Visa Legal Or Not?

[erco]

Please could someone answer this question.

I have lived in Thailand for 4 years, I wish to renew my Non "O" Visa but cannot be bothered to go back to England.

If I post my passport back to England get my NON "O" Visa get it posted back to Thailand then take a short holiday to say Phnom Pen and get my Visa activated on my return to BKK airport, will this be legal.

[jayrockwell]

It's a question I've seen asked a good few times, the issues were as I remember,

-You need to have your passport with you/available at all times whilst in Thailand**.

-Would the Thai Consulate in UK issue you a visa when they see you are still in Thailand.

What were the other reasons?

Why shouldn't you apply for your visa by post? In the UK you could.

**What happens if you apply for a US (or whatever) do they keep your passport for the night whilst they process the app., same thing (ok, yours would be away for a week or two), but you'd still have all the passport/paperwork copies showing that you'd sent the app. off. You could get a copy of your passport certified as true and correct at Immigration for carrying. You might get away with it.

Erco, perhaps you should be the one to try it out, let us know how you get on.

J

[Thetyim]

Yes you can do this. I know someone who did it.

He emailed the consulate in UK first and they agreed to it beforehand

He then went to Mai Sai and got stamped in and out with no questions asked. I cannot comment if it is legal or not.

AS for having your passport on you all the time. I have just submitted a passport application in Chiang Mai, they must keep my old PP and the new one will arrive in two weeks. I only have a copy.

[george]

It is illegal by Thai law to send passports for obtaining a Thai visa abroad while the passport holder is in Thailand.

How do you explain to Immigration how you get the visa when the Thai entry stamp says that you have been in the Kingdom on the visa issuing date?

The postal "trick" worked out fine in the past, but the border Immigration guys in brown are more alert since the recent visa crackdowns in Thailand.

Don't do it!

[huski]

How do you explain to Immigration how you get the visa when the Thai entry stamp says that you have been in the Kingdom on the visa issuing date?

thats right, and every single time you show that passport to immigration from that point on there is a chance you could run in to problems.

its illegal to send your passport out for a thai visa from within thailand whether it is you or a visa service.

[jayrockwell]

It is illegal by Thai law to send passports for obtaining a Thai visa abroad while the passport holder is in Thailand.

Which Law, what section, states what?

How do you explain to Immigration how you get the visa when the Thai entry stamp says that you have been in the Kingdom on the visa issuing date?

You tell them that a postal app. was made following confirmation from the UK Consulate, who wouldn't have issued the Visa if it was illegal would they.

its illegal to send your passport out for a thai visa from within thailand whether it is you or a visa service.

What is your basis to state that it is illegal?

Nowhere on the Visa Application Form, Notes, website of the UK Consulates does it state that an application cannot be made whilst in Thailand.

Only that an application must be made to a Consulate outside Thailand, but there is no other option, all the Consulates are outside Thailand.

Let's see of we can put this one to bed once and for all, hard facts anyone?

J

[huski]

oh i see, you must have been living in saddam's bunker for the last few months or just don't get out much...

its illegal to send your passport out for a thai visa from within thailand whether it is you or a visa service.

What is your basis to state that it is illegal?

Report fake border stamps, expats told

Pol Col Montri Kosiyasathit, Deputy Commander of Immigration Police Bureau 1, Visa Extension Division, is also warning foreigners not to turn their passports over to tour operators or other companies offering travel-free entry and exit stamps or visa extensions.

All such services, he said, are illegal.

Only that an application must be made to a Consulate outside Thailand, but there is no other option, all the Consulates are outside Thailand.

no options? you get your lazy ass on a bus or plane and get your visa from a Thai consulate outside Thailand.

[jayrockwell]

Report fake border stamps, expats told

Pol Col Montri Kosiyasathit, Deputy Commander of Immigration Police Bureau 1, Visa Extension Division, is also warning foreigners not to turn their passports over to tour operators or other companies offering travel-free entry and exit stamps or visa extensions.

All such services, he said, are illegal.

I think you're confused, we are talking about obtaining a visa, not doing a visa-run or attempting to get a false entry/exit stamp by sending our passport on a journey we never made.

no options? you get your lazy ass on a bus or plane and get your visa from a Thai consulate outside Thailand.

My lazy ass did go and get it's visa outside Thailand. Erco asked us a question, and I am trying to give him an answer based on facts.

J

[sbk]

Maybe this is a stupid question but why in the world would you need to leave the country to renew your non-o visa? I have had a non-o (marriage) visa continuously for the past 11 years and have never had to leave to renew, I just take my passport and all the documents to support my application to immigration. Are there different non-o's with different requirements?

[huski]

Maybe this is a stupid question but why in the world would you need to leave the country to renew your non-o visa? I have had a non-o (marriage) visa continuously for the past 11 years and have never had to leave to renew, I just take my passport and all the documents to support my application to immigration. Are there different non-o's with different requirements?

