Please advise foreign couple with Non-O-A and Non-O

[MCF]

I have been reading posts on TV and obtained some really helpful information though not all of my questions are cleared. The following states our situation and would really appreciate if someone can answer our questions.

My husband and I both are British passport holders and we have a house in Thailand. My husband obtained a Non-O-A multiply visa which was issued in April 2014 (enter before April 2015). He entered into Thailand in July this year and got a stay permit stamp from July 2014 to July 2015. I arrived with my husband at the same time on visa exemption and then obtained a Non-O visa single entry for 90 days from Thai embassy in Singapore.

1. Questions relating to my husband:

Are the following understandings correct?

1. During his Non-O-A visa valid period, April 2014 to April 2015, he doesn’t need to obtain a re-entry form for any oversea visit as long as he returns before April 2015?

1. If he leaves and returns say in March 2015 before his current visa expires, he will get another one year stay permit stamp from March 2015 to March 2016, which means he can almost get two years of stay out of his current Non-O-A visa.

1. As for the 90 days reporting period, from all discussions on the forum, I understand that it is for every foreigner who has been staying in Thailand continuously for 90 days irrelevant to whatever visa he holds. 90 days reporting requires TM47 form and some places need copy of passport and TM6 departure card.

In order fo him to obtain extension of stay in the future, under the current legislation, what conditions and documents does he have to meet and produce? I understand that he needs to have 800,000 baht in his bank account three months before stay permit expires. I remember that I read somewhere on TV and would like to clarify that if he puts just a bit more than 800,000, is it true there is no requirement for the deposit time issue?

1. Questions relating to me:

I understand that I can apply for an extension of stay for one year within the 45 days before my 90 days stay permit expires. What conditions and documents do I need to meet and submit? Is it correct that an immigration office can issue to me a Non-O multiply visa for one year and stamp in my passport the stay permit for one year as long as I meet the conditions? Do I need to have 400,000 baht in my own bank account for two months before my permit expires or as long as my husband has 800,000 baht in his own bank account, it will be sufficient? When I applied for my Non-O visa in Singapore, the Thai embassy there accepted my husband’s bank account statement and did not request me to hold 400,000 baht under my own bank account. Also, our marriage certificate was issued in the UK and do we need to get it translated in Thai? Overall, I’d like to know all procedures and documents required for me to apply for extension of stay.

Many thanks for your help and looking forward to any helpful comments.

[ubonjoe]

All correct for your husband.

As of yesterday (new rules) you now qualify for an extension of stay as your husbands dependent based upon his non-oa visa entry. Your extension will be for the length of his current permit to stay. Before the rule change you would of had to apply for an extension based upon retirement and would of needed to meet the financial requirements for it.

You will need your marriage certificate (no translation needed) plus a copy. Copy of his passport photo page, visa, entry/permit to stay stamp and TM 6 departure card. You will also need copies of the same pages of your passport and TM6..

No financial proof will be needed.

You will need to get a re-entry permit to keep your extension valid. Single costs 1000 baht and a multiple 3800 baht.

[MCF]

All correct for your husband.

As of yesterday (new rules) you now qualify for an extension of stay as your husbands dependent based upon his non-oa visa entry. Your extension will be for the length of his current permit to stay. Before the rule change you would of had to apply for an extension based upon retirement and would of needed to meet the financial requirements for it.

You will need your marriage certificate (no translation needed) plus a copy. Copy of his passport photo page, visa, entry/permit to stay stamp and TM 6 departure card. You will also need copies of the same pages of your passport and TM6..

No financial proof will be needed.

You will need to get a re-entry permit to keep your extension valid. Single costs 1000 baht and a multiple 3800 baht.

Thanks so much for your prompt reply!

As for my situation, I got the impression when I spoken to an immigration officer a while back that based on my Non-O single 90 days visa, immigration office can issue to me a Non-O multiply visa for one year and stamp my passport with stay permit in line with my husband's current stay permit length , with which I thought that I would not need a re-entry form. I understood that this is the only kind of visa an immigration office can issue while all other kinds of visas are issued by embassies outside of Thailand. But I could be wrong as the communication in a second language might have got broken and misundertood somewhere.

Many thanks for your help.

[ubonjoe]

Immigration cannot do a visa of any kind that allows multiple entries.

They can only do extensions of stay and re-entry permits. And as I said until yesterday when the new police order went into effect a dependent extension was not possible for a OA visa.

[MCF]

Immigration cannot do a visa of any kind that allows multiple entries.

