Extension of Non O marriage visa / Work Permit cancellation.

[Gil183]

Can anyone answer this ?

I have a Non O marriage visa.

For the last 8 years my employer have extended the visa as I have had a Work Permi on it. This year I have moved from the south of Thailand to Chiang Mai province and have registered my new address in my passport.

I plan to extend my visa using 400K in my bank. My Work Permit expires at the end of June. My old company has agreed to keep it open until then if needed. However my Visa expires on May 19th. My questions are:

1. Will Chiang Mai immigration extend my visa for 1 more year with my Work Permit still valid until 30th of June ? OR

2. will they require it to be cancelled first and a TM10? cancellation form to be submitted to them before they will consider extending the current visa ? Hope someone may be able to give some advice

on this. Thanks

[JackThompson]

1 hour ago, Gil183 said:

I have a Non O marriage visa.

Is this a "visa" obtained from a consulate abroad, or a "1 year extension of stay" from an immigration office?

If your new "1-year extension of stay" application is based on money-in-the-bank - not on income - I do not see why there would be any issue with immigration over your work-permit, as you are not using your job-income to meet the financials for the 1-year extension-of-stay.

 

In fact, I would not mention your work at all, as it just opens a can of worms they can use to try to manufacture problems - to avoid issuing a marriage-based extension (which they are prone to do, when not accompanied by an agent's brown-envelope - because, golly, it's "so much work to do," and all).

 

The key is immediately submitting a TM-28 and TM-30 as soon as you move to CM.  I assume submitting a TM-30 form is what you meant by:

"I ... have registered my new address in my passport"?

 

You need to submit a TM-28 also, prior to applying for an extension at some offices (nothing is consistent from one office to another).

 

Then, with those done, within 30-days before your current extension will expire, you can apply for the new 1-year extension.

Edited April 18, 2019 by JackThompson

[ubonjoe]

If you are applying for an extension of stay based upon marriage to a Thai and using the 400k baht in the bank option immigration does not need to know you have a work permit.

I do not know what you mean by a TM10 form (Application for Proof of Nationality). It would have nothing to do with your application. 

[Gil183]

1 hour ago, JackThompson said:

Is this a "visa" obtained from a consulate abroad, or a "1 year extension of stay" from an immigration office?

If your new "1-year extension of stay" application is based on money-in-the-bank - not on income - I do not see why there would be any issue with immigration over your work-permit, as you are not using your job-income to meet the financials for the 1-year extension-of-stay.

 

In fact, I would not mention your work at all, as it just opens a can of worms they can use to try to manufacture problems - to avoid issuing a marriage-based extension (which they are prone to do, when not accompanied by an agent's brown-envelope - because, golly, it's "so much work to do," and all).

 

The key is immediately submitting a TM-28 and TM-30 as soon as you move to CM.  I assume submitting a TM-30 form is what you meant by:

"I ... have registered my new address in my passport"?

 

You need to submit a TM-28 also, prior to applying for an extension at some offices (nothing is consistent from one office to another).

 

Then, with those done, within 30-days before your current extension will expire, you can apply for the new 1-year extension.

Hi. Thanks for your reply. The last extension was issued at an immigration office in Thailand and has the name of my previous employer stamped next to it in Thai in my passport....So they will know about it. I registered my address as soon as I moved here and have the form stapled in my passport now...is that the TM30?. I have not heard of a TM28 Form....perhaps I should take that too.

 

[Gil183]

1 hour ago, ubonjoe said:

If you are applying for an extension of stay based upon marriage to a Thai and using the 400k baht in the bank option immigration does not need to know you have a work permit.

I do not know what you mean by a TM10 form (Application for Proof of Nationality). It would have nothing to do with your application. 

Hi. Thanks for the reply. I understand when your employer cancels your WP the Labour office issue a receipt for it that you must take to an immigration office within 24 hours in order to apply for an extension of stay as in effect your visa is cancelled when they cancelled your WP...I thought this was a TM10..but obviously wrong.