You may have been granted 11 one year visa extensions based on a NON IMMIGRANT O Visa . With a one year extension there is no requirement to leave Thailand, only report your address every 90 days to THAI Immigration.

jay,

I don't think you can legally send your passport FROM Thailand to a THAI Embassy or have anyone do it for you. Your passport, with you physically present, MUST be stamped with an exit stamp from THAI Immigration when it leaves Thailand.

[dr_Pat_Pong]

its illegal to send your passport out for a thai visa from within thailand whether it is you or a visa service.

What is your basis to state that it is illegal?

The believers might like to phone the Consular Affairs Section of the Thai Ministry of Foreign Affairs and ask whether it is legal Tel 02 981 7171 Fax 02 575 1038. You'll find that it is illegal.

[johninbkk2000]

I once did it a few years ago. Send my passport out, got a Non Immigrant year visa (B-multiple entry) and had it shipped back to me. A small problem occurred later when I had to apply for a workpermit. I had to visit Immigration and the immigration officer checked the visa. He asked me how I got this visa and I told him honestly that I applied for it by mail (DHL). He than took my passport upstairs to talk to his superiors and came back in about a half an hour. He told me that I could not get a workpermit on this visa and that I had to leave the country for a new visa. However he did NOT put any remarks in my passport and also did NOT cross out this visa which was still valid for 6 months. So if I decided not to proceed with a workpermit I still could use this visa. If it was illegal he would have thrown me in jail or otherwise would have charged me overstay. This did not happen at all.

Another story of a friend of mine who also send out his passport for a visa was halted at an immigration checkpoint because the immigration officer saw that he also did not have departure/entry stamps regarding this visa. After some conversation and the officer calling to Bangkok Immigration he let my friend enter the country on this visa without any problem

It is strange, but maybe this is a grey area.

By the way, I have never ever seen a statement from immigration that this is illegal.

John

[dr_Pat_Pong]

its illegal to send your passport out for a thai visa from within thailand whether it is you or a visa service.

What is your basis to state that it is illegal?

The believers might like to phone the Consular Affairs Section of the Thai Ministry of Foreign Affairs and ask whether it is legal Tel 02 981 7171 Fax 02 575 1038. You'll find that it is illegal.

Phoning MFA is an option if you want to be certain

[sbk]

Sounds like all these stories happened awhile ago, I have the feeling that with the latest crackdown on immigration the grey areas have now disappeared. Not something you would want to gamble on really, call the MFA, I did once and they do speak english well enough to answer your questions. (In my case the answer was, "not here, we don't do that"! oh well)

[Axel]

Let's tackle this from the other side as well. Discuss it with the owner of the passport, if you get permission to mail it out of Thailand.

Bear in mind, you are the holder, the owner is your government. So a contact to your embassy could solve the problem. Usually, the embassies are quite strict telling you it is not allowed. (I asked mine b4)

[monty]

It is strange, but maybe this is a grey area.

By the way, I have never ever seen a statement from immigration that this is illegal.

There is one very important thing in the Thai immigration law, to approve something or not (extension of stay, entry, whatever) is not only up to to the law but also up to the "discretion of the immigration officer".

I once got two times 30 days extension on a tourist visa, eventhough you're supposed to get two times 15 days when you get your second extension...

This discretion thing effectively creates a "grey area". It's not because one guy gets away with something, another is going to!!!

[KevinN]

I do not understand why ther need to leave the contry,I am on my third non "O" and I just go to BKK immig.and in an hour I leave there with a renew good for another year. and if you want to go out of country for a short vacation,just get a new one while on vacation.

Very simple and you do not mail your Passport anywhere.

[dr_Pat_Pong]

Axel....they won't check. They'll go on blindly repeating the pub myths and fairytales.

[mijan24]

Dr PP I have read and reread the thread & feel you have hit the nail on the head a simple phone call will provide the hard facts being requested.

One question I have is{the comments offered by SBK seem to be correct} so what type of non immg type "O" visa will allow you to remain in Thailand for 4 years ? and then it would seem by the iniating poster the requirement is to renew the non immg Type "O" visa? (not change class but renew?).

[dr_Pat_Pong]

He didn't say much about his existing visa, and whether his original visa was extended, or whether he has been getting a new multi entry outside Thailand It is quite strange really, were it a valid O visa based on marriage/support or retirement, it'd be annually extendable inside Thailand, and he wouldn't need to go abroad. For some reason now there's a problem and he has to get a new multiple entry O visa from outside Thailand. It is a bit of a puzzle.

[thaitanic]

I've obtained a couple of my non-B visas from the UK (Liverpool) by DHL while I was in Phuket. I never had a problem until a couple of weeks ago when I did a visa run to Burma (Ranong-Khao Thaung). The immigration officer noticed that my entry/exit stamps didn't fit, and I kind of waffled a bit. I then spoke a few words of Thai and I think that's what saved me, plus the big queue behind me. I'll be off to Penang to get my next visa.

