Changing from Non-immigrant B visa to O visa without leaving Thailand

[noahsarcade]

A friend has been living and working in Thailand for several years on a non-immigrant B visa (and work permit), renewing yearly. He's also been legally married to a Thai for a similar length of time, living together in Bangkok. He would like to stop working for a while (possibly a long while) before finding a new job. Is it possible for him to switch to a non-immigrant O visa, based on marriage to a Thai, all within the kingdom? Or does he need to leave the country and start the visa process from scratch?

Edited July 13, 2018 by noahsarcade

[ubonjoe]

He could change the reason for his extension of stay (not a visa) from working to one based upon marriage without leaving the country.

He would apply for a new extension after his current one is canceled at immigration by showing a termination letter from his employer dated before or on the date he applies for it.

If he decides to work again he could get a work permit and work with the extension based upon marriage.

[elviajero]

27 minutes ago, noahsarcade said:

Is it possible for him to switch to a non-immigrant O visa, based on marriage to a Thai, all within the kingdom?

As he is already in the country he can’t, and doesn’t need to, change his original entry visa category. There shouldn’t be any problem changing the basis for his current permit to stay (1 year extension) from work to marriage when his job ends, or at any renewal. He will need 400K in the bank for two months before applying, or an income of at least 40K pm.

 

It is an advantage to make that change so that his permission to stay is not linked to his work, that way he wouldn’t need to mess around changing the basis of his stay whenever he starts/ends work in the future.

Edited July 13, 2018 by elviajero

[LatPrao]

I have a related question to, changing a non imm B Visa to O visa without leaving Thailand.         Having recently changed my Non Imm O visa with 1 year extension (a retirement visa) to a non Imm B visa, obtained by going out of the country and applying at an embassy in my country, with plans on return to apply a Work Permit in a Thai company I've invested in.    Having found the conditions and expenses of continuing to pursue a Work Permit too onerous and expensive, did not apply the Work Permit, and I've abandoned plans to work and want to return to 'Retirement visa' status.  Can I make that change and what is the best way about it?

[ubonjoe]

21 minutes ago, LatPrao said:

Can I make that change and what is the best way about it?

If you are on a 90 day entry from a non-b visa nothing needs to be changed.

You can apply for an extension of stay based upon retirement using the non immigrant visa entry you have unless you have to apply at a immigration office that makes up their own rules and will say you have to have a non-o visa. All that is required for any extension application is a non immigrant visa entry.

[Maradona 10]

Sorry to hijack this thread but this isn't worth starting a new one for...can someone tell me Joe?) if my last entry stamp is dated the 30th August will a 30 day ext on that take me up to the 28th or the 29th Sept?

 

Thanks in advance.

[ubonjoe]

5 minutes ago, Maradona 10 said:

Sorry to hijack this thread but this isn't worth starting a new one for...can someone tell me Joe?) if my last entry stamp is dated the 30th August will a 30 day ext on that take me up to the 28th or the 29th Sept?

If you are extending a 60 day tourist visa entry the last day will be the 29th of September.

If you have a 90 day entry from a non immigrant visa there is no 30 day extension you can apply for.

 

[Maradona 10]

1 hour ago, ubonjoe said:

If you are extending a 60 day tourist visa entry the last day will be the 29th of September.

If you have a 90 day entry from a non immigrant visa there is no 30 day extension you can apply for.

 

It's the latter. Really didn't know that, I thought you could get a 30 day extension on all entries. Could I apply for 60 days ext based on family (the actual non 'o' visa itself has now expired)?

[ubonjoe]

5 minutes ago, Maradona 10 said:

Could I apply for 60 days ext based on family (the actual non 'o' visa itself has now expired)?

Thirty day extensions can only be obtained for tourist visa and visa exempt entries.

You could apply for a 60 day extension to visit your Thai wife or child. They would have to be with you when you apply.

The visa being expired makes no difference since you are extending you permit to stay not the visa.

[Maradona 10]

Just now, ubonjoe said:

Thirty day extensions can only be obtained for tourist visa and visa exempt entries.

You could apply for a 60 day extension to visit your Thai wife or child. They would have to be with you when you apply.

The visa being expired makes no difference since you are extending you permit to stay not the visa.

Yes as I thought. It's the same price anyway. I only need 30 days as leaving the kingdom on 29th Sept, so thought I would apply for 30 days so I wouldn't have to drag the wife along. Alas..

[elviajero]

3 hours ago, LatPrao said:

I have a related question to, changing a non imm B Visa to O visa without leaving Thailand.         Having recently changed my Non Imm O visa with 1 year extension (a retirement visa) to a non Imm B visa, obtained by going out of the country and applying at an embassy in my country, with plans on return to apply a Work Permit in a Thai company I've invested in.    Having found the conditions and expenses of continuing to pursue a Work Permit too onerous and expensive, did not apply the Work Permit, and I've abandoned plans to work and want to return to 'Retirement visa' status.  Can I make that change and what is the best way about it?

Some offices don’t like issuing ‘retirement extensions’ to non ‘B’ visa holders, but there’s nothing stopping them if they want to. Apply for the extension as early as you can and if the application is rejected you’ll need to leave again for a non ‘O’ visa.

