Non-imm O "Under Consideration"

[nowork114]

I was at CW immigration today to extend (renew) my NON-IMM "O" based on marriage. Arrived 2 PM, 40 ppl waiting which took over an hour of waiting. The procedure was smooth except few forms that have to be filled on the spot. I got stamp "VISA UNDER CONSIDERATION" and must report back in 30 days. My question is following:

If my visa expire August 1st, I can star the renewing process 45 days in advance - 15 June. This means I will get the above "Under Consideration, report back 15 July" stamp in my passport on that date, but my Re-Entry permit (and the old extension) is valid till 1st August. Does the UC stamp void the old visa and Re-entry permit? If I would leave country between 15 June and 15 July, do I need to get a new re-entry permit? The officer who was doing my visa was not sure and her boss was on training - she said will clarify when I report back in 30 days.  

[Tanoshi]

Firstly you haven't applied to extend or renew your Non Imm O Visa.

You've applied to extend your permission to stay based on marriage (it is a permit, not a Visa). Hence the stamp 'extension' of permission to stay until ……………….

 

Your new extension would be dated from the expiry of the old one.

If your old extension is valid until August 1st 2018, any new extension would be valid from 1st Aug 2018 - 1st Aug 2019.

Your current re-entry permit would be valid for the old extension period up to Aug 1st 2018.

From Aug 1st 2018 you would require a new re-entry permit to cover the new extension period of Aug 1st 2018 - Aug 1st 2019.

Edited July 12, 2018 by Tanoshi

[Swiss1960]

7 hours ago, Tanoshi said:

Firstly you haven't applied to extend or renew your Non Imm O Visa.

You've applied to extend your permission to stay based on marriage (it is a permit, not a Visa). Hence the stamp 'extension' of permission to stay until ……………….

 

Your new extension would be dated from the expiry of the old one.

If your old extension is valid until August 1st 2018, any new extension would be valid from 1st Aug 2018 - 1st Aug 2019.

Your current re-entry permit would be valid for the old extension period up to Aug 1st 2018.

From Aug 1st 2018 you would require a new re-entry permit to cover the new extension period of Aug 1st 2018 - Aug 1st 2019.

Tanoshi: You are partially right but also partially and crucially wrong, specially with the old 1-year permission of stay and the according re-entry permit

 

To the OP : I have the same extension based on marriage and last year, I had the same questions about travelling and thus, I can tell you from personal and (immigration) certified experience:

1. Your "old" extension to stay (and it's re-entry permit) until 1 August 2018 will be invalidated by the new "application of stay is under consideration" stamp. This "under consideration" stamp is your new permission to stay
2. The stamp says that you should come back at the date printed which normally is 30 days, but the permission to stay is actually longer, the permission is valid until the decision about your new 1-year extension of stay is granted (or not). 
3. If you want to travel, you need a new re-entry permit for the "under consideration" stamp which will be valid up to the date when you should go back to immigration. So in your case, if you got your stamp on 15 June and it says report back on 15 July, with a re-entry permit you can leave and enter the country during this time BUT NOT LATER. You HAVE to be back in the country before 15 July, as the re-entry permit based on your "under consideration" stamp would be expired by then.
4. When you come back to Thailand, the entry stamp you get will say "admitted until 15 July", so the date you have to go back to the immigration department. When I came back to Thailand, this was only 3 days and the immigration officer had quite a puzzled look on his face until I explained to him that I knew exactly what I had to do. 
5. The new 1-year extension of stay based on marriage will be valid up to 1 August 2019 from the day you are given that stamp. When you go back on 15 July and get your stamp, it will therefore be valid one year and 15 days and will invalidate the "under consideration" stamp and it's re-entry permit as well, so you will have to apply for a new re-entry for the new extension of stay. 

As I said, based on personal experience, just different dates.

[Mattd]

2 hours ago, Swiss1960 said:

Your "old" extension to stay (and it's re-entry permit) until 1 August 2018 will be invalidated by the new "application of stay is under consideration" stamp. This "under consideration" stamp is your new permission to stay

Correct, as soon as a new application is submitted, the old one is invalidated.

 

2 hours ago, Swiss1960 said:

If you want to travel, you need a new re-entry permit for the "under consideration" stamp which will be valid up to the date when you should go back to immigration. So in your case, if you got your stamp on 15 June and it says report back on 15 July, with a re-entry permit you can leave and enter the country during this time BUT NOT LATER. You HAVE to be back in the country before 15 July, as the re-entry permit based on your "under consideration" stamp would be expired by then.

