How to change tourist visa to Non-B visa in Thailand

gentlelawlawfirm
May 29
4 min read

Updated: Jul 11

How to change tourist visa to Non-B visa in Thailand

For foreign entrepreneurs and professionals wishing to live and work in Thailand, the tourist visa may seem like a temporary starting point. But transitioning from a Tourist Visa (TR) to a Non-Immigrant Visa Type B (Non-B)—a prerequisite for legal employment or business activity—requires more than just paperwork.

Misinformation or procedural missteps during this transition can have severe consequences, including visa denials, blacklisting, or being forced to leave the country. This article outlines the legal process for changing from a tourist visa to a Non-B, highlights the common pitfalls, and explains the legal consequences of getting it wrong.

What Is a Non-B Visa?

The Non-Immigrant “B” Visa is required for:

Foreign nationals working in Thailand.
Foreigners engaging in business activities, such as establishing a company or attending business meetings.
Those assigned to a Thai branch of a foreign company.

The legal basis for this visa is the Immigration Act B.E. 2522 (1979), which sets the foundation for visa classifications, entry, and extension of stay procedures in Thailand.

Pathways to Changing a Tourist Visa to Non-B visa in Thailand

1. In-Country Visa Change via Immigration Bureau (Limited Circumstances)

Under Section 35 of the Immigration Act B.E. 2522, it is possible to apply for a visa category change within Thailand at the discretion of the Immigration Bureau. However, this is not guaranteed and applies mainly to:

Individuals who have obtained a job offer from a registered Thai company.
Entrepreneurs who have already registered their Thai company and need to apply for a work permit and Non-B visa.

Required documents may include:

Original passport with valid Tourist Visa
Letter from the employer or company invitation
Company registration documents
Financial statements or proof of funds
Application forms (TM.86 if changing visa type in-country)

⚠️ The discretion to approve such changes lies entirely with Immigration Officers, as per internal regulations and Order No. 327/2557.

Read more about Non-B visa Required documents

2. Visa Run and Embassy Application Abroad

The more common and often less risky approach is to apply for the Non-B visa at a Royal Thai Embassy or Consulate abroad, typically in neighboring countries such as Laos (Vientiane), Malaysia (Penang), or Singapore.

This requires:

Leaving Thailand before your tourist visa or visa-exempt stay expires
Submitting a complete application with supporting documents to a Thai embassy abroad
Returning to Thailand with the Non-B visa stamped in your passport

Pros: Higher success rate, less discretionary risk

Cons: Travel costs and time, temporary separation from Thailand-based activities

Mistakes to Avoid — And Their Legal Consequences

Changing visa types is not merely administrative. It carries legal implications under the Immigration Act and related regulations. Below are key pitfalls and consequences:

❌ Overstaying While Preparing Documents

If your tourist visa expires while you are still compiling documents, you risk overstay penalties:

500 THB per day, up to 20,000 THB maximum
Overstays of more than 90 days may result in a one-year ban from re-entering Thailand(Immigration Bureau Regulation No. 1/2558)

❌ Starting Work Before Non-B and Work Permit Are Issued

Section 51 of the Alien Employment Act B.E. 2551 makes it illegal to work without a valid work permit, even if your visa status is correct. Penalties include:

Fine of up to 100,000 THB
Immediate termination of visa
Possible deportation

❌ Providing Incomplete or Inaccurate Documents

Applying with incomplete, forged, or inconsistent documents can lead to:

Visa rejection
Blacklisting from future visa applications
Immigration “red flag” status for re-entry

Hypothetical Scenario:

Anna, a U.S. entrepreneur, secured a Thai business partner and began planning to open a café. She entered Thailand on a Tourist Visa and started preparing company registration documents. Due to delays, her visa expired. She overstayed by 32 days before attempting to apply for a Non-B visa. The overstay was recorded, and she received a 90-day ban upon leaving the country. Her visa application in Laos was rejected due to immigration red-flag status.

Practical Recommendations to Avoid Legal Trouble

✅ Plan ahead: Begin your Non-B visa preparation at least 30 days before your Tourist Visa expires.

✅ Don’t assume you can switch visa types in-country without pre-approval or legal advice.

✅ Avoid working or setting up business activities before securing a valid Non-B and Work Permit.

✅ Use a licensed legal advisor or visa service provider to review your documentation for accuracy.

✅ Always keep track of your visa expiration date and maintain multiple digital copies of key documents.

Conclusion

Switching from a Tourist Visa to a Non-B visa in Thailand is possible—but far from straightforward. A single mistake in timing, documentation, or assumptions about the process can lead to legal consequences that jeopardize your ability to live or do business in Thailand.

If you're unsure about your individual case, or if you’ve already made an error, it is strongly advised to consult a legal professional who specializes in Thai immigration law.

📌 Need personalized support? Consider booking a consultation with a licensed immigration advisor to avoid common traps and stay compliant.