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Immigration nightmare wrong visa issued

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I am married 16years to Thai wife (US national) have two sons in Thailand 11 and 14. Wife and kids stay in Pattaya and I have moved to Phuket for work. Kids and wife will follow later after next school term. I went to Phuket Immigration about one month before my visa expires and told them my story. They gave me a list of documents I need to complete my extension based on Marriage. They advised me to go to US Embassy in BKK to get an income letter and bring my wife down to Phuket to apply. After getting my letter I made one more trip to Immigration before I flew my wife down to Phuket to make sure all the documents were OK. They farang officer at the door gave the green light and so next day I flew my wife down to Phuket. Again our documents were checked at the front desk and then when we saw the Thai officer, he told us that since my wife's Tabien Baan was in Pattaya, I have to apply in Pattaya. A bit angered I accepted my fate and made plans to immediately go to Pattaya the next day. 

 

We visited Pattaya immigration together with my wife and one of my sons. They advised us that we need a signature from our house owner on a document in Thai so we took the document and got it signed as requested. Note I am 52 years old and was working for a Thai company until this Feb. when I was terminated. I have a new job now and need to apply for a work permit but the company said I need to extend my visa before they apply for new WP. 

 

When I came back the following day, they checked all the documents gave me a card and told me to come back the next morning. When I came back they handed me my passport and saw they stamped instead of an extension based on marriage, a retirement visa. Now by this time I was getting quite frustrated and although I never raised my voice I found it hard to conceal my disappointment. I told them it was a mistake. The immigration officer said right there he cannot change. Then his assistant said if I pay another 1900 baht fee I can reapply for an extension based on Marriage. So I got a number and visited counter 6 and although my Thai is quite broken my frustration must have caused me to speak in a rude tone. I told them I was working and I applied for a marriage visa. They said who did your paperwork? I told them I did myself. Then they said, see you did wrong paperwork. So I took the application which I had a copy where is says reason for stay I wrote "support family"

 

Then they gave me a document only in Thai that supposedly gave me a list of additional documents I needed and the lady officer told me, "extension based on marry yak mak." 

 

Now thoroughly dejected I left calmly and decided to hire a lawyer. The lawyer/accountant has long relationship with Pattaya immigration. She spoke with them and they told her that both my and my wife were rude to them and that we were screaming at them (not true as my wife was not even with me when I picked up the passport and nobody ever screamed or raised a voice). They said that they absolutely will not change the visa type and that I have to wait until next year when this visa is up to apply for a new one. 

 

So now I am stuck in Thailand on a retirement visa and cannot apply for a work permit. I don't know what to do. Even the lawyer could not help. 

 

My question is, what if I go to BKK Immigration and submit my grievance? Will I risk being blacklisted for making them loose face? Its just a simple mistake and I have been in Thailand long enough to know to stay calm and accept misunderstandings, etc. However, in this case despite my efforts to be honest and follow their advice, I keep hitting brick walls and I am afraid my options are very limited. Its so stressful to be the sole provider to my family and now to risk working without a permit and really being caught for breaking the law vs. risk being blacklisted by contacting BKK immigration, seems like I have no good options. 

 

Any help would be greatly appreciated!

 

 

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Others should comment with more experience with these visa-types - but my first impression would be to leave the country without a re-entry permit, thus cancelling the permission of stay, and apply at a nearby consulate for a Non-O - maybe a multi in Savanahket, which would mean not dealing with the "problem office" any more.  Others can comment on whether a multi-non-O could complicate the work-permit - if so, go for a single.  After you are settled in Phuket, do for the 1-year extension there. 

 

They took the "easy out" by issuing the "easier to process" retirement visa.  Now they blame you for pointing out their lazy-error.  Did they take responsibility, own up to the mistake, and do what's right?  Heck no.  They blame you for being a "problem customer."  Sad.  And this in one of the better offices.

  • Author

 I thought of doing that as My original Non-O based on Marriage was done in Savannakhet last year. However the problem is that last January I went back to America and when I came back to Thailand despite having a legitimate work permit and a company with 20 Thai employees immigration at Suvarnabumi did not let me enter. They told me I have to go back to America and apply for a Non-O marry visa. I explained to them that that is exactly what I have. They said but I went to Savannkhet and got a "new" visa instead of an extension based on marriage. 