They can only do extensions of stay and re-entry permits. And as I said until yesterday when the new police order went into effect a dependent extension was not possible for a OA visa.

Thanks a lot!

[NancyL]

This change in the rules is one of the few enhancements that is positive and eliminates a problem for expat/expat couples where the wife was either too young for her own O-A visa or retirement extension or it was a financial hardship for the couple to have two separate retirement visa/extensions.

I wish it had been in place when Hubby and I came to Thailand. Would have saved us the mad scramble to bring in 800,000 baht for my retirement visa account, because we were granted an O-A Visa (for him) and a multi-entry O visa (for me) and I had no desire to leave Thailand every 90 days for a visa run. This wasn't explained to us by the Chicago Consulate and we made the mistake of including our Marriage Certificate with the packet of documents in our visa application, along with other documents that showed I clearly qualified for an O-A visa in my own right.

[Sophon]

All correct for your husband.

As of yesterday (new rules) you now qualify for an extension of stay as your husbands dependent based upon his non-oa visa entry. Your extension will be for the length of his current permit to stay. Before the rule change you would of had to apply for an extension based upon retirement and would of needed to meet the financial requirements for it.

You will need your marriage certificate (no translation needed) plus a copy. Copy of his passport photo page, visa, entry/permit to stay stamp and TM 6 departure card. You will also need copies of the same pages of your passport and TM6..

No financial proof will be needed.

You will need to get a re-entry permit to keep your extension valid. Single costs 1000 baht and a multiple 3800 baht.

But if the OP decides to go for the extension as a dependant of her husband, wouldn't the husband also need to get a re-entry permit to protect his current permission to stay? The reason being that if he leaves without a re-entry permit then his permission to stay would be cancelled, which would surely mean that his wife's extension would also be cancelled (since it's based on the permission to stay that is now cancelled)?

I know that the husband would normally not need a re-entry permit as long as his visa is valid, since he will get a new one year permission to stay when he returns to Thailand. But I don't believe that would "reinstate" his wife's extension.

Sophon

[ubonjoe]

All correct for your husband.

As of yesterday (new rules) you now qualify for an extension of stay as your husbands dependent based upon his non-oa visa entry. Your extension will be for the length of his current permit to stay. Before the rule change you would of had to apply for an extension based upon retirement and would of needed to meet the financial requirements for it.

You will need your marriage certificate (no translation needed) plus a copy. Copy of his passport photo page, visa, entry/permit to stay stamp and TM 6 departure card. You will also need copies of the same pages of your passport and TM6..

No financial proof will be needed.

You will need to get a re-entry permit to keep your extension valid. Single costs 1000 baht and a multiple 3800 baht.

But if the OP decides to go for the extension as a dependant of her husband, wouldn't the husband also need to get a re-entry permit to protect his current permission to stay? The reason being that if he leaves without a re-entry permit then his permission to stay would be cancelled, which would surely mean that his wife's extension would also be cancelled (since it's based on the permission to stay that is now cancelled)?

I know that the husband would normally not need a re-entry permit as long as his visa is valid, since he will get a new one year permission to stay when he returns to Thailand. But I don't believe that would "reinstate" his wife's extension.

Sophon

Her permit to stay would remain equal to the permit to stay he had when she got her extension.

If leaves and re-enters he will get a new one year entry every time until his visa expires.

His permit to stay changing would not cancel her extension unless it ran out.

When her extension is near ending she would need to go back and apply for another extension that would be equal to his permit to stay at that time.

[Sophon]

All correct for your husband.

As of yesterday (new rules) you now qualify for an extension of stay as your husbands dependent based upon his non-oa visa entry. Your extension will be for the length of his current permit to stay. Before the rule change you would of had to apply for an extension based upon retirement and would of needed to meet the financial requirements for it.

You will need your marriage certificate (no translation needed) plus a copy. Copy of his passport photo page, visa, entry/permit to stay stamp and TM 6 departure card. You will also need copies of the same pages of your passport and TM6..

No financial proof will be needed.

You will need to get a re-entry permit to keep your extension valid. Single costs 1000 baht and a multiple 3800 baht.

But if the OP decides to go for the extension as a dependant of her husband, wouldn't the husband also need to get a re-entry permit to protect his current permission to stay? The reason being that if he leaves without a re-entry permit then his permission to stay would be cancelled, which would surely mean that his wife's extension would also be cancelled (since it's based on the permission to stay that is now cancelled)?

