I'm getting a work permit, but first I need a non immigrant B visa.  So I believe by leaving the country to get the b visa in laos, should just cancel my current visa since I don't have a re entry stamp right? 

My employer said the consulate said its better if I cancel my non O before I leave the country to get my B visa..... Uhhg. Is this to have a clean visa? I have no clue? I'm also being told getting a work permit with my non o(I'm married, currently in process of divorce, to a thai) is much more difficult for the employer (paper work). This is confusing. Help. 

If you entered on a single entry Non O, (or a multiple entry visa that has expired) the visa is used, and I cannot see any way it could be canceled, or the entry you made using it could be canceled. If you have an extension of stay, was your original entry on a Non O based on marriage to a Thai, based on over age 50 (retirement) or what? In some cases, you can work on the existing extension of stay and there should be no need to get a Non B. If, indeed, a Non B is needed, then you are probably correct that just exiting the country by air (by land may be problematic) should be sufficient (assuming you have no re-entry permit or existing, still valid, visa.

I came here in Feb of 2015 with a non immigrant B visa obtained from Thai consulate in Chicago.  Then my reason for extension to stay was marriage.  So now my understanding is that my visa is now non O? However I'm getting divorced soon and at the same time trying to get a work permit.  Everything is in motion for the permit, but there is a tor tor 3 form the ministry of labor has to mail to me outside of Thailand. So I'm going to Laos to obtain a non immigrant B visa to work. 

39 minutes ago, Bangkok or bust said:

I came here in Feb of 2015 with a non immigrant B visa obtained from Thai consulate in Chicago.  Then my reason for extension to stay was marriage.  So now my understanding is that my visa is now non O? However I'm getting divorced soon and at the same time trying to get a work permit.  Everything is in motion for the permit, but there is a tor tor 3 form the ministry of labor has to mail to me outside of Thailand. So I'm going to Laos to obtain a non immigrant B visa to work. 

Getting an extension of stay based upon marriage did not change your entry from a non-b visa. The entry from the non-b is all you have now that has been extended.

Somebody is doing things the wrong way or you are being told the wrong info You can get the work permit with your current extension of stay based upon marriage.

You also do not need to leave the country to do the work permit application. Many people have applied for the work permit here and  then went out for their non-b visa.

But I'm getting divorced, so my reason for extending will be invalid. 

9 minutes ago, Bangkok or bust said:

But I'm getting divorced, so my reason for extending will be invalid. 

That has nothing to do with getting a work permit.

If you got the work permit you could change the reason for your extension from marriage to working after the divorce is finalized.

Original story:

-Moved here. Feb 2015 with b visa

-Extended that to 1 year by marriage on last 30 days of the b visa

-next extension not due till may of 2016

-acquired a re entry stamp to travel to America March of 2016

- came back into Thailand April 2016, and immigration officer did not see my re entry stamp, so she stamps me in as tourist 30 days. We get that straightened out the day we go to get second marriage extension. 

- the day I go to get extension my bank withdrew 250 bhat from my 400,000 bhat and put me below the required amount to get marriage extension.  

- immigration declined my extension. 

-immigration gives me a 60 day extension (visiting Thai wife) to allow the bank to have the 400k for a consistent 60 days(min. Required for 1 year extension) 

Then I went back in June and got my current extension for 1 year.  

- immigration stamp says Thai wife non O visa. 

......... So,  what do I have?  My original non B obtained from Chicago? A non O Thai wife?  Keep in mind I'm getting divorced the day I secure my work permit.  I told my wife I will not sign the paperwork until I get my work permit. 

5 minutes ago, Bangkok or bust said:

immigration stamp says Thai wife non O visa

Are sure you have a stamp that says that. Your original entry was on a non-b visa and that has not changed and is not really important now.

In reality the only thing that matters is that you are on a non immigrant visa entry that you have extended based upon marriage.

The stamp says Thai wife

Also, Thai consulate says I have to be out of the country and receive the tor tor 3 form, before I'm accepted to be allowed to work in Thailand. So my employer is sending me to Laos, then when the tor tor 3 is received at the Thai consulate in laos we can go to get B visa and permit. 

I'm curious if these are new rules to be able to get a work permit.  I know they are making it more difficult for foreigners on all things dealing with being here. 

