Tulsi joins the party of Common Sense

[xxyy60]

Hello. I’m on non-immigrant “O”(marriage to thai spouse) visa. I like to bring my parents to stay with me on a long term basis.

Do they have to apply for retirement visa separately with the accompanying financial requirements (800,000baht) or could I bring them in as dependents on my existing “O” visa?

Is the police order dated 2551 the most current regarding this?

thanks

[Lite Beer]

If you have a 12 month extension of stay (not a Non O Visa) your parents can get 12 month extensions as your dependents.

Yes 777/2551 is the current document.

[xxyy60]

thanks for the fast reply

i'm currently into my 3rd year. the 1st year i had non-immigrant "O". then i put 400,000baht into a bank for 3 months and paid 1900baht at the immigration department subsequently. is this considered a new non-im "o" visa or a 12 month extension?

[Mario2008]

That is a one year extension of stay.

[lopburi3]

12 month extension of stay. "Thai Wife" may also be stamped in passport to further show the reason.

[xxyy60]

Besides the obvious documents showing parental-child relationship such as birth certificate, do my parents have to show other documents such as bank account in Thailand or overseas?

For their 12month extension, do they fill up TM7 and pay the 1900baht application fee? Or is there a separate form and procedure?

[Mario2008]

Same form and dependent s don't show any income or money in the bank, althou it is advisable to have a bankaccount in Thailand with some money in it to show immirgation if asked for. Some immirgation officers do a ask for this, but there is no fixed amount they want to see.

They will also want to see your permission to stay. Note that if your permission to stay in Thailand ends (Divorce, forget to extend on time, leaving withou a re-entry permit), so will theirs.

[lopburi3]

They will also require a non immigrant visa entry so provide them a copy of your passport/extension of stay to apply for that.

[waterskier]

How/where does the Police Order No 777/2551 address dependents ie spouses and parents? Since 2005 we have received 12 month extensions based on one of us being over 50 (bank deposit) and the other as a spousal dependent. Original Non Imm received in 2004. We are now being advised, as we are both over 50 that each of us requires individual extensions ie. 800,000 for each on deposit for 3 months

[lopburi3]

You are being advised wrong. Only one on a retirement extension of stay needs to have such financial proof - if there is a legal marriage the other can obtain normal dependent extension of stay. Section 2.20 as below (retirement is 2.22).

2.20 In the case of a family

member of an alien who has

been permitted temporary

stay under clauses 2.1, 2.2,

2.3, 2.5, 2.6,2.7, 2.10, 2.12,

2.13,2.4, 2.15, 2.16, 2.17,

2.21, 2.22,2.26,6.29 of this

Order (applicable only to

parents, spouse, child,

adopted child or child of

his/her spouse):

Permission will be

granted for a period of

not more than 1 year at a

time.

[Lite Beer]

2.20 In the case of a family

member of an alien who has been permitted temporary

stay under clauses 2.1, 2.2, 2.3, 2.5, 2.6,2.7, 2.10, 2.12, 2.13,2.4, 2.15, 2.16, 2.17,

2.21, 2.22,2.26,6.29 of this Order (applicable only to parents, spouse, child, adopted child or child of

his/her spouse):

Permission will be

granted for a period of

not more than 1 year at a time.

(1) The alien has obtained a temporary visa (NON-IM);

(2) Proof of family relationship;

(3) In the case of a spouse, the marital relationship shall be de

jure (legitimate) and de facto; or

(4) In the case of a child, adopted child or child of his/her spouse, the said person must not be married, must be living with the family, and must be less than 20 years of age; or

(5) In the case of a parent, the said person shall be 50 years of age or over.

[xxyy60]

They will also require a non immigrant visa entry so provide them a copy of your passport/extension of stay to apply for that.

lopburi3

if they get visa on arrival 1 month, and after they arrive in thailand and then we go to immigration to apply for extension of stay with the relevant documents, it will be rejected because they do not have non-im visa on arrival?

[Mario2008]

if they travel to Thailand without a visa they officially must show proof of onward travel within 30 days. If they don't have that, the airline can refuse them boarding.

Best is to get a non-immigrant O visa for them, based on visiting you (their family). In Thailand they then extend based on being your dependent. If they can't get the non-O, then have them apply for a tourist visa, so there won't be a problem with the airline. Once In Thailand they cna than try to convert to a non-immigrant.

[KimoMax]

A friend is Japanese over 50 years old with Thai wife on a Marriage Non-O Visa Extension of Stay.

He tried to get a dependent Visa for his elderly maternal Mother in Mae Sai and Chiang Mai. Both offices told him he must show seperate financial proof for his mother, and that he could not have a dependent Visa for her.

I know this is wrong according to the rules and tried to explain this to my friend (who speaks limited English) but either Immigration is not allowing ha dependent visa for his mom, or something is lost in translation.

I have given the rules to him and his Thai wife in both English and Tie regarding the Police order for Parent Dependent Visa.

This is just for info only, due to freidn unable to obtain dependent visa for his mother without her getting a seperate retirement visa. He has a Marriage Visa.

