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Posted

With a Non Immigrant visa O (marriage) or B, when extension times comes can either be extended using whatever criteria is able to be met, I know this use to be poissible, not sure if its still an option.

Ie can a B be extended based on meeting the marriage requirements.

Posted

This rule used to be applicable several years before but unfortunately, with every change of Immigration Commissioner, several Immigration rules also change. The general rule is that, if you possess a Non-immigrant O extension of stay visa based on support of a Thai National (marriage visa) and consequently obtained a work permit in Thailand, you may extend this under a Non-immigrant B visa category using the company documents and requirements under a business visa. You may also extend your Non-immigrant O extension of stay visa under the same Marriage visa category by showing income in Thailand using your work permit.

However, it does not apply the other way around. Generally, a Non-immigrant B extension of stay visa may not be extended under a Non-immigrant O visa category (marriage visa) even if you fully satisfy all the qualification and requirements. Technically, they view this route as a way of circumventing the requirements of a Non-immigrant B visa especially if you don’t meet the required revenue of the company and other financial requirements. They are aware that a Non-immigrant O visa requirements are much simpler and easy to fulfill, hence, they may refuse to extend it so and decide to investigate further on your company. This however, is subject to the officer’s discretion. There are cases that the Immigration Officer agrees to extend a Non-immigrant B visa into a non-immigrant O Marriage visa depending on how satisfied they are with the requirements as well as the reasons why you are extending it that way.

Bear in mind however, that the rules stated above only applies to extensions of stay (you have already been granted of 1 year extension at the immigration office under the same category). It does not apply to the Initial Non-immigrant B or O type visas that you have obtained from any Thai Embassy or Consulate outside of the kingdom. Three-month Non-immigrant visas can be extended in Thailand under any category (i.e. non-immigrant B visa extending to non-immigrant O marriage visa). However, once you have obtained the extension of stay for 1 year under non-immigrant B category, you may not extend it under non-immigrant O marriage visa category in the second year.

[sunbelt][/sunbelt]

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