Visa Information advice

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ipods
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Visa Information advice

Post by ipods »

Can anyone advise

I am in Hua Hin on a Non Immigrant class O visa, but through contacts may have found employment teaching.

The class O visa allows me look for work but not actually work. For this I think I require to change to a Class B visa.

Does anyone know whether this is correct or can I obtain a work permit from my existing class O visa.

If not whats involved in obtaining the correct visa, and how do I do it

Many thanks
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Spitfire
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Post by Spitfire »

It's not true that you have to have a non B to work, it changed a couple of years ago (2006 I think), you just have to have a non immigrant visa of some description to apply for a work permit although some places are unaware of the change and still want you to have a non B, which are more of a pain in the arse to get than a non O. I get my work permit off a non O.

The school should be able to smooth things over and I think it's OK to work so long as the school has notified the relevent people or has begun the process of applying to the MoL. If you are teaching students under the age of 18 then you will also need to start thinking about a teachers' license and make sure the school helps you with that too. Don't know how anally retentive local HH immigration is on this or whether they play by their own rules, will need Lomuamart or one of the local gurus to put that straight.

The school should do all of this for you and provide support, if they don't then it's a red flag IMO. Others will probably be able to add more to this though.
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lomuamart
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Post by lomuamart »

I'm pretty sure that you can get a work permit on the back of your Non Imm O visa. The "benefit" of this is that the visa remains valid should you lose your job. If you have a Non Imm B, you're normally given 7 days to exit the country and get some sort of other visa.
I imagine that you'd have to extend your O visa annually, just as most do on the basis of marriage to a Thai or retirement - yours would be on the basis of work.
Don't treat the above as gospel as I'm not really up to speed on work permit legislation. If you need to change to a Non B, you might be able to do so at Imm here in HH or elsewhere depending on where you're based.
Hopefully, others may be able to confirm this.
Edit - Spitfire has confirmed what I thought.
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Post by Wanderlust »

A friend of mine had the same problem this year and was told by Hua Hin immigration that he needed to get a non B visa, so regardless of the actual rules they will not process a WP unless you have one; however this situation may also depend on which officer you see in Hua Hin! I would suggest that you go to the immigration office and ask them to put in writing what you need to do - act dumb and tell them you have a terrible memory and that you don't want to make any mistakes with this. You may well find that they will 'discover' that you can indeed obtain the WP on your current visa but don't hold your breath...

One other thing to note is that you should make sure you have a few pages left in your passport, and that it has at least a year or two of validity (regulations state 6 months I think but you might as well get a new passport before going through any of these procedures if that is the case) if you have to travel outside Thailand to get a non B; my friend went with only 2 pages left, which got taken up with the Laos visa stamp and the exit and entry stamps - when he got to the Thai Embassy in Vientiane there was no room for his new non B visa!!! He had to come back to Bangkok, get a new passport and go again, so be warned!
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Post by Wanderlust »

I should also add that as far as I know Spitfire does not have to deal with Hua Hin immigration so his experience won't necessarily reflect what happens here... :roll:
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Post by Roel »

Actually Immigration has nothing to do with the Work Permit. It is the Labour Department.

lomuamart wrote:
I'm pretty sure that you can get a work permit on the back of your Non Imm O visa. The "benefit" of this is that the visa remains valid should you lose your job. If you have a Non Imm B, you're normally given 7 days to exit the country and get some sort of other visa.
You can get a WP on a non-imm O visa but spitfire's remark is correct: not everybody is aware of this change of rules and in the past (maybe the last time the company applied for a WP) it was not possible. Hence the widespread misunderstanding.

A non-imm B multiple entry (not obtainable in neighbouring countries by the way) will also remain valid if your WP is revoked. Assuming it is not past its expiry date of course. A 1-year extension of stay based on a WP will be void at the moment the employment is terminated.
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Post by loverboy44 »

No, Roel, you are not correct.
A Non Imm B visa is always connected to a work permit. From the moment you enter Thailand you have 30 days to apply for a werk permit. This is why they give you a stamp into your passport when you get one. Once your work permit is revoked you are given 7 days to leave the country.
You can apply for a work permit with a Non Imm O visa but when it is run out you need to apply for a B visa.
I guess you get the same stamp into your passport with the work permit, so i assume it will be officially be seen as a B visa, following the same rules, means 7 days left.
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Post by Winkie »

Yes, I'd go along with the above statement too.
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Post by Roel »

I have no personal experience with non-imm O visa. I only know other people who applied successfully for a WP with a non-imm O without the need of changing it first. Could well be that after the non-imm O expires you have to get yourself a non-imm B.