[lopburi3]

I was responding to post 9 with my post 10 and if you check the rules you will note that marriage extension of stay is not listed (section 2.18) as a valid reason for section 2.20 extension of stay.

So if here on retirement extension of stay parents can obtain dependent extension. If here on marriage to a Thai that would not be available but normal retirement extension of stay would be.

[KimoMax]

I was responding to post 9 with my post 10 and if you check the rules you will note that marriage extension of stay is not listed (section 2.18) as a valid reason for section 2.20 extension of stay.

So if here on retirement extension of stay parents can obtain dependent extension. If here on marriage to a Thai that would not be available but normal retirement extension of stay would be.

Thank you again Lopburi for clarifying. So would be cheaper money wise to have retirement visa, than a marriage visa plu a retirment for the parent.

400,000 for married + 800,000 or the equivelant monthly for each of these Visa's.

Thanks again :jap:

[surayu]

The main immigration office in Bangkok (Laksi), will decline your request for a "Dependant Visa" unless you have a work permit, i can't remember if you need to have hold the work permit for the previouses 3 years before the submittal of your request, but i am 100% sure about this requirement, the source is a police captain working in there....good luck!

[lopburi3]

Please explain how an office can refuse a dependent visa for someone "not having a work permit"? Dependent would not have a work permit and the person on a retirement extension of stay could not obtain one.

From your three year comment it would appear you may be thinking about application for Permeate Residence?

[waterskier]

To clarify, Surayu. You have been told that Clause 2.20 of the Police Order of 777/2551 as it refers to Clause 2.2 is not valid ie. Family member (spouse) of an alien with an extension of one year - based on retirment/Non IMM visa is NOT eligible for extension.

[surayu]

Please don't shoot the messenger After all i am only reporting back, perhaps it's just another case of immigration officers working at their best.

Basically the immigration captain in question, which at the time was in charge of all the staff working behind the desks serving "customers", at firts required a certified document which proved relationship, coming directly from abroad at a cost of 10.000 Bahts, then when the document was available, just said, "solly, the law has changed, my boss said cannot do", given her rank i didn't wanted to go further, i mean, what the heck you have to do in this country to obtain an effective service? going around chasing generals? maybe that's the reason why there are so many of them....

Bit off topic i know, but the "permeate residence" sound as an interesting and rather scientific way to reside in a country....i think i'll pass it for now thanks

[surayu]

Please explain how an office can refuse a dependent visa for someone "not having a work permit"? Dependent would not have a work permit

I am just reading back your post, i think there is a misunderstanding here.

The immigration were not asking to see a working permit from the dependant but from the person the dependant would depend from (the sponsor?), i hope it's clear now....

[lopburi3]

If on retirement extension of stay the spouse can obtain a dependent extension of stay under the provision posting in 10 and 11 above. It has nothing to do with work permits.

Believe you are thinking of dependent of person on Thai wife extension of stay rather than retirement?

[surayu]

Believe you are thinking of dependent of person on Thai wife extension of stay rather than retirement?

I was having in mind the situation the OP wrote about: " Hello. I’m on non-immigrant “O”(marriage to thai spouse) visa. I like to bring my parents to stay with me on a long term basis. "

[Lite Beer]

The OP appears to have an extension of stay based on marriage, not a Non Imm O Visa.

The OPs parents would be able to get 12 month extensions as his dependents whether he has a Work Permit or not.

[lopburi3]

But the thread, like so many, took a change in direction with post 9 and became a question of retirement.

Believe the OP would have to be on an extension of stay for employment for parents to be eligible under section 2.20 as it does not cover 2.18 (which is the spouse extension provision).

[surayu]

as it does not cover 2.18 (which is the spouse extension provision).

Does that mean that being the spouse of a thai citizen on an extension of stay based on marriage would not suffice for a dependant visa?

Just trying to understand how does it work exactly, but to my eyes seems there are contrasting opinions on this matter, so the more i read, the more confused i get

[lopburi3]

Under section 2.20 that appears to be what it would mean unless spouses extension was made for another reason; such as employment.

[surayu]

The OP appears to have an extension of stay based on marriage, not a Non Imm O Visa.

The OPs parents would be able to get 12 month extensions as his dependents whether he has a Work Permit or not.

That makes perfect sense.

Just wondering what would be the best legal way to find a remedy to an immigration officer that for whatever reason decide to apply his own personal laws instead of the standard law.....

Probably relocating to a different area and apply there instead might be a solution....does anyone have a better idea? This can be usefull as many people are very likely to end up in a similar messy situation

[Mario2008]

As Lopburi said, when on an extension of stay based on marriage to a Thai, your parents do not qualify for an extension on stay as a dependent. But a work permit is not necesarry, only when on an extension of stay based on employement. An extension based on retirrement for instance does allow ones parents to apply as dependents.

The parent must be older than 50 years.

[Lite Beer]

Just a thought. If someone has an extension based on retirement their parents must be getting on a bit.