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Answered3 years ago

What are the visa options for my wife under 50 while I have a Non-O visa in Thailand?

Taman ********
asked Mar 22, 2024
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My wife and I, both UK passport holders, plan to relocate to CM. Arriving early next month. I’m over 50 and believe I understand the process for me (thanks to all the posts here!): I have 90 day Non-O visa. Go to Immigration office with TM30 and other bits to get Certificate of Residence. Open local bank account and deposit ฿800k. After money in bank for 2 months can apply for 1 year extension of stay that commences at the end of my 90 day Non-O visa.

My wife is under 50 and has a 60 day tourist visa which she can extend for 30 days. I’m a bit uncertain when my wife could apply for a spousal visa based on my 1 year extension - and thereby get a 1 year extension of stay. And do we need to have marriage certificate apostilled? If so, how would we do this being out of the UK now - have our certificate with us.

TIA
Answer summary
The user is seeking advice regarding visa options for their wife, who is under 50, while they hold a 90-day Non-O visa in Thailand. Their wife initially applied for a Non-O dependent visa but was granted a 60-day tourist visa instead. The user is uncertain about when their wife can apply for a spousal visa based on their 1-year extension, and whether they need an apostilled marriage certificate. Responses indicate that she may need to pursue an education visa and then potentially transition to a dependent visa, but this process seems complicated and varies by individual circumstances.
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Jay ****
Jay ****
Have her apply for an Ed visa. Many cheap classes to learn thai part time or cooking and she can get a 1+ visa. School will help with visa.
Taman ********
Taman ********
OP
Yep - seems to be the way to go. Hopefully all ok to change to dependent after doing some time on the Ed visa.
John *********
John *********
I belive in the UK, you can only get spouse visa on Non O-A. It is the only visa that specifies you can apply for it. The Non O does not mention it.

******************************************************
Taman ********
Taman ********
OP
Thanks. That's interesting. I'd heard that could be for non O as well. I spoke to an agent and they're advising that wife will have to do a education visa for a year and then she would be able to do the spouse option. I hope this is correct?! I guess she might be doing some Muay Thai?!
Chris *******
Chris *******
@Taman *******
so what the agent is suggesting is after she has completed the ED visa is to "change the reason for extension" to an O dependant extension.

If the office being applied at will allow this that would be ideal.

I have not personally seen or heard of this approach working.

The rule is pretty black and white on retirement dependant in country.

The only "change" I've seen really allowed has been someone on Non-o extension based on retirement switch to dependant extension.

It was already the same category.
Taman ********
Taman ********
OP
@Chris ******
Yes, the agent said: "if your wife is not 50 years old and they refuse to give her the non O dependent visa, she may have to come here first as a tourist (or no visa) and get first an Education visa through a school for a year. After a year we can then transform the ED visa into the dependent visa from within the country." They also said that they could try to change from ED to non O dependent after 3-6 months, but no guaranty. Seems like this is the approach that will be trying. Was just surprised that couldn't change directly after I got my 1 year extension, but sounding like not the case.
John *********
John *********
@Chris ******
My wife was in same situation, she had to go on Non B for 90 days, then moved to spouse on my Non O. This was done via Thai agent and our immigration office.

We had already tried the merry go round of KL - refused, