Answered3 years ago

What are the steps and requirements to transition from a Non-Immigrant B visa to a Non-Immigrant O marriage visa in Thailand?

Non-Immigrant B Visa Non-Immigrant O Visa Visa Extension Work Permit Thailand Immigration BOI Visa

Milos *****

asked Oct 22, 2023

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Hi folks,

I  am currently on non-immigrant B visa and have a work permit under BOI.  My business contract ends on 31st October so my work permit will be  cancelled on that same day by my employer. My understanding is that I  must cancel my non-immigrant B visa the same day and must leave the  country the very same day or apply for a 7 days extension and pay 1900  THB. Would please confirm this is correct?

I  am married with a Thai citizen and we have a 2 years old child so I  plan to go to Savannakhet in Laos and to apply for non-immigrant O  marriage visa. Although I've had a salary above 40 000 THB for the last 5  years from the company I am imployed by in Thailand, my understanding  is that I can't use this as a financial basis to make my non-immigrant O  marriage visa in Thailand but I must leave the country and apply for  the marriage visa. Could someone confirm this is correct?

And  the last question is related to work permit that my new employer wants  to make for me. So let's say I obtain a non-immigrant O marriage visa in  Savannakhet in Laos and I come back to Thailand. Can I use this  non-immigrant O marriage visa to apply for work permit with my new  employer on Thai soil?

As you could see my text is full of assumptions so I would be thankful if someone could refer to the least painful way of getting my non-immigrant O marriage visa and apply for the WP with my new employer. 

Thank you for your time for reading this whole text.

Cheers

Answer summary

The user is seeking clarification regarding the cancellation of their Non-Immigrant B visa upon the expiration of their work permit and the procedure to apply for a Non-Immigrant O marriage visa after leaving Thailand for Savannakhet, Laos. Additionally, they inquire if it's possible to acquire a work permit with a new employer using the Non-Immigrant O visa. Responses indicate that while the user must leave and apply for the Non-O visa abroad, they may utilize previous financial status for extensions under certain conditions. Obtaining a work permit post-visa approval is also feasible, subject to the new employer's agreement.

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Milos *****

Thank you a lot. I will go to BOI in person on Tuesday to ask them if they could tell me what my options are. This all visa thing is so relative. For example, I wanted to go out from the country (to Laos) on 26th October and not to make a re-entry which means that my visa would be cancelled by default (although my WP would be cancelled on 31st October but who cares). And then I would apply for non-immigrant O and come back. My WP is being cancelled on 31st October and I would have my fresh non-0 and apply for WP but some guy on Thai visa (ASEAN NOW) told me that there would be a danger they would give me an extension but not non-0. I will do this by myself and hopefully learn something new and share it here. Thank you very much once more ...

3 years ago

Tod *********

First you would have to cancel the current Non-B extension

then you could either

1 - apply for a new extension based on marriage to a thai (if you had the 400k baht in a thai bank for 2 months before you apply)

2 - go to a thai consulate in another country and BUY a Non-O visa based on marriage

those seem to be it as far as what you're wanting to do

3 years ago

Tod *********

@Milos ****

okay you're confusing a couple things, lets leave the work permit OUT of the picture (as it's not relevant to what you want to do).

Any way you slice it just stamping out DOESN'T cancel your extension officially, and while you could go to a thai consulate and BUY a new Non-O visa based on marriage you will run into difficulties getting it extended INSIDE the country at the immigration office because you have an "open" (uncancelled) Non-B extension in your passport.

That's why we say over and over GO cancel your extension THEN exit the country and get what ever visa you want to get because when you come back there's no issue of an 'open' extension still hanging over your head.

3 years ago

Micky **********

Can you enquire about getting your non b changed to a non o at immigration?

Need 400k in account

Yes you can get a wp on a non o

3 years ago

Ellie *******

@Micky *********

, never heard there was a space for discretion on that part. I think you are mixing visa/entry stamps and extensions. Those are different. And Covid chaos was totally another world. You cannot do the same thing now as what they allowed under covid circumstances.

3 years ago

Micky **********

@Ellie ******

just sharing my experiences of 19 years. And definitely extension of stay.

3 years ago

Ellie *******

@Micky *********

, right, definately extension, not visa, there is no "Non-O" or "Non-B" etc for extensions. Thank you for clarification and I'd appreciate if you'd use clearer terminology next time.

3 years ago

Tod *********

@Micky *********

they cannot change VISA TYPES inside the country (other than from a tourist visa to a Non-Imm visa) he can't change from a Non-B VISA to a Non-O VISA, BUT in theory IF he had the proof of funds 400K baht in a thai bank account in his name only for 2 months he COULD cancel his "extension of stay" based on employment and then immediately apply for a new yearly extension of stay based on marriage to a thai. Changing the reason for an extension (employment to retirement, employment to marriage, marriage to retirement and vice versa) is done all the time

3 years ago

Ellie *******

@Micky *********

, you cannot non-immigrant visa to another visa inside Thailand. But you can change the reason for a extension at the local immigration office in some cases.

3 years ago

Dan **********

If you are headed to Savvanakhet you can get a Multi entry Non O Visa being married to a Thai. No financials required. It gets you 90 days at a time when you stamp in. If you travel that could be a workable option as well.

3 years ago

Wannikea *********

@Ellie ******

can he also apply for the onetime 60 day visiting Thai family extension from the Non B?

3 years ago

Ellie *******

Ciaran McNeill, I'd like to make sure.. You had extension based on employment by BOI company not standard company, so dealt with OSS first, then apply for an extension based on spouse to a Thai at the immigration office?

3 years ago

Ellie *******

@Wannikea ********

, Good question. Maybe he can. But he needs to check the local immigration office, not OSS of BOI.

In case Non-B from a NON-BOI ('standard') company, he may be able to. (I think I saw someone did, not super sure though)

Honestly, I am not so sure if he can apply for a short-term extension directly from BOI extensions.

3 years ago

Ellie *******

I think you are on an extension, not a visa anymore as you have been working for years.

Q: My understanding is that I must cancel my non-immigrant B visa the same day and must leave the country the very same day or apply for a 7 days extension and pay 1900 THB. Would please confirm this is correct?

-> Basically, correct. Your current extension is under BOI, so most likely, you will be granted 7, 14, 21 days grace period to leave Thailand or sort things out. You need to check how many days you can get because I also saw someone under BOI company couldn't get those grace period (0 day).

Q: my understanding is that I can't use this as a financial basis to make my non-immigrant O marriage visa in Thailand but I must leave the country and apply for the marriage visa. Could someone confirm this is correct?

-> You cannot use your monthly salary for Non-O visa/extension based on marriage to a Thai without the employer's documents and contract/proof you will be working.

But if you can have those necessary documents, you can use them for an extension based on marriage to a Thai, but not for an in-country Non-O visa.

Q: Can I use this non-immigrant O marriage visa to apply for work permit with my new employer on Thai soil?

-> Yes, possible. At the last, it will be your employer's decision if they support it or not, though. (Sure you should be able to negotiate)

IF you have banked money of 400K thb in your bank account for 2 months as of Oct 31, you can apply for an extension based on marriage once your current extension is cancelled. Even during your "grace period".

3 years ago