I know that the husband would normally not need a re-entry permit as long as his visa is valid, since he will get a new one year permission to stay when he returns to Thailand. But I don't believe that would "reinstate" his wife's extension.

Sophon

Her permit to stay would remain equal to the permit to stay he had when she got her extension.

If leaves and re-enters he will get a new one year entry every time until his visa expires.

His permit to stay changing would not cancel her extension unless it ran out.

When her extension is near ending she would need to go back and apply for another extension that would be equal to his permit to stay at that time.

With all due respect, that doesn't sound logical to me at all. If her husband had an extension of stay instead of a Non Immigrant OA visa, her extension would be cancelled when the husband leaves without a re-entry permit. The husband applying for a new extension of stay would not change the fact that his old extension (as well as the one his wife has) would no longer be valid. Since the dependant's extension is based on his permission to stay and not his visa, I don't see how him having a valid visa will save the wife's extension.

Do you have any link to rules/regulations that backs up your assertion that the dependant's extension to stay would be unaffected by the husband's permission to stay being cancelled?

Sophon

[ubonjoe]

Her permit to stay would remain equal to the permit to stay he had when she got her extension.

If leaves and re-enters he will get a new one year entry every time until his visa expires.

His permit to stay changing would not cancel her extension unless it ran out.

When her extension is near ending she would need to go back and apply for another extension that would be equal to his permit to stay at that time.

With all due respect, that doesn't sound logical to me at all. If her husband had an extension of stay instead of a Non Immigrant OA visa, her extension would be cancelled when the husband leaves without a re-entry permit. The husband applying for a new extension of stay would not change the fact that his old extension (as well as the one his wife has) would no longer be valid. Since the dependant's extension is based on his permission to stay and not his visa, I don't see how him having a valid visa will save the wife's extension.

Do you have any link to rules/regulations that backs up your assertion that the dependant's extension to stay would be unaffected by the husband's permission to stay being cancelled?

Sophon

You cannot compare this case to dependent extension of stay based upon an extension of a spouse. It is not the same.

Her extension is based entirely on his permit to stay from a multiple entry OA visa. His permit to stay only changes when he does an entry it never goes away for as long as his visa is valid like a permit to stay from an extension would if a person left and re-entered without re-entry permit.

After his visa expires he will need a re-entry permit to keep his permit to stay valid when he enters. If he did not use a re-entry permit and he lost his permit to stay hers would also go away.

[Sophon]

Her permit to stay would remain equal to the permit to stay he had when she got her extension.

If leaves and re-enters he will get a new one year entry every time until his visa expires.

His permit to stay changing would not cancel her extension unless it ran out.

When her extension is near ending she would need to go back and apply for another extension that would be equal to his permit to stay at that time.

With all due respect, that doesn't sound logical to me at all. If her husband had an extension of stay instead of a Non Immigrant OA visa, her extension would be cancelled when the husband leaves without a re-entry permit. The husband applying for a new extension of stay would not change the fact that his old extension (as well as the one his wife has) would no longer be valid. Since the dependant's extension is based on his permission to stay and not his visa, I don't see how him having a valid visa will save the wife's extension.

Do you have any link to rules/regulations that backs up your assertion that the dependant's extension to stay would be unaffected by the husband's permission to stay being cancelled?

Sophon

You cannot compare this case to dependent extension of stay based upon an extension of a spouse. It is not the same.

Her extension is based entirely on his permit to stay from a multiple entry OA visa. His permit to stay only changes when he does an entry it never goes away for as long as his visa is valid like a permit to stay from an extension would if a person left and re-entered without re-entry permit.

After his visa expires he will need a re-entry permit to keep his permit to stay valid when he enters. If he did not use a re-entry permit and he lost his permit to stay hers would also go away.

What you say still doesn't make sense. When her husband leaves Thailand (without a re-entry permit) his permission to stay most certainly goes away like any other permission to stay, and what he gets when returning is a new permission to stay with a new end date. What you are saying is that even if her husband left after a few days in Thailand and never returned, his wife's extension would still be valid until it expires.

But if you can say that you know for a fact that Immigration would honour his wife's extension irrespective of what happens with the husbands permission to stay, then I believe you. It just doesn't gel with how Immigration handle every other situation where the reason for a dependants extension is cancelled. My interest is academic anyway, as I am on a retirement extension and don't have any dependants. But I wouldn't want to be the test case, especially with the new overstay blacklisting rules.

