I am Indian, on Non Imm O (Thai Spouse Marriage Visa), expires on 26th June. Can I transfer my visa to Non Imm B visa (if company sponsor job) ? If so, what is the procedure and how many days it could take?

[Himakar]

I am Indian living in Bangkok on Non Imm O (Thai Spouse Marriage Visa), expires on 26th June. Can I transfer my visa to Non Imm B visa (if company sponsor job) ? If so, what is the procedure and how many days it could take?

[VocalNeal]

I'm not sure you need to? Just get an extension based on marriage and a work permit. 

Edited May 26, 2020 by VocalNeal

[ubonjoe]

I assume you mean your 90 day entry from a non-o visa ends on June 26th not your visa. After you are in the country your visas experation date means nothing.

You would not be able to change to a non-b visa without leaving the country.

You could though apply for an extension of stay based upon working instead of marriage.

You can get a work permit and work with a non-o visa or a one year extension of stay based upon marriage. You can even use your income meet the 40k baht income requirement to apply for the extension.

[Himakar]

3 hours ago, ubonjoe said:

I assume you mean your 90 day entry from a non-o visa ends on June 26th not your visa. After you are in the country your visas experation date means nothing.

You would not be able to change to a non-b visa without leaving the country.

You could though apply for an extension of stay based upon working instead of marriage.

You can get a work permit and work with a non-o visa or a one year extension of stay based upon marriage. You can even use your income meet the 40k baht income requirement to apply for the extension.

Hi, I am already on 2months extension, it will expire by June 26th, a company said Non O Marriage visa is not eligible to get work permit, but they asked to change to Non O dependent visa. Because of covid I can not go back to India and if I have to do border cross I can do it, but I want to know if it is possible to extend this stay again as I already on 2 months extension? or can I change my visa to non O dependent visa. I also have monthly income of 40K+ baht.

[ubonjoe]

The company is wrong about the work permit. You can get a work permit with a non-o visa and work. They need to show your marriage certificate when you apply to prove the basis for your non-o visa and 60 day extension.

Not sure what they mean by a dependent visa since there is no such visa.

Perhaps they mean a one year extension of stay based upon marriage that you would apply for at immigration. No problem to apply for near the end of the 60 day extension.

You cannot apply for another 60 day extension. Only one per entry to the country can be issued.

If you cannot get an extension you can stay until July 31st under the amnesty that is in effect until then.

[Himakar]

1 minute ago, ubonjoe said:

The company is wrong about the work permit. You can get a work permit with a non-o visa and work. They need to show your marriage certificate when you apply to prove the basis for your non-o visa and 60 day extension.

Not sure what they mean by a dependent visa since there is no such visa.

Perhaps they mean a one year extension of stay based upon marriage that you would apply for at immigration.

You cannot apply for another 60 day extension. Only one per entry to the country can be issued.

If you cannot get and extension you can stay until July 31st under the amnesty that is in effect until then.

Actually there are two types in Non O visa for Indians (I dont know about other countries), Non O Marriage visa is issued to visit spouse in Thailand as I married thai citizen, Non O Dependent visa is if thai wife is working in Thailand and I have no income but have to stay with wife then I can get Non O dependent visa but I am not dependent but our marriage is registered in Thailand. I want to know can I apply for 1 year stay based on Non O Marriage visa again?

[JackThompson]

@Himakar - Is the company you will be working for using BOI or the main labor-office? 

BOI will not process an extension if you are on an entry from a Marriage-Based Non-O - even though it is 100% legal to work on it. 

The main labor office WILL process it - but your first work-permit will only be valid until June 26th, after which you will need to get an extension of it (they add stamps to your work-permit book). 

Once you have the initial work-permit, you can THEN apply for the extension based on income OR 400K "in the bank" at Immigration.  With the 400K, it is easier.  But if income, and if this is for Bangkok, be sure your company gets 2 sets of copies of all documents used for the work-permit from the varoius govt-departments (DBD, etc), because immigration will want a 2nd set of ORIGINALS of those (not copies).  You will also need pictures at work (in front of the sign with management, in the office with staff, etc).  Expect to make at least 2 trips to immigration, in case they arbitrarily add "more undocumented requirements," unless your employer will pay about 35K Baht for an Agent.

If not in Bangkok / Chiang Wattana office, what Immigration wants may vary - they might not demand as much - or different things.

[ubonjoe]

11 minutes ago, Himakar said:

Actually there are two types in Non O visa for Indians (I dont know about other countries), Non O Marriage visa is issued to visit spouse in Thailand as I married thai citizen,

A non-o visa can be issued for many reasons. In your case it is based upon being married to a Thai.