5 minutes ago, Bangkok or bust said:

Also, Thai consulate says I have to be out of the country and receive the tor tor 3 form, before I'm accepted to be allowed to work in Thailand. So my employer is sending me to Laos, then when the tor tor 3 is received at the Thai consulate in laos we can go to get B visa and permit. 

 

This is information directly from ministry of labor. 

17 minutes ago, Bangkok or bust said:

The stamp says Thai wife

But it does not say non-o. Thai just shows the reason for the extension and should make it easier to apply for the work permit.

3 minutes ago, ubonjoe said:

But it does not say non-o. Thai just shows the reason for the extension and should make it easier to apply for the work permit.

 

Why would ministry of labor say I have to be out of the country to be accepted for the permit? 

20 minutes ago, Bangkok or bust said:

Also, Thai consulate says I have to be out of the country and receive the tor tor 3 form, before I'm accepted to be allowed to work in Thailand. So my employer is sending me to Laos, then when the tor tor 3 is received at the Thai consulate in laos we can go to get B visa and permit. 

It does not have to be a WP3 receipt. It only has to be a receipt for a work permit application. There is no reason for you not to be able to do a WP1 application.

Perhaps looking at the forms will help. http://wp.doe.go.th/wp/index.php/en/form-english

 

18 minutes ago, Bangkok or bust said:

I'm curious if these are new rules to be able to get a work permit.  I know they are making it more difficult for foreigners on all things dealing with being here. 

There have been no changes for doing the applications.

4 minutes ago, Bangkok or bust said:

 

Why would ministry of labor say I have to be out of the country to be accepted for the permit? 

Probably because somebody is using the WP3 form for the application. Since you are in the country it should be a WP1.

My employer says there are many more requirements if I'm in the country. 

 

How can I find out what my visa is? 

6 minutes ago, Bangkok or bust said:

My employer says there are many more requirements if I'm in the country. 

 

How can I find out what my visa is? 

There should be very little difference between the applications.

You have no valid visa now. You have an entry from a long expired non-b visa that you have extended based upon marriage.

How can I determine my current visa?  Should it still be a non immigrant B?  Maybe I can just leave the country, and not have to get a B visa which I may already have. 

Either way my employer is telling me that they have to fill out the form that requires me to be out of the country, but I don't want to have to redo my B Visa if I already have a b Visa

You do not have a valid visa, that is long expired.  

you are in Thailand on an extension of stay listen to Ubon

29 minutes ago, ubonjoe said:

There should be very little difference between the applications.

You have no valid visa now. You have an entry from a long expired non-b visa that you have extended based upon marriage.

After Steve so politely explained it to me..... I understand now.... Hahaha.. Thanks for all your help all the time. ??

22 minutes ago, steve187 said:

You do not have a valid visa, that is long expired.  

you are in Thailand on an extension of stay listen to Ubon

 

I guess I needed the proverbial slap in the face... Ha ha thanks. ??

I see this the same way as @ubonjoe. It is not too surprising your employer is confused about he rules. A work permit can be issued on an extension based on Thai wife. With a work permit, after your divorce, you can can an extension based on your work permit. All this relies on patiently explaing all this to all involved.

Your employer is confused because he does not seem to know the difference between a visa and a permission to stay.

http://www.immigration.go.th/nov2004/content/visaxpiredate.html

 

1. The non-O visa allowed you to travel to Thailand, which you did in February 2015, and to seek entry into Thailand.
2. The arrival stamp that was put into your passport on your arrival gave you permission to stay for 90 days.
3. The one-year extension of stay for the reason of being married to a Thai national for which you applied in May 2015 and which immigration approved extended your permission to stay for one year, until May 2016.
4. Apparently in April 2016, you applied for and received a 60-day extension of stay for the reason of visiting your Thai wife.
5. In June 2016 you received again a one-year extension of stay for the reason of being married to a Thai, and this extended your permission to stay until May 2017.

With very few exceptions the regional Departments of Employment accept applications for a work permit and issue this permit if the foreigner is on an extension of stay for the reason of living with his Thai wife, a so-called marriage extension. In other words, there is no need to travel to a Thai embassy or consulate to get a non-B visa.

