Non O Extension - 2 Working Days Left !

[Scottish Thailander]

Help!

I may have missed the boat but I am not sure.

I applied in Suan Phlu for a NON-O based on Married to a Thai in early August with all the paperwork required (400k in bank, copies of marriage certs, etc.) and paid the fees. I then waited the required month for it to be approved and it was on the 16th August (2006).

The "admitted 16 Aug 2006 Until 13 Nov 2006" permission to stay stamp was also issued in my passport on the page following the visa stamp.

That means I have 2 more working days to get an extension!!!

HOWEVER.....

I have been given two stories....

1) I did not EXTEND my visa prior to 1st October and therefore I am no longer able to use the bank balance etc to get the extension to a years stay. I have not got a joint 40k income and therefore will not be eligible to extend my non-o.

2) As I applied and was issued a NON-O Visa prior to 1st October I/it has been grandfathered and I should be eligible to use the 400k bank balance etc as submitted 3 months ago to get an extension to 1 year and continue to do so in the future.

Can someone clarify this for me please? WHICH IS TRUE ?

Thanks.

[Maestro]

Scottish Thailander, I do not quite understand what you applied for in August but everything you say seems to indicate that you applied for, and were granted, a change of visa status from whatever status you had (visa-exempt entry or tourist visa) to a non-O visa, i.e. you submitted form TM.86 and paid a fee of THB 2,000.

If this is the case, what you need to do now is apply for an annual extension of stay (form TM.7, fee THB 1,900) and it will be interesting to see how Immigration handles it. Hopefully, somebody has already done this during this transition period and will report his experience. Myself, I do not know the answer.

I have seen posts here saying that only if somebody already had an approved extension of stay for support of Thai wife before 1 October 2006 (which you do not have) his status is “grandfathered”, i.e. he can continue to apply for future extensions with proof of 400K in the bank.

I find your case interesting because the two English translations I have seen of the new rules say

Translation of Sunbelt

7.17(6) In case of the applicant who is married to a Thai wife, one of them or both of them need to have the total annual income that is averaged out not less than 40,000 Baht per month. Except for the case that the said foreign national has entered Thailand before this Order is enforced and the foreign national has been permitted to stay in the Kingdom by the result of having married to a Thai wife, then if the applicant does not have the said income, then, the latest 3 months records of the account book of any Bank in Thailand with the account name of either or both parties need to have the amount of money not less than 400,000 Baht.

Translation of Immigration Bureau

7.17(6) In the case of an alien married to a Thai woman, any party or both must have a total income of not less than Baht 40,000 per month, except for aliens who entered the Kingdom before this Order came into force and granted a permit to stay in the Kingdom. If the alien does not have the minimum income above, he shall have an account deposit in Thailand in the name of either party or both of not less than Baht 400,000. Proof of account deposit for the previous 3 months is required.

I say your case is interesting because I understand that Immigration accepts an application for a change of visa status to non-O only if the applicant meets the criteria for extension of stay of such non-O status, in your case for support of Thai wife, and you indicate that you submitted all necessary documents to show that you did meet these criteria. Will Immigration now interpret your current status as having “been permitted to stay in the Kingdom by the result of having married to a Thai wife” before 1 October (from Sunbelt’s translation)?

You have left it a little late to find out, and I do hope that your application will be “grandfathered”.

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Maestro

Edited November 9, 2006 by maestro

[Scottish Thailander]

maestro

Applied for and granted, a change of visa status from tourist visa to a non-O visa, i.e. submitted form TM.86 and paid a fee of THB 2,000.

Yes, late checking but thought I had no problem as possibly wrongly assumed that Suan Phlu would have mentioned at the time of applying if this was a waste of time so close to the cut off date they knew about but I didn't. TIT.

Thanks for the comments. Will go in tomorrow and see what happens.

[Maestro]

Thanks for the comments. Will go in tomorrow and see what happens.

Good Luck! And please come back to report how it went. I am not in your situation, but not doubt there are others who are and who will be interest in how your case is being handled.

---------------

Maestro

[Scottish Thailander]

Maestro,

Update for you......

Despite the actual visa being the same the issue date has no meaning.

The only date Suan Phlu are interested in is the extension date.

If the visa has been given a 1-year extension prior to 1st October 2006 then it is considered grandfathered and you can go by the old renewal rules (400k in the bank, etc).

If it was issued but not given a 1-year extension prior to that date then the new rules apply (40k+ monthly income, etc) for an extension to be granted.

I do not qualify as my visa, although approved prior to the date and issued to me, had not yet been extended as the 3 months was not up and it was not due for one. If they had told me I would have payed the money and extended it for a year the day they issued it if that had been allowed but as no-one said anything (and as I thought I was ok I had not checked on here) so the visa expires on monday and I can not extend it as I have not got a 40k+ authorised income. Guess it's a run to Poi Pet tomorrow for a 30-day tourist and then ...... ?????

Hope not too many others fell in the same crack.

Thanks for the advice.

[lopburi3]

Sorry for the bad new but why not make a quick trip to Singapore and obtain a multi entry non immigrant O visa there? That might be cost effective in the long run and will provide breathing room to figure out how to get the wife employment at 40k per month or yourself for future extension of stay.

[Scottish Thailander]

Nice thought lopburi3 and thanks for the condolences.

I have another option to buy some time.... A one time local (ha ha) border run to get a 30 day tourist on arrival visa and then a trip to get a letter saying i am studying for the 30 hours a week or more for the next year or more with them from the uni and back to Suan Plu for a bt1900 1 year Non-O ED visa.

1 year no hassles! Renewable yearly too! Just (ha ha) gotta commit 26-30 hours a week. Not great but do-able and just about the best available option for me. Might not suit all, I admit.

Thanks.