Changing from BOI Visa to an Extension of Stay based on Marriage

[JAnderson]

Thanks in advance to those of you (Probably @Ubonjoe) with a clearer understanding of the Thai immigration Visa process than I.

Bio Info:
38 years old
legally married to Thai (2017)
Wife is 7 months pregnant with my 1st kid

I started working in 2015 under a BOI company and entered under a Non-B visa, followed by a 2 year extension of stay under the BOI visa. My current BOI 2 year extension is due to expire late December.

The company I was working for has closed and all operation have been shut down. No execs, managers, staff or office. Now I knew this day was probably coming so I planned ahead and made sure I had the financial requirements for applying for an extension of stay based on marriage covered.

The main problem I have is that I can not get the BOI division in Chiang Mai or Bangkok to assist me in canceling my current visa.

So I am planning on exiting Thailand without a re-entry to effectively cancel my current extension of stay. Then re-entering via a land crossing and obtaining a 15 day visa exemption. Once back in Chiang Mai I want to file a TM87 and apply for a Non-Imm "O" visa, followed by an extension of stay based on marriage.

 

Is this possible?



 

[colinchaffers]

Thanks in advance to those of you (Probably@Ubonjoe) with a clearer understanding of the Thai immigration Visa process than I.

Bio Info:
38 years old
legally married to Thai (2017)
Wife is 7 months pregnant with my 1st kid

I started working in 2015 under a BOI company and entered under a Non-B visa, followed by a 2 year extension of stay under the BOI visa. My current BOI 2 year extension is due to expire late December.

The company I was working for has closed and all operation have been shut down. No execs, managers, staff or office. Now I knew this day was probably coming so I planned ahead and made sure I had the financial requirements for applying for an extension of stay based on marriage covered.

The main problem I have is that I can not get the BOI division in Chiang Mai or Bangkok to assist me in canceling my current visa.

So I am planning on exiting Thailand without a re-entry to effectively cancel my current extension of stay. Then re-entering via a land crossing and obtaining a 15 day visa exemption. Once back in Chiang Mai I want to file a TM87 and apply for a Non-Imm "O" visa, followed by an extension of stay based on marriage.
 
Is this possible?



 

I was working for a BOI company and retired, my company took my work permit, passport and had them cancelled, I had 7 days to apply for an extension either retirement or to support a Thai wife.

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[lopburi3]

32 minutes ago, JAnderson said:

The company I was working for has closed and all operation have been shut down.

When did this happen?  Extensions of stay end when the reason for them ends so you could be in lala land immigration wise.  Even leaving without ending extension has been an issue at some locations.  I know BOI has been allowed the old week stay (no longer allowed others without application for new extension) so hope no issues - you might want to advise when work/pay ended for better answers from those in the know.

[JAnderson]

1 minute ago, lopburi3 said:

When did this happen?  Extensions of stay end when the reason for them ends so you could be in lala land immigration wise.  Even leaving without ending extension has been an issue at some locations.  I know BOI has been allowed the old week stay (no longer allowed others without application for new extension) so hope no issues - you might want to advise when work/pay ended for better answers from those in the know.

The company shut down in July. The first thing I did was head to immigration to try and migrate to a new visa. But they said they couldn't help unless the BOI office canceled my current visa. I then asked the BOI about getting it canceled and they required an agent of the company with authorization and the supporting documentation to make the request. When I explained there wasn't anyone with the ability to make this request, they advised me to just ride out the last 5 months of my current extension of stay. I have clearly explained all details of the situation to immigration and they have just acted like their hands are tied due to it being BOI. 

But with my permission to stay date and my wifes due date in such close proximity, i want to get this handled as soon as possible.

 

 

[ubonjoe]

1 hour ago, JAnderson said:

So I am planning on exiting Thailand without a re-entry to effectively cancel my current extension of stay. Then re-entering via a land crossing and obtaining a 15 day visa exemption. Once back in Chiang Mai I want to file a TM87 and apply for a Non-Imm "O" visa, followed by an extension of stay based on marriage.

You will get a 30 day visa exempt entry. It has not been 15 days for nearly 3 years now.

Then you can apply for the non immigrant visa (category O) at immigration.

General requirements are here. https://www.immigration.go.th/content/service_79 

Chiang Mai will want at least 21 days remaining on your 30 day entry or the 30 day extension of it to apply.

[JAnderson]

15 minutes ago, ubonjoe said:

You will get a 30 day visa exempt entry. It has not been 15 days for nearly 3 years now.

Then you can apply for the non immigrant visa (category O) at immigration.

General requirements are here. https://www.immigration.go.th/content/service_79 

Chiang Mai will want at least 21 days remaining on your 30 day entry or the 30 day extension of it to apply.

There's the missing pieces of the puzzle I was hoping for. I was unaware of the visa exemption being increased and couldn't find any reference to the time required by Chiang Mai immigration to process the Non-imm "O".

All of the other general requirements shouldn't be an issue considering we just finished jumping through all the USCIS hoops for green-cards and visas for the wife and step-kids.

Thank you for your accurate insight.

[NiwPix]

Another idea / option would be ( since you plan on exiting thailand anyways and legally married )....
Head to savannakhet, get a single entry ( 3 months ) or multiple entry ( 12 months ) O-Visa based on marriage and then take care of the extension when that visa is about to expire.

Getting the Marriage Visa in Savannekhet is very easy and many threads about it what documents are needed ( being legally married you basically have all required documents already ???? )

[lopburi3]

4 minutes ago, NiwPix said:

Getting the Marriage Visa in Savannekhet is very easy

Yes but he is at other side of Thailand so a long trip with a chance he could be detained at border crossing if on a work extension of stay that has not been canceled and no re-entry permit noted. 

 

The normal safe exit would be air and I would take time to obtain visa from Consulate myself rather than enter visa exempt and try for change of status - it appears he does not require the multi entry type.

[ubonjoe]

47 minutes ago, NiwPix said:

Head to savannakhet, get a single entry ( 3 months ) or multiple entry ( 12 months ) O-Visa based on marriage and then take care of the extension when that visa is about to expire.

There is not need to wait for a visa expire since visas are not extended. A extension of stay can be applied for during the last 30 days of the 90 day permit to stay the visa allows.

[ubonjoe]

17 hours ago, JAnderson said:

There's the missing pieces of the puzzle I was hoping for. I was unaware of the visa exemption being increased and couldn't find any reference to the time required by Chiang Mai immigration to process the Non-imm "O".

Where leave the country can affect being able to leave the country to get a visa exempt entry.

There was a report done that Mai Sai would not let a person leave the country due to having a valid extension of stay. It migh be best to fly out and back to get one or travel to where you can apply for the non-o visa.

Do you have anything to prove your job ended due to the company closing?