changing a non 0 to a non B

[nikkisue]

I have a non immigrant 0 visa as I am a mother of a child who has Thai citizenship. I recently got offered a position of employment which I would like to accept. Previously I have been able to work on my non 0 visa but have been told this is impossible in the Hua Hin area as the Petchuburi labour office won't accept it. I would like to change my 0 visa to a non immigrant B. I have all the relevant paperwork and was hoping to do this at the immigration bureau in Bangkok. I have recently been informed that I can not change a non 0 to a non B in Bangkok and will have to leave the country. Can someone confirm this information is correct before I start planning babysitters, transport etc...

[buksida]

Previously I have been able to work on my non 0 visa but have been told this is impossible in the Hua Hin area as the Petchuburi labour office won't accept it.

That'll be the Prachuab labour dept and yes, they are rather strict.

I would advise taking all of your paperwork along to Hua Hin immigration and asking them, apparently they have some new staff that are quite helpful, at least they can advise you. Bangkok will not deal with visas from other provinces.

[Super Joe]

Hi nikkisue, I remember your other thread about what Hua Hin Immigration said to you in April: http://www.huahinafterdark.com/forum/vi ... 3&p=168538
Have you had to do a visa run yet as you must be getting near the end of your initial 90 day permit to stay, you may soon get to the point when you do not have enough days left on this stay to start the WP process. As said on the other thread you can get a WP on a Non-Imm 'O', I had one before and bapak confirmed he and some of his staff also have. It is the Department of Employment in Prachuap that decide this, t's not the immigration departments decision.

Is it your employer who is saying it has to be a 'B' visa? if it is then that's that really, if you want to accept their offer you will have to apply for the new visa. There's reports from posters' on Thai forums who have said their employers have insisted on a 'B' visa, a lot of them were from teachers whose schools were insisting on it. Allegedely people have been terminated, their last months salary not paid, and employee then taking action. 'B' visas are a big advantage to an employer in this situation, because once your employment is terminated you have something like 7 days to leave the country if you haven't secured alternative employment.

As you qualify to apply for yearly extensions on your 'O' visa as you have a Thai child, its not ideal to change to a 'B' visa, and have the worry of having to leave at short notice if your employment situation changed. I'd speak to the employer asap and see if they will now start assisting you with the WP application on your Non-Imm 'O' visa, you can explain that you would like to stay on the 'O' for stability of your daughters' schooling etc.

If you do decide to go to a neighbouring country to get a Non-Imm 'B', your employer can assist you in fast-tracking the visa and work permit applications by the following, from MFA website: "In order to expedite visa issuance, your employer may, on your behalf, apply for the Work Permit in advance (with the form called Tor Thor 3). The Department of Employment will then issue a pre-approved certificate to be used in your visa application. In such case, please make sure to obtain the Work Permit (Tor Thor 2) once you arrive in Thailand."

Good luck,
SJ

[stgrhe]

'B' visas are a big advantage to an employer in this situation, because once your employment is terminated you have something like 7 days to leave the country if you haven't secured alternative employment.

It is in fact 24 hours but the time can be extended to be 7 days at the usual fee of 1,900 baht.

[Takiap]

Okay, sorry for going off topic here but there is something I've often thought about, and yet I've never actually bothered finding out the answer, so perhaps one of you could shed some light on this..................

I am married to a Thai (10 years and counting) and I have two kids from this marriage. As we all know, you can get one year visas based on marriage to a Thai, and then you can go for yearly extensions providing you have the "show-money". My question is, what would happen if we ever get divorced? Would I still qualify for one year visas and yearly extensions based on the fact that I have kids with Thai nationality?

None of us know what the future holds in store, and even though things may be perfect right now, things can change, hence the reason why I'd like to know what sort of fate would await me

[bapak]

I speak from experience in having been part of a number of such applications..
If you have a Permit to Stay based on an O Visa other than Retirement, you are entitled to apply and be issued with a Work Permit. We have several employees who have gone thru this routine. And I also went thru this process.

There was a previous post about this problem and I suggested that they call the
Prachuabkhirikan Labour Office (Work Permit) 032 603 824 Ext. 14 - 16.

[nikkisue]

Thank you for the info. I had someone from my employment telephone the labour office today and they said that in other Provinces you may be able to get a work permit on a non 0 visa but they would not issue one unless I have a non B visa for Huahin.

My 0 visa 90 days expires next week so looks like I will have to do a boarder run. The Hua Hin immigration would not give me an extention of stay even though my daughter is a Thai citizen. I guess I am just unlucky. Do you know if I travel out the country can I cancel my multiple 0 visa and return on a tourist visa. This way I can then just change to a non B at the immigration bureau in bangkok. I do know I can apply for a non B in Malaysia etc.. but I just can not leave my daughter behind for more than a day and she wouldn't be up for a visa run.

[bapak]

This response from Prachuabkhirikan Labour Office Labour Office is nonsence (I assume that it was Prachuabkhirikan Labour Office that was spoken to)... We deal with this office regularly and can cite cases of O Visa be granted WP. As mentioned previously, I have a O Visa (not marriage but staying with family) and obtained my WP in 7 days with no hassle. I recently facilitated WP application for 2 staff with O Visa based on marriage.

A Non-immigrant O Visa is generally for people married to a Thai national or with Thai children or dependants. This works in basically the same way as a Non-imm B. Although if you can show funds in a Thai bank account (400,000 baht) or show sufficient proof of local or overseas income to prove that you can support your family, the immigration can indefinitely extend your Visa for up to 12 months. A work permit can now be obtained on a Non-imm O (it couldn’t before 2006)

Generally (or it seems a lot of employers prefer) a Non-immigrant B Visa. Although it’s possible to obtain a work permit with a Non-immigrant O Visa, it seems a lot of employers either aren’t aware of this, or it’s too much hassle for them. Generally you’ll need at least a couple of months of your Visa left (which would initially be for 90 days) for the employer to obtain all the needed paperwork…although if they can show they’re going through the motions Immigration can and will grant an extension (generally of around a month) to give your employer time enough to finish everything off.

I would suggest that you have someone else call the Labour Office (someone that may have a little more clout)... I think LO is just being lazy...

[Takiap]

My 0 visa 90 days expires next week so looks like I will have to do a boarder run. The Hua Hin immigration would not give me an extention of stay even though my daughter is a Thai citizen. I guess I am just unlucky.

Nikki, you're not unlucky at all. It's just that you are dealing with Hua-Hin immigration, and as I've said on here before, you'll can have a more intellectual conversation with my goat than you can with some of those monkeys sitting in that office thinking they're God's gift to the world.

For what it's worth, when you go there, don't ask any questions. Instead, get the application form for an extension of stay and apply for a 60 day extension, stating the reason as being to take care of your Thai child. You will need one photo of yourself, a copy of your passport, a copy of the child's birth certificate, and a copy of your blue book or the equivalent. You will also need to take your child with you.

If you speak to someone there and they say you can't do it, just go outside and then go in and see someone else because you can do it. I've done it several times, with the last time being last week.