 

Finally one younger Immigration officer took me aside and stamped my passport and let me in. 

 

I don't know why they claimed that I didn't have a marriage visa or what the difference between a non-O based on marriage and an extension based in marriage is but that spooked me enough to want to do it right this time and all I did was follow the advice of Immigration after honestly telling them my story but for some reason I am being treated like a criminal. 

You are not stuck with the extension (it is not a visa) based upon retirement for a year. Your best option is to leave the country and get a single entry non-o visa and then apply for the extension based upon marriage during the last 30 days of the 90 day entry from it.

It would be best to obtain proof of residence in Phuket and apply for the extension there.

I seems you showed more than 65k baht income and that is why they did the extension based upon retirement. Be sure you show less than than 65k baht the next time you apply. You are not the first person given an based upon retirement when they did not want one.

 

9 minutes ago, pattayaorganic said:

 I thought of doing that as My original Non-O based on Marriage was done in Savannakhet last year. However the problem is that last January I went back to America and when I came back to Thailand despite having a legitimate work permit and a company with 20 Thai employees immigration at Suvarnabumi did not let me enter.

Not sure why you had a problem when you entered the country unless your multiple entry non-o visa had already expired.

 

45 minutes ago, pattayaorganic said:

 I thought of doing that as My original Non-O based on Marriage was done in Savannakhet last year. However the problem is that last January I went back to America and when I came back to Thailand despite having a legitimate work permit and a company with 20 Thai employees immigration at Suvarnabumi did not let me enter. They told me I have to go back to America and apply for a Non-O marry visa. I explained to them that that is exactly what I have. They said but I went to Savannkhet and got a "new" visa instead of an extension based on marriage. 

 

Finally one younger Immigration officer took me aside and stamped my passport and let me in. 

 

I don't know why they claimed that I didn't have a marriage visa or what the difference between a non-O based on marriage and an extension based in marriage is but that spooked me enough to want to do it right this time and all I did was follow the advice of Immigration after honestly telling them my story but for some reason I am being treated like a criminal. 

 

In that instance at the airport, did they stamp you in for 30-days or 90-days?  If the multi-O was not expired (enter-before date), I would assume 90-days. 

Leave Thailand and return without a re-entry permit and this visas validity will vanish instantly.

  • Author
1 hour ago, ubonjoe said:

You are not stuck with the extension (it is not a visa) based upon retirement for a year. Your best option is to leave the country and get a single entry non-o visa and then apply for the extension based upon marriage during the last 30 days of the 90 day entry from it.

It would be best to obtain proof of residence in Phuket and apply for the extension there.

I seems you showed more than 65k baht income and that is why they did the extension based upon retirement. Be sure you show less than than 65k baht the next time you apply. You are not the first person given an based upon retirement when they did not want one.

 

Not sure why you had a problem when you entered the country unless your multiple entry non-o visa had already expired.

 

The visa was not expired. The original Immigration officer said that because I got a new visa in Suvannakhet and not an extension based on marriage that I should not be allowed in the country. My non-O visa multiple was still valid and based on this I also had a valid work permit. The third young officer who finally let me in did so after seeing my work permit

 

I have proof of residence in Phuket but since my wife and kids are staying in Pattaya until next term, Phuket Immigration would not issue the extension and said I had to go to Pattaya 

 

  • Author
1 hour ago, ubonjoe said:

You are not stuck with the extension (it is not a visa) based upon retirement for a year. Your best option is to leave the country and get a single entry non-o visa and then apply for the extension based upon marriage during the last 30 days of the 90 day entry from it.

It would be best to obtain proof of residence in Phuket and apply for the extension there.

I seems you showed more than 65k baht income and that is why they did the extension based upon retirement. Be sure you show less than than 65k baht the next time you apply. You are not the first person given an based upon retirement when they did not want one.

 

Not sure why you had a problem when you entered the country unless your multiple entry non-o visa had already expired.

