Nearly refused entry last time with tourist visa. Marriage visa next

[Bushtuckaman]

Hello all,

I was hoping for a little advice here if possible chaps.

 

I'm a UK citizen, age 43 who about 4 months ago got married to a Thai lady in Prachau Khiri Khan.  I'm currently stuck in the UK while the wife is stuck in Hua Hin (great honeymoon).  Over the last few years I've been traveling into Thailand initially on Visa exempt method and getting the 30 day extentions with a few visa runs thrown in for good measure.  More recently I was getting 60 day tourist Visa as the Immigration officers at airport had warned me not to come without a tourist visa in future.

 

On the last trip into Don Mueng in January 2020, armed with my latest 60 day tourist visa from the Bali embassy I was pulled aside,dragged over the coals and nearly refused entry due to my constant use of Tourist visas' while I was effective 'living in Thailand'.  This is what I have been doing of course, spending several months at a time in Thailand and returning to the UK twice a year for a few months each time to work.  Luckily I had my Thai fiancee with me and she manages to talk the officer into letting me in, as we had planned to get married and get a marriage visa in future.

 

So going forward I was wondering what you thought the best route for me to gain entry again with a view to staying there until October. I need to be in the UK. from November to December for work each year and also back in UK in April for a few months each year. The rest of the time I planned to live in Thailand with the Mrs if possible, along with a few holidays around the neighbouring asian countries along the way.

 

We currently rent a house together in Hua Hin.  I have less than the 400k baht talked about in my Thai bank account (currently about 60k Baht balance) I have been transfering 40k baht per month to either my or the Mrs' bank account for the last few months though. Do I need to find 400k Baht from somewhere asap?

 

So am i correct in assuming a Non O marriage visa is what I need and can I apply for a 1 year multi entry one initially or does it have to be the 90 day single entry first that I then extend?

 

I have Thai consulate in my home town here of Cardiff, UK.  Do you think I could get it there or is it a London Embassy job?  Or online only?

 

Any advice of the best route forward welcome

 

Cheers

[reallyaffiliated]

All depends on when Tourists are being able to come back. I've gotten tickets cancelled twice now.

[Malawi]

When it is possible to travel again a multi Entry Non Imm O Visa can be obtained at Savanakhet Laos for a fee of 5,000 Baht.

No proof of income or bank balance needed.

[ubonjoe]

Your best option is to apply for a single entry non-o visa based upon marriage at the embassy in London or one of the consulates. Almost no chance of being denied entry using it. 

Info here on the embassy website. http://www.thaiembassy.org/london/en/services/7742/84508-Non-Immigrant-visas.html#6

You could then extend the 90 day entry from it for 60 days to visit your wife.

[BritTim]

1 hour ago, Bushtuckaman said:

I have Thai consulate in my home town here of Cardiff, UK.  Do you think I could get it there or is it a London Embassy job?  Or online only?

You can get a single entry Non O visa to visit your Thai wife at the consulate in Cardiff ... if they are open.

[JackThompson]

7 hours ago, Bushtuckaman said:

On the last trip into Don Mueng in January 2020, armed with my latest 60 day tourist visa from the Bali embassy I was pulled aside,dragged over the coals and nearly refused entry due to my constant use of Tourist visas' while I was effective 'living in Thailand'.  This is what I have been doing of course, spending several months at a time in Thailand and returning to the UK twice a year for a few months each time to work. 

There is nothing in immigration law which says how long you can spend in Thailand "as a tourist" - or any "living here" definition.  You were spending months away at a time, so were not even doing that. 

 

The problem is, there is no standard application of law in Thailand.  Each local honcho can make up the law as they see fit, and no one further up the chain will hold them accountable.  If you apply for a marriage-based extension in Thailand, you may experience this problem (I have). 

 

The solution for those with Tourist Visas, is to ONLY enter the country at entry-points which still follow the written-laws.  That includes almost all land-borders, and the Chiang Mai airport. 

 

But agree with the above posters on your solution now: Return with a Non-O (based on marriage to a Thai) Visa.  I have not seen reports of denied-entry w/ Non-O visas, but I would also have a copy of my marriage certificate, a Kor Ror 2, and my wife's contact number - just to be on the safe-side. 

[Bigz]

As Ubon Joe said get a single entry non o from Uk. Once your 3 months up (or 5 months including the extension) go to Savannakhet Laos for a 1 year multiple entry non o. With that visa you will be good for nearly a year and a half if cleverly used.

[KhaoYai]

As you will know, a single entry Non O is all you can get from the Thai Embassy in London now but to get one every trip could get expensive.  Once the borders open again you can get a 12 Month Multi Non O based on marriage from either Savannakhet or Ho Chi Minh City.

 

According to Thai Immigration, now that you are married you are not considered as a tourist and they are within their rights to deny entry if you don't enter on the correct visa. I was stopped a few years ago and told to get a Non O - others have reported the same.

 

However, there is a discrepancy in what Thai Immigration within Thailand state and the information given on the London embassy's website.  I believe Thai Immigration in Thaliand are correct and the embassy is wrong but...... according to the embassy's website you can obtain a 6 month multi entry tourist visa for the purpose of visiting a family member - your wife is a family member.

 

All I would say is, the Thai Embassy in London are not at the airport and have nothing to do with deciding your right to entry - Thai Immigration are in control of that.

[JackThompson]

 

Quote

... All I would say is, the Thai Embassy in London are not at the airport and have nothing to do with deciding your right to entry - Thai Immigration are in control of that.