Sophon

[MCF]

Thanks guys for digging deep with more analysis which are all very educational for me. I personally feel that it would be very illogical that my extension of stay permit will be cancelled because my husband stay permit date changes under his current visa. However if he was refused to enter, then it would make sense that as his dependant I would be refused to enter as well.

Thanks again for all of your inputs.

[Suradit69]

Her permit to stay would remain equal to the permit to stay he had when she got her extension.

If leaves and re-enters he will get a new one year entry every time until his visa expires.

His permit to stay changing would not cancel her extension unless it ran out.

When her extension is near ending she would need to go back and apply for another extension that would be equal to his permit to stay at that time.

With all due respect, that doesn't sound logical to me at all. If her husband had an extension of stay instead of a Non Immigrant OA visa, her extension would be cancelled when the husband leaves without a re-entry permit. The husband applying for a new extension of stay would not change the fact that his old extension (as well as the one his wife has) would no longer be valid. Since the dependant's extension is based on his permission to stay and not his visa, I don't see how him having a valid visa will save the wife's extension.

Do you have any link to rules/regulations that backs up your assertion that the dependant's extension to stay would be unaffected by the husband's permission to stay being cancelled?

Sophon

You cannot compare this case to dependent extension of stay based upon an extension of a spouse. It is not the same.

Her extension is based entirely on his permit to stay from a multiple entry OA visa. His permit to stay only changes when he does an entry it never goes away for as long as his visa is valid like a permit to stay from an extension would if a person left and re-entered without re-entry permit.

After his visa expires he will need a re-entry permit to keep his permit to stay valid when he enters. If he did not use a re-entry permit and he lost his permit to stay hers would also go away.

What you say still doesn't make sense. When her husband leaves Thailand (without a re-entry permit) his permission to stay most certainly goes away like any other permission to stay, and what he gets when returning is a new permission to stay with a new end date. What you are saying is that even if her husband left after a few days in Thailand and never returned, his wife's extension would still be valid until it expires.

But if you can say that you know for a fact that Immigration would honour his wife's extension irrespective of what happens with the husbands permission to stay, then I believe you. It just doesn't gel with how Immigration handle every other situation where the reason for a dependants extension is cancelled. My interest is academic anyway, as I am on a retirement extension and don't have any dependants. But I wouldn't want to be the test case, especially with the new overstay blacklisting rules.

Sophon

I understand what you mean, but saying that his permission to stay "goes away" if he leaves the country while in possession of a valid multi-entry non-imm O-A visa may not be technically true. The visa is acting like a re-entry permit with the additional feature that a new entry using the visa will REPLACE the current permission to stay with a new one with new dates only when he re-enters the country.

If someone is here on an extension of stay and he has a valid re-entry permit, his extension/permission to stay remains valid while he is out of the country until it expires even if he never returns or uses the re-entry permit. It does not "go away" when he exits the country, but it would "go away" if he subsequently re-entered without a re-entry permit.

So if in this case the husband has an O-A visa instead of a re-entry permit, theoretically his permission to stay would remain valid until it expired or it was replaced by a new one with new dates ... which would seem to be a consistent application of the rules for either someone holding an O-A or re-entry permit.

The extension of stay held by someone would not go away when he exits the country but it would permanently go away when he re-enters the county without a re-entry permit..

The permission to stay held by someone on an O-A would not go away until it expire or until it was replaced by a new one when he re-enters the country.

[Sophon]

I understand what you mean, but saying that his permission to stay "goes away" if he leaves the country while in possession of a valid multi-entry non-imm O-A visa may not be technically true. The visa is acting like a re-entry permit with the additional feature that a new entry using the visa will REPLACE the current permission to stay with a new one with new dates only when he re-enters the country.

If someone is here on an extension of stay and he has a valid re-entry permit, his extension/permission to stay remains valid while he is out of the country until it expires even if he never returns or uses the re-entry permit. It does not "go away" when he exits the country, but it would "go away" if he subsequently re-entered without a re-entry permit.

So if in this case the husband has an O-A visa instead of a re-entry permit, theoretically his permission to stay would remain valid until it expired or it was replaced by a new one with new dates ... which would seem to be a consistent application of the rules for either someone holding an O-A or re-entry permit.

The extension of stay held by someone would not go away when he exits the country but it would permanently go away when he re-enters the county without a re-entry permit..

The permission to stay held by someone on an O-A would not go away until it expire or until it was replaced by a new one when he re-enters the country.