 

When your divorce is finalised and official, you go to your local immigration with the required documents from your employer and submit a new application for a one-year extension of stay, this time for the reason of employment.

 

9 minutes ago, Maestro said:

With very few exceptions the regional Departments of Employment accept applications for a work permit and issue this permit if the foreigner is on an extension of stay for the reason of living with his Thai wife, a so-called marriage extension. In other words, there is no need to travel to a Thai embassy or consulate to get a non-B visa.

Good point bringing up the 'very few exceptions' comment. Unfortunately, the OP's employer may be working with the same local immigration and/or labour office that similarly barred me/my employer applying for a WP while in Thailand on a valid extension of stay based on marriage. Ultimately I left the country, obtained a new Non-B visa in my other passport, re-entered the country on that document and the WP application went ahead without issue. This was in Bangkok about 5 years ago.,

Whereas it is generally useful that a poster indicate with what regional Department of Employment he is dealing — which the OP of this topic failed to do — it is in my opinion futile at this stage to speculate that the OP is dealing with a department that does not follow the rules correctly. It is equally futile to relate an experience with a particular regional department that did not follow the rules correctly five years ago and to speculate that this may still be the case with this department today.

10 minutes ago, Maestro said:

Whereas it is generally useful that a poster indicate with what regional Department of Employment he is dealing — which the OP of this topic failed to do — it is in my opinion futile at this stage to speculate that the OP is dealing with a department that does not follow the rules correctly. It is equally futile to relate an experience with a particular regional department that did not follow the rules correctly five years ago and to speculate that this may still be the case with this department today.

 

Well you did mention the 'very few exceptions' first; I just expanded on the possibilities. I am insistent that not all government offices follow the same rules and it only takes one miscreant office out of hundreds to validate this. That is a constant in Thailand and it is not limited to immigration and work permit issues.

 

Although we only have the OP's description of the instructions as he understands them, it does seem pretty obvious that someone, somewhere isn't following the rules. I think the fact that I experienced exactly the same situation as the OP has more validity than your perception of what is futile.

2 hours ago, NanLaew said:

 

Well you did mention the 'very few exceptions' first; I just expanded on the possibilities. I am insistent that not all government offices follow the same rules and it only takes one miscreant office out of hundreds to validate this. That is a constant in Thailand and it is not limited to immigration and work permit issues.

 

Although we only have the OP's description of the instructions as he understands them, it does seem pretty obvious that someone, somewhere isn't following the rules. I think the fact that I experienced exactly the same situation as the OP has more validity than your perception of what is futile.

 

Your interpretation might be correct. More likely (in this case as in many others) someone who is involved does not understand the real situation. If this is the case, trying to correct the misunderstanding needs to be done carefully so as to avoid making people lose face. An official may choose to not follow the rules because he does not want to admit that he made a mistake in the first place.

 

I would always ask a smart Thai how to deal with the situation if my hunch is indeed correct.

Not sure if this is helpful but I am here on a non-o based on marriage. I got a job and the employer wanted me to change to a non-b. I asked why and they said that on a non-o the HR person will have to go with me and wait a whole day to fill out forms and show who is employed at the place and a whole load of other grief. 

I wasn't keen on the non-b as I don't want my stay in Thailand to be reliant on my job. I'm a writer and might go back to freelancing at some point. I then found out that the extra paperwork was mostly caused by the need to prove I had 40,000 a month minimum salary for my non-o. Which is was but a simple pay slip wouldn't cut it. I then pointed out that if you have 400,000 in the bank, then that should be fine too. So there wasn't any extra paperwork. They then applied for a 2 year work permit and everything is good. 

So maybe the employers want people on non-b rather than non-o as they are concerned about having to prove the 40k a month salary. 

As you are getting divorced this is all probably moot. To switch, you would have to leave the country.

....You do NOT need to change your visa...

 

...If your marriage is 'stable' for the moment....you can work on your non-O.....

 

...if you do as your 'boss' is telling you...you will become a hostage of the job.....

 

...jump when they say jump....or lose your work permit AND visa.....

 

...and then have to begin all over again.....

 

....keep your non-O.....

 

...get the work permit.....

 

...if the job 'is not for you'....your visa remains UNTOUCHED.....