There is no dependent visa of any kind. There is a non-o visa and extension of stay for being a family member of a person that is has a extension of stay.

A non-o visa or extension of stay does not exist that is based upon your Thai wife working.

You can apply for a one year extension of stay based upon marriage to a Thai. You need 400k baht in a Thai bank for 2 months or proof of 40k baht income.

You can apply for a multiple entry non-o visa that allows unlimited 90 day entries for year from the date of issue at a embassy or consulate.

[Himakar]

6 minutes ago, JackThompson said:

@Himakar - Is the company you will be working for using BOI or the main labor-office? 

BOI will not process an extension if you are on an entry from a Marriage-Based Non-O - even though it is 100% legal to work on it. 

The main labor office WILL process it - but your first work-permit will only be valid until June 26th, after which you will need to get an extension of it (they add stamps to your work-permit book). 

Once you have the initial work-permit, you can THEN apply for the extension based on income OR 400K "in the bank" at Immigration.  With the 400K, it is easier.  But if income, and if this is for Bangkok, be sure your company gets 2 sets of copies of all documents used for the work-permit from the varoius govt-departments (DBD, etc), because immigration will want a 2nd set of ORIGINALS of those (not copies).  You will also need pictures at work (in front of the sign with management, in the office with staff, etc).  Expect to make at least 2 trips to immigration, in case they arbitrarily add "more undocumented requirements," unless your employer will pay about 35K Baht for an Agent.

If not in Bangkok / Chiang Wattana office, what Immigration wants may vary - they might not demand as much - or different things.

Hi Jack, you are true, Company is BOI registered. I already made  2months extension based on marriage certificate. 
Company said as per BOI regulations they can not make work permit based on NON O marriage visa, but it can possible if I change my visa to NON O Dependent visa.

I assume getting NON B visa will be easy than changing to Dependent visa, so is there any possibility to get Non B visa without border crossing before expiration of my 2 months extension based on NON O marriage visa?

[JackThompson]

23 minutes ago, Himakar said:

Hi Jack, you are true, Company is BOI registered. I already made  2months extension based on marriage certificate. 
Company said as per BOI regulations they can not make work permit based on NON O marriage visa, but it can possible if I change my visa to NON O Dependent visa.

I & my company already fought this battle with BOI - had to use the regular labor-office.  Others have reported similar in recent years.

 

If you are married to a Thai, the "dependent visa"* doesn't make sense.  The people who get those are those married to (or children of, etc) a Foreigner with a permitted-stay - spouses of foreign workers or foreign reitirees, etc.  *(not really what it's called - but I understand what you mean)

 

Quote

I assume getting NON B visa will be easy than changing to Dependent visa, so is there any possibility to get Non B visa without border crossing before expiration of my 2 months extension based on NON O marriage visa?

I do not know how you could switch to a Non-B w/o leaving the country for a new visa.  Legally, they could give you a non-b extension-of-stay, since you are already here on a Non-Imm type of entry - but in practice, this is rare.   They make up rules that do not exist to force agent-use - what all this hassle is "for."

I do know it is legal to work here on a Non-O Visa-Entry based on Marriage to a Thai - I am doing that now.  I also know, from recent experience (this year), exactly what Immigration CW demand for it.  Do not believe stories about "just need to prove income," if your income is from working in Thailand on a work-permit.  I followed that advice, was denied the extension, and given a long list of "additional documents needed."

 

If you have 400K in the bank - must be in your name only continually for 2 months before you apply - you can avoid all these extras.  Agents fake this money, do something with immigration to skip the 2 months check (hint: with most of the agent-fee), and so avoid all this.

Edited May 26, 2020 by JackThompson

[Himakar]

21 minutes ago, ubonjoe said:

A non-o visa can be issued for many reasons. In your case it is based upon being married to a Thai.

There is no dependent visa of any kind. There is a non-o visa and extension of stay for being a family member of a person that is has a extension of stay.

A non-o visa or extension of stay does not exist that is based upon your Thai wife working.

You can apply for a one year extension of stay based upon marriage to a Thai. You need 400k baht in a Thai bank for 2 months or proof of 40k baht income.

You can apply for a multiple entry non-o visa that allows unlimited 90 day entries for year from the date of issue at a embassy or consulate.

