How to regularize 90-day Non Imm O Visa when only received after VisaExempt arrival in Thailand?

[Red Phoenix]

Already four weeks ago a friend of mine applied for the 90-day Non Imm O eVisa (marriage).  His application is in process as he received 3 days ago a request from the Embassy for additional evidence that he is STILL married with his Thai wife, to which he responded immediately.  

His flight to Thailand is scheduled one week from today, and if he did not receive his eVisa by that time, he is considering flying to Thailand Visa Exempt and regularizing his Visa status once he receives it. 

However, it is not clear which options he has to do that. 

• Should he have his VisaExempt stamp updated by Suvarnabhumi border-immigration once he receives it?
• Or could this be done at his local Imm Office?
• Or would he have to do a border-run and re-enter with that late-arrived Non Imm O Visa (although it was issued in another country than from where he would re-enter Thailand)

Note: He is aware that entering Thailand VisaExempt requires an onward-flight booking reservation to an international destination on a date prior to expiry date of the 30-day Permission to stay he would receive from Thai border-immigration at Suvarnabhumi airport.

Thanks for any advise on how to proceed from AN-members having experienced similar issue.

[lopburi3]

It is still easy to make a border run to Savannakhet and obtain either a single or multi entry non immigrant O visa on basis of marriage.  If he is not planning on extensions of stay, but wants to remain in Thailand for extended period by using 90 day visa entries that would be logical path.

 

Sorry have no idea on how evisas work (if being inside Thailand when issued would be accepted or not).

[Red Phoenix]

6 minutes ago, lopburi3 said:

It is still easy to make a border run to Savannakhet and obtain either a single or multi entry non immigrant O visa on basis of marriage.  If he is not planning on extensions of stay, but wants to remain in Thailand for extended period by using 90 day visa entries that would be logical path.

 

Sorry have no idea on how evisas work (if being inside Thailand when issued would be accepted or not).

Thanks for response.

Indeed, I explained the Savannakhet ME Non Imm O (marriage) Visa option to him, but he would be residing in Central Thailand, making border-runs inconvenient for him hence his preference to apply for 1-year extensions of his Non Imm O (marriage) Visa. 

However, the Savannakhet option would be a good alternative for him, if it turns out that he has to do a border-run anyway to regularize his late-arrived eVisa. 

[DrJack54]

He needs to exit and reenter Thailand to use his eVisa when he obtains it.

 

OR he could obtain a non O marriage at his immigration office using TM87

 

 

[BritTim]

He cannot use the e-visa to retrospectively change his visa status from within Thailand. Though I do believe such a capability would be useful, it would require the sort of coordination between the MFA and Immigration Bureau that never happens. He will either need to make a border bounce or apply afresh for the visa at Thai immigration.

[Red Phoenix]

2 hours ago, BritTim said:

He cannot use the e-visa to retrospectively change his visa status from within Thailand. Though I do believe such a capability would be useful, it would require the sort of coordination between the MFA and Immigration Bureau that never happens. He will either need to make a border bounce or apply afresh for the visa at Thai immigration.

Yes it would be very useful when there would be an easy Thailand in-country option to regularize the eVisa when it is delivered late and applicant has already departed for Thailand. 

My friend applied more than 4 weeks ago and his flight is scheduled end of this week. 

So, unless it is sent to him last-minute, he would have to do either

- a border-bounce when it arrives when he already is in Thailand

or

- apply at his regional Imm Office for a new 90-day Non Imm O Visa (and could have spared himself the trouble of having applied for that eVisa).

[DrJack54]

54 minutes ago, Red Phoenix said:

So, unless it is sent to him last-minute, he would have to do either

- a border-bounce when it arrives when he already is in Thailand

 

I'm not convinced that a border bounce (land) would work to reenter with the eVisa. 

 

 

Edited July 31, 2023 by DrJack54

[Red Phoenix]

15 minutes ago, DrJack54 said:

I'm not convinced that a border bounce (land) would work to reenter with the eVisa.

Yes, it's not clear whether he would be allowed to use his too-late-delivered Non Imm O (marriage Visa) to re-enter Thailand from the neighboring country where he would do a border-bounce.

The eVisa rules stipulate that you need to apply for the eVisa while still in your home-country. And that's what he did, but the eVisa was not delivered till after his departure.  

His Passport will of course show his entry date in Thailand, but it is probably not possible for border-immigration to check WHEN that eVisa was actually delivered.  Or do border-immigration officials have access to a database containing all data of eVisa applied for abroad? 

[DrJack54]

9 minutes ago, Red Phoenix said:

Or do border-immigration officials have access to a database containing all data of eVisa applied for abroad? 

They wouldn't need it.

The passport would show entry date into Thailand using visa exempt.

Also exit date from Thailand at land border.

Then what...turn around (border bounce) and reenter with the eVisa.

That printed eVisa would have an issue date. 

Personally think the eVisa has not be thought through. 

[Red Phoenix]

12 hours ago, DrJack54 said:

That printed eVisa would have an issue date. 

Personally think the eVisa has not be thought through. 

