ED Visa Crisis! Help!

[paz]

so what is the new process now? Does your 1 year visa become invalid after 6 months and you have to get a new 1 year visa from a consulate? Or do they issue only 6 months ED visas now?

Again: there is no such thing like "1 year ED visa", or "6 months ED visa". These are only advertising lines for schools.

There is multi-entries non-imm ED visa, each entry 90 days, last entry to be made within 1 year from issuance, not subject to immigration approval, but is not issued by nearby countries.

And there is single entry non-imm ED visa, valid 90 days, that is the most common one.

The rules for extensions for studying at private schools are: each extension granted for a maximum of 90 days, up to one year in country. After that a new visa is required.

Edited December 28, 2014 by paz

[Robert24]

thanks paz: and the last sentence that extensions of 90 days are granted up to 1 year is applicable for all provinces except Phuket, right? Phuket only extend up to 6 months, correct?

[paz]

thanks paz: and the last sentence that extensions of 90 days are granted up to 1 year is applicable for all provinces except Phuket, right? Phuket only extend up to 6 months, correct?

Yes it's official rules that you can read here:

http://www.thaivisa.com/forum/topic/749918-thai-immigration-issues-new-police-order-3272557-effective-august-29-2014/

It's impossible to know what Phuket will do, because not even 6 months have passed since the new rules. I think they will adhere to the official rules with a twist of local "interpretation", just to show that they can. They always did like that.

Edited December 28, 2014 by paz

[LoveThaiGirls]

No, sorry if it wasn't clear - "maximum is 6 months" was referring to the ED Visa, not the extensions (sounded like maybe you thought I was referring to extension?).

Originally it was pretty standard to get a 1 year ED Visa that once used allowed upto 1 year of extensions before needing to apply for a new ED Visa again. Now they've reduced that (apparently, still nothing concrete) to a maximum 6 month ED Visa which would mean needing 3 months worth of extensions (1st 3 months covered by Visa, next 3 months covered by first extension you make, usually 1 month consideration followed by a further 2 months).

But as I said in earlier posts, there is conflicting information at Phuket Immigration. Some people who are making their 1st extension (i.e. after 3 months covering the next 3 months) are being told that after that initial 6 months they'll need to take a test, and if they pass they can apply (MoE letter, exit country etc) for another ED Visa (6 months again). Others have been told no test, no need for a new Visa, and can just get another extension stamp(s) (upto 1 year as originally covered by the Visa).

If you read other threads for other areas (BKK etc) it sounds like the test is being used to grant further extensions, rather than being used as a limit to the Visa duration. Their policies are all over the place and causing endless confusion for schools and students.

You're reporting confusion and misunderstanding, The "one year ED visa" is actually a multiple entry non-imm ED visa that allow stay 90 days at time for up to one year, and is issued at a consulate. Immigration don't issues it, consulate do. In fact it is not even very frequent because nearby consulates only issue single entry non-imm ED visa, that is valid for a stay of 90 days only. People with multi-entry visa do not have a problem really.

Also, to be issued a new ED visa, no immigration test is needed. Only MoE letter and school paperwork. Again, Immigration is not involved in visa issued at consulates. They cannot cancel visa or limit their duration, except for truly unusual circumstances like counterfeiting.

So. Immigration offices (in Phuket or anywhere else) can do any informal testing, require add.t documents, shorten extension length and do anything else to make students life miserable only when it's about extensions.

Yes technically the visa is not related to the course or duration - what I mean is, when you apply for an ED Visa, the documentation to MoE states how long you are studying for (and this information is presented to Immigration), so a "one year ED visa" is *essentially* 1 year of study, entering on an ED visa (single or multi) with extensions upto a year. If you're only here studying for 6 months, you'll only get extensions upto a 6 month period of stay.

Phuket have now said to at least one person I know that you can stay for a maximum of 6 months before having to leave the country and come back in on a new visa (with new letter from MoE etc), so yes essentially they're saying there is a maximum of 6 months extensions, and to gain more you have to get a new visa. The student said the bit about the test was whether or not he'd be allowed to get a new visa (i.e. fail and you can't get a new visa). Whether this truly gets enforced as rule I don't know (could be a IO who doesn't fully know what's going on or the rules were still being defined), but it has already affected another student in my class who had to go home because he couldn't get a new visa in time before his extension ran out (he'd been here just under 6 months).

Personally I think its just a mixup as the rules are changing - it doesn't make sense otherwise, but this confusion has still affected students in the meantime.

Edited December 28, 2014 by LoveThaiGirls

[kevden]

It seems some Immigration offices around Thailand are implementing changes that are (i) inconsistent with other offices and (ii) imposed at very short notice. In Chang Mai, my school advised they were required to increase the hours of our study upon the demand of Immigration. (The school has always been well organised in my experiences with them, advising me in advance of things such as dates I needed to report to Immigration, supplying paperwork to assist me in opening accounts with Thai banks, etc.) My classmates and I received 4 days notice from my school about the increase in hours of required study. It is my understanding the Thailand Ministry of Foreign Affairs issues each ED visa which lasts for 3 months, then it can be extended 3 monthly by an Immigration officer. Previously some students had the ED visa (with extensions) lasting 12 months, however that may no longer take place. I say this because the 180 hours course of study previously lasted about 45 weeks (at 4 hours per week). Now, with increased weekly hours (8 hours per week), 180 hours will used in about 23 weeks (6 months). I do not imagine a strong argument could be made when asking for the second (or third) extension of an ED visa once the planned 180 hour course of study has finished.

