O-A visa dependant extension issue

[skorts]

Ubonjoe

I could really do with you help again please.

I entered Thailand in December 2014 on a Non-immigrant O-A visa (expiry date 24th September 2015) obtained in the UK. My (UK) wife entered on a Non-immigrant O visa. Last week we went to Hua Hin immigration to extend my wife's visa as my dependant. My permission to stay is currently 19th December 2015.

Our original copy of our Australian marriage certificate was not accepted and we had to go to Bangkok to get the Australian Embassy to certify a true copy, get it translated to Thai (not sure this was required but we wanted to make sure we were covered) and have the copies certified by the Thai Consulate.

We returned to Hua Hin immigration this morning. All was in order and my wife was granted an extension of stay until 19th December 2015. Great news but now the confusion.

As my visa is an O-A, each time I leave Thailand, up to 24th September 2015 I am given a 12 month extension. We are planning to go to Vietnam next month but the immigration officer told me that doing so will invalidate my wife's extension as when I re-enter Thailand my wife's extension date of 19th December 2015 will no longer be valid as it will not match my date which will become April 2016. My wife would then have to get a Non-immigrant visa outside of Thailand and re-apply for an extension based on being my dependant (after 60 days again).

It seems the only way to keep my wife's extension valid is if we remain in Thailand or leave and return after 24th September (so my permission to stay is not extended) with both of us obtaining re-entry permits keeping our extension valid until 19th December 2015 when I can renew my extension followed by my wife as my dependant.

The immigration officer checked with several other immigration staff and confirmed this is how it works although I am still struggling to understand.

Any feedback greatly appreciated.

Thank you.

[ubonjoe]

I am not sure any immigration office is sure how it should work.

They are certainly wrong though in saying she would have to go out for another non-o visa.

The only way I could see her's being considered invalid would be if your permit to stay was lost.

Her extension will remain valid and keep it's same validity date until it expires unless you go to immigration to get another extension to match your permit to stay. There is no computer link between the 2.

She will need a re-entry permit for your trip to keep her extension valid.

Once you have done your last entry just before the enter before date on your visa. You could go to immigration and have her extension changed to match that date or just wait until hers expires in December.

[Mario2008]

The problem is that when your extension of stay ends, which it does when you leave the country, so does hers. So when you leave and she renters, she will indeed need to get a new visa and permisison to stay. That is a very strict interpretation of the rules, but appernetly howthey will perceive it.

What you could do is getting a re-entry permit for both of you. Then your current permission to stay will remain intact and so will hers. You would loose the new permission to stay date till April 2016.

A re-entry permit will be 1,000 baht per person.

[skorts]

Thanks very much Ubonjoe and Mario for your prompt responses.

We plan to go to Vietnam early April and return a week later. We will then go to the UK late April and may not return to Thailand until November 2015.

I think the process we need to go through is as follows?

1. My wife gets a re-entry permit prior to going to Vietnam to keep her extension to 19th December 2015 valid. I do not need one as I have a multiple O-A (expiring September 15).

2.On return to Thailand from Vietnam I will be granted an extension of stay at the airport immigration until April 2016 and my wife's permission to stay will remain as 19th December 2015.

3. We then return to immigration and apply for an extension for my wife to equal my new extension of April 2016.

4.Before leaving for the UK we both apply for re-entry permits to keep our extension to April 2016 valid.

My main concern is if immigration will not extend my wife's current extension from December 2015 to April 2016. If not, it means we have to then obtain my wife visa to cover the period from December 15 to March 16 to take her up to the earliest renewal date of my extension. At that point we would also presumably need to go out of Thailand to get her another non-immigrant O visa that can be extended?

The steps outlined in 1 to 4 above make sense but based on the visit to immigration this morning I am concerned they will not extend my wife's visa from December 15 to April 16 which will cause lots of problems.

[skorts]

Sorry Mario - are you saying that if I get a re-entry permit before going to Vietnam and not use my multiple re-entry permit on my O-A I will only be granted permission to stay until 19th December 2015 (as per my current extension to stay)?

This would at least keep both of our permission to stay dates the same which makes life a lot easier.

Why would immigration not still give me another 12 months on re-entry to Thailand?

