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Answered8 years ago

How can I switch from a Non-Immigrant O Visa to a Business Visa in Thailand?

Steve *****************
asked Apr 10, 2019
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Hi everyone.

My wife and I own a business where we employ 50 staff. I’m currently using a non immigrant O visa but am thinking to try for a business visa. How could I go about doing this . As it is I am worried to even trim the hedges without being dobbed in. I would like to work with peace of mind.
Answer summary
The user is contemplating the transition from a Non-Immigrant O visa to a business visa in order to work without concerns about legality. Responses suggest that the Non-Immigrant O visa, especially if based on marriage, allows for obtaining a work permit without needing to switch to a Business visa. Several commenters highlight the ease of obtaining a work permit under the current visa and suggest that maintaining a garden is legally permissible. Additionally, there are mentions of specific rules for American citizens under the Treaty of Amity and the requirements for business operations in Thailand.
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Tod *********
Tod *********
And I think we're done. I can't see any more being added to what people have suggested.
Mary ********
Mary ********
If you are american under the "special agreement" there is a whole different (and advantageous) set of rules for obtaining a business visa. Check with your local US consulate. I dont know the particulars just the thai embassy in Rome mentioned it as an alternative to the "retirement" visa.
Mary ********
Mary ********
@Steve ****************
then heed Tod Daniels advice. Hes the expert..
Steve *****************
Steve *****************
OP
My wife runs the company and I do all maintenance work etc basically keep everything running. And we also own a large Fishfarm that I run too. But it’s not under a Ltd company.
Mary ********
Mary ********
@Tod ********
yeah I wondered about that too. Does he not run the company? Isnt that work? Inquiring minds.
Tod *********
Tod *********
@Mary *******
haha, good one (y) , I imagine you are correct :) BUT seeing as he is on a marriage extension he can hold a work permit IF he gets a job..
Mary ********
Mary ********
@Tod ********
well with 50 employees etc my guess is he meets those requirements.
Tod *********
Tod *********
The "special agreement" I believe you're referring to is opening a Treaty of Amity Company

BUT

unfortunately you don't get any special treatment as far as visas/extensions, etc. You still need xxx number of thai employees, need to capitalize the company xxx millions of baht and need to have a minimum salary to get yearly estension
Tod *********
Tod *********
What is it you hope to gain by switching to a Non-B visa? IF you're on a Non-O visa based on marriage (or even an extension based on marriage) you can legally hold a work permit and work
Tod *********
Tod *********
@Steve ****************
You need to go to the Ministry of Labour and see what's required from the company as far as documentation to get a work permit BUT you can definitely hold a work permit on either a year-long, multi-entry Non-O or a yearly extension based on marriage to a thai.. You certainly don't need to switch to a Non-B to get a work permit IF you have a job..
Steve *****************
Steve *****************
OP
Really? So I can just go along and apply for a work permit?
Robert *******
Robert *******
If you have the Non Immigrant O visa and doing border runs every 90 days the only option is to apply next time for the Non Immigrant B visa at the Thai Consulate. If you are inside Thailand on the Extension of Stay based on Marriage you can if this runs out apply for the new 1 year Extension of Stay based on working inside Thailand.
Alexey **********
Alexey **********
If you have Non-O marriage visa it is the best here already because impossible to cancel and to deport you. And it's "positive impression" visa for any Thai officers on its borders. Else you need to show your work permit together with your passport each time. So don't change.
Sergey *********
Sergey *********
As soon as you have WP, there is no difference between those visa types
Martin ********
Martin ********
Hi Steve. I’m sure this subject has come up before on here. And I’m sure that I read you are allowed to maintain your garden of your home. Without this being construed as work.
Paul *********
Paul *********
If your non immigrant O visa is based on being married to a Thai you can get a work permit.

Alternatively you can get a non immigrant B visa through your company.

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