Answered3 years ago

Can I apply for an extension of my Non-Immigrant O visa on the expiration date or do I need to do it earlier?

Non-Immigrant O Visa Visa Extension Process Immigration Rules Thailand Marriage Visa Thailand Visa Expiration Grace Period Thailand

Ian ********

asked Oct 22, 2023

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I have a non immigrant O visa based on marriage to a Thai. 

It expires on 14 Jan but it looks like I may have to be out of the country until mid Jan 2024. Can I apply for the extension up to the expiration date or do I have to start the process a certain time before expiry? 

I realise 14 Jan is a Sunday so could I turn up at CNX immigration on 12 Jan with my paperwork and apply? 

Is there a grace period after expiry? 

Thanks in advance.

Answer summary

The user inquires about the procedure for extending their Non-Immigrant O visa based on marriage to a Thai citizen, which is set to expire on January 14, 2024. They are concerned about being out of the country until mid-January and seek clarification on whether they can apply for an extension on the expiration date or need to proceed earlier, given that January 14 is a Sunday. One comment advises that they can apply for a one-year extension up until the expiration date and should ideally go to the immigration office on January 12. It mentions the lack of a grace period post-expiration but notes that some offices may allow application with an overstay fine if done a few days late. It also highlights that re-entering Thailand after the expiration would require restarting the visa application process.

6 repliesnewest first

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Ellie *******

You can apply for a 1-year extension until the day on your extension stamp, 14 Jan 2024 in your case. The best is for you to go to your local immigration office on or before 12 Jan as you said. There is no grace period after that date, but they let you apply for a 1-year extension by paying an overstay fine if you are late a few days at many offices. But you better check in advance.

If you travel abroad around the new year, at the very LEAST you have to be stamped in on your current extension on or before 14 Jan with a re-entry permit. If you enter Thailand after 14 Jan, you will be stamped in on visa-exempt or whatever you are eligible but an extension being spouse to a Thai, even if you have a re-entry permit (it would be expired anyway), you have to do the whole process from scratch over again. In this case, the overstay trick cannot work.

As Chiang Mai office allows you to apply for an extension max 45 days in advance from your due date. So you may be able to apply in early Dec 2023, if you are in Thailand.

3 years ago

Ian ********

@Ellie ******

if I apply within the 45 days in advance can I leave the country and return prior to 14 Jan?

3 years ago

Ellie *******

@Ian *******

, You may want to check this post to see if you need a new re-entry permit or not in case you have one now and you are going to be back before 14 Jan.

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3 years ago

Ellie *******

@Ian *******

, If you apply for an extension before your travel, yes you can leave and back to Thailand within the new date on a new stamp which would be an "under-consideration". You can be back in Thailand before or after 14 Jan, but definitely before the new date around the early-middle of February.

As you apply for an extension based on marriage to a Thai, make sure you let the immigration officer you will be out of Thailand BEFORE you apply for an extension, to set an under-consideration date and interview schedule in case CM does those.

3 years ago

Graham ******

@Ian *******

Yes if you buy a re-entry permit

3 years ago