Please Help - Will I Be Allowed To Back In Thailand?

[scottydel]

Hello,

I'm a 34-year-old American. I've searched around for an answer here, but couldn't quite find one. I also just came from Thai Immigration in Krabi, and they weren't much help.

I have a 1-year-old son in Krabi that I am taking care of every day (live on a developing island with his family). I have been in the country almost 90 days, and have used 3 visa exempt stamps. I recently became aware of the new 90-day rule, in that after my 90 days of visa exempt stamps, I cannot be issued another visa exempt stamp for another 90 days, and I am supposed to be out of the country for 90 days. But can I be issued a proper visa for the second consecutive 90 days?

I plan on going to Penang in a couple days and apply for a visa there. Not sure if it will be tourist or non-imm., but any will do. But will they issue me one because I have already been in the country 90 days on 3 successive visa exempt stamps? Or will they refuse and insist I stay out of the country for 90 days?

I guess I'm not sure if the 90-day rule only applies to visa exempt stamps, or if during one 180-day period, you can combine 90 days of visa exempt stamps and 90 days of propers visas to work around the rule, if that makes sense.

ANY advice would be apprecaited to help me stay in the country legally, as I'm currently babysitting every day, and do not want to head to Penang until I know if I can return to Thailand. Family would certainly be "shocked" if I just suddently didn't come back from this "visa run".

I plan on staying here another 6 months or so before hopefully returning with mom and son for a visit to the states. General plan is I will be babysitting every day until we can leave for the USA (family works). I did not know about the new 90 day rule before I left the states, thought I could get successive visa exempt stamps for long enough. Next time I'll apply for a 1-year visa before I leave. But any thoughts on how to get out of this fix (I think I'm in) now?

Thanks a bunch,

Scott

[Crossy]

Don't panic. The 90 day rule applies only to visa-exempt travellers so once you have a visa you'll have no issues. BTW, it's 90 days in six months (not 180 days), it can make a difference.

You'll certainly be able to get a single entry tourist visa in Penang, not sure if they're doing doubles at the moment, that will get you 60 days on entry and you can usually get another 30 by visiting immigration (1900 Baht).

Edited January 28, 2008 by Crossy

[lopburi3]

The rule is not more than 90 days visa exempt entry in a six month period.

You can still enter/stay on a visa entry.

There is a provision for staying an extra 60 days to visit wife/child available one time. You could try asking for that at the immigration office and ask to stay under that (7.23) provision. Cost would be 1,900 baht plus copy of birth certificate, current 4x6cm photo.

If you name is on birth certificate (assume you are not married) take that and a copy, and a letter from mother if you can, and suspect Penang will issue a non immigrant O visa for a visit of 90 days.

[Crossy]

There is a provision for staying an extra 60 days to visit wife/child available one time. You could try asking for that at the immigration office and ask to stay under that (7.23) provision. Cost would be 1,900 baht plus copy of birth certificate, current 4x6cm photo.

Good point Lop forgot that one. Can he get this extension to a visa exempt entry or does it have to be on a 'proper' visa?

[scottydel]

Thanks for all of the responses Crossy and Lop! I was a bit panic-stricken, but am not now

We are still working on getting my name on the birth certificate (correct, we are not married), that process is kinda lost in the shuffle now. Been to the "district office" and they photocopied my passport and mom's ID, and the current birth certificate. Haven't heard back from them, I'm not sure why...it's been a couple months.

If I head to Penang (or immigration) again in a couple (or few) months, I will hopefully have my name on it by then, and take your advice and either head to immigration for a mother/son extension, or shoot for the non-imm. O 90 day visa.

Thanks again....feeling relieved!

-Scott

p.s. I thought I remebered reading on this site that it was 90/180 days, not six months. Are you sure about that?

[jstumbo]

p.s. I thought I remebered reading on this site that it was 90/180 days, not six months. Are you sure about that?

Absolutely 90 days in 6 months not 180 days. It has caught some people out because they do 3 border runs for 30 days each on visa exempt stamps, then get a 60 day tourist visa, extend it 30 more days, and then they fall around a week short of being able to get their next 30 day exempt stamp. Plus if you just make a border run you lose a day because the day of the border run counts as the last day on one exempt stamp and the first day on the next one, causing it to count twice.

Edited January 28, 2008 by jstumbo

[scottydel]

Cool....thanks for clarifying