Visa Options?

[heydan]

Hi, I'm a long time reader (first time poster - I think) to thaivisa.

How is this for a story?

I am a 35yo New Zealander and have been living in Thailand for the past 3 years on a non-immigrant O with my British wife who has a work permit. I got my visa based on being married to her, and she had an offer of work. Since then we have remained with this setup as my source of income (as limited as it is) comes from outside of Thailand. The current extension on my visa expires in July.

My passport is due to expire in a few months, and so I applied for a new one last month. As I needed another Kiwi, who has known me at least two years, to witness the application, it was recommended that I apply directly to New Zealand, via my friend, as is normal (apparently). Anyway, my friend couriered my passports to me last week, and after taking nearly a week for the package to actually leave NZ (go figure) it is now stuck at customs here in Thailand and could take another week to clear.

All, good and fun so far .... so far all that is concerning is whether I will get my passport before my 90 day report next week. but ... a short while ago, my wife decided that she wanted to separate, and this weekend she informed me that she has left her job and is leaving to return to the UK today! I believe that I have a few days to leave the country after she finishes work, but also I believe that as our visas are linked (we applied for them together based on her having a job offer and me being married to her) that my visa expires today and I must leave the country today. I REALLY do hope that I believe incorrectly!

Obviously I can't leave the country without a passport, and DHL are doing what they can to free up my passport, but it could still take a week! Also, I'm expected to at least tidy up our affairs here, and to be honest, I'm not actually keen to leave yet! I have been pursuing returning to university, and this topic was supposed to be about whether I can recategorise my current visa as an education visa, but things have taken a sudden twist!

Does anyone know any immigration options for 'circumstances outside your control' or something that will allow me some freedom of time to sort things out, receive my passport, and possibly even recategorise to an education visa? I did know of a Philipino family, a few years back, who were staying here on 30 day visa runs to Cambodia. When she fell pregnant, she received some sort of allowance to avoid doing visa runs while pregnant and while the child was young. Anyone know anything about any of this? Any ideas?

If nothing else, you are more than welcome to have a good ole laugh at the most unbelievable of stories!

Thanks,

Hayden

[QED]

Wow - sounds like the sh1t really has hit the fan.

I'm a bit confused - you say you are on a non immigrant o visa, but then talk about 90 day reporting. Which is it, non-o or extension as dependant? When is your next report/ border run due? If an extension, wha documents do you need for your 90 day reporting? Any chance of being a little economical with the truth?

DO NOT admit to immigration that your passport is in transit, what you have done is illegal and will get you locked up in the IDC (Immigration Detention Centre) quicker than you can say 'strewth'.

Ed visa is pretty simple, there's an ad flashing at me at the top of this page. Land based visa runs will only get you 15 days nowadays, but there is no limit as to how many times you can do it (although I would bet you will be pretty fed up with that game after a couple of months).

Give us a bit more info and I am sure that those smarter than me will have a solution.

[lopburi3]

We aren't pregnant (are you?). No, you do not qualify for special consideration.

Actually there is no free time to leave. When employment ends the stay ends unless you extend for 7 days. But that is not an option for you now. I would make a quick exit asap after getting passport and hope they have not matched files up. You may be able to exit and then return to start you education visa process without incident. If not be prepared to pay 500 baht per day overstay from end of wife employment when you leave. Once you are on overstay it becomes very difficult to change status or extend.

[Mario2008]

You're right. The moment your wife leaves the country and/or your relationship is terminated (no longer living together, you would need to leave the country. You could get an extension of stay of 7 days, but you don't have your passport.

Without your passport you can't do anything. I suggest use the time you have to set yourself to go as soon as your passport arrives. Immigration might question you about your passport and can demand a letter from your embassy stating you have gotten a new passport.

[heydan]

Thanks all for your replies. Nought much helpful, but I didn't expect that there would be.

QED - I'm not sure what more info you are looking for. I thought I had given everything relevant, and certainly haven't avoided any truth (edit: whoops - sorry - just reread your post and noticed that you were not referring to me having already been economical with the truth in my initial post ).