The point is that he applied for the eVisa weeks ago while in his home-country, but the issue date of the eVisa - which he didn't receive yet - might be after his flight to Thailand.  That would force him to do a border-run to do a border-run when he wants to regularize that late-arrived eVisa.  But then he will be confronted with the - rather senseless - rule that the eVisa has to be applied for from your home-country.  Border-immigration would not not able to determine from his Passport-stamps and eVisa alone WHEN it was applied for. And the only way border-immigration would be able to check that, is when they have access to the eVisa-system which would contain the application date. 

Note: But discussing this issue, it did dawn on me that he might bring a screen-shot of his eVisa application request featuring the application date, which might be accepted by border-immigration.  

I agree that the eVisa has not been thought through as I am pretty sure my friend's situation is not uncommon considering the slow response on his eVisa application.

[sandyf]

1 hour ago, Red Phoenix said:

I agree that the eVisa has not been thought through as I am pretty sure my friend's situation is not uncommon considering the slow response on his eVisa application.

You cannot make that statement based on one situation, you have not mentioned the country involved. My evisa took 3 days and that included a request from the embassy for further evidence. It is always prudent to check your embassies performance when considering making an application and include time for further evidence.

It is very unlikely they will ask for any further evidence so the visa will be issued or denied. If it is issued but too late for arrival in Thailand it can either be ignored and allowed to expire or used at a later date as it will have a "use by" period of 90 days.

Just in case there is any query over where he was when the application was made he should retain the boarding card for the flight leaving his home country.

[sandyf]

2 hours ago, Red Phoenix said:

The point is that he applied for the eVisa weeks ago while in his home-country, but the issue date of the eVisa - which he didn't receive yet - might be after his flight to Thailand.

Further to my previous post. In view of the circumstances he should be checking the application status on the website on a regular basis. The visa would normally be delivered by email but as soon as the status changes to "Available" it can be downloaded from the website.

It cannot be ruled out that email with the visa goes to the junk, or any other obscure folder and is overlooked.

[sandyf]

22 hours ago, Red Phoenix said:

His application is in process as he received 3 days ago a request from the Embassy for additional evidence that he is STILL married with his Thai wife, to which he responded immediately.  

There should not have been any need for further evidence as Q9 on the application is quite specific on that point.

[Red Phoenix]

20 minutes ago, sandyf said:

You cannot make that statement based on one situation, you have not mentioned the country involved. My evisa took 3 days and that included a request from the embassy for further evidence. It is always prudent to check your embassies performance when considering making an application and include time for further evidence.

It is very unlikely they will ask for any further evidence so the visa will be issued or denied. If it is issued but too late for arrival in Thailand it can either be ignored and allowed to expire or used at a later date as it will have a "use by" period of 90 days.

Just in case there is any query over where he was when the application was made he should retain the boarding card for the flight leaving his home country.

He is a Belgian citizen and applied for the 90-day Non Imm O (marriage) Visa more than 4 weeks ago.  After more than 3 weeks he received a request for additional documentation that he was still married to his Thai wife, to which he responded immediately. 

Needless to say that he is getting a bit nervous as his departure flight to Thailand is now Friday and he did not receive the eVisa yet.

Note that your suggestion to retain the boarding card for that departure flight when leaving Belgium, is not really needed as he would already receive a Thailand entry stamp by border-immigration on arrival.  If the eVisa is only issued after his arrival in Thailand, he will be confronted with the issue to prove that he APPLIED for the eVisa while still in Belgium when dong a border-run and the Border Official noticing that the eVisa was issued on a date when he was already in Thailand.

[Red Phoenix]

9 minutes ago, sandyf said:

Further to my previous post. In view of the circumstances he should be checking the application status on the website on a regular basis. The visa would normally be delivered by email but as soon as the status changes to "Available" it can be downloaded from the website.

It cannot be ruled out that email with the visa goes to the junk, or any other obscure folder and is overlooked.

Thanks, and indeed he should be checking the website on a regular basis and not wait for an e-mail to arrive as that could end up in a junk-folder.

[Red Phoenix]

3 minutes ago, sandyf said:

There should not have been any need for further evidence as Q9 on the application is quite specific on that point.

What is Q9?  If that is the application date as featured on the eVisa then there is indeed no issue at all.

[sandyf]

5 hours ago, Red Phoenix said:

Note that your suggestion to retain the boarding card for that departure flight when leaving Belgium, is not really needed as he would already receive a Thailand entry stamp by border-immigration on arrival. 

The entry stamp is irrelevant as it does not state where he came from.

If the visa is issued, the issue date will be very close to the flight date and the boarding card would indicate that he left Belgium as the visa was being processed.

 

[sandyf]

5 hours ago, Red Phoenix said:

What is Q9?  If that is the application date as featured on the eVisa then there is indeed no issue at all.

This is the text of Q9

 

9 . The letter from your spouse indicated that you both are still married and he/she acknowledges of your visit.

 

If the question is answered appropriately there should be no need for any further evidence.

The 4 main items that should appear in the letter are an address,  a telephone number, a date of arrival and a signature.

[Red Phoenix]

23 minutes ago, sandyf said:

The entry stamp is irrelevant as it does not state where he came from.

If the visa is issued, the issue date will be very close to the flight date and the boarding card would indicate that he left Belgium as the visa was being processed.

 

Yes, you are right and that would probably solve any issues he might encounter. Thanks!