Can I Switch from a Work Permit to a Spouse Visa Without Leaving Thailand?

Jan 27, 2020
5 years ago
Hi 👋🏼 I need advice please;

My husband and I currently have an extension of stay (from a Non-B) until 14 December 2020.

Both of work permits expire 1 February 2020.

Our employer will transfer us to a new company (in the same business) where only my husband will have a renewed work permit, and I will have mine switched to spouse visa (wife) - and not be working.

Neither of us are Thai.

QUESTSION:

• Can this be done without leaving Thailand?

• Is there anything else we should know?

Thank you ka 🙏🏼
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TLDR : Answer Summary
The question revolves around transitioning from a work permit to a spouse visa in Thailand while staying in the country. It clarifies the need to cancel the current extension based on employment and apply for a new extension as a dependent. There are concerns about the process for both partners, especially regarding the legality and timing of visa changes without exiting Thailand.
Tod *********
@Justine **********
, make sure you CANCEL your current extension at the immigration office BEFORE you go to border bounce, (because just stamping out of the country doesn't "officially" cancel an extension).

When you do bounce out and back you WILL get 30 days (there are no 15 day visa exempt entries by land anymore). Then you can have your company apply for the in country 90 day Non-O visa based on being the "trailing spouse" of a foreigner on a long term extension who legally works here.

As long as you get a re-entry permit for your husband BEFORE he stamps out on this extension he'll be fine bouncing with you and get stamped in for the same expiration date he has now.
Justine ********************
ORIGINAL POSTER
You guys have never heard of Non-B extension of stay switching to Non-O extension of stay for trailing spouse INSIDE Thailand?
Robert *******
Correct, get all done tomorrow with Saturday 1 Feb as last day and with the extra 7 days you have till 7 Feb to make a border run.
Justine ********************
ORIGINAL POSTER
I’m assuming the border bounce in Ranong has times and closes?! Not that I’d want to cross in the night to be honest.
Justine ********************
ORIGINAL POSTER
@T**
, oh man! This is a new issue you’ve brought to light now...🙈😭 and I like to always do things the right way (which sucks).

I’ve read that, I’d need to go to Labour Office and cancel work permit, then straight to immigration to cancel extension of stay, and then have to leave that day (which is not going to be possible by Myanmar because I have to get my ass up there from Phuket after sitting at these two offices most of the day probably)!

Work permit expires this Saturday Feb 1.

I really don’t know what to do now. Argh!

What’s the potential consequences of staying over a bit after the work permit expires, not cancelling anything, border bouncing and returning on visa exempt to get Non-O inside?
Tod *********
@Justine **********
and you're asking things that you need to take up with your employer AND the immigration office you deal with.

Your husband should be able to cancel one extension and apply immediately for another one BUT you might not be so lucky (because you're going from employment to trailing spouse).

If I was to guess I'd say they'll have you cancel your extension, leave the country, either go BUY a new 90 day non-O visa from a consulate OR just come back on a 30 day visa exempt entry and apply for the 90 day Non-O inside the country at the immigration office THEN after you get that, match your extension to your husbands.
Justine ********************
ORIGINAL POSTER
Hi
@T**
, thanks so much for your information.

I’ve noticed you commented on a lot of other posts and have a wide knowledge base. So hope you don’t mind me picking your brain...🙏🏼

As it turns out now, the company will just extend my husband’s current work permit (in process now) keeping it in the same company and completely as is. But, they won’t be able to extend mine.

They say, similar to you, that I can’t switch my “extension of stay” (which was originally based off Non-B and work permit) to an “extension of stay for Non-O”.

So, currently I’m exploring border bounce in Ranong/Myanmar. From what I’ve searched and the group posts I’ve read, as an Australian, I should get 30 Day Visa Exempt.

1) Do you agree 30 days? Not 15 days? Correct?

Secondly, I want my husband to accompany me, so he will get a re-entry permit for his current “extension of stay”.

2) I want to know your thoughts, as we believe there shouldn’t be any issues with them stamping him back into Thailand?

We’re just concerned because it looks “funny” because he already has a visa and is just coming along for the ride per se.

We will have to wait until he has his updated work permit physically on him (just in case).

Thanks in advance for you time.
Robert *******
You should understand that you are not allowed to work anymore inside Thailand, unless an employer offers you a new work permit.

You have to cancel your Extension of Stay based on employment and change to an Extension of Stay based on being dependent on a foreigner with temporary stay inside Thailand. Your employer must provide documents for this. And I would make sure to be involved in every step and not hand out the Work Permit and the Passport to an employer trusting all he does is correct.
Justine ********************
ORIGINAL POSTER
@Rob***
I suppose our main concern is we’re just at the start of a new 12 months, with our extension of stay (which was a lot of work to get), I’m hoping we can just change the reason within Thailand.

It doesn’t mean changing completely to a Non-O does it? 🤦🏽‍♀️
Justine ********************
ORIGINAL POSTER
Thank you
@Rob***
🙏🏼

Yes, understand about the not working part.

Can the extension of stay be changed and remain in Thailand?

So do I understand correctly that I don’t need to change the “visa type” per se just the ‘reason’ for the extension of stay (for example, no longer working, but dependant).

Our employer will arrange it all...paperwork etc. We don’t really have a choice, but will be involved as much as possible (totally understand this, but unfortunately we have to have an element of trust).
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