What are the steps to legally work in Thailand after arriving on a spouse O visa while on a job contract?

Sep 3, 2018
6 years ago
Mark ********
ORIGINAL POSTER
Hi all. I came over on a spouse O Visa as my wife moved for work. The plan was my wife's company were going to visa me. However, I also now have a job on a 6 month contract with views of it becoming open ended in 6 months. I was under the impression my wife's company would still visa me and then my new company apply for work permit but her employer says that isn't the case. What's the best way to get around this so I'm visa'd and working legally asap, as I need to travel as part of my job and I've been in the country 2 out of my 3 months already. Many thanks.
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TLDR : Answer Summary
The individual is on a Spouse Non-Immigrant O Visa but needs a work permit due to a new job. The wife's company refuses to assist with the required visa papers. To resolve this, the new employer should apply for a work permit. However, since a Non-Immigrant O visa cannot be converted to a work permit, the individual must leave Thailand to obtain a Non-Immigrant B visa from a nearby consulate. There might be a chance for an extension based on marriage, but it requires coordination between the companies involved and is rarely successful. The recommended action is to apply for a Non-B visa from a Thai consulate after compiling the necessary documents.
Tod *********
In theory <- NOTE I said that, you could get an extension based on being married to someone who legally works here, then get paperwork from your company, cancel your extension based on marriage to a foreigner and immediately apply for a new extension based on employment. BUT I have only seen people be able to pull it off a couple times because it all has to be done on the same day and it takes coordination from the company you got the first extension on and the one you're getting the new extension on. It can be done, BUT it's rare.

Honestly, I'd say get the documentation together to go get a 90 day single entry Non-B visa from a thai consulate in a nearby country (Make SURE you check their website to have the correct documentation as each consulate is slightly different) and just go get one in another country.
Mark ********
ORIGINAL POSTER
@Tod ********
thanks for the help Tod. I'm sure I'll be in touch again soon
Tod *********
@Mark *******
, Vientiane, Savannakhet, Penang, Kuala Lumpur, Hong Kong, etc, they all have their own requirements to issue a 90 day single entry Non-B. Have your employer check the requirements and go to the one that they can supply the documentation for so you can get the visa.
Mark ********
ORIGINAL POSTER
Ok makes more sense to me now. Thank you. Any recommendations on which is the easiest Thai Consulate to use? I need to get cracking with this.
Tod *********
@Mark *******
no, the visa you want is sold as a 90 day single entry Non-B OR a year-long, multi-entry Non-B <- but that one is ONLY available at the thai consulates to company directors not regular employees.

You'd get the 90 day single entry Non-B and then you'd buy a re-entry permit from the immigration office inside thailand or at the international airport when you fly out.

Re-entry permits are sold as single entry for 1000baht or multiple entry for 3800baht. The down side is the re-entry permit is good as long as your current stamp is, so when you come in on that new Non-B and get a re-entry permit it will only be good for 90 days and it won't add any days to your stay.
Mark ********
ORIGINAL POSTER
Ok many thanks. Is it possible to get the 90 day Non B Visa on a multi entry? As I have a few trips I need to do outside the country over the next 90 days. Will look into it more but if all consulates are different, are u aware which one is the easiest to deal with? As I'll try to fly there ๐Ÿ˜‚. Thanks
Tod *********
If you are on a Non-Immigrant Type O visa based on being married to a foreigner that legally works here you CANNOT hold a work permit on it.

Also IF you're on the initial 90 day entry of that visa you can't convert it to a different type of visa inside the country. You would have to leave the country and get a 90 day single entry Non-B <- business visa from a nearby thai consulate.
Mark ********
ORIGINAL POSTER
Thanks Tod. With the fact I now plan on working, is there any point in the school extending my current visa or am I better just going straight for the Non B Business visa. They were in the process of doing it but then realised I was intending to work, so have paused for a minute.
Robert *******
I hope I understand this. You have a Non Immigrant O visa as dependent on your wife who works in Thailand, but her company does not want to give you the needed papers needed for Extension of Stay or new Visa. The best way now is to let your employer apply for the Work Permit, with the papers from company and Work Permit application approved you visit a Thai Consulate or Embassy and apply for the Non Immigrant B visa for yourself.
Eve **********
@Robert ******
?? I thought that, too. But the company HR told me otherwise. I'll contact the Ministry of labour to clarify this tomorrow.
Robert *******
@Mark *******
To be sure you can check with the Ministry of Labor in your area, just ask if the allow you a work permit if you have the Non Immigrant O visa based on Dependent of your wife. If not they will explain you the procedure to get the needed documents to apply for the Non Immigrant B visa.
Robert *******
@Eve *********
Not the same situation, The Non Immigrant O visa based on married to a Thai National is legible to work in Thailand with the Work Permit. So he does not have to change visa.
Eve **********
My husband is in the same situation. He entered Thailand on the Non O visa (married to a Thai). Now he is offerred a job but HR officer told him that to get a work permit, he must have a Non B visa first. Hence, he needs to go to the nearest Thai embassy and submit paper work for Non B. My question is

1. Which Thai embassy is the most convenient to get this done?

2. Can he apply a Non B online and just book a flight to pick up the visa? Or he has to submit the application in person and wait until his visa is approved?

3. How long does it normally take for the Thai embassy to issue a visa?
Mark ********
ORIGINAL POSTER
@Robert ******
my wife's company are happy to visa me for an extension of stay as per her contract of 2 years. But they're saying I cannot work on that once it is given. So trying to work out the best option to allow me to get a work permit.
Robert *******
Okay, your wifes employer does not want to give you the documents to apply at Immigration for an Extension of Stay based on dependent on a person working in Thailand. So you have to find a new route to stay, you can not switch from a Non Immigrant O visa to a Non Immigrant B visa inside Thailand. So your employer must make all the documents ready for you, so you can visit a Thai Embassy or Consulate to apply for the Non Immigrant B visa.
Mark ********
ORIGINAL POSTER
We both applied for visas from the embassy before moving here, with her coming on a B visa and me on an O Visa as she was the one with the job before we moved. We are now here and visas are in process to change from our 90 days ones. However during this time I have now got a job, so to work legally need to know the best way about doing this. Sorry if I'm confusing it but I'm also a bit confused by it all.
Robert *******
Wait wait, You both are in Thailand but her visa is in process? I don not understand, she is in Thailand with a Visa or not? What is a spousal residency visa? You are going to work in Thailand so the best thing is to have a Non Immigrant B visa and before you start working the Work Permit.
Mark ********
ORIGINAL POSTER
That's correct Robert although I'm on a 90 day visa at the moment as we only arrived in July, so her visa is also in process. Do I need to convert it to a spousal residency visa first or can my company apply straight away as it is?
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