[ubonjoe]

12 minutes ago, Gil183 said:

Hi. Thanks for the reply. I understand when your employer cancels your WP the Labour office issue a receipt for it that you must take to an immigration office within 24 hours in order to apply for an extension of stay as in effect your visa is cancelled when they cancelled your WP...I thought this was a TM10..but obviously wrong.

That only applies to an extension of stay based upon working or teaching.

I am not sure all Department of Employment forms have a number.

[JackThompson]

53 minutes ago, Gil183 said:

Hi. Thanks for your reply. The last extension was issued at an immigration office in Thailand and has the name of my previous employer stamped next to it in Thai in my passport....So they will know about it.

Ok - got it.  In that case, if you are not working now, the key is that you are applying based on bank-money - not income from work. 

If you are not working now, you should not need to show a work-permit in relation to applying for your next extension.

 

53 minutes ago, Gil183 said:

I registered my address as soon as I moved here and have the form stapled in my passport now...is that the TM30?. I have not heard of a TM28 Form....perhaps I should take that too.

 

The redundancy is insane (also including 90-day reporting and TM-6 forms), but:

 

 - The TM-30 is supposed to be a report by the owner/manager of place where you live that a foreigner is staying there.  If you are the "possessor" of the place where you live, you must report yourself (the policy varies by office on the definition of terms, when reporting is needed, who can do it, etc).

 

 - The TM-28 is supposed to be a report by you to Immigration when you go anywhere outside your province for the night or longer - but it is currently used by immigration to report a permanent move from one immigration-office's area to another office's area.  This must be done before you can apply for a new extension-of-stay from that office or do 90-day reporting there (policy varies by office, as with TM-30).

 

If you have not yet submitted a TM-28, you may need to do that before you can apply for your extension.  You could be fined for not doing it immediately upon arrival in the new area, but your previous TM-30 reporting could help reduce that possibility.  What I would do, is submit a TM-28 now, before mentioning / applying for the new annual-extension.  Then, apply for the extension.

[Gil183]

31 minutes ago, JackThompson said:

Ok - got it.  In that case, if you are not working now, the key is that you are applying based on bank-money - not income from work. 

If you are not working now, you should not need to show a work-permit in relation to applying for your next extension.

 

The redundancy is insane (also including 90-day reporting and TM-6 forms), but:

 

 - The TM-30 is supposed to be a report by the owner/manager of place where you live that a foreigner is staying there.  If you are the "possessor" of the place where you live, you must report yourself (the policy varies by office on the definition of terms, when reporting is needed, who can do it, etc).

 

 - The TM-28 is supposed to be a report by you to Immigration when you go anywhere outside your province for the night or longer - but it is currently used by immigration to report a permanent move from one immigration-office's area to another office's area.  This must be done before you can apply for a new extension-of-stay from that office or do 90-day reporting there (policy varies by office, as with TM-30).

 

If you have not yet submitted a TM-28, you may need to do that before you can apply for your extension.  You could be fined for not doing it immediately upon arrival in the new area, but your previous TM-30 reporting could help reduce that possibility.  What I would do, is submit a TM-28 now, before mentioning / applying for the new annual-extension.  Then, apply for the extension.

Hi....Thanks. I agree with you....but of course this is getting a bit complicated now as my wife did the TM30 at the local small town immigration office as she legally owns the property where we live. I presume I should have done the TM28 there at the same time but didnt know about it then and if I go there now, They are definitely going to be slightly miffed and cause problems. I guess I could go and do the TM28 at CM immigration  before doing the extension but then they might say I need to do it at the same office as the TM30....and ask me why didnt I do it before.

Finally to complicate things even more  The head honcho in our local small town immigration office said I must go to CM city to the extension of visa. ....Might be easier just to go to Laos and get a new visa and start over.

Any thoughts would be appreciated. I really appreciate your help.