Background:

1. My wife is a Thai citizen she traveled to Thailand on August 15 on her Swedish passport with a two m months tourist visa hence her maiden name was in her Thai passport. She has now got a new Thai passport and Thai Id card with the correct name , what to do with her visa thas expires in three weeks ? is there a possibility to extend her tourist visa or could she get an extension based upon she is a dependent to myself . I have a non O-A visa valid for a year.

2. My son who is 12 years has a non O visa valid for three months singe entry, can his visa be extended claiming him as a dependent to myself, according to Immigration in Kap Choeng, they thought that I should not do anyting until he is fifteen because they wont penalize a person under the age of 15 which sounds strange, ho do you travel in that case? The other option would be an ED visa as he is 6th grade primary school. If so does he need to leave the country to apply for that type of visa.

Please only valid accurate comments that will work with Thai Immigration.

1. Your wife should leave and re-enter the country using her Thai passport. Normally she would need to fly out and back to doe the passport swap but since she is Thai she might be able to it at a border crossing by letting immigration know what she is doing before leaving the country.

If not she could apply for a one year extension based upon being Thai.

2. Children do not pay overstay fines is what immigration meant. But it is best to get an extension for them.

If your son has Thai nationality because your wife is his mother he could apply for a one year extension on the basis of being Thai. You would need his birth certificate showing your wife as his mother and proof of her Thai nationality.

Or he could get a one year extension as your dependent based upon your non-oa visa entry. You would need his birth certificate and copies of your passport photo page, your visa and entry/permit to stay stamp.

Thanks for such quick answer, excellent.. But should my wife really mleave with her Thai passport and not with the Swedish that got the visa in it and reenter Thailand with her Thai passport?

She would leave on her Swedish passport and the re-enter on her Thai passport. That is what I meant by doing a passport swap.

Thank's once again Ubonjoe, how would all newbies like me and many others manage without you...

To the OP, passport swapping is perfectly legal, but whatever passport you enter a country with is the same passport that is needed to depart. You do the "swap" in the airplane on the premise that the immigration officer at arrivals does not know what plane you arrived on.

Having said that - I carry both passports all the time and have occasionally had to show the arrivals officer (not in Thailand) what I was doing. Once explained he was satisfied and smiled happily.

Ubonjoe, I have to ask how it is you have such an in depth knowledge of Thai immigration law? Previously an immigration lawyer or just an interested citizen?

Just a side question. Does a Thai need a passport to enter thailand or is an ID card enough? I know Thais can go to Laos with just an ID card. So if a Thai with dual citizenship goes abroad by plane like Sweden and then comes back by plane and enter with just her ID card, possible?

Just a side question. Does a Thai need a passport to enter thailand or is an ID card enough? I know Thais can go to Laos with just an ID card. So if a Thai with dual citizenship goes abroad by plane like Sweden and then comes back by plane and enter with just her ID card, possible?

No, a passport is needed to enter at an airport. If a Thai looses his passport while abroad, he/she can obtain a certificate of identity on an urgency basis.

This pertain to the answer i got from you Ubonjoe sep 24h.

Me and my son went to immigration today in Jomtien, the were very helpful and polite but they could not issue an extension on his 90 days Non O visa to my son based upon my O-A Visa , the claimed O-A it was not a retirement visa, to get an extension I need to have a non O visa. and I can't get such until my O-A Visa expires 2015, the told me to go to Laos with my son and apply for an ED visa instead and when I get a non O visa he could follow me as a dependent until he is 20. Can anybody give me some highlights if this correct or not. Thankful for a correct answer and what we should do.

This pertain to the answer i got from you Ubonjoe sep 24h.

Me and my son went to immigration today in Jomtien, the were very helpful and polite but they could not issue an extension on his 90 days Non O visa to my son based upon my O-A Visa , the claimed O-A it was not a retirement visa, to get an extension I need to have a non O visa. and I can't get such until my O-A Visa expires 2015, the told me to go to Laos with my son and apply for an ED visa instead and when I get a non O visa he could follow me as a dependent until he is 20. Can anybody give me some highlights if this correct or not. Thankful for a correct answer and what we should do.

They are wrong. Apparently they have not read Immigration Bureau Order 327/2557 that went into effect on August 29th.

You need to go back and mention the new order.

2.20 In the case of being a family member of an alien permitted a

temporary stay in the Kingdom under Criteria 2.1, 2.2, 2.3, 2.5, 2.6,

2.7, 2.10, 2.12, 2.13, 2.14, 2.15, 2.16,

2.17, 2.21, 2.22, 2.26, or 2.29 hereof or Section 34(1) (2) and (7) including family of alien granted non-immigration visa which contains “A” letter at the end of visa code,

(applicable only to parents, spouse, children, adopted children, or spouse’s children) except for Non-Immigrant code L-A:

Each permission shall be granted for no more than one year.

Jomtiem immigration is wrong. The rules changed as of 29th of August and now one can get an extension as a dependent of someone on an O-A visa. Ask them to read clause 2.20 of the new rules.

We went back but immigration officer did not like to Here it or ltenig what I had to said he just confirmed what the othe officer said to me a few hours earlier,I guess they don' like to lose there face and admit a misstake so I guess we have to apply for a ED visa in Laos, I have asked the school to prepare the application for my son.

You could contact the government hotline and explain the situation. They can sort things out for you and tell your local immigration office what to do.

We went back but immigration officer did not like to Here it or ltenig what I had to said he just confirmed what the othe officer said to me a few hours earlier,I guess they don' like to lose there face and admit a misstake so I guess we have to apply for a ED visa in Laos, I have asked the school to prepare the application for my son.

You could call 1111 to see if they can help you. It is clear that he can get the extension.

Also he should not need to go out for an ED visa. He can extend his non-o based upon going to school. It does not have to be done with an ED visa.

Thank's so much for your advice. Maybe immigration in Bangkok knows the new roules better than they do over here in Pattaya...