Dependant Visa Problem - Would Welcome Some Advice.

[MHM]

I am posting on behalf of some very good friends who have been of great personal support to me over a difficult time. I would like to return the favour and ask for advice from the Thai Visa community in order to try and help them.

Doris and Rob are both holders of British passports. They have both been in Thailand on Tourist visas but want to make there time here more permanent. Doris is 52 and therefore eligible for a Retirement visa and 800,000 Baht has been in her bank account since March 2012. Rob is 46. Kanchanaburi Immigration advised them to travel to Laos and apply to have their Tourist Visas changed into Non O visas. On arrival they were told they didn’t have the correct paperwork from the bank confirming the 800,000 Baht and they were told to come back to Thailand to get a different letter from the bank. They consulted the local Immigration office again and were told that Doris could in fact change her tourist visa to a Non O visa there and then they would issue a Retirement visa. (Why they weren’t told that in the 1^st place is unclear). Rob now needed to apply for a Non O visa and apply using his status as dependent on his wife. A Trailing Spouse/ Dependent visa – I have myself applied for that and it was very easy and unproblematic. This no longer seems the case. He was told to apply in Bangkok and both Doris and Rob went. Once again they were knocked back and told that Kanchanaburi hadn’t read the new regulations and that Bangkok could no longer do this. We went back to the Immigration office in Kanchanaburi and even took an interpreter so that we were certain to get the correct information. Rob was told to leave the country to apply for a Non O and was given a list of all documents required. This was checked by the local immigration office and confirmed as correct. Rob went to Laos yesterday and was once again knocked back. He had the phone number of the Kanchanaburi Immigration officer who has been advising him and even after she talked with the Thai consulate in Laos they still would not issue him with a non O visa. Ron is coming back to Thailand now with another Tourist visa.

The reasons for not issuing the visa are;

The 800,000 Baht must be in the bank for 6 months and not 3. Is this correct?

Rob needs a letter from the British embassy saying that he is retired! He cannot apply for a retirement visa – Rob isn’t old enough, he is blue in the face explaining this to immigration staff. All he wants is a trailing spouse or dependent visa given that his wife has been issued with her 1 year Retirement visa.

After a very long story – the key question is… Is it possible to change a Tourist visa to a Non O visa if you are a dependent of someone who has already been issued with a Retirement visa?

Many, many thanks to anyone who got to the end of this story or can offer any practical advice. It would be much appreciated.

[lopburi3]

The requirement is that one have a retirement extension of stay so until Doris obtains that (during last 30 days of new non immigrant O visa entry) husband should obtain a tourist visa for stay. Once the retirement extension of stay is in her passport husband can use that to obtain a single non immigrant O visa and then obtain matching extension of stay from immigration.

[MHM]

Doris has got retirement visa stamped in her passport but the consulate in Laos said that the 800,000 Baht now has to be in the bank for 6 months for Rob to be able to change his tourist visa into an O visa.

[Mario2008]

Go to another consulate.

As Lopburi3 pointed out, wat till your wife is on a 1 year extension of stay from immigration. She can apply after 60 days being here on her non-O visa.

With proof of marriage and her being on the 1 year extension of stay you can than apply for a non-O visa yourself in a neighbouring country.

[lopburi3]

Are you sure she has a retirement extension of stay (it is not a visa)? The non immigrant O visa costs 2,000 baht and the TM.7 extension of stay another 1,900 baht and is not normally issued until 30 days or less before the 90 day non immigrant O visa entry expires. This and proof of marriage would be required to issue a non immigrant visa.

[MHM]

Sorry for my mistake - she has an retirement extension of stay until September - i have seen it in her passport. ( she was given 3 months to start with) and was told that would be stamped for 1 year when she went back to the local immigration office in September. The local immigration office then told her husband to go to Laos to apply for his Non O visa as her dependant and this is where the confusion started. Many thanks for your time and help. I have lived and had my own business here for 16 years. I thought I would never leave but in recent times i wonder why i just don't up and move to a nearby country who would actually welcome foreign investment and where I can get my business visa without jumping through hoops...

[lopburi3]

She does not have an extension of stay - she has the required non immigrant visa entry for 90 days and during the last 30 days will make application for extension of stay in normal manner using a TM.7 and paying 1,900 baht. After that is done spouse can use that extension of stay stamp to obtain the required non immigrant visa entry for himself and matching extension of stay.

