Question about ED visa stay and dependants visa

[Slavomir]

Would somebody be able to confirm please, if it is possible for my wife to come to Thailand on ED visa (she would study Thai and attend the classes)

and I (and our 2 y.o daughter) would get Non-immigrant O Visa ?

And maybe after 12 months I could study and she would get non immigrant O?

We are both from UK, have enough funds in the bank, and school would be in Koh Samui.

Many thanks for advice!

Edited May 31, 2016 by Slavomir

[johnatong]

Unless your wife can secure an 'extension of stay based on attending school' from immigration your plan will not work.

Edited May 31, 2016 by johnatong

[beano2274]

When your wife has an extension of stay from the Immigration office in Thailand then you can piggy back that, not before.

[ubonjoe]

It is possible for dependents of a person that has an extension of stay based upon attending school to get an extension. A single entry non-o visa could be obtained in order for them to get the extensions.

Since it would be for a language school the extensions would only be for 90 days. That means the dependents would have to get new extensions every 90 days.

If your child was old enough to attend it would be possible for one parent to get an an extension based upon them attending school. It would require 500k baht in a Thai bank to do the application.

[Slavomir]

Great, thanks to everybody for the feedback / advice and answers..

Does anyone knows, how soon she would get that "extension of stay based on attending school"?

Should we all get single entry visa (or multiple entry if possible) for us all at first and wait till she get that extension?

And then can we get non-i O visa from within Thailand?

[ubonjoe]

Great, thanks to everybody for the feedback / advice and answers..

Does anyone knows, how soon she would get that "extension of stay based on attending school"?

Should we all get single entry visa (or multiple entry if possible) for us all at first and wait till she get that extension?

And then can we get non-i O visa from within Thailand?

She could apply for her first 90 day extension during the last 30 days of the 90 day entry from the non-ed visa you will need to get first at an embassy or consulate.

When she applies for her non-ed visa with paper work from a school it would be possible for you and your daughter to apply for single entry non-o visas at the same time. Then you could get your extensions as soon as she has her extension done.

You do not get non-o visas within the country.

[Slavomir]

Thank you so much ubonjoe.. very useful info!

Can I please just recap if I understand this correctly, because it's a bit confusing and I really need to get this right..

For my wife:

1) While still in UK we'll send the paperwork for applying ED visa to school in Samui, They will send the docs to Ministry of Education in Surat Thani that will issue an approval letter.

2) Once letter is obtained school will send us required papework so we can apply for 3 month single entry ED visa at London embassy.

3) We arrive in Thailand, and at emigration booth at the airport she should get a stamp with a 90 day permit to stay.

4) After 3 months in Thailand, and studying she (or the school on her behalf) will apply for 90 day extension.

5) If this extension is approved , we have to travel outside the country (e.g. Laos) to a thai embassy and apply there for a non emigrant O visa?

Or are you saying that we could apply for this at point 2?

[ubonjoe]

Thank you so much ubonjoe.. very useful info!

Can I please just recap if I understand this correctly, because it's a bit confusing and I really need to get this right..

For my wife:

1) While still in UK we'll send the paperwork for applying ED visa to school in Samui, They will send the docs to Ministry of Education in Surat Thani that will issue an approval letter.

2) Once letter is obtained school will send us required papework so we can apply for 3 month single entry ED visa at London embassy.

3) We arrive in Thailand, and at emigration booth at the airport she should get a stamp with a 90 day permit to stay.

4) After 3 months in Thailand, and studying she (or the school on her behalf) will apply for 90 day extension.

5) If this extension is approved , we have to travel outside the country (e.g. Laos) to a thai embassy and apply there for a non emigrant O visa?

Or are you saying that we could apply for this at point 2?

When your wife applies for the non-ed visa you can also apply for the non-o visas for yourself and your child.

I suggest you have your marriage certificate and your child's birth certificate legalized prior to traveling since it will be one of the requirements when you apply for your dependent extensions. Info here https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/461071/Legalising_a_signature_or_seal_final_Sept_15.pdf and a info graphic here https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/461072/legalisation_infographic.pdf

[Slavomir]

When your wife applies for the non-ed visa you can also apply for the non-o visas for yourself and your child.

I suggest you have your marriage certificate and your child's birth certificate legalized prior to traveling since it will be one of the requirements when you apply for your dependent extensions. Info here https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/461071/Legalising_a_signature_or_seal_final_Sept_15.pdf and a info graphic here https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/461072/legalisation_infographic.pdf

Thank you again ubonjoe for your advice. They certainly doesn't make it easy, hopefully this paperwork won't take as long as getting our daughters British passport!

btw, when you said "When your wife applies for the non-ed visa " , you meant "ED visa" I assume..

[johnatong]

When your wife applies for the non-ed visa you can also apply for the non-o visas for yourself and your child.

I suggest you have your marriage certificate and your child's birth certificate legalized prior to traveling since it will be one of the requirements when you apply for your dependent extensions. Info here https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/461071/Legalising_a_signature_or_seal_final_Sept_15.pdf and a info graphic here https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/461072/legalisation_infographic.pdf

Thank you again ubonjoe for your advice. They certainly doesn't make it easy, hopefully this paperwork won't take as long as getting our daughters British passport!

btw, when you said "When your wife applies for the non-ed visa " , you meant "ED visa" I assume..