Basically, 3 years ago, we both got Non-immigrant visas (mine is category O) based on my wife being offered work. Ever since, we need to go into immigration (well our passports do) every 90 days to report our address or whatever it is about. Each year, my wife's workplace organises an extention to our visas based on her work permit, for which I must physically be present at immigration for.

Well, I'm hoping that DHL/customs cand sort something a little quicker than another week for delivery!

Hayden

[Maestro]

Your passport being held up in DHL/customs puzzles me. Living in Thailand you would normally have applied for a new passport at the NZ embassy in Bangkok, I believe. Even if the embassy had to get your new passport from New Zealand, I can’t imagine Thai customs delaying the delivery of a diplomatic pouch to the embassy.

Aside from that, the embassy let's you keep your old passport while you wait for the new one to be ready.

--

Maestro

[heydan]

Your passport being held up in DHL/customs puzzles me. Living in Thailand you would normally have applied for a new passport at the NZ embassy in Bangkok, I believe. Even if the embassy had to get your new passport from New Zealand, I can’t imagine Thai customs delaying the delivery of a diplomatic pouch to the embassy.

Aside from that, the embassy let's you keep your old passport while you wait for the new one to be ready.

--

Maestro

Yeah, that would have been good! I first looked at going through the embassy as an option, but to apply for a passport, I need a new Zealand witness who has known me at least two years who is not family. The NZ embassy suggested sending it all via a friend in NZ to process as this is quite a normal option - it's also a lot cheaper!

In hind sight, with this difficulty with delivery, it would probably have been better to get the docs from the embassy here, send them to someone in NZ, get them to send the papers back here and then apply for the passport through the embassy ...

EXCEPT ...

also with hind sight, I would not have received the new passport back yet (slower processing time than doing it yourself) so I would now be sitting here with my old passport, with my new one on it's way to BKK, with less than 6 months validity remaining on my old passport, and so no where to go and nothing I could do visa wise to remain in Thailand. I guess I would have had the option available to leave today for new Zealand - but that would not have helped in finding time to tidy up our affairs here or to look at opportunities to stay on here.

Time for another question ...

If I am to receive my passport tomorrow and head for Cambodia, having only over stayed by one day, should I have much trouble getting back into Thailand for a 15 day visa?

Hayden

[lopburi3]

Should not be a problem if you do not get stopped on your way out by a regular police patrol checking passports - not likely to happen but does occasionally.

[Maestro]

...to apply for a passport, I need a new Zealand witness who has known me at least two years who is not family...

Now I understand.

Some countries have funny procedures for the application of a new passport. Rather than accept the old passport, issued by the government, as sufficient proof, they rely on the word of an acquaintance of the applicant. It’s a slight improvement of the old British system, though.

--

Maestro

[heydan]

Some countries have funny procedures for the application of a new passport. Rather than accept the old passport, issued by the government, as sufficient proof, they rely on the word of an acquaintance of the applicant....

Yeah, I asked them about that - it seemed awfully weird to be renewing my existing passport, and my passport was not sufficient proof of identity, and yet a friend writing my name in his hand writing on the back of a photo of me IS sufficient proof of identity ...

[Maestro]

If it is a question of certification that the photo you submit is really the photo of you, I believe at the British consulate a consular official will give this certification if you show up in person so that the official can compare the photo with your face.

--

Maestro

[TerryLH]

"I'm a bit confused - you say you are on a non immigrant o visa, but then talk about 90 day reporting. Which is it, non-o or extension as dependant? When is your next report/ border run due? If an extension, wha documents do you need for your 90 day reporting? Any chance of being a little economical with the truth?"

I thought the OP was pretty clear about his situation.

So, because you're confused you think he's fibbing?

"DO NOT admit to immigration that your passport is in transit, what you have done is illegal and will get you locked up in the IDC (Immigration Detention Centre) quicker than you can say 'strewth'."

What did he do that is illegal? You should probably read the post again.