Can I Switch from a Non B Visa to a Non O Visa After Expiration?

Aug 2, 2020
4 years ago
Helen ************
ORIGINAL POSTER
Hi everyone. Can any of you advise me?

Currently on Non B visa attached to work permit. They both expire 21.08 and will not be renewed unfortunately.

If I want to go onto a non 0 visa (marriage) can I do this once my visa has expired? Can I change to a non O visa now, without the marriage certificate?

Any other Advice is welcome. Thanks
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TLDR : Answer Summary
The user is currently holding a Non B visa tied to a work permit set to expire on August 21 and is inquiring about transitioning to a Non O visa (marriage visa) after their current visa expires. They seek advice on whether this transition is possible without a marriage certificate and if it can be done once the visa has expired. Comments indicate that the crucial factor will be marrying before an upcoming amnesty deadline, which would allow them to apply for the Non O visa.
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Tod *********
AND I think at this point
@He***
understands that this is gonna come down to whether they can manage to get married or not BEFORE the amnesty runs out.

I can't see any more use for the thread to be opened because until they actually DO get married they're dead in the water, extension wise. :O

Good Luck with it. IF you want the thread re-opened message one of the admin/moderating team
Tod *********
As
@Mic****
correctly stated, cancel your work permit, cancel your extension of stay, go onto amnesty (get married BEFORE the amnesty runs out) and then apply for the year extension based on marriage to a thai. The BIG thing is getting the required documents from your consulate, getting them translated to thai and getting the marriage registered at the Amphur so you're legally married here BEFORE the 26th of Sept when the amnesty runs out.
Robert *******
What expires 21.8? I guess the big stamp in the passport with the text in the second line Extension of Stay permitted up to 21 Aug 2020
Helen ************
ORIGINAL POSTER
Graham Howlett 18th of August is the earliest embassy appointment for me to obtain the affirmation. Visa expires on 21st August
Michael ********
As far as I know...When your extension expires, you will go on to amnesty. In the mean time get married. When you get your marriage cert, get a 60 day extension of stay based on marriage or just try for the year extension straight away. You are marrying a Thai man and do not need to show proof of funds. Extensions of stay from amnesty are currently added on to the end of the amnesty which is September 26th. So as long as you get your documents sorted out before then and secure an extension, it will start on the 26th of September and you can continue staying legally in Thailand. If I am wrong the gurus will correct me.
Carissa *********
@Michael *******
Thank you. I'm not familiar with the process, do you physically have to go into immigration to get a stamp for this amnesty extension? Is there any paperwork or fee associated with it?
Helen ************
ORIGINAL POSTER
@Michael *******
I don't think it's possible to get the marriage certificate before the extension and work permit expire. Can I apply for an extension based on marriage if I haven't married yet? I don't think so :/
Michael ********
@Helen ***********
I don't think you understood my comment. I will write again more clearly.

Step 1. Get your extension and WP cancelled.

Step 2. Go on to Amnesty (an amnesty is not an extension of anything. Amnesty literally means a pardon for overstaying. So Thailand will let you overstay in Thailand with no fine or imprisonment until Sept 26th. No you do not need to go in and get anything for Amnesty, it is automatic. HOWEVER in your case you need to cancel you current extension and WP)

Step 3. Go to your embassy and arrange your paperwork, freedom to marry cert, etc.

Step 4. Get married.

Step 5. Take your marriage Cert to immigration and apply for either a 60 day family extension OR a year long extension of stay based on marriage (MUST BE BEFORE SEPT 26TH..!!!). Depends what they will give you. You might need to get the 60 day first. Who knows. BECAUSE you will be on amnesty, this extension will start from the 26th of September

Step 5. Get the stamp in your passport and drink a beer because hopefully you can now stay in Thailand past the 26th of September.
Carissa *********
@Helen ***********
but can you get the marriage certificate before September 26th? That would be the new date of the expiration.
Helen ************
ORIGINAL POSTER
@Carissa ********
yes I can get the certificate before then. Right, OK, I understand, so the extension of stay which is due to expire on 21st will automatically be extended due to amnesty?
Carissa *********
@Helen ***********
"the extension of stay which is due to expire on 21st will automatically be extended due to amnesty?"

