Visa confusion and working

[nellyp]

I realise this is a favourite subject on here, but I have a new twist. I have been working in Thailand for 7 years on a non O spouse visa (with work permit. i have recently started working in Hu Hin and I have a work permit through my non O, but I have now been applying for an extension of stay of my non o visa. I have been told that I have to have a non B visa as I am working. I have pointed out that I have had the visa and work permit at several schools and provinces before, but they insist that after the 1st year I should have changed to a non B. Has anybody else had this trouble? I would also be grateful for a link that can show anything about this. The Thai labour website is in Thai only, so I am lost with that

 

[ubonjoe]

Who told you that you need a non-b visa?

You can apply for a one year extension of stay based upon marriage and use your income from working  to meet the 40k baht requirement. Or show 400k baht in a Thai bank for 2 months

[nellyp]

4 minutes ago, ubonjoe said:

Who told you that you need a non-b visa?

You can apply for a one year extension of stay based upon marriage and use your income from working  to meet the 40k baht requirement. Or show 400k baht in a Thai bank for 2 months

The "new' head of immigration in Hua Hin told us that the last time I went. I meet the 40K requirement from my teaching job here

 

[Mattd]

I would imagine the only reason there is confusion here is that Immigration are trying to extend based on working and not marriage, you need to make it very clear to them that you want to extend based on marriage and not working.

[nellyp]

3 minutes ago, Mattd said:

I would imagine the only reason there is confusion here is that Immigration are trying to extend based on working and not marriage, you need to make it very clear to them that you want to extend based on marriage and not working.

I believe they are telling them that, but it is the school doing this for me. Can I extend based on marriage even though I am working? What I mean is, once i am working can they insist on a B visa. I have had several WPs , but I have always left the country previously to get a new 1 year visa, and never extended at imigration

 

[Mattd]

UJ would confirm, but as far as I know the only requirement working wise is that the visa is non-immigrant, you need to tell the school that is the extension needs to be based on marriage.

[ubonjoe]

6 minutes ago, nellyp said:

The "new' head of immigration in Hua Hin told us that the last time I went. I meet the 40K requirement from my teaching job here

 

It seems he thought you wanted to apply for an extension based upon teaching. But he was still wrong in saying you need a non-b visa to apply for it. All that is needed is a non immigrant visa entry. The rules do not specify a category of the visa entry for any extension.

Just go back with all the required documents for an extension based upon marriage. You will need 2 or 3 months tax payment receipts to prove the 40k baht minimum.

[IMA_FARANG]

It is a misconception sponsored by many that to work you need a Non B visa.

If you are married to a Thai and are here on a non O visa for marriage that is fine and completely valid.

If you work also you of course, need a work permit to work, but you do not need a non B visa.

As unbonjoe  said a non O visa based on marriage to a Thai is fine and completely legal as long as you meet the financial requirements.

[nellyp]

OK. I am going to take the school out of the equation and go with my wife to find out what we need. I think the school are just cowtowing to the immigration dept as it is easier for them to do that

 

[nellyp]

I have just been tryin gto download the required documentation list from the http://www.immigration.go.th website but the link to the visa extension to support a Thai wife doesn't work. Does anybody have a link that does work?

[ubonjoe]

7 minutes ago, nellyp said:

I have just been tryin gto download the required documentation list from the http://www.immigration.go.th website but the link to the visa extension to support a Thai wife doesn't work. Does anybody have a link that does work?

That one has not worked for a long time.

Here is my general list for required documents and etc. Marriage Extension Requirements.pdf

[overherebc]

46 minutes ago, nellyp said:

OK. I am going to take the school out of the equation and go with my wife to find out what we need. I think the school are just cowtowing to the immigration dept as it is easier for them to do that

 

The school want you to get a single entry B I would imagine then convert to extension on that. Many schools companies agents just believe that you can work only on a B visa. Like you I worked for many years on my O although at times I had to be firm with some companies regarding the O. The labour offices are happy to issue a WP on the O visa or extension.

I always had a multi O and had a couple of days away every 90 days. Never went near Imm' for many years, except to Penang to re-new.

[nellyp]

34 minutes ago, ubonjoe said:

That one has not worked for a long time.

Here is my general list for required documents and etc. Marriage Extension Requirements.pdf

Thanks. I cannot prove income from the UK, but you said earlier about income from teaching. I have proof of this, but it is only 2 months payslips as I have changed jobs. I just hope that will be enough

[overherebc]

12 minutes ago, overherebc said:

The school want you to get a single entry B I would imagine then convert to extension on that. Many schools companies agents just believe that you can work only on a B visa. Like you I worked for many years on my O although at times I had to be firm with some companies regarding the O. The labour offices are happy to issue a WP on the O visa or extension.

I always had a multi O and had a couple of days away every 90 days. Never went near Imm' for many years, except to Penang to re-new.

Just to add, going by the school route your extension if done on the single B would be cancelled on the day you finish work, you would have to apply for 7 days and pay 1900 baht for them. You would then have to start the process to get a new visa/extension all over again.

Sticking with a multi O visa it stays with you until it expires.

[Mattd]

You should be able to use the tax receipts for 2016, your old employer should be able to provide these if you do not have, or perhaps the PND91 for the 2016 tax year, which would show the total earnings for the year, I'm not sure if immigration would accept that as it doesn't show monthly income, but if working for the whole 12 months then this is easily worked out.

[ubonjoe]

11 minutes ago, nellyp said:

Thanks. I cannot prove income from the UK, but you said earlier about income from teaching. I have proof of this, but it is only 2 months payslips as I have changed jobs. I just hope that will be enough

I did not include income from working in my list. Two months should be enough. They will also accept or will want your annual income tax return (PND91)

[Mattd]

1 minute ago, ubonjoe said:

They will also accept or will want your annual income tax return (PND91)

For sure they would need it for an extension based on work, would have to show that no income tax is owing for 2016, also for the work permit application.

[nellyp]

I went to immigration with my wife and even though we insisted we wanted an extension because of marriage, they gave us an extensive list of requirements. These included things things I expected, but i didn't expect  photos of my sons and their birth certificates. Still... I feel more in control now; though I am not going to do the actual extension until May 1st.

 

Thanks for all your advise and comments