I don't agree with your (or UbonJoe's) interpretation that a multiple entry visa has a "built in" re-entry permit, I believe it's just a visa that allows multiple entries, and the permission to stay for each entry ends when the visa holder leaves Thailand again (just like with any other permission to stay). That's why I have asked for a link to some regulation that confirms that Immigration sees it like you and UbonJoe.

We are in uncharted waters here, as far as I know this is the first time that Immigration has decided to grant extension for dependants of someone not on an extension but on a permission to stay given on a visa entry. Until now it hasn't really mattered whether your interpretation of how the multi entry Non Immigration OA visa works is correct, but now it very much does. If you are wrong and someone acts on your advice, then worst case scenario the dependant could end up with a 20,000 Baht fine and a one year blacklisting from entering Thailand.

But as I have said, for me it's just an academic question, so I will leave the discussion here.

Sophon

[Suradit69]

Well one more attempt, and I agree it's simply academic because reality will be what it is ...

If someone has an extension of stay and a re-entry permit and he leaves the country, his extension of stay would not "go away."

If, when re-entering the country, he was not paying attention and the immigrations officer didn't spot the re-entry permit, but gave him a 30 day visa exempt entry in error, the extension of stay would evaporate as he entered the country.

It's the re-entering that can extinguish the extension.

A visa and a re-entry permit serve essentially the same purpose. They get you into the country. The determination of the length and conditions of your stay are not set when you exit the country but when you are stamped into the country.

That's why I have asked for a link to some regulation that confirms that Immigration sees it like you and UbonJoe.

My conclusions are based on my experiences and those reported here by people who find their expected conditions of stay in the country altered when they enter the country and an error is made by immigrations at the border or their expectations were incorrect ... the evidence of the conditions of their stay dependent of what happens as they enter the country.

I doubt any link is available that settles the matter (in English anyway) since we are really discussing a theoretical construct not a policy. Whether the permission/extension "goes away" as you leave or as you enter is a distinction without a difference in most cases.

[stgrhe]

Your questions OP with my answers in blue text

"

1. Questions relating to my husband:

Are the following understandings correct?

1. During his Non-O-A visa valid period, April 2014 to April 2015, he doesn’t need to obtain a re-entry form for any oversea visit as long as he returns before April 2015?

That is correct provided his visa is for multiple entries.

1. If he leaves and returns say in March 2015 before his current visa expires, he will get another one year stay permit stamp from March 2015 to March 2016, which means he can almost get two years of stay out of his current Non-O-A visa.

That is correct but after the visa has expiried, and he is on an extention of stay permit, he needs a re-entry permit to maintain his status.

1. As for the 90 days reporting period, from all discussions on the forum, I understand that it is for every foreigner who has been staying in Thailand continuously for 90 days irrelevant to whatever visa he holds. 90 days reporting requires TM47 form and some places need copy of passport and TM6 departure card.

Thai is correct.

In order fo him to obtain extension of stay in the future, under the current legislation, what conditions and documents does he have to meet and produce? I understand that he needs to have 800,000 baht in his bank account three months before stay permit expires. I remember that I read somewhere on TV and would like to clarify that if he puts just a bit more than 800,000, is it true there is no requirement for the deposit time issue?

He has an option of having had a minimum of 800,000 baht in his own Thai bank account for two months (applicable for the first application, thereafter it is three months) OR he can show proof of a monthly income of minimum 65,000 baht (verified by your British embassy or consulate) OR a combination of money in the bank and regular income.

1. Questions relating to me:

I understand that I can apply for an extension of stay for one year within the 45 days before my 90 days stay permit expires. What conditions and documents do I need to meet and submit? Is it correct that an immigration office can issue to me a Non-O multiply visa for one year and stamp in my passport the stay permit for one year as long as I meet the conditions? Do I need to have 400,000 baht in my own bank account for two months before my permit expires or as long as my husband has 800,000 baht in his own bank account, it will be sufficient? When I applied for my Non-O visa in Singapore, the Thai embassy there accepted my husband’s bank account statement and did not request me to hold 400,000 baht under my own bank account. Also, our marriage certificate was issued in the UK and do we need to get it translated in Thai? Overall, I’d like to know all procedures and documents required for me to apply for extension of stay. "

No, an immigration officer cannot issue a visa for you but he can give you a temporary extention of stay. You have two options: 1) Apply as a spouse to your husband (you need to verify the marrige) and with this alternative you need not show any money of your own. However, should anything happen to you husband, e.g. a sudden death, you would immediately loose you permit and need to leave the country or face overstay. 2) Apply as an independent and in this case you also need the same amount in an own bank account or proof of regular income. The 400,000 you are mentioned applies only for foreig men married to Thai women.

