What steps to take to change from Non Imm ED Visa to Non Imm O for reason of Marriage

[Red Phoenix]

Someone I know is staying in Thailand on a Permission to stay based on his Non Imm Ed Visa. 

As he is married to a Thai national he wants to change to a Non Imm O Visa for reason of marriage.

What are the steps he needs to make for doing this? 

Thanks in advance for any response.

[FriendlyFarang]

He can't change the type of his non-immigrant visa, but it's also not necessary

He simply applies for a one year extension for being married to a Thai.

[DrJack54]

Short thread here with good advice from BritTim.

 

https://aseannow.com/topic/1288406-how-to-change-from-ed-visa-to-marriage-visa/

[Red Phoenix]

@DrJack54 @BritTim > Many thanks for response to my query!

An additional question here...

 

When doing a search for Non-ED on the Forum I came across this Sept 27, 2022 thread:

> https://aseannow.com/topic/1273037-cancellation-of-non-ed-extension-before-applying-for-non-b-90-days/#comment-17629814 

In essence it states that you need to have the Permission to stay based on that Non-ED Visa cancelled at your local Imm Office in order to avoid potential later problems. 

As the advice was given by UbonJoe (probably one of his last posts before his sad demise), I would not cast it aside thoughtlessly.

 

For my friend there are two options:

#1 - Simply applying at his local Imm Office for the 1-year extension of stay for reason of Marriage during the last month of his current Non-ED Permission to stay. 

> Possibly the local Imm Office would automatically cancel that previous Permission to stay.  But they might need an official termination letter from the ED institute. 

#2 - Exiting Thailand during the last month of his current Non-ED Permission to stay, and applying for the 1-year ME Non Imm O Visa for reason of marriage at the Savannakhet consulate. 

 

> Any information about the necessity of cancellation of that previous Non-ED based Permission to stay in both of these case would be appreciated. Thanks in advance.

 

[BritTim]

The right way of doing it is just to apply for the new extension based on marriage. The most common problem when not cancelling, especially if this is a formal course, is that Immigration at a land border may not let you leave. When applying for a new extension, the official might request a termination letter from the school, but this is only likely if terminating a permission to stay based on study at a formal school like a university. In that case, they may want to confirm that you have really been studying (a requirement for the previous permission to stay).

[Red Phoenix]

On 9/17/2023 at 12:12 PM, BritTim said:

The right way of doing it is just to apply for the new extension based on marriage. The most common problem when not cancelling, especially if this is a formal course, is that Immigration at a land border may not let you leave. When applying for a new extension, the official might request a termination letter from the school, but this is only likely if terminating a permission to stay based on study at a formal school like a university. In that case, they may want to confirm that you have really been studying (a requirement for the previous permission to stay).

HI @BritTim > Thanks again for your earlier clear response.

I have one additional question:

From further information my acquaintance provided, it turns out that he applied for a 90-day Non Imm O ED Visa in his home-country, and that he just re-entered Thailand on that ED Visa.  And he now wants to apply for a 1-year extension at his local Imm Office but that extension for a different REASON (marriage as he was married in Thailand last year). 

Is that possible?

Reason for my question being that I know in the case of a Non Imm O-A Visa that you cannot change the reason for your 1-year extension to marriage, when you apply first time for a 1-year extension from such Non Imm O-A Visa, and it is only after having applied for the 1-year extension for reason of retirement based on that Non Imm O-A Visa, that Immigration then allows you for your next extension to switch from retirement to marriage.

But maybe that restriction is not applicable when applying for a 1-year extension for reason of marriage in the last month of his 90-day Non Imm O ED Visa.   

Thanks in advance for any response on this query.

[BritTim]

10 hours ago, Red Phoenix said:

From further information my acquaintance provided, it turns out that he applied for a 90-day Non Imm O ED Visa in his home-country, and that he just re-entered Thailand on that ED Visa.  And he now wants to apply for a 1-year extension at his local Imm Office but that extension for a different REASON (marriage as he was married in Thailand last year). 

Is that possible?

While it depends on the individual immigration office, usually that is not possible, even though the regulations would seem to allow it. They seem to feel that immediately applying for an extension that contradicts your justification for your initial visa is improper. A visa run for a single entry Non O visa based on marriage, followed then by extensions based on marriage would be my choice.

[Tod Daniels]

15 hours ago, Red Phoenix said:

I have one additional question:

From further information my acquaintance provided, it turns out that he applied for a 90-day Non Imm O ED Visa in his home-country, and that he just re-entered Thailand on that ED Visa.  And he now wants to apply for a 1-year extension at his local Imm Office but that extension for a different REASON (marriage as he was married in Thailand last year). 

Is that possible?

 

Sadly no, you have to apply for the FIRST extension on a visa for the reason you got the visa <- in this case he's on a Non-ED visa so he has to get at least the FIRST extension (90 days) based on education, THEN he could change the reason for the extension, by cancelling the extension he has with a letter from the school and immediately applying for a new yearly extension by meeting the proof of funds and document requirements for an extension based on marriage to a thai.

 

[Red Phoenix]

6 minutes ago, Tod Daniels said:

Sadly no, you have to apply for the FIRST extension on a visa for the reason you got the visa <- in this case he's on a Non-ED visa so he has to get at least the FIRST extension (90 days) based on education, THEN he could change the reason for the extension, by cancelling the extension he has with a letter from the school and immediately applying for a new yearly extension by meeting the proof of funds and document requirements for an extension based on marriage to a thai.

Many thanks!  It is crystal clear now what he needs to do. 

A worthwhile alternative could also be for him to exit Thailand without a Re-Entry Permit and apply at the Thai Consulate in Savannakhet for a SingleEntry or MultipleEntry Non Imm O Visa for reason of marriage. 

In that case I presume he also needs to cancel the Permission to stay from his current Non Imm O ED Visa at his local Imm Office by presenting them with a letter from the school of him terminating the course.  At least that's how I interpret UbonJoe's recommendation to avoid being refused exiting Thailand for not being able to provide proof of having followed the Courses that his Non Imm O ED Visa requires him to do.

[BritTim]

3 hours ago, Red Phoenix said:

In that case I presume he also needs to cancel the Permission to stay from his current Non Imm O ED Visa at his local Imm Office by presenting them with a letter from the school of him terminating the course.  At least that's how I interpret UbonJoe's recommendation to avoid being refused exiting Thailand for not being able to provide proof of having followed the Courses that his Non Imm O ED Visa requires him to do.

No, there is no need for a formal cancellation of a permission to stay from entering with a visa. The permission to stay is not dependant on his actually being enrolled in a course. He is free is stay or leave during the 90 days from the entry using the Non Ed.