Non Immigrant O visa for dependent studying overseas

[synchronise]

My Thai daughter of 19 years old is studying her degree in Europe and I support her living and tuition costs via my Thai bank account. I am divorced. I would like to get a non Immigrant O visa, which I will apply for in the UK. This gives me 3 months after which I have to go to the Thai immigration office to renew for 1 year.

I am told that if my daughter is not living and/or studying in Thailand AND is not physically sitting in front of the immigration officer during the application process that they will not issue the visa, even though I have all of the documentation to provide the expenses and her birth certificate and Thai ID card.

I am also told if she cannot go to the Thai Embassy to prove her status but MUST be in front of the immigration officer.

Could someone confirm that this is Thailand's official policy? Am I missing something?

[ubonjoe]

37 minutes ago, synchronise said:

I am told that if my daughter is not living and/or studying in Thailand AND is not physically sitting in front of the immigration officer during the application process that they will not issue the visa, even though I have all of the documentation to provide the expenses and her birth certificate and Thai ID card.

Unfortunately the info you were told is correct.

The police order does not state you child must be present or be in the country but immigration will insist they be with you when you apply. Most offices also want photos showing you and your child together in your home.

Your best option may be to get a multiple entry non-o visa that would require you to leave the country every 90 days.

You could try for the extension or even ask it be taken to a higher lever to get approval. Having the multiple entry visa would be a fallback in case you could not get the extension.

[synchronise]

Thank you for this information. Very helpful.

With regard the multi entry non O visa requiring me to leave the country every 90 days, Does that mean every 90 days I need to apply for a new O visa or is the O Visa a 1 year visa but requiring me to leave the country every 90 days?

The reason I ask is that the Labour department only issues work permits for 1 year visas (I am told). This would mean I would need to apply for a new work permit every 90 days (if allowed) or they would not renew my work permit.

 

Aside gripe: All very sad that when you are supporting your Thai child to be educated overseas you get penalised for that. Not even being able to use an Embassy (Thai land) to verify to dependent status. But I suppose that comes with the territory.

[Phuket Man]

A Multi Entry Non Imm O Visa will actually give you almost 15 months stay.

 

Unlimited amount of entries , but a max of 90 days each entry.

Edited July 26, 2017 by Phuket Man

[ubonjoe]

9 minutes ago, synchronise said:

The reason I ask is that the Labour department only issues work permits for 1 year visas (I am told).

That is not correct. Work permits are no longer tied to a permit to stay (since 2008 in fact).. Many people have one year work permits with a multiple entry visa that requires them to leave and re-enter the country every 90 days.

[synchronise]

So just to confirm, this is a continuous visa, but I have to leave the country every 90 days and re-enter only. No applications at an embassy required.

Do I have to apply for the multi entry O visa at my home country or any country with an embassy? Do I have to have my daughter there with me with photos in a home situation (even though we are in the UK) when applying?

Will the visa state 1 year?

I am going back to the UK in August, so was thinking of doing then. Presently I have a non immigrant B visa which runs out in October with work permit which was re-issued in July.

Thanks for the help!

[Mattd]

If the OP is going to work in Thailand and wishes to stay in Thailand without having to leave every 90 days, then so long as his work qualifies, an option would be to request a SE non-o visa based on his daughter, then extend this for one year based on work, the only risk would be if he lost the job, so the extension would be cancelled, if that happened then could revert to the ME non-o plan.

[synchronise]

11 minutes ago, synchronise said:

So just to confirm, this is a continuous visa, but I have to leave the country every 90 days and re-enter only. No applications at an embassy required.

Do I have to apply for the multi entry O visa at my home country or any country with an embassy? Do I have to have my daughter there with me with photos in a home situation (even though we are in the UK) when applying?

Will the visa state 1 year?

I am going back to the UK in August, so was thinking of doing then. Presently I have a non immigrant B visa which runs out in October with work permit which was re-issued in July.

Thanks for the help!

Thanks Matt, I have my own registered small business, so that would not be a problem. However, the same questions apply above.

[pee paub]

Another thing you should perhaps consider - Jomtien immigration told me I could only qualify for this type of extension until my children reached 20 years old. She suggested I switch to a retirement extension.

[Mattd]

Your child would not have to be present at the Thai Embassy in London to apply for either a SE or ME non-o visa.

You would need to provide a copy of her Thai birth certificate showing you as the Father.

UJ will know a lot more about the specific requirements.

A ME non-o would have a validity of 1 year from issue and allow you 90 days per time in Thailand, then you would have to depart to another country, if timed right you would get a total of nearly 15 months off the visa.

Edited July 26, 2017 by Mattd

[Mattd]

1 minute ago, pee paub said:

Another thing you should perhaps consider - Jomtien immigration told me I could only qualify for this type of extension until my children reached 20 years old. She suggested I switch to a retirement extension.

Unfortunately the retirement option would not tie in with his work permit side of things, even if he qualified for a retirement extension.

[Maestro]

25 minutes ago, synchronise said:

...Will the visa state 1 year?...

 

The visa will state that it is valid for multiple entries, ie an unlimited number of entries, until the "enter before" date shown on the visa, which will be one year after the visa's issue date

[synchronise]

Pee paub - Thanks for that. The only problem with a retirement visa is that it does not allow me to work.

Mattd - thanks for that. My daughter will be with me in the UK and I have her birth certificate. I will be going to the Glasgow Consulate.

I think I will go for the multiple entry at pop out every 90 days.

 

Just these questions need clarified

Do I have to leave the country every 90 days and re-enter only. No applications at an embassy required.

Do I have to apply for the multi entry O visa at my home country or any country with an embassy? Do I have to have my daughter there with me with photos in a home situation (even though we are in the UK) when applying?