Any schools that were not complying with the Law relating to ED visas before the changes will probably have no hesitation in preparing paperwork that appears to comply with the changes. On the other hand, the compliant schools experience difficluties with sudden changes imposed upon them (and their students). This is because they must accommodate the same number of students in the same number of classrooms to be taught by the same number of teachers for double the lesson time. It is not always possible to organise additional classrooms and qualified teachers at short notice.

Personally I have no issue with the increase in hours, but some of my classmates now have difficulty attending their new classes for valid reasons (eg, their new class times conflict with when they have to care for children who attend Primary school in Thailand and the other parent is not available. Please bear in mind they signed up for a course of study and a visa based upon a known timetable, but the conditions were suddenly changed). Hopefully the Ed visa situation will settle and any future changes will be implemented with enough notice to enable schools to plan and prepare for courses in a calmer manner. My school has 5 classrooms and 10 teachers, all of whom were busy, then the required class time doubled suddenly. In my opinion it was not reasonable of a government department to make such a demand, at such short notice, regardless of how appropriate it was to require an increase in the hours of study.

[samui4me]

OMG all these rules changing is really a hassle.

First the immigration that gives sometimes 1, 2 month instead of 90 days

Then now the visa can be 6 months instead of 12...

If they want to stop this ED visa, do it. Don't hassle legit student, that can prove they learn thai and that can show they have enough money and don't need to work...

[LoveThaiGirls]

The visas aren't really relevant (apart from initial length of stay on entering the Kingdom), it's the period you can extend for that is constantly changing.

Students sign up for 1 year courses expecting to be able to extend stay for a year, and you could originally do that in one extension at one point, then (at least in Phuket) they restricted extensions to 3 months at a time for the duration of your course (1 month consideration followed by 2 month additional afterwards, making 3 months total), so a 1 year course would be 3 separate extensions (full paperwork each time, 1900B etc).

Now there's a test, which in some provinces determines the length of the extension, but in Phuket their use is still unclear and a total mess for schools and students who are trying to work out what may be needed on their next extension.

[Offshorebudd]

Ok so, an update:

My GF went to immigration to get her first extension for her ED visa, they took her passport and all her paperwork, she came back the next day and they handed it to her. Apparently immigration was nuts so she just got out of there, but the stamp and paper she received seem somewhat ambiguous. So im hoping for some clarification:

The Stamp in the passport reads:

"Application of stay is under consideration of the immigration bureau. Applicant must contact this office again in person on 29 Jan, 2015"

"Notice - To keep your stay permit re-entry permit must be made before leaving Thailand."

The document that came with her passport reads:

In a box in the top left corner:

"This is not an extension of stay, please notify your address again on 28 March 2015. Keep in Passport"

And then below that it says:

"Jane Doe have received notification of staying in Thailand for 90 days from 29th of December 2014"

And then the " fine print" reads:

"1. This is not an extension of stay."

"2.Please check the expiry date of visa in passport."

"3. The fine of overdue notification is not exceeding XXXXbaht" (i think it says 5000bht)

Any help with this would be great. To me it seems like they are considering her application and that she can stay in the country but must report to immigration on the 29th, at which point they will make a decision of some sort, either giving her the visa or letting her stay till the end of March, probably reporting monthly???? Thanks in advance!

-budd

[samui4me]

First you must distinguish 2 things, the extension and the notification of your address (90 days report). It is 2 totally different things. Both mandatory (extend your visa and report address). For the rest pros will help

[ubonjoe]

What she got was 2 separate things.

He application is under consideration and must return on the report back date to get her extension stamp.

The other was for 90 day reporting. She just needs to do another report on the date written on the receipt for the previous report.

[Robert24]

The part about 28th of March looks like the deadline for the next 90 day report she will have to do provided she doesn't leave Thailand in the meantime.

The other part looks like her ED extension for 90 days is under consideration and she only got 1 month approved. But maybe some specialists can provide more colour on this. I always got 3 months extension approved right away.

[Offshorebudd]

What she got was 2 separate things.

He application is under consideration and must return on the report back date to get her extension stamp.

The other was for 90 day reporting. She just needs to do another report on the date written on the receipt for the previous report.

Ubon Joe,

Thanks for the quick reply. Just to be clear, she is okay to stay in Thailand as long as she reports back on the dates on the notices? Also, how sure are you about this, 80%, 90% 100%? She's super paranoid of overstaying and immigration is closed till the 4th so she cant go get official clarification till then. Thanks again!

[ubonjoe]

What she got was 2 separate things.

He application is under consideration and must return on the report back date to get her extension stamp.

The other was for 90 day reporting. She just needs to do another report on the date written on the receipt for the previous report.

Ubon Joe,

Thanks for the quick reply. Just to be clear, she is okay to stay in Thailand as long as she reports back on the dates on the notices? Also, how sure are you about this, 80%, 90% 100%? She's super paranoid of overstaying and immigration is closed till the 4th so she cant go get official clarification till then. Thanks again!

As long as she has the under consideration stamp she can stay in the country until the extension is approved. I am 100% sure of this.

The date in March is for a 90 day report and would not be an overstay if late for that. Just a 2000 baht fine.

[LoveThaiGirls]

The 'under consideration' stamp granting one month extension of stay is common place at Phuket. When she goes back on the date requested they should give her the extra two months (making three months in total).

[samui4me]

Do they pay 1900 bahts when they get the "come back in 1 month" then again 1900 when they go again to get the 2 last months?

But it is a fact now immigration hardly gives 3 months straight away...

[ubonjoe]

The 1900 baht fee is paid when you application is accepted. When you go back on the report back date shown on the under consideration stamp they stamp your extension stamp in your passport.

The under consideration stamp is not an extension of stay. Your permitted to stay date remains the same. The extension starts from the end of your permit to stay date.