[dr_Pat_Pong]

I'll be off to Penang to get my next visa.

A wise decision Thaitanic. Very wise indeed. Immigration is looking these days.

[Rangsit]

Dr. PP, I've got a Non-Immigrant multiple entry "O" visa issued last year in Australia (Thai wife). At the bottom of the stamp it reads "Extension Of Stay Not Permitted"

Does this mean that l have to leave Thailand to get a new visa?

[dr_Pat_Pong]

Unless you get a one year extension in Thailand, yes you do. You'll need another multi. Why haven't you applied for the extension ?

[erco]

Hi

Glad to see a lot of discussion. Thought I would clarify my situation.

I have always had an "O" Visa and also left the country evry 90 days. My current Visa has run out so I took a hoiliday to Kuala Lumpur to renew but only got a 90 day Visa. I then went to Phnom Pen but was told they were only giving the same.

I am not married and do not want to just to get a 1 year Visa and I am not of retirement age although I can prove income in England. Its just that I think it a waste of time and money to go back to England just to get a 1 year Visa.

I have been here now for 4 years with absolutely no problems.

Regards Erco

[dr_Pat_Pong]

Try Australia Erco. Not as far as the UK. The regional Thai Embassies and Consulates, are pretty anti issuing multi's.

[Rangsit]

Doc, how can l apply for an extension if my visa says "Extension of Stay Not Permitted" Thought this meant l had to apply outside of Thailand for a new one year "O" m/entry.

Re: applying for a multiple entry visa in Australia, my experience was that l went to my local Australian Consulate with my marriage certificate + a photocopy. Took a couple of minutes to fill out the application, gave it to the girl at the counter who took a look at it and said "You're married to a Thai? No problem, and you have a photocopy already? I could have made a copy for you. That will be $60(?) please."

Went back two days later, the Aussie man l saw gave me my passport and said "because you're married to a Thai we've given you a multiple entry visa, they're the best sort" How easy was that?

[huski]

Doc, how can l apply for an extension if my visa says "Extension of Stay Not Permitted" Thought this meant l had to apply outside of Thailand for a new one year "O" m/entry.

"Extension of Stay Not Permitted", is usually stamped at the bottom of most visas. It is still possible to get an extension from THAI Immigration.

Went back two days later, the Aussie man l saw gave me my passport and said "because you're married to a Thai we've given you a multiple entry visa, they're the best sort" How easy was that

You are still required to leave Thailand every 90 days even though your visa may be for a year.

Take your new visa and wife with all your paperwork, marriage certificate, bank letter etc. and go to Thai Immigration here in Thailand. If approved you will be granted a one year extension which will allow you to stay indefinitly with extensions. You are required to report your local address in Thailand every 90 days to Thai Immigration. Also get a RE ENTRY Permit so that if you leave Thailand your extension will stay valid upon return.

3 continuous years of these types of one year extensions will qualify you to apply for Permanent Residence.

[dr_Pat_Pong]

Doc, how can l apply for an extension if my visa says "Extension of Stay Not Permitted" Thought this meant l had to apply outside of Thailand for a new one year "O" m/entry.

"Extension of Stay Not Permitted", is usually stamped at the bottom of most visas. It is still possible to get an extension from THAI Immigration.

Went back two days later, the Aussie man l saw gave me my passport and said "because you're married to a Thai we've given you a multiple entry visa, they're the best sort" How easy was that

You are still required to leave Thailand every 90 days even though your visa may be for a year.

Take your new visa and wife with all your paperwork, marriage certificate, bank letter etc. and go to Thai Immigration here in Thailand. If approved you will be granted a one year extension which will allow you to stay indefinitly with extensions. You are required to report your local address in Thailand every 90 days to Thai Immigration. Also get a RE ENTRY Permit so that if you leave Thailand your extension will stay valid upon return.

3 continuous years of these types of one year extensions will qualify you to apply for Permanent Residence.

All excellent advice.

Where did you get your Thai visa ?

[lopburi3]

Doc, how can l apply for an extension if my visa says "Extension of Stay Not Permitted" Thought this meant l had to apply outside of Thailand for a new one year "O" m/entry.

Believe huski answered your question well. That phrase seems to be intended to show you can not go to immigration and get 'another 30 days' as with a tourist visa rather than as how you (and many others take it). Have had consulates ask if I wanted them to forget to stamp it.

If you qualify for extension of stay for support of wife (money in bank or income of 200k) you can just extend on a yearly basis.

If not you will need to take copies of marriage certificate(maybe copy of wife's id card) and perhaps letter from her that you live together (or go with her) to home country (or Penang for a good close place) for another multi entry visa every 14-15 months.