Can I get a spouse visa in Thailand if my wife has a work permit?

Aug 13, 2020
4 years ago
Andrew *********
ORIGINAL POSTER
I am Australian, and would like to stay in Thailand beyond 25 September with my Australian wife who has a work permit. Does anyone have experience with getting a spouse visa? I need to find out if it is possible to get this kind of visa while in Thailand, and what needs to be done to get one. Thank you! Any useful advice would be greatly appreciated!
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TLDR : Answer Summary
An Australian expat is seeking advice on obtaining a spouse visa in Thailand, where his wife holds a work permit. Various comments suggest that while a direct spouse visa isn't possible (since his wife isn't Thai), he can apply for a Dependant visa linked to her work permit. It's advised to handle this process legally through immigration rather than agents, with costs around 2000 baht. However, there are complications cited regarding the transition from amnesty to a Non-Imm visa, highlighting that it's essential to have hard stamp days on the passport, not just amnesty days, and to consult immigration or a reputable visa agent for specific advice.
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Tod *********
Unless I'm wrong at this time the australian consulate is NOT issuing the "unable to travel after Sept 26th due to covid-19" letters for people to get the 30 day extension

"Due to this, the Embassy will no longer be issuing letters for visa extensions. :O "

That means IF you are already on amnesty you can't apply for any in country Non-Imm type visa :(
Elisa *******
Non immigration Visas ARE being done in country now. You need a Lawyer or Visa service to help you.
Tod *********
FAIL :(
Tod *********
While you have some good advice on this post so far what no one has actually pointed out IS

You can't go from amnesty to an in country Non-Imm visa of ANY type out at Chaengwattana (so that rules out you getting a 90 day Non-O visa based on being married to a foreigner who legally works here).

You would have needed to do that LONG before you went on amnesty :(

Have the company your spouse works for contact immgirations and ask but I will be dollars to durian I am correct and you need hard stamp days left on a stamp not amnesty days.
David *********
@Tod ********
I have an issue with your comments here.

My embassy and even immigration has refered to it as an automatic visa extension.

Your saying that you can't change your visa status in country.

What you are stating is true and false. It is at the discretion of the immigration officer and circumstances.

I know first hand that they are doing visa changes in country.

They are putting a covid stamp on your passport to reflect the auto extension. Then they are isueing your new visa. They are using your last entry stamp as the date of your entry into the company.

So if you change to a 1 year type of visa your clock actually starts when you were last admitted into the country.

Now there are some visa types you can not change in country and they are not allowing you to do that except in very special circumstances.

The best advice you can give is to go talk to a reputable visa agent or directly talk to immigration about the situation. And people need to be doing that now! Not waiting until the last minute.

And if the official immigration officer says you can't change in country then that is what it is. But people need to go talk to them.
Tod *********
@David ********
and I have issue with your b/s statement that you should talk to an agent. AT THIS TIME <- meaning NOW, there is no one showing up and applying for an in country 90 day Non-Immigrant visa of any type on their own from amnesty and that's because of the under consideration period you must go thru to get the visa issued in country AND you need "hard stamp" days left to do that.

Using agents to grease the wheels to back date a b/s unable to travel due to covid extension and then back dating a Non-Imm visa costs FAR more than the 2000baht the in country 90 day Non-Imm visa costs at every immigration office in the country

I neither care nor am interested in what your embassy or immigration calls this latest amnesty in engrish when talking to foreigners. The wording is clear it's NOT an automatic extension it is the same as the other 2 amnesties that were issued a waiving of penalty and fines for overstay. EVERYONE on amnesty now shows on overstay because there is no amnesty stamp.

You do what ever you wanna do. I'm telling you how it really is, and just because I'm not telling people what they want to hear does not make my information false :O
David *********
@Tod ********
stop acting like you are the almighty end all be all to Thai visa information.

I didn't say to only talk to a visa agent. I also said go talk to you local immigration officer.

I have not and did nothing illegal to get my situation taken care of. I didn't pay any exorbitant fees. Everything above ground and approved by immigration.

Why is it that for you, all visa agents are crooked and are only out to screw people over.

There is nothing wrong with saying that you don't know something. I have and will do that many times in my life.