Again correct, you MUST get a new reentry permit for the under consideration period and as stated, it will be valid only until the report back date.

If, for whatever reason, you will not be back before the report back date, then it is possible to tell the IO at the time of the application, they will then give you additional time, but not more than 30 days after the expiration of the original extension of stay date.

[Tanoshi]

With respect gentlemen, that was not my experience as of this last month.

 

My current marriage extension gives me permission to stay until 15th July 2018.

I had an unused SE valid re-entry permit.

I applied for and was given the under consideration stamp on 15th June when I made an application for a new marriage extension.

 

Sods law, I had a family emergency late June and had to leave the Kingdom for 4 days beginning of July 

When I enquired if my re-entry permit was still valid, I was clearly advised that my under consideration stamp did not invalidate my current permission to stay until 15th July, so my re-entry permit was still valid until this date.

Arriving back at Suvarnabhumi, a week ago on 5th, I had no problems, the IO stamped 'Used' across my re-entry permit and stamped me in until 15th July.

 

Now I recall that when I changed from a Retirement extension to a Marriage extension that was a different kettle of fish.

My original permission to stay from my Retirement extension was always until July 27th.

I applied early on 15th July for my first marriage extension.

As this was a change in the reason for an extension, I was specifically told at the time I would lose two weeks of my retirement extension by applying early. Effectively my Retirement extension ceased on the day of an application to change to a different extension type and my new application  was now under consideration for 30 days. During that 30 day period I would have required a new re-entry permit should I have needed to leave the Kingdom.

 

My new marriage extension started from 15th July, the day I made the application for change in extension

I effectively lost 2 weeks of my permission to stay from my Retirement extension by applying early, but wasn't concerned about that.

 

I received the call yesterday, so will visit Immigration today for my new 1 year marriage extension stamp.

 

 

[Mattd]

8 minutes ago, Tanoshi said:

With respect gentlemen, that was not my experience as of this last month.

This is probably due to the differences between offices and interpretation, the past 3 extensions at CW have all required me to get a new reentry permit for the under consideration period, admittedly mine is based on work, but that should not make any difference.

In fact 2 years ago the original IO stated that I did not need a new reentry permit, I did question this based on past experiences, she then checked with her superior officer who over rode her and made me get a new one.

That is sometimes the problem, everybody's experience can differ.

[Classic Ray]

I am sure the instruction for the default view is to make people get new re-entry permits because they can charge 1000 baht plus any photo and copying fees for them. Have to keep everyone's wages paid.

[nowork114]

Looks like there are many "gray areas" where it depends on the individual officer and their interpretation. I'm pretty sure they will say I need re-entry just to get more payment  - whether it is really required or not. 

[Tanoshi]

2 hours ago, Mattd said:

This is probably due to the differences between offices and interpretation, the past 3 extensions at CW have all required me to get a new reentry permit for the under consideration period, admittedly mine is based on work, but that should not make any difference.

In fact 2 years ago the original IO stated that I did not need a new reentry permit, I did question this based on past experiences, she then checked with her superior officer who over rode her and made me get a new one.

That is sometimes the problem, everybody's experience can differ.

I agree Matt that different Immigration offices sometimes have different interpretations of the laws/regulations.

 

However, we're talking about re-entry on a valid extension with a re-entry permit.

I would think  IO's responsible for entry of foreigners at Thailand's International airports are well versed at what constitutes a valid entry.

I had permission to stay until 15th July. and a valid re-entry permit valid until that date.

The fact they could see I had a new application under consideration made no difference to my right to legal entry up to 15th July.

 

Had as others suggest my current marriage extension lapsed, due to a new application being under consideration, then I would have expected the entry clearance officer to have noted that and given me a 30 day Visa exempt entry instead.

 

Now if for example I'd applied on 1st July and given a 30 day under consideration stamp, but then had to leave the Kingdom, returning after 15th July when my current extension and permission to stay expired, I totally agree I'd need a new re-entry permit to cover the period of 'under consideration, which in my case would have been from 15th July onwards until receipt of a new extension.

[nowork114]

The following situation was confirmed with head of the department giving re-entry permits:

 

If extension expire 1 August 2018 and you come to apply on 1 July, on the same day you will receive a stamp "application under consideration, report back 1 August (in 30 days)" but your current re-entry permit and visa are NOT AFFECTED by the new application and remain valid till 1 August as stated.