Yeah but my Non O visa is not useful to get work permit as company is BOI registered, as per BOI they will not give work permit for Non O marriage visa even it is legal for other Thai registered companies.
There is only way to work permit is either by Non B visa or Dependent Visa (https://www.vfs-thailand.co.in/Mumbai/Dependent-Visa-O-3-months.html).

Now I want to know is there any chance to get either of those two visas without doing border cross before my extension expiry.

[Himakar]

21 minutes ago, JackThompson said:

I & my company already fought this battle with BOI - had to use the regular labor-office.  Others have reported similar in recent years.

 

If you are married to a Thai, the "dependent visa"* doesn't make sense.  The people who get those are those married to (or children of, etc) a Foreigner with a permitted-stay - spouses of foreign workers or foreign reitirees, etc.  *(not really what it's called - but I understand what you mean)

 

I do not know how you could switch to a Non-B w/o leaving the country for a new visa.  Legally, they could give you a non-b extension-of-stay, since you are already here on a Non-Imm type of entry - but in practice, this is rare.   They make up rules that do not exist to force agent-use - what all this hassle is "for."

I do know it is legal to work here on a Non-O Visa-Entry based on Marriage to a Thai - I am doing that now.  I also know, from recent experience (this year), exactly what Immigration CW demand for it.  Do not believe stories about "just need to prove income," if your income is from working in Thailand on a work-permit.  I followed that advice, was denied the extension, and given a long list of "additional documents needed."

 

If you have 400K in the bank - must be in your name only continually for 2 months before you apply - you can avoid all these extras.  Agents fake this money, do something with immigration to skip the 2 months check (hint: with most of the agent-fee), and so avoid all this.

As I already took 2 months extension, is it still possible for another extension based on non b extension of stay?
If I do border cross, is it mandatory to go back to India or can I just go Laos or Vietnam and get back with Non B visa within the period of extension expiry?

[JackThompson]

2 minutes ago, Himakar said:

Yeah but my Non O visa is not useful to get work permit as company is BOI registered, as per BOI they will not give work permit for Non O marriage visa even it is legal for other Thai registered companies.
There is only way to work permit is either by Non B visa or Dependent Visa (https://www.vfs-thailand.co.in/Mumbai/Dependent-Visa-O-3-months.html).

Now I want to know is there any chance to get either of those two visas without doing border cross before my extension expiry.

The way my employer got my work permit, was to use the non-BOI labor office for my case only.  They will need 4 Thai employees for each non-Thai, to qualify to do this.  I hope yours can/will allow this - or is willing to shell out big money to a "law firm" who will "fix" everything.

[Himakar]

2 minutes ago, JackThompson said:

The way my employer got my work permit, was to use the non-BOI labor office for my case only.  They will need 4 Thai employees for each non-Thai, to qualify to do this.  I hope yours can/will allow this - or is willing to shell out big money to a "law firm" who will "fix" everything.

Oh it mean even your employer's company is BOI registered they got you work permit from Non-BOI labor office, isn't it?
I hope my company will find a way for me!

[JackThompson]

3 minutes ago, Himakar said:

As I already took 2 months extension, is it still possible for another extension based on non b extension of stay?

It is legally permitted, because you are here on a Non-Imm type of entry.  But if they will actually DO it, is something else. 
 

3 minutes ago, Himakar said:

If I do border cross, is it mandatory to go back to India or can I just go Laos or Vietnam and get back with Non B visa within the period of extension expiry?

Regarding border crossing:

... looks doubtful.

[JackThompson]

1 minute ago, Himakar said:

Oh it mean even your employer's company is BOI registered they got you work permit from Non-BOI labor office, isn't it?
I hope my company will find a way for me!

Yes - but it is more of a pain in the backside for your company not to use BOI, so they may not be happy about it.   It is possible they will have no experience with "non-BOI" labor and immigration rules, which complicates things.

You can lessen that pain by having them get 2 originals of everything needed for your work-permit at once, so you can use the 2nd set of those documents at immigration (assuming no 400K).  That way, they don't have to send HR for a 2nd trip to those govt-agencies for the documents, again.

[Himakar]

2 minutes ago, JackThompson said:

Yes - but it is more of a pain in the backside for your company not to use BOI, so they may not be happy about it.   It is possible they will have no experience with "non-BOI" labor and immigration rules, which complicates things.

You can lessen that pain by having them get 2 originals of everything needed for your work-permit at once, so you can use the 2nd set of those documents at immigration (assuming no 400K).  That way, they don't have to send HR for a 2nd trip to those govt-agencies for the documents, again.

Ok thank you so much, I will speak with our company again, they have a law firm through which they are trying to do my work permit and visa.