Can I convert a Non-O visa to obtain a work permit in Thailand?

Apr 10, 2021
4 years ago
Massimo *********
ORIGINAL POSTER
Question : is it possible to obtain a working permit (of course with all the proper docs required) converting from a non o visa ?
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TLDR : Answer Summary
It is possible to obtain a work permit by converting from a Non-O visa, depending on the specific circumstances of the visa holder. If the Non-O visa is based on marriage to a Thai national or raising half-Thai children, a work permit can be secured. However, if the Non-O visa is linked to being over 50 years old or being a trailing spouse of another foreigner, a work permit cannot be obtained.
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James ********
What is the work permit for?

Teaching ?

Business Review?
Massimo *********
ORIGINAL POSTER
@James *******
director of a rep office
Massimo *********
ORIGINAL POSTER
Basically is a way to get paid locally, and pay taxes
James ********
@Massimo ********
you will need a non b for business to be issued by Thai immigration and a WP3 Thai work permit... You and your employer will need to meet the requirements for the visa.

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Visa Extension

Immigration Division1 | กองบังคับการตรวจคนเข้าเมือง 1 - Visa Extension

1. Visa Extension – In the case of business necessity, for example, the applicant must stay�to carry out work for a company or partnership

In the case of business necessity, for example, the applicant must stay to carry out work for a company or partnership

Criteria for Consideration

The alien must have been granted a non-immigrant visa (NON-IM).

The alien must earn an income per the attached Table of Income (Annex A).

The business must have a paid-up registered capital of no less than Baht 2 million.

Said business must have submitted its financial statements as at the end of its fiscal year for the past two accounting years which have duly been audited and certified by a certified public accountant or a tax auditor, to prove that the business is sufficiently secure with actual and continuous operation, according to the guidelines for consideration of business status concerning the actual and continuous operation attached hereto (Annex B).

Said business needs to hire aliens.

Said business must have a ratio of one alien employee per four permanent Thai employees.

The following businesses shall be exempted from the Criteria (3), (4), and (5), and the ratio of Thai employees specified under Criteria (6), shall be reduced to one alien employee per one permanent Thai employee:

(a) International trade business (representative office)

(b) Regional office

(c) Overseas company (branch office)

Documents to be submitted

Application form TM.7, photograph 4×6 cm., application fee is 1,900 (Application must be made in person)

Copy of applicant’s passport (copy of passport with your photo, last arrival stamp, Re-entry Permit stamp, Departure card (TM.6) and last extend visa)

Certificate of employment prepared in accordance with the form prescribed by the Immigration Bureau (Sor.Tor.Mor.1) – A table showing the numbers of all foreigners employed by the company, also their salary on monthly and annually basis, and their total salary, is additionally required.

Copy of work permit

Proof of corporate registration e.g. certificate of incorporation of company or partnership certified by the Registrar with validity for 6 months

Copy of list of shareholders certified by the Registrar with validity for 6 months

A copy of latest balance sheet and income statement, together with corporate income tax return (Por.Ngor.Dor.50) and receipt.Copy of Sor.Bor.Chor.3 they must be certified by the Revenue Dept. or by The Department of Business Development.

Copy of 3 latest monthly withholding tax return (Por.Pro.1) showing the name of employees and the alien applicant, together with receipt.

Copy of latest personal income tax return of the applicant (Por.Pro.91), together with receipt (or an explanatory letter)

Copy of 3 latest monthly social security contributions return filed with the Social Security Office (Form Sor.Por.Sor. 1-10)

Copy of 3 latest monthly value add tax return (Por.Pro.30 or Por.Por.36) together with receipt.

Proof of the need of the business to employ the alien e.g. no Thai candidate has applied after advertising such a position

Location map of the place of work

Other supporting documents required by the competent authority (Sor.Tor.Mor.2)

Photographs showing the location of the business

a. Exterior photographs showing the address and the sign of company name

b. Interior photographs showing the employee while working

Original documents of Nos. 5,6,7,8,9 and 10 must be provided.

In case the applicant are accompanied by the family member, proof of family relationship e.g. marriage certificate, birth certificate of their children must be provided. If these documents were issued by a foreign government, they must be certified by such foreign embassy.
Benjamin ******
@Massimo ********
What's your existing non-O visa?
Benjamin ******
Easy answer:

What's a Non-O visa?

Is this for:

- Marriage to a Thai national? If so, *YES*

- Raising half-Thai children? If so, *YES*

- Being over 50? If so, *NO*

- Being a trailing spouse of a foreigner? If so, *NO*
Darren *******
@Benjamin *****
my wife was able to convert in country from non-O trailing spouse to non-B, she's a teacher. Took her school (international) quite a while to get everything in order for the in country switch but they got there in the end.
Corrie ******
@Benjamin *****
Foreigner spouse of a foreigner with a work permit, had my visa-exempt / amnesty officially switched to a Non-O Visa last year.
Massimo *********
ORIGINAL POSTER
@Benjamin *****
thank you! So what’s the option? If any
Benjamin ******
@Massimo ********
Did you give a bunch of money to an agent? I'm asking because you NEED a work permit if you're a volunteer, and it should be easy to add another organization to your existing work permit.
Bradley *****************
@Benjamin *****
what about volunteer non-o?
James ********
@Bradley ****************
so where did you obtain the volunteer visa?

As Ben asked...

No need to answer...

I think I know.
Bradley *****************
@James *******
I’m not talking about myself I was just mentioning non-o includes volunteering which Benjamin clarified
James ********
@Bradley ****************
thank you for the clarification.
Benjamin ******
@Bradley ****************
Is your situation exactly the same as the posters?
Bradley *****************
@Benjamin *****
nope just saying that non o also includes volunteer which you didn’t list
Benjamin ******
@Bradley ****************
I didn't want to open up that can of worms. ALL real Non-O visas based on volunteering *WILL* have a work permit issued. However, it's extremely common these days for agents to be used to get a one year extension of stay based on volunteering, which doesn't include a work permit. I didn't want to touch that subject.
Bradley *****************
@Benjamin *****
thank you 🙏🏽
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