[MCF]

I'd like to update everyone who has had interest in this topic on the outcome. I just applied for the extension of my Non-O visa today and was advised by a very nice immigration officer regarding if my husband who holds a Non-OA multi entry visa needs re-entry form. As per the previous discussions on this topic, I understood that my husband will not need to have re-entry form as he holds a Non-OA multi visa.

The answer is yes, my husband will need to use re-entry form in order to keep my newly extended Non-O stay permit valid. It is because my visa extension is linked to his current permit to stay stamp. So if he goes out and re-enter, he will get a new permit to stay stamp, which would then default my extension of stay.

Hope this help!

[Sophon]

Thank you for reporting back. Being able to get a dependant extension based on a visa entry is a new scenario, so it's nice to hear how Immigration views the situation.

Sophon

[NancyL]

Thanks for the update MCF. As a wife who came in under exactly the same visa status as you -- only W-A-Y before these new visa enhancements, I've followed this discussion closely.

Perhaps you and your husband might consider a little holiday in the region just before his O-A visa expires, so that you two will re-enter (without a re-entry permit for him) and he's stamped in for another 12 months. Then, would you be able to obtain your own permission to stay stamp for 12 months?

Of course, you'd want to inquire at your local immigration office before your nice little holiday to Singapore or Penang. (Or wherever you fancy a holiday in April!)

[ubonjoe]

I am not sure how immigration is going to handle the dependent extensions based upon a non-oa visa entry.

I am not sure all offices will want the holder of the OA visa to get a re-entry permit. To me it should not be needed. If the holder gets a new entry it would be longer than the dependents extension which would not invalidate the dependent extension.

For other dependent extensions they only go away if the permit to stay of the sponsor goes away,

[MCF]

Thanks for the update MCF. As a wife who came in under exactly the same visa status as you -- only W-A-Y before these new visa enhancements, I've followed this discussion closely.

Perhaps you and your husband might consider a little holiday in the region just before his O-A visa expires, so that you two will re-enter (without a re-entry permit for him) and he's stamped in for another 12 months. Then, would you be able to obtain your own permission to stay stamp for 12 months?

Of course, you'd want to inquire at your local immigration office before your nice little holiday to Singapore or Penang. (Or wherever you fancy a holiday in April!)

You are most welcome! This is what Thaivisa for, we help eachother. With your suggestion, I would have to reply on airport immigration office's decision. As my husband has a Non-OA, so within its valid period, he can always come back, but will I be permited to come in even if I travel with him? I am not sure. Considering our experience with some local immigration officers who have provided different advice on the same subject, it will be safer for us that when we travel back to Thailand, my husband uses a re-entry form. If he uses the re-entry form and the airport immigration office says no need, then it only wastes a re-entry form.

[Sophon]

I am not sure how immigration is going to handle the dependent extensions based upon a non-oa visa entry.

I am not sure all offices will want the holder of the OA visa to get a re-entry permit. To me it should not be needed. If the holder gets a new entry it would be longer than the dependents extension which would not invalidate the dependent extension.

For other dependent extensions they only go away if the permit to stay of the sponsor goes away,

As I have said before, I really don't understand your point of view. The way I see it the moment a holder of a Non-Immigrant OA visa leaves Thailand without a re-entry permit, he no longer has a permission to stay. And you cannot be the dependant of someone who doesn't have a permission to stay. When the OA holder returns to Thailand he/she gets a completely new permission to stay, it's not a "revival" of the old permission to stay. Since the dependant extension was based on the old permission to stay, that permission to stay also got cancelled the moment the OA holder left Thailand.

I really don't see any difference between this situation and that of a holder of a retirement extension leaving without a re-entry permit, and then applying for a new extension after returning. And I think we all agree, that in the latter situation the dependant's permission to stay died with the departure of the retirement extension holder. It's the permission to stay that is extended and that the dependant's extension is based on, so it really doesn't matter that there still is a valid visa, which will give the OA holder a new (emphasis on "new") permission to stay.

But that is just my interpretation, and apparently also that of at least some Immigration officers/offices. With the potential consequences of fine and blacklisting it doesn't really matter if some Immigration offices will see it differently. Unless there are official guidelines confirming that no re-entry permit is required by the OA holder to protect the dependant's permission to stay, the potential risks of not getting the re-entry permit is just to high.

Sophon