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[SeanPhuket]

Hello Friends,

 

I hope somebody could advise. I'm sure this has been asked before, however after some pages of searching I couldn't find anything.

 

I've a Non-O family visa based on my Thai children. I want my wife to come here, she is Japanese. Does anybody know if she can get a visa through my Non-O? And how it works.

 

If it's not possible, could anybody advise on other long stay options available excluding a Non-B, work permit etc as I/we won't be working for the foreseeable future (Phuket/covid/no tourists). 

 

Thank you in advance!!

 

 

[fishtank]

Do you have a Visa or an Extension of Stay?

[DrJack54]

OP, your age?

[BritTim]

If you have a one-year extension of stay based on your Thai children (from an earlier marriage?) my understanding is that your current wife can get a Non O visa, and subsequent extension of stay as your spouse. I think you need the long extension of stay before this is possible.

[SeanPhuket]

8 hours ago, fishtank said:

Do you have a Visa or an Extension of Stay?

Extension of stay

[SeanPhuket]

8 hours ago, DrJack54 said:

OP, your age?

37

[SeanPhuket]

7 hours ago, BritTim said:

If you have a one-year extension of stay based on your Thai children (from an earlier marriage?) my understanding is that your current wife can get a Non O visa, and subsequent extension of stay as your spouse. I think you need the long extension of stay before this is possible.

Yes, extension of stay from earlier relationship.

 

I've never heard of the long extension of stay??

 

Thank you for your reply.

[ubonjoe]

Do you have a one year extension of stay based upon being the parent of a Thai issued by immigration?

Is your wife in Thailand now? What type of visa did your wife use to enter the country if she is here?

There is no provision of the immigration order for extensions of stay that allows your wife to get an extension of stay based upon the extension your have now. 

Clause 2.18 of immigration order 327/2557 that your extension is based upon only has a provision for children to get an extension of stay from a previous marriage or if they are adopted.

"(4) In the case of children, adopted children, or spouse's children, said children, adopted children, or spouse's children must not be married, must live with the alien as part of the family, and must not be over 20 years of age except in case of the person hereof is of illness or disability and cannot live without support of father or mother"

 

[BritTim]

1 hour ago, ubonjoe said:

Do you have a one year extension of stay based upon being the parent of a Thai issued by immigration?

Is your wife in Thailand now? What type of visa did your wife use to enter the country if she is here?

There is no provision of the immigration order for extensions of stay that allows your wife to get an extension of stay based upon the extension your have now. 

Clause 2.18 of immigration order 327/2557 that your extension is based upon only has a provision for children to get an extension of stay from a previous marriage or if they are adopted.

"(4) In the case of children, adopted children, or spouse's children, said children, adopted children, or spouse's children must not be married, must live with the alien as part of the family, and must not be over 20 years of age except in case of the person hereof is of illness or disability and cannot live without support of father or mother"

 

Ah, yes, I see. I had thought Clause 2.20 applied. However, I now see that a spouse of someone permitted entry under Clause 2.18 cannot use Clause 2.20 to acquire an extension for his spouse.

 

If aged over 50, and able to change the reason for staying in Thailand to retirement (under Clause 2.22) then Clause 2.20 does come into play.

[ubonjoe]

17 minutes ago, BritTim said:

Ah, yes, I see. I had thought Clause 2.20 applied. However, I now see that a spouse of someone permitted entry under Clause 2.18 cannot use Clause 2.20 to acquire an extension for his spouse.

Apparently immigration did not consider the case where a father of a Thai could be married to lady that is not Thai.

Immigration might consider and issue a extension under article 5 of the immigration order for extension of stay.

[SeanPhuket]

4 hours ago, ubonjoe said:

Do you have a one year extension of stay based upon being the parent of a Thai issued by immigration?

Is your wife in Thailand now? What type of visa did your wife use to enter the country if she is here?

There is no provision of the immigration order for extensions of stay that allows your wife to get an extension of stay based upon the extension your have now. 

Clause 2.18 of immigration order 327/2557 that your extension is based upon only has a provision for children to get an extension of stay from a previous marriage or if they are adopted.

"(4) In the case of children, adopted children, or spouse's children, said children, adopted children, or spouse's children must not be married, must live with the alien as part of the family, and must not be over 20 years of age except in case of the person hereof is of illness or disability and cannot live without support of father or mother"

 

 

Hi. Thanks for replying.

 

My extension is based upon my Thai children, yes.

 

She is currently in Japan.

[ubonjoe]

40 minutes ago, SeanPhuket said:

 

Hi. Thanks for replying.

My extension is based upon my Thai children, yes.

She is currently in Japan.

As I wrote she does not qualify for an extension of stay for being your wife.

Where did you get married at? 

Her only choice to travel to here and enter the country may be for her to get a tourist visa at this time.

She could possibley be able to get a single entry non-o visa to visit you. She would need to contact the embassy in Tokyo or one of the official consulates in Osaka or Fukuoka about it.

 

[SeanPhuket]

4 hours ago, ubonjoe said:

As I wrote she does not qualify for an extension of stay for being your wife.

Where did you get married at? 

Her only choice to travel to here and enter the country may be for her to get a tourist visa at this time.

She could possibley be able to get a single entry non-o visa to visit you. She would need to contact the embassy in Tokyo or one of the official consulates in Osaka or Fukuoka about it.

 

Thank you for your advice. We got married in Osaka. I'll get her on the phone to Osaka Consulate...

Edited February 20, 2021 by SeanPhuket
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