[MHM]

Many thanks for making this clear, we were mistaken and so it seems were the local immigration office. Where would you suggest Rob should go after September to get his non O dependant visa?

[lopburi3]

Believe any of the Consulates will issue after they see marriage certificate and copy of spouse passport with the actual extension of stay for retirement stamp in it. As this will be several months in the future best to ask then as things do change.

Be sure wife knows that she will have to present financial proof again, including new letter from bank, when making the actual extension of stay and for first extension the requirement is last 60 days in bank account.

[MHM]

Lopburi 13, I hope you see this post and can offer some more advice or anyone else for that matter. Rob went to apply for his dependant visa in Laos this morning. Once again his application was rejected. He was told that the only way for him to change from a tourist visa to a non O visa was to either get a job with a work permit or be married to a Thai. The fact that his wife now has a full retirement visa with a 365 day extention of stay was dismissed. Rob will be coming back with yet another tourist visa and their status in Thailand seems very uncertain. How can Rob change his tourist visa to a non O and then becomedependant on his wife's visa? Please help, we feel we are going round in circles and getting increasingly worried. Many thanks in advance.

[lopburi3]

You do not change but actually obtain a non immigrant O visa on the basis of marriage to someone having a one year extension of stay from immigration. There are two Consulates in Laos - have you tried both? The best place to obtain such a visa has always been your home country where it should be routine. Suspect OZ would also. Or just go anywhere but where you have had issues previously. Immigration clearly allows one year extension of stay under 2.22 retirement spouse as below but the non immigrant visa is required.

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;

[beano2274]

Since the guys wife has a Non Immigrant Extension of stay, should he not just go to the local Immigration Department and change from a Tourist Visa to a Dependant Extension, with proof of marriage of course from the MFA.

[Mario2008]

Since the guys wife has a Non Immigrant Extension of stay, should he not just go to the local Immigration Department and change from a Tourist Visa to a Dependant Extension, with proof of marriage of course from the MFA.

This conversion is normally not done. People are told to apply abroad for a non-O visa.

[MHM]

Thanks for your help so far. However a couple more questions:

1) How many back to back Tourist visas are you allowed?

2) What does a UK consulate require in order to issue a Non O visa?

Rob has tried to obtain a Non O in Bangkok, our local Kanchanaburi immigration office as well as Laos and Cambodia. Many different reasons but always the same answer, 'can not'

Your help is greatly appreciated, thanks for taking the time to post.

[Mario2008]

In the region, 5 seems to be the maximum number of tourist visas.

For the non-O the be issued it depends on where you apply. Normally it would be a letter from the employer asking for a visa for the spouse of the employee, a copy of the one-year extension of stay of the spouse, the marrige certificate and maybe copy of work permit.

In the UK or Australia it should be issued without a problem. You could also contact the consulate in Indonesia and see if they will issue and which documents they will require.

[MHM]

Thanks Mario2008, the problem is that Rob isn't working. His wife has a Retirement visa and he wants to stay and live with her in Thailand as her dependant. If he goes to the UK, all he can show is her Reitrement visa and their marriage certificate. He has taken these documents to Laos and Camdodia and they have not been sufficient to apply for a Non O.

[Mario2008]

Thanks Mario2008, the problem is that Rob isn't working. His wife has a Retirement visa and he wants to stay and live with her in Thailand as her dependant. If he goes to the UK, all he can show is her Reitrement visa and their marriage certificate. He has taken these documents to Laos and Camdodia and they have not been sufficient to apply for a Non O.

My mistake, but will not be much different.

She needs to show she has an extension of stay based on retirement and ask the conuslate to issue him a non-O visa as her dependent, togehter with proof of marriage.

He can try at the same consulates mentioned above. In Indonesia try to contact the consul in Den Pasar.

[mangomango]

Just want to know, can Rob get his non-o finally?

My friend have the same situation, wife is getting 50 this year, and husband under 50.

[ubonjoe]

If the wife gets an extension of stay for retirement the husband can get an extension as her dependent.

If it is a non-o visa which would require border runs every 90 days he could possibly get one also at an honorary consulate in their home country.

A non OA visa for wife would not be advisable because the husband would only be able to get a multiple entry non-o until she goes onto an extension of stay.