mikasa

Thank you so much to everyone for your detailed advice. It's very much appreciated! I think I'm going to escalate this matter to court regardless of whether I get my extension through marriage or not. It's not right that foreigners should have uncertainty over their ability to stay simply based on an outside party and private individual sending a letter to immigration staff. It's also not right that even the legal department for Immigration have been unable to show any evidence that the immigration officer has the right and ability to choose for a foreigner exactly which extension they can and should apply for when the foreigner meets the criteria as a legitimate applicant for other extensions. It is of course possible that I'm wrong and the officer does in fact have this right and is acting completely lawfully, but there's no way for me to know for sure as the department which is insisting on having a right to do this is not able to produce evidence of this right, so I must assume that no right exists. Thanks again for all of the useful comments and advice.

Thanks so much for the quick response! It's extremely helpful! This whole situation seems crazy that a false accusation could result in this only because a private citizen sent a letter to immigration about me - no court order, no warrant, or anything else of the sort.

Hi everyone. This post is not intended to defame or accuse any person or state organization of anything. It is simply a last hope and attempt at receiving advice from a large community. I come to you at my time of need. I have been in contact with Immigration Division 1, Immigration Suan Plu, Immigration Detention Centre, Thai Royal Police, various police stations, The Office of the Attorney-General, The Office of the Public Prosecutor, lawyers and more. So far I have not been able to get a definitive answer to the following two questions: 1) Do I need to apply for an extension based on litigation or court proceedings? 2) How does this affect my Non-Imm 'O' Visa based on marriage to a Thai Wife? Background: I am currently taking a Thai citizen to court for criminal offenses. As a result of this, I have been reported by this individual and others related to them to so many departments that I've lost count. All of the problems have been dealt with through a lot of hard work and effort over the last 3 years except for one, a false accusation of a Computer Crime offense. I had my fingerprints taken as a part of the inquiry process and the case is still with the police. The Inquiry Official has attempted to prosecute but the case was sent back by the Public Prosecutor for it to be re-investigated. The individual who I have a court case against has recently sent a letter to Immigration giving details relating to the Computer Crime charge and this resulted in an internal remark being written on the Immigration Division 1 system that my visa is not to be extended (despite living in Thailand for almost 10 years on a Non-Imm 'O' based on marriage). I have checked with the Immigration Detention Centre and my record is completely clean. The Inquiry Officer and the Public Prosecutor insist that they did not inform immigration and had no part in this. There were to be no restrictions at all. I found out about this remark when I went to do my 90-day report at MTT and the officer seemed shocked by what she saw in the system. They refused to do the 90-day report and sent me to Immigration Division 1, Chaeng Wattana, to meet with staff at the relevant counter. The staff member stated that I had been Blacklisted, I was not permitted to extend my visa, and that I would have to pay Overstay if I did not get a Case Visa. I found out after this point that there was in fact no record of a Blacklisting or any restriction in the central Immigration system via the Immigration Detention Centre officers. I was also allowed to do my 90-day report as I complained to Division 1, Chaeng Wattana, that they were the ones refusing to do it, not me. MTT were very understanding and professional about the whole situation. I am due to extend my visa as normal at the end of October 2021, so luckily I caught this fairly early. I want to extend as normal and receive a 1 year extension based on marriage. Everyone, including Suan Plu Immigration, believe that I should be able to do this but Immigration Division 1 at this counter are adamant that I must get a Case Visa. I have asked for the law giving these officers the right to do this and have received the following responses: Police Order 327/2557 and Immigration Bureau Order 138/2557. Neither of these orders give the right for the officer to refuse my extension based on being the spouse of a Thai national. In fact, both of these orders confirm that I meet the criteria for applying for an extension based on marriage. When questioned further, the only response I get is: "this is the process". When I attempt to consult higher level staff at Immigration, they simply refer me back to the same counter and the same individual who falsely told me that I was Blacklisted. So, back to my original 2 questions with some added context: 1) Is anyone aware of any law that entitles Immigration staff to refuse to allow an extension based on marriage when the applicant meets all of the criteria, despite being simply accused of a crime which is still at the police stage? 2) If I do end up being forced to extend in this way, how would this affect my current Non-Imm 'O' visa? Would I simply be able to continue extending as normal after the Computer Crime case is dismissed (I'm 100% sure it will be if the legal process is actually followed)? The only real suggestion I received is to try to apply and see what happens, which doesn't seem like such a great idea while I have the time to proceed through an official process to have the decision overturned before I apply. Any suggestions or advice are very needed and welcome.