 

Could I try for a multiple non-O in Savannaket again and use the 90 day non-O as a back up strategy in case they did not issue the one year multiple?

you will have no problem with the multi non imm 'o' at Savannakhet, just get all the paperwork in order

In general, this is just crazy bad luck with lazy, mentally-challenged immigration officer,s but your experience entering on a Savannakhet multiple entry O and work permit was especially odd. They seemed to be saying that you cannot work on a Multi O from Savannakhet, which is ridiculous even by deranged IO standards.

Edited by BritTim

10 hours ago, pattayaorganic said:

Could I try for a multiple non-O in Savannaket again and use the 90 day non-O as a back up strategy in case they did not issue the one year multiple?

There would be no trying at Savannakhet you would certainly get a multiple entry non-o visa. Just have your marriage certificate plus a copy, signed copies of your wife's house book registry and ID card.

Everyone must always review all new extensions for errors,  and anything a Immigration Officer stamps in a Passport before leaving the Immigration Office, the Airport or border.  They are human and make mistakes.  Easier to correct immediately after the error is made.

18 minutes ago, Kabula said:

Everyone must always review all new extensions for errors,  and anything a Immigration Officer stamps in a Passport before leaving the Immigration Office, the Airport or border.  They are human and make mistakes.  Easier to correct immediately after the error is made.

 

Good advice but, in the OP's case, he did as you advised. As soon as he saw the stamp in the passport, he pointed out the (deliberate) error. It did not help. They refused to correct it.

12 minutes ago, BritTim said:

 

Good advice but, in the OP's case, he did as you advised. As soon as he saw the stamp in the passport, he pointed out the (deliberate) error. It did not help. They refused to correct it.

In that case I would have demanded to speak with his Supervisor and continue going up the chain of command the same day even if I have to call higher ups.

 

If that didn't work, I would pay a competent lawyer with political connections a retainer to call the Officer and go back up the chain of command.

 

If that didn't work, I would leave the country as recommended and start all over.

Its really easy They see multiple stamps in your passport Get a new passport then as the other member said they leave the country and enter with the new passport

Get a non o issued as well on your trip out of Thailand

1 hour ago, Kabula said:

Everyone must always review all new extensions for errors,  and anything a Immigration Officer stamps in a Passport before leaving the Immigration Office, the Airport or border.  They are human and make mistakes.  Easier to correct immediately after the error is made.

Correct especially in Thailand 

I wouldn't put much faith in Phuket Immigration. If you remember I went in Aug to switch from retirement to marriage with all the correct paperwork, and still ended up with a retirement extension. Went back and asked why I had the wrong one, and they just mumbled something about my first year of retirement.....just nonsense.

i will be relocating before next years renewal, so I should be able to switch in LoBuri next time. Anybody have info on their immigration office?

I don't know if tipping is allowed at that office but up here in Issan, Having your wife tell them you intend to leave a nice tip insures that they will take care of everything, they take all pictures, make copies, fill out forms, and then every time you come back, they greet you with a smile and get you out of there promptly. Do not hand them the tip until they are done with you, any earlier is a bribe. They are not the enemy. I had a nightmare similar to yours when I didn't know they could even except a tip.

1 hour ago, realenglish1 said:

Its really easy They see multiple stamps in your passport Get a new passport then as the other member said they leave the country and enter with the new passport

Get a non o issued as well on your trip out of Thailand

 

Which stamps in the existing passport do you see as the problem?

4 hours ago, Mansell said:

I wouldn't put much faith in Phuket Immigration. If you remember I went in Aug to switch from retirement to marriage with all the correct paperwork, and still ended up with a retirement extension. Went back and asked why I had the wrong one, and they just mumbled something about my first year of retirement.....just nonsense. ...

 

As UJ already pointed out, to avoid that happening again, ...

 

20 hours ago, ubonjoe said:

...

I seems you showed more than 65k baht income and that is why they did the extension based upon retirement. Be sure you show less than than 65k baht the next time you apply. You are not the first person given an based upon retirement when they did not want one.

...

 ... or less than 800K in the bank, if using that method - maybe just 410K, to be safe. 

Could you not change your wifes Tabien Baan now to your place of residence in Phuket in anticipation of her permanent move? Take a trip out of the country, without re-entry permit as suggested, and start all over again at the Phuket IO on your return.

