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What are the options for obtaining a work permit in Thailand while on a Non-O marriage visa?
Thailand Visa RulesNon-O Marriage VisaWork Permit ThailandVisa ProcessExpat Life in ThailandImmigration Advice
Aug 9, 2023
3 years ago
Kenny **********
ORIGINAL POSTERHi all
I am fairly new to this group and I am seeking advice.
I work for a multinational company that has offices in Bangkok I have asked my company if I can relocate to Thailand. I requested this in December last year and they have been dragging their feet.
They have just informed me that they are happy to employ me in Thailand if I go through the process of getting my marriage visa and applying for a work permit myself.
I am married to a Thai national and I am in the process of buying a house. I have a bank account and my plan has always been to move to Thailand in November this year.
My manager has asked me to check if there is another way of them getting me to Thailand they say that their quota is full.
My question is this, I know that I have to apply for the 90 day visa which I can exchange to the 1 year ‘ marriage visa’ after 2 months but can I apply for the work permit only after the extension is granted?
I.e will I have to be unemployed for 2 months whilst waiting for my extension
I am fairly new to this group and I am seeking advice.
I work for a multinational company that has offices in Bangkok I have asked my company if I can relocate to Thailand. I requested this in December last year and they have been dragging their feet.
They have just informed me that they are happy to employ me in Thailand if I go through the process of getting my marriage visa and applying for a work permit myself.
I am married to a Thai national and I am in the process of buying a house. I have a bank account and my plan has always been to move to Thailand in November this year.
My manager has asked me to check if there is another way of them getting me to Thailand they say that their quota is full.
My question is this, I know that I have to apply for the 90 day visa which I can exchange to the 1 year ‘ marriage visa’ after 2 months but can I apply for the work permit only after the extension is granted?
I.e will I have to be unemployed for 2 months whilst waiting for my extension
TLDR : Answer Summary
The poster seeks advice on their work situation in Thailand after their company indicated they would need to independently obtain a marriage visa and work permit. They are married to a Thai national and are trying to facilitate their relocation, but their company's quota for foreign workers is full. Commenters clarify that while it's possible to apply for a work permit under a Non-O marriage visa, the company must sponsor the application. Understandings of work permit requirements include needing registered capital and meeting the quota of Thai employees. The poster expresses frustration that their company may not support their relocation to Thailand.
NON-O RETIREMENT VISA RESOURCES / SERVICES
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Kool *******
It doesn't matter if you are on a marriage visa extension, or a type B work visa, the requirements are the same, with the same requirements to get a work permit. The only time having a marriage extension makes a difference is if you open a business with your wife, not working for a difference company. The four Thai employees for each work permit isn't the only requirement. The company must also have bt2million in registered capital for each work permit. When your company says they reached their quota, then that usually means not enough registered capital for another work permit, so you are out of luck, and it doesn't matter if you are on a marriage visa, or a type B visa, the requirements are the same, and, you can not work at all without a work permit, not even while waiting for it to be approved. If your company is BOI registered then the four Thai employees isn't required, but the bt2million in registered capital is for each work permit. Again, it makes no difference whether you are married, or not, when working for a company not owned by you and your wife. The work permit requirements are the same. There is no need for the documents for a type B visa extension, but that is the only difference. You still must have a work permit, and they are saying they can't meet the requirements for another work permit.
Kenny **********
ORIGINAL POSTER@Kool ******
thank you for your reply. Looks like I won’t be working for my company in Thailand. No worries I’ll just take my pension and say goodbye to the company
Sounds like I am being given the bums rush.
Just for reference the company can more than meet any financial requirements they have
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employees globally.Kool *******
@Kenny *********
how many employees they have globally has no bearing on them in Thailand. Only what they have registered in Thailand. They are saying their quota is full, and that usually means they've reached the limit on the amount of actual registered capital they have in Thailand. Thailand doesn't care about what they have financially that is not in Thailand.Reply to
Kool *******
Reply
Dave *********
You can't apply for your work permit yourself unless you set up a company. If you still work for the company they will have to apply for it .. and the permit belongs to the company .. they will also have to prove paid up capital.. I think now its over £100k or
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00 million baht per foreign worker.. 🤔John **********
I think you're going to struggle if you don't qualify for the LTR visa. The alternative is for your company to set up a subsidiary in Thailand and for you to be employed by that. Can't see you getting a work permit other than that short of setting up your own company and employing 4 Thai workers
Kenny **********
ORIGINAL POSTER@John *********
I can apply for a work permit in the non o marriage visa I just wanted to know if I had to wait for the extension.My company have agreed that they want me to remain with them and they will offer me employment based on the fact that I have a non o marriage visa not using the non b visa which takes into consideration the quota of 4 - 1
Gary *********
@Kenny *********
I was in similar situation when I was living in Thailand on a marriage visa. I got hired by a Thai company and I heard that there was no quota to hire Thai people since I was on a marriage visa. While I was working in Thailand for three years, my employer's agent switched me over to to Work Visa which was against our agreement. This caused a major problem for me because the day that the company shut down with the pandemic, I was told to leave Thailand because my employer changed my marriage visa extension to a work visa instead. I managed to fly back to Loei and paid a one day overstay and applied for a marriage visa extension. In Loei. I had a work permit from the very beginning when I started with this employer but immigration gave our company agent a real hard time complaining how much trouble it was to do the marriage visa extension.John **********
@Kenny *********
the Non-O marriage visa does allow you to hold a work permit. Trouble is this requires being sponsored by a company, a Thai company. Having re-read your post it appears your company has a branch inside Thailand, they would have to sponsor your work permit but from what you say they don't have the capacity to do so. You can't get a work permit by yourself. And without a work permit you can't work.Gary *********
@John *********
Having a marriage visa has the advantage over a retirement visa in that it allowed me to remain in Thailand and get a work permit.Reply to
Gary *********
Reply
Steve *******
You can apply for a work permit and work legally with the Non Imm O visa based on marriage, there's no requirement to wait for the 1 year extention of stay.
Kenny **********
ORIGINAL POSTER@Steve ******
thanks Steve that’s good to know. I am in the process of giving my employer the optionsReply to
Kenny **********
Reply
Garrett ***********
If their quota is full then there's not much you can do. They need to employ 4 thais for every 1 forigner. Only way to hire another foreigner is to hire 4 more thais.
Brandon ************
Will you be doing actual work with Thailand? As in doing work with Thai companies and Thai customers? Or will you be doing remote work?
If you'll be doing remote work then you should see if you qualify for the "remote worker of foreign company" LTR visa.
If you'll be doing actual work in Thailand and not remotely, the only way you can do this is to be sponsored for a work permit by your company. You cannot apply for a work permit yourself, your company has to sponsor you and provide the paperwork to do so.
If you'll be doing remote work then you should see if you qualify for the "remote worker of foreign company" LTR visa.
If you'll be doing actual work in Thailand and not remotely, the only way you can do this is to be sponsored for a work permit by your company. You cannot apply for a work permit yourself, your company has to sponsor you and provide the paperwork to do so.
Kenny **********
ORIGINAL POSTER@Brandon ***********
I will be working in my same role. I work with customers in EMEA region and I currently work from home. I will be working in Thailand from home dealing with customers mainly in Europe and middle east
Kenny **********
ORIGINAL POSTERThanks Brandon I have looked at this and unfortunately my salary falls below the
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USD threshold and I only have a bachelor degree not a masters. Everything else okBrandon ************
@Kenny *********
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You can look into the LTR here to see if you think you'd qualify.
Reply to
Brandon ************
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