I do not know what you mean with the
the same stamp into your passport with the work permit
The WP is a separate book. There is nothing with regard to your WP in your passport.
I got a 1-year extension of stay stamped in my passport. if that is what you mean?

But you are right about leaving the country when the WP is revoked. To be precise you must leave the same day or you can buy a 7-day extension for THB 1,900.

When my previous job ended I had a multiple entry non-imm B visa in my passport that was still valid. I went to Ranong border and was given the regular three months.
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Post by Spitfire »

The work permit is a blue book and in your passport you get the small square red stamp with Thai writing in it, usally towards the back of your passport for some reason I haven't quite worked out yet. The immigration stamp extents it (the original visa whether it was O, B or whatever)for a year, on the strength that you have been given a work permit by the MoL that is valid until the end of those 90 days (original visa). This stamp stipulates when it was done and when it will end, for me, basically 9 months after my original non immigrant O visa (90 days) finishes. After that you go back down the MoL and they then extend the work permit again for a year because immigration say it's OK for you to stay that long.

For me, on an O visa originally, which was 90 days, got it extended to a year and it expires in September when I have to renew. Having been to immigration to "report" my address every 90 days etc the official mentioned that next time I would have to renew. This does not involve me having to get a Non B in September, I simply turn up at the immigration center with the right documents and fees along with a representitive of the university and it's extended again for another year. Then it's off down the MoL to get the work permit extended for the same amount of time.

However, should I resign or my contract be terminated then I would have to leave the country fairly swiftish to get a new non O visa. You hear differing stories about how much time you have before having to leave but in the work permit book it says 7 days to hand the book back and leave Thailand. Again though you hear stories that suggest that this is not the case.

There are always tales of regional variance and unhelpful officials that like busting nuts but as WL mentioned that if unsure then just go down to the relevent office to you, be smart and polite, just play stupid with them and get a list of what you need. This approach always gets a good result but many choose other styles of action for some reason. :?

1. Find the job or get offered one.
2. You provide the work places with all relevent documents concerning your personal info.
3. Work place gets it act together with all the documents it needs along with yours and you go down the MoL (Ministry of Labour) office and apply for the work permit, usually takes about a week or so because some local big-wig will have to sign and approve it. The work permit will be granted for the duration of the visa you have, so, for example, when your 90 days on your O visa is up then so is the initial work permit.
4. You get the blue book from the MoL and it's of to immigration to get it (your visa) extended to a year. They stamp your passport with the extension stamp and the small red sqared stamp at the back. OK you're in for a year now.
5. Back to the MoL office and they then grant an extention to the work permit to the same time as immigration has extended your original non immigrant visa until.
6 Off you go to work in a legit fashion.
7. Don't forget to "report" every 90 days as the fine is 500 a day for being late. think you get a weeks grace on either side of the official report date but I wouldn't push it to far.

That's the general MO for getting a work permit but not all immigration offices are the same and things can change rapidly. I usually deal with the northeastern immigration center just outside Korat and it is pretty cool but that doesn't mean to say that Hua Hin is the same but I can't see it being wildly different so long as you have all you need.

Hope these rough guidelines are of some use. You will come up against the odd hurdle as all do at some point with these subjects but we have covered a fair bit here.
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Post by lomuamart »