Yes, that's what I'm thinking, they should extend it to September 26th. Just waiting for confirmation from the experts. ^_^
Michael ********
@Carissa ********
"they should extend it to September 26th"

They will not extend anything. She will go on to overstay, which is currently legal until September 26th.
Carissa *********
@Michael *******
thank you for the clarification

So, if the amnesty is an overstay, would she be able to apply for an extension-of-stay? I thought you couldn't apply for one on an overstay.
Michael ********
@Carissa ********
As mentioned by Tod and Ben, YES you can, currently. Due to the exceptional circumstances. If she follows my steps above, she will be Golden.
Tod *********
@Carissa ********
There are more than a few reports of people being able to apply for extensions from amnesty. It's going to come down to what they went ON amnesty from and in the case of the O/P it's from cancelling a Non-B extension
Benjamin ******
@Carissa ********
They are making exceptions for people who are on the amnesty, since the borders are closed.
Ellie *******
@Carissa ********
Technically, Amnesty period is not an extension, You are overstaying without any charge or fine because of amnesty. That's why in some cases you need to get 'hard" stamp to proceed,
Helen ************
ORIGINAL POSTER
@Carissa ********
that makes me feel much better
Carissa *********
@Robert ******
, what do you recommend that she does in the interim? What are they issuing to people who can't leave due to COVID?

I think the best thing would be to get something that she can change to a Non-O using TM.86 once she gets married in a few weeks. That's usually a Tourist Visa or an Exemption Stamp but is there anything else?
Tod *********
@Carissa ********
She does NOT need a non-O visa :( The requirement to get a year extension is that you previous held a non-Imm type visa <- and they did, they held a Non-B and were on an extension from it,

All they are doing is changing the reason for their extension from employment to married to a thai and there is no "apply for a Non-O visa", in that process.
Carissa *********
@Tod ********
Yes, thank you. I know the process if she was on an extension, which she won't be when she applies. I was just thinking of alternatives in case they wouldn't let her apply for it with her expired extension.
Tod *********
@Carissa ********
She cannot apply for a Non-O visa from ANYTHING other than a 30 day visa exempt or a tourist visa entry stamp. There is no get a Non-O visa from amnesty from an extension based on employment :(

She either pulls off getting married in the required time frame (before amnesty runs out) or she "prepares to depart" thailand on Sept 26th. There's no middle ground on it.
James ********
@Carissa ********
she cannot get a tourist visa inside Thailand.
Carissa *********
@James *******
is there anything else (other than a tourist visa or an exemption stamp) that she can convert to a Non-O using TM.86?
James ********
@Carissa ********
not that I am aware of. Possibly others can reply...
@Tod ********
@Robert ******
Carissa *********
@James *******
actually, it might not even matter? How does the COVID automatic visa extension (until September 26, correct?) work for someone on a non-B extension of stay with a work permit set to expire? Will her extension automatically be renewed despite not having a valid work permit?
@Helen ***********
just needs a couple weeks of wiggle room to get the marriage documents sorted before applying for an extension of stay based on marriage.
James ********
@Carissa ********
can she get married to a Thai before Sep 26th ?
Carissa *********
@James *******
Yes. She just needs to get the Affirmation of Freedom to Marry from the UK Embassy first.
James ********
@Carissa ********
then as Married to a Thai obtain the Extension of Stay for 60 days as family visit ...at Thai Immigration...1,900 Thai baht... prior to Sept 26th.

Is she marrying a Thai man ?

I assume she is... ???...
Carissa *********
@James *******
Yes, marrying a Thai man but not married yet.

So, will her non-B extension-of-stay be renewed despite not having a valid work permit?
Robert *******
Then you need to cancel your work permit and after that cancel this Extension of Stay and directly apply for a new Extension of Stay based on married with a Thai National
Helen ************
ORIGINAL POSTER
@Robert ******
thanks, so I need to be married before the extension expires?
Robert *******
@Helen ***********
yes, marriage is a requirement
Helen ************
ORIGINAL POSTER
@Robert ******
thank you. This is my problem at the moment. Earliest embassy appointment was 18th :/
Helen ************
ORIGINAL POSTER
@Robert ******
yes the extension expires, as does the work permit on the same day
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