"btw, when you said "When your wife applies for the non-ed visa " , you meant "ED visa"

Same beast slightly different words ! The "ED" visa is one of a family of Non Immigrant visas !

[Slavomir]

I've just heard the children under age of 15 don't need ANY visa?! Is that true?

[johnatong]

I've just heard the children under age of 15 don't need ANY visa?! Is that true?

NOT true ! Children should have an appropriate visa.

If children arrive with a passport issued by a qualifying country without a visa they will be given a "visa exempt" entry. Overstaying the stay permitted by the VE entry will result in an Overstay Stamp being placed in their passport although they will not be fined.

[Slavomir]

I've just heard the children under age of 15 don't need ANY visa?! Is that true?

NOT true ! Children should have an appropriate visa.

If children arrive with a passport issued by a qualifying country without a visa they will be given a "visa exempt" entry. Overstaying the stay permitted by the VE entry will result in an Overstay Stamp being placed in their passport although they will not be fined.

Thanks, so what's the recommended practice here? Our daughter has British passport (we have Slovakian) Even If we won't be fined will it get us in trouble? What's the worst that can happen ?

[johnatong]

I've just heard the children under age of 15 don't need ANY visa?! Is that true?

NOT true ! Children should have an appropriate visa.

If children arrive with a passport issued by a qualifying country without a visa they will be given a "visa exempt" entry. Overstaying the stay permitted by the VE entry will result in an Overstay Stamp being placed in their passport although they will not be fined.

Thanks, so what's the recommended practice here? Our daughter has British passport (we have Slovakian) Even If we won't be fined will it get us in trouble? What's the worst that can happen ?

The 'Worst" that can happen is that your child could be refused entry to a nursery/kindergarten/school in the absence of an appropriate visa.

The recommended practice would be to ensure the child has a visa.

Why would you not wish the child to be fully legal in a foreign country?

[Slavomir]

I've just heard the children under age of 15 don't need ANY visa?! Is that true?

NOT true ! Children should have an appropriate visa.

If children arrive with a passport issued by a qualifying country without a visa they will be given a "visa exempt" entry. Overstaying the stay permitted by the VE entry will result in an Overstay Stamp being placed in their passport although they will not be fined.

Thanks, so what's the recommended practice here? Our daughter has British passport (we have Slovakian) Even If we won't be fined will it get us in trouble? What's the worst that can happen ?

The 'Worst" that can happen is that your child could be refused entry to a nursery/kindergarten/school in the absence of an appropriate visa.

The recommended practice would be to ensure the child has a visa.

Why would you not wish the child to be fully legal in a foreign country?

Well of course I wish for my child to be fully legal in a foreign country!

It's just I'm getting some conflicting information, the manager of one of the schools in Koh Samui wrote, and I quote: "the kids under 15 don’t need any visa".

So I'm at the stage of gathering the information , and part of it would be to know what would be the consequences of my daughter not having visa..

If it was inconsequential then cool, but if not, and it's true what you're saying and the school manager isn't correct, then of course we will sort out the visa for her as well.

[johnatong]

Slavomir

Perhaps that 'school' is one to avoid.

Try asking the same question at one of the better schools ----this one for example .... http://www.bisphuket.ac.th/

[ubonjoe]

Saying children under the age of 15 do not need visas is grossly incorrect, They are only exempt from paying overstay fines.

[Slavomir]

Saying children under the age of 15 do not need visas is grossly incorrect, They are only exempt from paying overstay fines.

Thank you for clarifying ubonjoe, I think I'd better verify some of her other statements and claims then!

After I wrote :

...So the plan is for my wife to get a 1 year ED visa for start, and me and my daughter non immigrant O visa..

She replied with:

Some embassies and consulates will do the Non-O following an ED visa but not all.

Pretoria in South Africa is one but as for any others, it’s really up to the students to find out for themselves, so you better ask to the Thai Embassy in London to be sure that they will give you the NON-O;

Would you say that's also inaccurate?

[ubonjoe]

I am certain the embassy in London will do the single entry non-o visas when the non-ed is applied for. Just contact them to confirm.

[Slavomir]

I am certain the embassy in London will do the single entry non-o visas when the non-ed is applied for. Just contact them to confirm.

thank you ubonjoe!

Do you know if one can request a visa validity "starting date"?

E.g. I will start the whole procedure (to get ED visa for wife) soon-ish, but we will ask that visa will be valid from 1 october ?

As this would allow us to book the accommodation and plane ticket well in advance,

without the risk of booking to soon and visa not going through in time, or having visa but not having enough time to book the flights and accommodation..

[ubonjoe]

I am certain the embassy in London will do the single entry non-o visas when the non-ed is applied for. Just contact them to confirm.

thank you ubonjoe!

Do you know if one can request a visa validity "starting date"?

E.g. I will start the whole procedure (to get ED visa for wife) soon-ish, but we will ask that visa will be valid from 1 october ?

As this would allow us to book the accommodation and plane ticket well in advance,

without the risk of booking to soon and visa not going through in time, or having visa but not having enough time to book the flights and accommodation..

The 3 month validity of the visa starts from the date it is issued. The visas validity does not limit the amount of time you can stay it is only the last day you can use the visa to obtain a 90 day entry.

It is is not possible to request a different date.