Will the visa state 1 year?

[Mattd]

1 minute ago, synchronise said:

Pee paub - Thanks for that. The only problem with a retirement visa is that it does not allow me to work.

Mattd - thanks for that. My daughter will be with me in the UK and I have her birth certificate. I will be going to the Glasgow Consulate. - I suspect that you can only apply in London, but can be done by post.

I think I will go for the multiple entry at pop out every 90 days.

 

Just these questions need clarified

Do I have to leave the country every 90 days and re-enter only. No applications at an embassy required. - No embassy interaction required, just leave and come back.

Do I have to apply for the multi entry O visa at my home country or any country with an embassy? Do I have to have my daughter there with me with photos in a home situation (even though we are in the UK) when applying? - Pretty sure it has to be in the UK as it will be based on your daughter and no photos required.

Will the visa state 1 year? - Maestro has answered this.

In bold, others will correct me if I am wrong.

[pee paub]

4 minutes ago, synchronise said:

Pee paub - Thanks for that. The only problem with a retirement visa is that it does not allow me to work.

Mattd - thanks for that. My daughter will be with me in the UK and I have her birth certificate. I will be going to the Glasgow Consulate.

I think I will go for the multiple entry at pop out every 90 days.

 

Just these questions need clarified

Do I have to leave the country every 90 days and re-enter only. No applications at an embassy required.

Do I have to apply for the multi entry O visa at my home country or any country with an embassy? Do I have to have my daughter there with me with photos in a home situation (even though we are in the UK) when applying?

Will the visa state 1 year?

You're welcome Mr. Synchronise. I was just reporting what she told me, in particular about the maximum age limit, not suggesting a retirement extension is the solution for you.

[synchronise]

35 minutes ago, Maestro said:

 

The visa will state that it is valid for multiple entries, ie an unlimited number of entries, until the "enter before" date shown on the visa, which will be one year after the visa's issue date

Thanks everyone.

Looking a the Consulate information I can only apply for a single entry No Immigrant O visa. Can I upgrade that to a 1 year visa multi-entry in Bangkok so there is break in the visa?

If there is a break in the visa it means I have to reapply for my work permit.

 

[ubonjoe]

Just now, synchronise said:

Looking a the Consulate information I can only apply for a single entry No Immigrant O visa. Can I upgrade that to a 1 year visa multi-entry in Bangkok so there is break in the visa?

If there is a break in the visa it means I have to reapply for my work permit.

 

Which consulate. The embassy in London will issue a multiple entry non-o visa but the honorary consulates in UK cannot issue them.

You cannot change to a multiple entry non-o within the country.

Not problem for the work permit since it is not tied to your visa's validity.

[Mattd]

As Joe states, you must apply for a ME non-o visa from the Thai Embassy in London, this can be done by post.

http://thaiembassyuk.org.uk/en/types-of-visa#section5

I do not think any of the embassies local to Thailand will issue a ME non-o based on your daughter, only on marriage.

[elviajero]

3 hours ago, synchronise said:

Aside gripe: All very sad that when you are supporting your Thai child to be educated overseas you get penalised for that. Not even being able to use an Embassy (Thai land) to verify to dependent status. But I suppose that comes with the territory.

The visa/permit to stay is issued on the basis that you are visiting/living with your child in Thailand. Dependency/support has nothing to do with it. If she's not in Thailand you don't meet the basis for issuing the the visa/permit so don't have anything to gripe about.

[synchronise]

I was applying via the Glasgow Consulate which only allows for a single entry applications. For multiple entry visas you must sent to the London Embassy with payment by postal order only.

My fear I would not getting the visa back on time taking into consideration post, processing and return. I will be in the UK for 25 days.

Thank you everyone for your help.

 

 

[ubonjoe]

10 minutes ago, synchronise said:

My fear I would not getting the visa back on time taking into consideration post, processing and return. I will be in the UK for 25 days.

Many reports of getting it done by post in a week or less.

[synchronise]

That is great to know. Thanks.

[ubonjoe]

1 hour ago, Mattd said:

I do not think any of the embassies local to Thailand will issue a ME non-o based on your daughter, only on marriage.

The consulate in Penang will issue one if you have 400k baht in the bank or proof of income.

[synchronise]

Thanks for that. Maybe that is the way to go. Run with my existing visa until a couple of weeks before it expires and then go to Penang for the non imm O multiple entry.

Thanks again.

 

[elviajero]

8 minutes ago, synchronise said:

Thanks for that. Maybe that is the way to go. Run with my existing visa until a couple of weeks before it expires and then go to Penang for the non imm O multiple entry.

Thanks again.

Much easier to do it by post to the London Embassy. You'll have tha passport/visa back within a week.

[synchronise]

4 hours ago, elviajero said:

Much easier to do it by post to the London Embassy. You'll have tha passport/visa back within a week.

Yes I tend to agree, but I have flights to Europe booked 10 days after arrival and if i did not get my passport back before, i would not be able to travel around Europe.

All together I think this thread will help many under the same dilemma and has certainly helped me understand better. Thanks all.

[YetAnother]

18 hours ago, ubonjoe said:

or even ask it be taken to a higher lever to get approval.

hmmm; immigration office visits are often stressful; what is the process for such an 'appeal' ?

[ubonjoe]

1 minute ago, YetAnother said:

hmmm; immigration office visits are often stressful; what is the process for such an 'appeal' ?

It is not an appeal since there is none mentioned in the police order.

In clause 2.18 (5) for extensions based upon being the parent of a Thai  there is this statement.

Quote

For other necessary cases, the Commissioner or Deputy Commissioner of
Immigration Bureau is granted the authority to make decisions regarding approval on a
case-by-case basis.