And maybe you should care what embassies and immigration say in "ENGLISH" about the amnesty/extension.

You think your all high and mighty running a Facebook group and making posts with no commenting and denying posts because it doesn't fit your narative of being wrong. 🙄🙄🙄

You are 100% wrong about a stamp for the covid/amnesty/extensions.

I have included a picture of the first line. Translated it states

"COVID 19 Aliens are granted the right to extend their stay in the Kingdom."

There is more wording and date information but as that is information that is private I don't feel the need to share that with the rest of the world.

If that's not an amnesty/extension of stay stamp I don't know what is!
Tod *********
now
@Da***
, Getting an extension of stay based on "embassy request" (which is what they give the 30 day extensions for covid for (clause 2.28) is a hard stamp extension and then applying for a visa inside the country IS INDEED a viable way to get an in country Non-Immigrant visa issued (because you now have the hard stamp days to cover the "under consideration" period that Non-Imm visas go under before you go back and get it inked in

BUT

Being on AMNESTY is not a covid extension and there is NO stamp for amnesty <- meaning you don't have any days left on the entry stamp or extension you had and are indeed on overstay. In fact all ammesty really is, is the waiving of penalties and fines for overstaying and allowing people to stay to specified dates. I stand by my assertion you cannot get a Non-Imm visa issued from amnesty.
David *********
@Tod ********
That's not an extension of stay based on "Embassy request". I am from the USA. They don't issue those letters. And that stamp was put in in july and actually has the end date of the end of the auto visa extension granted.

so it's your opinion that you can't get any kind of Non-Imm visa issued.

How about you state that you think you can't get it done. And then maybe offer advice that's legal to actually help people to work through the system.
Tod *********
How about I just block your ass and be done with it
@Da***
?

Take care, do good. Stay safe (y)
Christophe **********
@David ********
when has
@Tod ********
been wrong about visa info--dates, times, citations
David *********
@Christophe *********
Plenty when he turns off commenting and denies posts that show he is wrong. Amazing what you can do when you are the admin of a group. But he has to deal with being called on his bullshit in other forums.

And yes I was respectful when First responding and then he called my comments bullshit!
Federico **********
@Tod ********
Could he pull himself outta amnesty with a Consulate letter (30 day extension)?

I KNOW... most Consulates aren't giving them.

Then again... what most Consulates said was "if u just wanna extend ur backpacking situation, we wont give u the letter"

But with a legally employed wife, etc etc

Its a whole different argument

And i (personally) know of Consulates that under THOSE (reasonable) circumstances will give u the letter

That would put him on 25 OCT with real days/actual stamp to get the trailing visa rolling.

Just an idea... not sure if feasible...
Tod *********
@Federico *********
he could contact his consulate and see, but if I was a betting man I'd say nope he is not gonna get it

BUT you're 100% right, IF he got it, and went and got the unable to travel due to covid extension then he would be on "hard stamp" days in his passport and he MIGHT be able to apply for the in country Non-Imm visa that way
Andy ********
@Tod ********
you are correct. If I had allowed my stay go past my hard stamp date into amnesty then the advice from immigration was I would have to leave the country and obtain another visa.
Bobby ********
Do it legally. If your wife has a visa, you can latch on with a dependent visa, which is linked to hers. Should cost you 2000 baht. Go to immigration, not to an agent.
Steven ***************
You cant get a Spouse visa because your wife isn't Thai, but you can get a Dependant visa linked to her employment here.
Helena ********
@Steven **************
It is also called spouse visa
Tod *********
@Helena **********************
it is actually called a "TRAILING SPOUSE" visa ;)
Steven ***************
@Helena **********************
. No it's called a non O Dependant Visa which can be obtained based on a non Thai spouse working in Thailand. They are two different categories of visas with entirely different requirements.

A non O spouse visa can only be obtained if you are legally married to a Thai National.
Tod *********
@Steven **************
careful with the "dependent" visa term, that is for raising half thai kids AND foreign kids here, NOT for being married to a foreigner who legally works here
Helena ********
You can but the company must co-operate.
Wayne ********
you can get a dependent visa based on one having a retirement visa so i cannot see why not getting the sane based on work permit most people are married or partners when taking employment overseas in foreign countries good luck
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