  • Author
9 hours ago, Grubster said:

I don't know if tipping is allowed at that office but up here in Issan, Having your wife tell them you intend to leave a nice tip insures that they will take care of everything, they take all pictures, make copies, fill out forms, and then every time you come back, they greet you with a smile and get you out of there promptly. Do not hand them the tip until they are done with you, any earlier is a bribe. They are not the enemy. I had a nightmare similar to yours when I didn't know they could even except a tip. 

I have been here long enough and know the right people to attempt tipping and I actually hired a lawyer with the proper connections to "tip" but strangely they were so outraged at my pointing out of their mistake that they informed my lawyer that they would have "nothing to do with this case and would not accept any tipping whatsoever"

 

Note that they lied to the lawyer that my wife and I came into the office and "screamed at them" which is a double lie because first the wife was not with when I picked up the passport and secondly nobody screamed. 

 

I think the tone of my Thai was disrespectful in retrospect as I was so frustrated after being misled in Phuket and having to go to Pattaya and I am a skin head muscled white guy and people tell me I look intimidating when I am angry. The immigration officers were ladies and perhaps I made them feel uncomfortable in addition to losing face for pointing out their mistake. They all worked very hard to try to blame me but I held up the paperwork where is says "reason for extension" and I showed the SUPPORT FAMILY I wrote.

 

After reading through all the advice I think my best option is to go to Savannakhet and hope that the entry problem last time was just an anomaly and I do have a new passport now and then I can apply for the extension next year.

 

I have one more major question: Since I got married I have applied for a Non-O based on marriage but Suvarnabumi and also my lawyer complained that its just a Non-O multiple not based on marriage. Is there a specific stamp for marriage?

  • Author

oh and thanks to everyone who took the time to respond! Good Karma to all of you...

To all the posters who say that as long as you follow the rules there will be no problem - Bah!

 

Taint what you know, tis who you know!

 

What a load of unnecessary stress and expense!

An experience like this would cause many to vote with their feet if they could.....

 

Better luck next time OP.

Pattayaorganic, from a strictly regulatory point of view, there is no extension of stay for "support family". In your case, you had and now were applying for a new extension for living with your Thai wife.

 

The Phuket office apparently played difficult because you were not, at the time of the application, living with your Thai wife, not under the same roof, not at the same address, not even in the same town.

 

The Pattaya office probably gave you a retirement extension because this meant less work for them and the documents you submitted regarding finances qualified you for it, and it allowed you to stay in Thailand to "support" your family just like a marriage extension would have done.

The single biggest problem in communication is the illusion that it has taken place

 

One complication with starting afresh with a new entry with a non-O visa could be that some regional departments of employment do not issue a work permit to a foreigner with that type of permission to stay. They want to see a one-year extension of stay. I don't know how this is in Phuket.

The single biggest problem in communication is the illusion that it has taken place

 

4 hours ago, Maestro said:

One complication with starting afresh with a new entry with a non-O visa could be that some regional departments of employment do not issue a work permit to a foreigner with that type of permission to stay. They want to see a one-year extension of stay. I don't know how this is in Phuket.

 

Do you know which regional departments will not issue a work permit on a multi entry non O?Just received mine 2 weeks ago and planning on a work permit in Chiang Rai province. Hopefully the OP gets everything sorted, wouldn't wish what happened to him on anyone.

 

good morning,

 

just what pops to my mind the op was given a retirement extension in joimtien within 24 hours ????? normally the have to send the paperwork before to bkk for approval, hence the op should have received firstly a stamp "under consideration 30 days", do i miss out on something.

 

wbr roobaa01

31 minutes ago, roobaa01 said:

good morning,

 

just what pops to my mind the op was given a retirement extension in joimtien within 24 hours ????? normally the have to send the paperwork before to bkk for approval, hence the op should have received firstly a stamp "under consideration 30 days", do i miss out on something.

 

wbr roobaa01

An extension of stay based upon retirement does not have to be approved by Bangkok.

He wanted an extension of stay based upon marriage so that he can work which would have to be approved by Bangkok

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