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Answered5 years ago

Can my wife convert her Non-ED visa to a Non-O visa in Thailand without leaving the country?

Alanse *********
asked Aug 22, 2021
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Hi, i am an Indonesian have a non-B Visa, and now my wife also Indonesian live in Thailand using Non-ED visa, Can she converted her ED visa to Non O without leaving Thailand?

Right now we have a daughter who was born here, she doesn't has visa yet, and we planning to have her non O as well.

If anyone have insights please share with us

Thank You 🙏
Answer summary
An Indonesian woman with a Non-ED visa in Thailand may convert her visa to a Non-O visa without leaving the country, but this involves first canceling her current Non-ED visa at the immigration office, then applying for a Non-O visa, which is typically based on her status as the spouse of a foreigner. Furthermore, for their newborn daughter, if she is under 15 and not yet in school, she may remain on overstay without penalties. It's advised to understand the specific reasons for applying for a Non-O visa.
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Tod *********
Tod *********
There is also a possibility that the O/P's wife could cancel the ED visa extension and immediately apply for NOT a non-O VISA but a new yearly extension based on being the trailing spouse of a foreigner who legally works here.

As people pointed out the ED extension needs to be cancelled at the immigration office where it was issued and then the new extension needs to be done at the immigration office where the husbands Non-B extension was issued.
Benjamin ******
Benjamin ******
I'm going to leave this post open. As a reminder, this is a "no agency" group, and anyone who recommends to use an agency will be booted.
Benjamin ******
Benjamin ******
> to Non O without leaving Thailand

Non-O based on what reason.

> we planning to have her non O as well

IF your daughter is younger than 15, and you're planning on returning to Indonesia, I recommend keeping her on overstay. There is NO fines or other punishments. If she was recently born, and will not go to school, I wouldn't do anything at all.
Alanse *********
Alanse *********
OP
@Benjamin *****
thanks for the reply. My wife gonna stay here as a family mater since her study is almost finish.

My daughter is still under 15 yo. Is there any problem with school regulation if she doesn't have any visa?
Benjamin ******
Benjamin ******
@Alanse ********
>My wife gonna stay here as a family mater since her study is almost finish

Which immigration office will you use? I'm assuming she's interested in a Non-O visa based on being a trailing spouse (and a one year extension of stay based on being married to a foreigner working in Thailand).

>Is there any problem with school regulation if she doesn't have any visa

In Thailand, each private and international school has their own policy. An ADULT can study on any type of visa (or no visa), but some schools want the student to be legal.
Alanse *********
Alanse *********
OP
@Ellie ******
great. We have clear steps what to do the next. Thank you so much for your information
Ellie *******
Ellie *******
@Benjamin *****
OP's wife needs to cancel the current extension at the immigration office where it was issued, then go to the Bangkok immigration office (if it is where OP's Non-B-based extension was issued) to apply for Non-O.

And she may need the letter from OP's employer to say agreeing and asking IO to issue Non-O for her.
Alanse *********
Alanse *********
OP
@Benjamin *****
I really appreciate your valuable detail information. I guess, we need to cancel her visa before moving BKK then.

Other opinions are also welcome, I love to gather some views before deciding to make a movement.
Benjamin ******
Benjamin ******
@Alanse ********
Whew, good 🙂

There is ONLY one way for her to get that Non-O visa that I can imagine (and the extension of stay).

1. She needs to cancel her one year extension of stay based on studying at the university using the immigration office where she had the extension of stay issued. The cancel date MUST BE postdated AT LEAST 15 days (but more the better).

2. GO to Bangkok Immigration, Counter C-1, and have her request a Non-O visa issued inside Thailand. She will need the following:

- TM86, the request to change visa

- Copy of all passport pages

- Copy of the departure card

- 2x passport photos

- YOUR (the husband) copy of work permit

- YOUR (the husband) company's copy of registration of tax certificate

- YOUR (the husband) company's VAT registration

- YOUR (the husband) company's certified list of shareholders

- A front-and-back copy of the marriage certificate (you two are legally married, right?)

- Your physical presence next to her

- 2K THB.

SHE NEEDS AT LEAST 15 DAYS REMAINING ON HER EXISTING STAMP

After she gets the Non-O visa inside Thailand, she can get a one year extension of stay based on being a trailing spouse.

For the extension of stay, she will need:

1. Her passport and a copy of:

- her front data ("picture") page

- the Non-O visa

- The departure card

2. A copy of the marriage certificate showing you two are married.

3. Your physically presence next to her

4. Your passport, and a copy of the Non-B visa and work permit

5. 2x passport pictures of her

6. 1,900 THB

The end date of her extension of stay will be the same of your current extension of stay, and probably will not be for one year.

I'll let Tod Daniels give his opinion tomorrow morning.
Alanse *********
Alanse *********
OP
@Benjamin *****
in addition, she just changed her visa from non-B to non-ED few months ago inside Thailand. Is there any problem if she convert to another visa again?
Alanse *********
Alanse *********
OP
@Benjamin *****
she studies master degree in a university in Songkla. She was assisted by a university staff to make visa there
Benjamin ******
Benjamin ******
@Alanse ********
Did she use an agency to get this ED visa? Is she studying Thai language or is she a university student?
Alanse *********
Alanse *********
OP
@Benjamin *****
thats right. She will stay with non O visa based on being a trailing spouse to a foreigner working in BKK. She made non-ED visa in Songkla and we plan to convert the new visa in Bangkok.

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