[LatPrao]

3 hours ago, ubonjoe said:

If you are on a 90 day entry from a non-b visa nothing needs to be changed.

You can apply for an extension of stay based upon retirement using the non immigrant visa entry you have unless you have to apply at a immigration office that makes up their own rules and will say you have to have a non-o visa. All that is required for any extension application is a non immigrant visa entry.

Thank you as ever for your advice UbonJoe.   

As the extension request would be done at Chaengwattana, Bangkok is it reasonable to assume they would process the request as an extension of stay based on retirement without hesitation or monkeying about?

[ubonjoe]

4 minutes ago, LatPrao said:

As the extension request would be done at Chaengwattana, Bangkok is it reasonable to assume they would process the request as an extension of stay based on retirement without hesitation or monkeying about?

No problem there.

[Bredbury Blue]

Several years back i was on annual 'B' renewal (with work permit) and the senior person in my immigration office suggested easier / better for me to renew next time as an 'O' marriage (support thai wife) which I've had since. He was right; good advice. I didn't need to leave the country, i just applied next renewal for an 'O' marriage.

[arithai12]

On 7/13/2018 at 12:35 PM, ubonjoe said:

He could change the reason for his extension of stay (not a visa) from working to one based upon marriage without leaving the country.

He would apply for a new extension after his current one is canceled at immigration by showing a termination letter from his employer dated before or on the date he applies for it.

If he decides to work again he could get a work permit and work with the extension based upon marriage.

Sorry Ubonjoe, I think it's slightly different. He needs a termination letter from his employer, with that he needs to cancel his work permit (this step is missing from your post), then he can go to immigration. By the way, cancelling the WP equates to voiding his non-B extension therefore he must do these steps on the same day, or else he would be on overstay.

At least this was my experience when I did the same change (Chiang Mai).

[ubonjoe]

5 hours ago, arithai12 said:

By the way, cancelling the WP equates to voiding his non-B extension therefore he must do these steps on the same day, or else he would be on overstay.

That is not exactly correct. Immigration would not know that the work permit was canceled unless a receipt for the cancelation is shown.

The termination letter is not needed to cancel the work permit. A completed form is submitted to have it canceled that is totally separate from canceling the extension. 
The work permit can be canceled after the extension is canceled and new one is issued.

[noahsarcade]

On 7/13/2018 at 12:35 PM, ubonjoe said:

He would apply for a new extension after his current one is canceled at immigration by showing a termination letter from his employer dated before or on the date he applies for it.

So, renew extension of permission to stay based on marriage after he's left his job; no need for a new visa. Makes sense. I hadn't realised that extending based on different visa category requirements was possible. Thank you!

 

On 7/13/2018 at 12:55 PM, elviajero said:

It is an advantage to make that change so that his permission to stay is not linked to his work, that way he wouldn’t need to mess around changing the basis of his stay whenever he starts/ends work in the future.

 

This sounds even better.

 

On 7/14/2018 at 2:41 PM, Bredbury Blue said:

Several years back i was on annual 'B' renewal (with work permit) and the senior person in my immigration office suggested easier / better for me to renew next time as an 'O' marriage (support thai wife) which I've had since.

When you made this change, did you have to go through all the requirements of 'O' marriage visa (e.g. 400k in the bank, visits to the home by immigration to make sure you are properly married)? This definitely doesn't sound easier, but it does sound better!

[ubonjoe]

4 minutes ago, noahsarcade said:

When you made this change, did you have to go through all the requirements of 'O' marriage visa (e.g. 400k in the bank, visits to the home by immigration to make sure you are properly married)? This definitely doesn't sound easier, but it does sound better!

No need for the 400k baht in the bank if he is working with a work permit and earning 40k baht or more to meet the income requirement.

Have you have you ever seen the list of required documents for an extension of stay based upon working. The required documents for an extension based upon marriage is less than a 3rd of what is required for one.

[noahsarcade]

22 hours ago, ubonjoe said:

No need for the 400k baht in the bank if he is working with a work permit and earning 40k baht or more to meet the income requirement.

 

It sounds like he would need to fulfil the marriage requirements in order to extend based on marriage. Unfortunately he's on a rock-bottom salary, under 40k. So probably 400k in the bank would be needed.

 

22 hours ago, ubonjoe said:

Have you have you ever seen the list of required documents for an extension of stay based upon working. The required documents for an extension based upon marriage is less than a 3rd of what is required for one.

 

Fair enough, but his school does all of the paperwork for his extension based on work, so for him it's no hassle. However given the freedom for him to stay despite leaving his job would almost certainly make the added hassle worthwhile.

 

I really appreciate the help, thank you.

[LatPrao]

On 7/14/2018 at 10:54 AM, ubonjoe said:

If you are on a 90 day entry from a non-b visa nothing needs to be changed.

You can apply for an extension of stay based upon retirement using the non immigrant visa entry you have unless you have to apply at a immigration office that makes up their own rules and will say you have to have a non-o visa. All that is required for any extension application is a non immigrant visa entry.