Once I have renewed my extension this would not be a problem in the future as I will only ever get 12 months regardless of how many times I leave Thailand during the year and my permission to stay date (and my wife's) will always remain the same date each year.

[nzexpat]

I am confused.

I thought that extensions based on "dependency" were only granted if the husband/wife also had an extension of stay.

Here the OP claims a valid O-A and says his wife was granted an extension based on his visa .

Could one of the Mods " un-confuse" me please

[paz]

I am confused.

I thought that extensions based on "dependency" were only granted if the husband/wife also had an extension of stay.

Here the OP claims a valid O-A and says his wife was granted an extension based on his visa .

Could one of the Mods " un-confuse" me please

Allowed since sept 2014.

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

[nzexpat]

<script type='text/javascript'>window.mod_pagespeed_start = Number(new Date());</script>

I am confused.

I thought that extensions based on "dependency" were only granted if the husband/wife also had an extension of stay.

Here the OP claims a valid O-A and says his wife was granted an extension based on his visa .

Could one of the Mods " un-confuse" me please

Allowed since sept 2014.

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

Thanks

Confusion removed !

[steve187]

why not both get a re-enty permit for this trip, and then just before your 'visa' expires do a border run and get a fresh year stamp, your wife would have to do another extension to match your new stamp date, if she could do that without a new non 'O' i don't know.

[skorts]

I am starting to think that every time my wife wants to extend her permission to stay to match mine she will have to have a valid 'O' visa. I have checked the new regulations that Ubonjoe posted last September when they were introduced and this would seem to be the implication.

There seems to be no distinction between extending for the first time as a dependent or subsequent extensions. If you read the regulations literally it says a non-immigrant O visa is required and I wonder if this is how it is being interpreted by immigration.

The new dependent rules are still relatively new and it is unlikely many (if any) have been through the initial dependent extension and renewal of dependent extension process so it is very unclear how this is being applied or will work in practice.

I hope I am wrong but I suspect my wife may have to have a new non-immigrant O visa to be able to extend her current extension once I have completed my renewal process.

[ubonjoe]

The rule says non immigrant visa but what is required is an entry/permit to stay from one. Most extensions of stay have the same requirement.

You can just keep extending that same permit to stay for infinity. It does not mean you have to get a new visa for every extension.

The only way your wife would need a new non-o would be if her current extension was to expire.

The dependent extension clause is not new. It has been in police orders for many years. The only change was that they added in the OA visa part last year.

That is why I wrote earlier that I am not sure that the immigration office really understands how it works for a dependent extension based upon a OA visa entry.

You could try to get a re-entry permit to keep your permit to stay the same when you enter the country. But there is a good chance that on entry to the country they would stamp you in based upon your valid OA visa anyway.

[skorts]

Thanks again Ubonjoe for your very helpful response. If I want to keep my current extension date the same as my wife's it seems I cannot go to Vietnam as immigration at the airport will move it on to April 2016.

We will both get re-entry permits before we leave for the UK and return in November. I will then renew my extension and then we will apply for my wife's extension. Hopefully she will be able to extend off her current extension and we will not need to leave the country to get her another non-migrant O. Here's hoping ...

[ubonjoe]

If you want to get the most you can out of your visa you need to do an entry prior to the enter before date (Sept. 24th ?) to get a new one year entry by using your visa. After that date you will need a re-entry permit to keep that last one year permit to stay valid.

[scrumba]

I am over 50 and have an extension of stay based on my age and income (Non 0). My 47 year old GF is French and here on an ED visa which is becoming increasingly more difficult to maintain or extend. If we married would she be eligible for an extension of stay as my dependent? Would she need to meet the financial requirements separately?

Any help and recent anecdotal experiences would be appreciated.

TIA

[ubonjoe]

I am over 50 and have an extension of stay based on my age and income (Non 0). My 47 year old GF is French and here on an ED visa which is becoming increasingly more difficult to maintain or extend. If we married would she be eligible for an extension of stay as my dependent? Would she need to meet the financial requirements separately?

Any help and recent anecdotal experiences would be appreciated.

TIA

If you get married she would be eligible to get a dependent extension. No financial proof is needed.

She would need to get a non-o visa from a nearby embassy or consulate to apply for it.