loverboy44 wrote:No, Roel, you are not correct.
A Non Imm B visa is always connected to a work permit. From the moment you enter Thailand you have 30 days to apply for a werk permit. This is why they give you a stamp into your passport when you get one. Once your work permit is revoked you are given 7 days to leave the country.
You can apply for a work permit with a Non Imm O visa but when it is run out you need to apply for a B visa.
I guess you get the same stamp into your passport with the work permit, so i assume it will be officially be seen as a B visa, following the same rules, means 7 days left.
Just a quick question.
Are you sure that you need to change a visa from Non O to Non B when the Non O runs out?
I really don't know, but I'm assuming that as long as annual extensions to the original Non O are concurrent then there's no need to change your visa status. Why do you have to exit the country (or maybe change within Thailand) to get another visa type?
If you've got an annual extension to a Non O on the basis of retirement, questions could well be asked as to why you're working. If the extension to the Non O is on the basis of marriage, then no problem. You can work on those extensions I think - no need for any Non B. Just the WP that follows.
Please correct me if I'm wrong
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Post by Spitfire »

lomuamart wrote:Just a quick question.
Are you sure that you need to change a visa from Non O to Non B when the Non O runs out?
Well Lomuamart, for me, as a teacher, I don't have to do this and the reason I mentioned it is because it's relevent to the OP's situation and the question he asked.

Whether that applies to business situations like working for an international company etc, I don't know, but wouldn't think so and if it is different then I'm surprised. On a Non O you are more than likely to be married to a Thai national and could well have family here so there seems to be more latitude towards these visa holders. Isn't that what a Non O is for, married people or those with dependents in the kingdom and not really a tourist etc, it's a kind of default visa almost, isn't it?

Maybe I'm wrong here but that's what I thought it was for. :?

If you were single then you would have to go for the Non B, surely, then it's a different ball game.
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Post by loverboy44 »

I have to say that i never had an Non Imm O visa so i am not 100% sure about having to change to B type but would be logical to me as the O Visa is a retirement visa and you are not allowed to work with it.
About 2 years ago they started that you can apply for a work permit with the O visa.
One thing is for sure. If you have a work permit and it is revoked you have to leave the country within 7 days. Can not believe that there is a difference between the O and B visa as this is written in the work permit.
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Post by Spitfire »

loverboy44 wrote:..but would be logical to me as the O Visa is a retirement visa and you are not allowed to work with it.
You are allowed to work with it dude because I have had a work permit for over two years with Non O's. Sorry, but not correct.

If anything, it (non O) is sometimes mistakenly called a "marriage visa" and can be used as a retirement visa but many refer to the retirement visa as the AO, or is it the OA, can't remember, and the requirements are more hardcore.
loverboy44 wrote:One thing is for sure. If you have a work permit and it is revoked you have to leave the country within 7 days.
That's correct, I agree.
loverboy44 wrote: Can not believe that there is a difference between the O and B visa as this is written in the work permit.
There is a difference but it depends which one you have or qualify for regarding your situation, depending on you situation but there is a wide field of acceptability here, but you are right that both offer a route to a work permit. They changed the rules, in 2006, so either can aquire a work permit now. I suppose it's the Thais being lateral, which is good.

:thumb:
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Post by Super Joe »

Some strange stuff written above :?

ipods: IF you are married to a Thai (or have a half-Thai child) best to get your yearly extensions based upon 'support of family' (aka marriage). Then if your employment finishes you do not have to leave immediately, ofcourse some people's employment last longer than their marriages :D
Also as Spitfire posted, I read that an English needs to obtain a teachers license BEFORE being granted a WP!?!?

Personal experience:
I came in 2005 on a non-imm 'O', and got a WP in 2006. I then changed over to a Non-Imm 'B' WITHIN Hua Hin immigration through my choice. know loads of people here on an 'O' with WP for years and years.

Lot of stuff written above does not apply to my experiences but understand they treat cases differently, but I've said before I reckon this is often down to not using a Thai agent that they know, have a good working relationship with. Things can get done without question that a farang may hit a wall with. I get charged relative peanuts for this, it's nothing like the 10k figures you see quoted for an annual extension.
For instance:
- Overstayed due to me getting dates wrong, so had worked without WP for a month, s*** myself a bit, lady sorted it all out without me having to attend imm/DoE.
- Don't do 90 day reporting now, it's all taken care of at yearly extension stage. Don't recommend this though.
- Never have to attend labour department in Prachuap for WP stuff, just sign in her office in HH.
- Don't know what an annual extension process consists of, never been to immigration for one, just sign in her office.

It can all be made a lot easier if you like.

SJ
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