Am I correct, this application would be made using the tm7 form?  If applying at Chaengwattana, are there any minimum number of days remaining on the non-b visa required?

[ubonjoe]

2 minutes ago, LatPrao said:

Am I correct, this application would be made using the tm7 form?  If applying at Chaengwattana, are there any minimum number of days remaining on the non-b visa required?

Yes a TM7 application form.

There is no minimum number of days to do it.

[LatPrao]

On 7/14/2018 at 10:54 AM,  ubonjoe said: 

"If you are on a 90 day entry from a non-b visa nothing needs to be changed.

You can apply for an extension of stay based upon retirement using the non immigrant visa entry you have unless you have to apply at a immigration office that makes up their own rules and will say you have to have a non-o visa. All that is required for any extension application is a non immigrant visa entry."

 

Unfortunately non-b visa to non o visa for retirement turned out to not be true today at Chaengwattana.  Presented my TM7 application and was emphatically told at the front assigning desk and then the Thai officer who accepted my documents after waiting 3 hours for the extension of stay for retirement that, after looking in the computer, this is not allowed.  She made the distinction between a B visa and an O visa and a B visa cannot be used to get an O visa.  I have to go out, get an entry visa and convert it to an O visa.

 

[ubonjoe]

4 minutes ago, LatPrao said:

Unfortunately non-b visa to non o visa for retirement turned out to not be true today at Chaengwattana.  Presented my TM7 application and was emphatically told at the front assigning desk and then the Thai officer who accepted my documents after waiting 3 hours for the extension of stay for retirement that, after looking in the computer, this is not allowed.  She made the distinction between a B visa and an O visa and a B visa cannot be used to get an O visa.  I have to go out, get an entry visa and convert it to an O visa.

I am of the opinion that the officer was not correct. Did you ask for a supervisor to verify what they said.

[LatPrao]

On 7/14/2018 at 1:56 PM, elviajero said:

Some offices don’t like issuing ‘retirement extensions’ to non ‘B’ visa holders, but there’s nothing stopping them if they want to. Apply for the extension as early as you can and if the application is rejected you’ll need to leave again for a non ‘O’ visa.

This turned out to be true today at Chaengwattana, which I assumed would be accommodating.  They emphatically did not / could not issue a retirement extension to a non B visa holder.    Fortunately i've got a week left on the B visa to come up with a plan.  Any recommendations on the easiest/simplest way to leave to get either a non O or to a lesser visa that can be worked up to a non O visa?

[LatPrao]

1 minute ago, ubonjoe said:

I am of the opinion that the officer was not correct. Did you ask for a supervisor to verify what they said.

I did not ask, it didn't occur to me to ask for one.  The woman at the review cubicle said she checked the computer, whatever that meant, and it couldn't be done.  She wasn't antagonistic, she seemed to be making the call based on something she was seeing.   The woman at the checkin counter went off the rails a bit about it but gave me a number.

[LatPrao]

Any recommendations on the easiest/simplest way to leave to get a non O?                            Or an   easy/simple way  to get a  tourist visa that can be worked up to a non O visa with extension?   

[ubonjoe]

2 minutes ago, LatPrao said:

Any recommendations on the easiest/simplest way to leave to get either a non O or to a lesser visa that can be worked up to a non O visa?

You could leave and reenter the country and get a 30 day visa exempt entry if you qualify for one. Then apply for a non immigrant visa (category O) at immigration. Requirements are here: https://www.immigration.go.th/content/service_80

Or get a single entry non-o visa in Penang or Savannakhet. If using the 800k baht in the bank option you will need proof your are retired along with your bank book to apply for it.

[LatPrao]

13 minutes ago, ubonjoe said:

You could leave and reenter the country and get a 30 day visa exempt entry if you qualify for one. Then apply for a non immigrant visa (category O) at immigration. Requirements are here: https://www.immigration.go.th/content/service_80

Or get a single entry non-o visa in Penang or Savannakhet. If using the 800k baht in the bank option you will need proof your are retired along with your bank book to apply for it.

Thank you.  What qualifies someone for a 30 day visa exempt entry?  Answering my own question - it looks like not having more than two of these in my passport which I do not have qualifies you, correct?     Regards a single entry non-0 visa at Penang or Savannakhet - if using the guarantee letter from my Embassy (US) will they  accept?

Edited August 7, 2018 by LatPrao

[ubonjoe]

6 minutes ago, LatPrao said:

What qualifies someone for a 30 day visa exempt entry?

Being from one of the countries that qualify for one and apparently you do if your are from the US.

6 minutes ago, LatPrao said:

Regards a single entry non-0 visa at Penang or Savannakhet - if using the guarantee letter from my Embassy (US) will they  accept?

Yes they will. Savannakhet may want to see a bank book or bank statement with some money in the account (20k baht at the least).

[LatPrao]

9 minutes ago, ubonjoe said:

Being from one of the countries that qualify for one and apparently you do if your are from the US.

Yes they will. Savannakhet may want to see a bank book or bank statement with some money in the account (20k baht at the least).

For either of these applications 30 day visa exempt or single entry non-O - is there any requirement about the number of days remaining on the current visa?