From the working of Alien act:

QUALIFICATIONS OF AN ALIEN ENTITLED TO APPLY FOR A WORK PERMIT

1. Having residence in the Kingdom or having permission to stay in the kingdom temporarily under immigration law (i.e not simply as a tourist or transit - traveller)

Clearly you have received permission to stay by the "extension of stay" permit, so therefor you may apply for a work permit.

Never cancel you NON-O visa. except when you have a NOn-O based on Retirement

 

NON-Visa you can work too and have work permit

 

NON-B make the employer more powerful because non-B is linked to your status with them the work permit.

if they cancel you work permit and you have to leave because you visa is not valid.

 

Beside that Immigration can convert you Visa. to another visa if that is needed. TM 86 by head

https://view.officeapps.live.com/op/view.aspx?src=http://www.immigration.go.th/nov2004/download/tm86.doc

 

So totally not understand why

 

Yes, I work on Non-O depending on thai child and with multiple entree and got LATER a legal work permit when I deiced to start work in Thailand again.

 

Before that Is did have had a NON-B and work permit and when the employer breached the contract they tried to cancel the vIsa as well.

 Immigration not wanted to cancel because of the labor court case that I started and the employer had to compensate me fully.

 

The immigration officer who helped in the case advised me to apply for the non-O depending on Thai child because this event is not linked to the employer and is treated differently when have depending on marriage or  take care child. as you also can see in the new immigration documents you have to sign extra today when apply or extend a visa.

 

and you have TO APPLY IN PERSON for the visa

 

Edited September 27, 20169 yr by Autonuaq

On 9/27/2016 at 3:04 AM, NanLaew said:

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.,

This is exactly what happened. Plus my employer said in order to file for wp1(employee in country already)it requires a much more lengthy paperwork and tax information than a wp3(employee outside the country)

 

Writing this from Pakse, Laos, as my employer has decided to make this a company vacation trip starting on the Bolaven Plateau. Lucky me. Have been waterfall siteseeing all week......

 

Thanks again for the great information here.

On 9/27/2016 at 10:32 AM, SOTIRIOS said:

....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.....

 

 

 

Not necessarily.  If I try to keep my non O then my wife goes to immigration and tells them we are divorced,my extended stay is void immediately. In all actually my original non O expired 90 days after I first came to the country, and now I'm here on a marriage extension. After the divorce that extention is over,hence me needing to get a new visa anyway.

 

My employer is not like any normal employer. This is a family business,and I have been taken in under his wing as one of their own(almost) we were friends before the employment,and I run an international section of the company completely remote,on my pc from any location in bkk or SE Asia.

On 9/27/2016 at 9:57 AM, jrward42 said:

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.

Depending on what country you come from depends on the required salary from the employer. Because I am from America the minimum salary is 50000 per month that is a government requirement there is no way around that, that does not necessarily mean they have to pay me that amount of money, they just have to show that amount on the forms.

On 9/27/2016 at 3:49 AM, 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.

My employer is using the most keen of his employees to handle this matter acquiring the work permit. She has been dealing directly with the ministry of Labour and immigration on all of the questions that she has in regards to getting me the permit.