London is correct, but it doesn't matter to the IOs what "the law says."  They have the power / "control," which sadly trumps the law, here. 

 

But, in any case, he can get a Non-O and avoid problems with the IOs who don't obey the laws they swore to uphold.

Edited June 12, 2020 by JackThompson

[ubonjoe]

11 hours ago, KhaoYai said:

However, there is a discrepancy in what Thai Immigration within Thailand state and the information given on the London embassy's website.  I believe Thai Immigration in Thaliand are correct and the embassy is wrong but...... according to the embassy's website you can obtain a 6 month multi entry tourist visa for the purpose of visiting a family member - your wife is a family member.

I think there is a misunderstanding about what this line means "(2) short visit to family living in Thailand". It is for visiting family members for those that do not qualify for a non-o visa. For example brothers, sisters, parents and etc who are not Thai. Source: http://www.thaiembassy.org/london/en/services/7742/84451-Tourist-Visa.html

[KhaoYai]

On 6/13/2020 at 1:17 AM, ubonjoe said:

I think there is a misunderstanding about what this line means "(2) short visit to family living in Thailand". It is for visiting family members for those that do not qualify for a non-o visa. For example brothers, sisters, parents and etc who are not Thai. Source: http://www.thaiembassy.org/london/en/services/7742/84451-Tourist-Visa.html

You are probably correct Joe. Having had first hand (and third party) experience of being warned to get a Non O to visit my wife, I would recommend that anyone who visits their wife more than a couple of times per year gets a Non O.  Its probably too much to ask that Thai Immigration/Embassies/Consulates make the visa types/categories clear but at least they usually just warn you rather than deny entry.

 

If someone is only visiting a couple of times per year they are unlikely to be questioned so don't really need a Non O but if they are, they'd be well advised not to say they are visiting their wife - tourism is much safer.

[Bushtuckaman]

Many thanks for the extensive replies guys, very helpful indeed and much appreciated.

 

So, I've spoken to the local Thai consulate here in Cardiff and a very helpful gent informed me that due to Covid all visa applications have to go through the London embassy (evisa) until they were directed otherwise. ie no visas from local consulates currently.

 

Additionally, due to Covid I will need a 'Certificate of Entry' document, a negative covid test certificate (72 hours prior to travel) and $100k of health insurance cover.  Then when/if I get there, 14 days quarantine in a government quarantine facuility, at my own expense.  I'm gonna have to have another crack at her tourist visa to enter the UK again (her visa refused twice already) ;-(((

 

 

So a couple of follow up questions if I may.

 

1. On the evisa application I'm being asked to provide "Financial evidence e.g. bank statements, proof of earnings....".  Is there a certain threshold I need to meet in terms of cash in the bank (UK or Thai bank) or certain UK income level I need to be able to prove?  The guidance notes very helpfully don't say what the requirements are, if any?

 

2.  On the evisa application I'm being asked to provide "Confirmation of legal residence in the UK or Ireland".  I'm not registered on a council tax bill or have my name on utility bill in the UK as i reside at my mother house for the few months of the year I'm in the UK. Would a copy of my passport suffice for this evidence?

 

3. Several poster's mention that in future I could get a 1 year multi entry non-o visa from Savannakhet or Ho Chi Minh City.  Is this some special case work-around/secret visa loophole that means only these 2 locations are issuing this golden 1 year visa?

 

Cheers

 

John

[4evermaat]

1 hour ago, Bushtuckaman said:

3. Several poster's mention that in future I could get a 1 year multi entry non-o visa from Savannakhet or Ho Chi Minh City.  Is this some special case work-around/secret visa loophole that means only these 2 locations are issuing this golden 1 year visa?

 

Other locations do issue SE/ME non-o visa for visiting Thai family, but these two locations currently do not require any financial proof (e.g. ฿200k equivalent in bank for SE / ฿400k ME). They have not done so for several years now.  I personally suspect this phenomenon is due to:

• the consulate's physical proximity to Thailand,
• the income level of many natives who may be married to Thai nationals,  and it also considers that
• the chance of fraud is minimal to keep families together.

 

Penang, Malaysia, for example, does also issue ME non-o visa for visiting Thai family (including de-facto marriage), but requires financial proof.   But it can be with non-Thai bank statements, if the currency is in USD, EUR, MYR and maybe a couple of other major currencies, or conversion properly notated.

 

Also noteworthy, on the first attempt (Penang), you may only receive a SE non-o visa if you've never had non-o before.  On subsequent attempts the ME non-o should be no problem.

 

 

Edited July 8, 2020 by 4evermaat

[BritTim]

4 hours ago, Bushtuckaman said:

2.  On the evisa application I'm being asked to provide "Confirmation of legal residence in the UK or Ireland".  I'm not registered on a council tax bill or have my name on utility bill in the UK as i reside at my mother house for the few months of the year I'm in the UK. Would a copy of my passport suffice for this evidence?

The proof of legal residence is only for non UK citizens. As a UK citizen, applying with a UK passport, this is not needed.

[ubonjoe]

5 hours ago, Bushtuckaman said:

1. On the evisa application I'm being asked to provide "Financial evidence e.g. bank statements, proof of earnings....".  Is there a certain threshold I need to meet in terms of cash in the bank (UK or Thai bank) or certain UK income level I need to be able to prove?  The guidance notes very helpfully don't say what the requirements are, if any?

The website does not mention a specific amount. Maybe just the equivalent of 20k baht that is required for all visa entries.

See: http://www.thaiembassy.org/london/en/services/7742/84508-Non-Immigrant-visas.html#6