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Answered5 years ago

Can a non-O visa holder switch to a non-B visa for employment without leaving Thailand?

Jay *****
asked Mar 20, 2022
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Hi, helping out a friend. He has a non-o visa and changed a few years back from extension based on Thai wife to extension based on retirement. Now he's offered employment and HR tells him to go to Phnom Penh and apply for a new non-B. Is this the only way?
Answer summary
A non-O visa holder who has transitioned from an extension based on marriage to one based on retirement faces constraints regarding employment. While one option suggested is to travel to Phnom Penh to apply for a non-B visa, comments indicate that he may also revert to his previous marriage-based extension, which allows legal work and requires less financial documentation. His employer's insistence on the Phnom Penh option might stem from the current visa status, complicating the work permit application process. Overall, he has options to consider based on his marital status and speed of employment.
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Robert *******
Robert *******
And then this: "His HR tells him if he doesn't apply for a visa in PP he can't apply for a work permit. "

Altough work permit application is not part of this group. the employer is now using the application method 3 because the foreigner does not have a legal stay inside Thailand to apply for the Work Permit, but after he changed into the Extension of Stay based on marriage the employer can apply using application method 1.
Jay *****
Jay *****
OP
@Robert ******
Thanks, So if I understood correctly, I will tell him to prepare all documents to apply for an extension based on child support and then go to Chiang Wattana to cancel his extension based on Retirement and at the same time apply for extension based on Thai Child support. That should give him a legal stay to apply for a work permit right?
Robert *******
Robert *******
@Jay ****
I'm not sure if an Extension based on child support can be used to apply for work permit. Check this with the Ministry of Labor.
Jay *****
Jay *****
OP
Danny **********
Danny **********
@Robert ******
It can.I have one
Tod *********
Tod *********
Dunno why someone on a marriage to a thai extension (which has less financial requirements AND allows people to legally work here and hold a work permit) would change over to retirement (which doesn't allow work and has DOUBLE the financial requirements) B

BUT be that as it may

He COULD go in, cancel his current extension and immediately apply for a year extension based on marriage to a thai (that's assuming he's still married to one) and that'd let him hold a work permit (although the employer might not like it because they don't have any leverage over him visa-wise because he's here based on marriage not employment)

OR

He leaves the country and go buy a 90 day non-O in a nearby thai consulate like they say.
Jay *****
Jay *****
OP
@Tod ********
Do you know if extension based on 16 year old Thai child requires the same type of documents as based on thai spouse?
Tod *********
Tod *********
@Jay ****
same financial requirements 400K baht in a thai bank account in his name only, just no seasoning like a marriage extension requires
Jay *****
Jay *****
OP
Thanks
@Tod ********
, I think the marriage is/was not so stable so he didn't want rely on the spouse. Also the retirement extension was all done the same day so convenient for him, while working from Singapore. Question about "he Could go in" Meaning , just go to Chaeng wattana and cancel his current extension? His HR tells him if he doesn't apply for a visa in PP he can't apply for a work permit. I think if you have an extension based on Wife or kids you can just apply for a new WP.
Tod *********
Tod *********
@Jay ****
they're saying that because they want to have control over him thru his visa/extension. He can meet the proof of funds requirements (400K baht in a thai bank for 2 months before he applies). He'd get an extension based on marriage and with that he can then have his employer apply for a work permit for him without any issues at all
Dan **********
Dan **********
Pretty sure he can change his extension back to married to a thai. Then he can work on that one.

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