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Answered4 years ago

Can I obtain a trailing spouse visa while my husband is on a Non-O visa in Thailand?

Joann ********************
asked Feb 20, 2023
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Can I get a trailing spouse on my husbands O visa He is already in Thailand and I’ll be moving in July
Answer summary
The discussion addresses whether one can obtain a trailing spouse visa based on a husband's Non-O visa in Thailand. It highlights that if the husband has a Non-O visa due to retirement (over 50), the wife cannot get the trailing spouse visa issued inside Thailand during the first year. Instead, she needs to apply at a Thai consulate in her home country or in a nearby country after the husband secures his one-year extension from Thai immigration.
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Joann ********************
Joann ********************
OP
So I have been in contact with the Thai Consulate in Washington DC. She informed me that I should go into Thailand on a tourist visa and go to immigration with my husband to change my status to trailing dependent on his visa
Tod *********
Tod *********
@Joann *******************
and this is why you don't believe ANYTHING from a thai consulate/embassy about what you can do INSIDE the country

No matter what that embassy said you cannot get a 90 day non-O visa inside the country based on trailing spouse when your husband has a retirement extension.

It is not a reason they offer that visa for inside the country.

Embassy/Consulates OUTSIDE thailand sell visas and are run by the Ministry of Foreign Affairs Office

Thai Immigration offices INSIDE the country sell visas/extensions and are run by the Immigration Division of the Royal Thai Police.

Those are two completely different offices that have nothing to do with each other.
Joann ********************
Joann ********************
OP
@Tod ********
I guess I could go over to Laos and apply then go back to Thailand since the US is telling me to apply for the tourist visa
Tod *********
Tod *********
i think we had one report that someone was successful in Penang of someone getting the 90 day Non-O trailing spouse after their husband had gotten his year extension based on retirement at their immigration office.

I looked for it but couldn't find it 😕
Tod *********
Tod *********
@Joann *******************
there are zero confirmed reports of ANYONE being able to get a "trailing spouse" Non-O visa based on their spouse holding a long term retirement visa at Vientiane or Savannakhet Lao since they re-opened from covid. AND if you were gonna try it you'd have to wait until your husband got his whole year extension here before going.

I'm not trying to be a nay-sayer, just trying to let you know what you're up against once you're here is all
Julane *******
Julane *******
@Tod ********
So a trailing spouse visa will not be issued during the first year that the primary applicant obtains the Non-O retirement visa? Only after the primary has been granted an extension? (My husband got his Non O visa last September.) Thanks.
Brandon ************
Brandon ************
@Julane ******
the initial non-O visa based on retirement is for 90 days, not one year. You have to wait until the primary visa holder is on the 1 year extension from that 90 day visa before you can apply for a non-O visa based on trailing spouse. Then when the trailing spouse's 90 day visa is nearing the end, you can then apply for the 1 year extension for them, but their extension will only be stamped until the end of the primary spouse's extension.
James ********
James ********
@Brandon ***********
correct 💯, thank you 👍
Julane *******
Julane *******
@Brandon ***********
thank you for the clear answer. Now I understand the timeline.
Firra ****************
Firra ****************
@Tod ********
thanks you so much
Tod *********
Tod *********
@Firra ****************
, she should get an extension only until your current extension expires and then you'd go back and BOTH apply for new yearly extensions at the same time
Firra ****************
Firra ****************
@Tod ********
thank you so much Tod. If she does get the 90 day Non-O visa, she can be added to my retirement visa even before I renew it? I assume then when I renew I do so for us both?
Tod *********
Tod *********
@Firra ****************
that is between her and what ever thai consulate she's applying for the 90 day Non-O visa at. Usually they just need the marriage certificate, your passport i/d page and your current extension, BUT you should call the consulate she's going to apply at and make sure they will issue a 90 day non-O based on trailing spouse to someone on a retirement extension and what the documentation requirements are
Firra ****************
Firra ****************
Hi. I have a similar issue. I’m on a retirement visa which has been extended several times and is up for renewal July 22. I was married in Thailand recently to an Indonesian and want to get her on my visa. I think she needs to leave the country and re-enter on a 90 day visa. My questions are do I need to accompany her into Thailand and does the 90 day visa she is on need to be in effect through July 22 when my retirement visa will be extended. Many thanks
Tod *********
Tod *********
@Julane ******
and unfortunately they do not issue the 90 day Non-O visa inside the country to spouses of retirement visa holders. SO you get it in your country before you come or you go to a thai consulate nearby and get it after you're here.
Tod *********
Tod *********
If he has a Non-O visa/extension based on being over 50 (retirement) you CANNOT get a trailing spouse Non-O visa issued inside the country. You would have to get that from a thai consulate in your country (if it's available) or from a nearby country AFTER he has his year extension from the immigration office
Joann ********************
Joann ********************
OP
@Tod ********
I will get it from the consulate in the US
Tod *********
Tod *********
@Joann *******************
then what you will do is come in, get stamped in for 90 days, GO to the immigration office with your husband (who already has the retirement extension) get the hand out listing the requirements for you to get a matching extension based on being married to someone who has a long stay extension here. Then when you have 30 days or less left on your stamp you go get the year extension for 1900baht
Tod *********
Tod *********
@Joann *******************
nope, there are over 80 immigration offices in the country

you need to GO to the immigration office with your husband and get the hand out listing the requirements
Joann ********************
Joann ********************
OP
@Tod ********
do you know the requirements

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