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Answered6 years ago

Can an American husband apply for a Non-O spouse visa in Thailand without leaving the country?

Gaynor *******
asked Mar 13, 2021
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Can my friend’s (she’s Thai) soon to be husband (they are getting married soon) (he’s American) apply for a non-O spouse visa in Thailand? Or does he need to leave the country to do it?

He was on a non-B which has now expired, and is now on the 60 day Covid stamp.
Answer summary
The American fiancé can apply for a Non-O spouse visa in Thailand after marrying his Thai partner. Although he is currently on a 60-day Covid stamp and had an expired Non-B visa, there may be a possibility to switch to a Non-O visa without leaving Thailand. However, this is dependent on the immigration office's policies and requires him to meet certain financial requirements. The recommended first step is to get legally married and then consult the local immigration office for guidance.
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Tod *********
Tod *********
I don't think he can go from a covid extension from 90 day Non-B entry stamp (that has expired) to a non-O inside the country because at least in theory he's still on the "entry" from the Non-B visa (meaning he hasn't left and came back in to 'break the chain'.

As people correctly said; whether they can or can't do is totally up to the immigration office they're dealing with.

The first step is to GET married, then head over to the immigration office and talk to them.
Tod *********
Tod *********
Okay, I think what people are confusing is a Non-B VISA (which is good for 90 days) and which cannot be switched to ANY other visa type inside the country and an extension of stay based on employment (which is usually issued for a year at a time) which CAN be switched to a yearly extension based on marriage to a thai (not to a Non-O VISA)
Gaynor *******
Gaynor *******
OP
I personally was on a non-b for years, then married a Thai man and changed to a non-o marriage visa, so I guess it can be done.
Ellie *******
Ellie *******
Weren't you on extension based on employment (which you did 90days report)? Or you were with real visas from Thai consulate (and you applied for new visa every thee month or one year at Thai embassy/consulate aborad) in another country (which you were getting out/in Thailand every 90days)?
Benjamin ******
Benjamin ******
Samui is an interesting immigration office. In most cases, once they are legally married, the husband should be able to get a Non-O visa inside Thailand based on marriage to a Thai national, and then get a one year extension of stay based on marriage. This may require him to meet the financial requirements though.

I received giving them a call and asking them directly.
************************************************
Ellie *******
Ellie *******
Are you sure for him to be able to apply for a new visa in-country even he was on an entry stamp not an extension before the Covid extension?
Benjamin ******
Benjamin ******
@Ellie ******
great question. I’m not sure. That’s why the op should contact the immigration office.

If a “non-b visa” is a one year extension of stay based on employment, which got canceled, I know some immigration offices should allow a conversion to be done to an extension of stay based on marriage.

Getting a non-o based on marriage inside Thailand, it’s one I never heard of before.

But... the immigration office would be the one who would know for sure.
Ellie *******
Ellie *******
@Benjamin *****
that person was not on the extension. You would (or might) be able to apply for in-country non-O based on marriage if you are on TR visa entry.
Ellie *******
Ellie *******
Was he on extension based on employment or entry stamp from visa?
Ellie *******
Ellie *******
In that case, it seems to be quite difficult to change from Non-B to Non-O in-country if not impossible.

Because he is still on entry stamp, not an extension

But you better ask your immigration office if they allow.
Gaynor *******
Gaynor *******
OP
@Ellie ******
he entered on a non b 3 month work visa which has now expired and company can’t renew. So now he’s on a Covid stamp.
Benjamin ******
Benjamin ******
Which immigration office?
Gaynor *******
Gaynor *******
OP

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