day extension stamp said ("join spouse" or "support spouse" in Pasa Thai, not "Thai Wife" in Pasa English), so, of course, I was denied by BOI's immigration people

~The reason this is absurd, as far as I can tell, is because the requirements for a 60-day extension stamp ("Supporting Spouse") or 1-year extension stamp ("Thai Wife") are identical.... except for the financial requirement which I have satisfied in the past by showing I had a WP in process, which, duh!!!

 

So, I guess the answer is you need to have Pasa English "Thai Wife" stamp or 400K or 40K salary (which obviously you wouldn't if you were applying for a WP) in order to get a WP through BOI on a non-O marriage.

 

Anyone know how I can get that "Thai Wife" stamp without having to go pay 1900 again and provide all the paperwork again and get my company to go up there with me to show I have a WP in progress (this may be the most absurd aspect of the whole thing) etc. etc., keeping in mind that last week I got a 60-day extension?

 

Thanks,

FKT

[ubonjoe]

Perhaps go back to immigration and see if they will do a stamp or notation that says Thai wife.

[F K Thornbury]

39 minutes ago, ubonjoe said:

Perhaps go back to immigration and see if they will do a stamp or notation that says Thai wife.

I had a feeling this would be an issue because, ya know, so before I left CW I asked for English version. And I was promptly reminded of the critical thinking capabilities of peeps in a place like a Thai government orifice.

[Briggsy]

Great thread. Fantastic flow to the narrative with plenty of twists and turns and clarity throughout with no derailment. Do keep it up. I am genuinely interested.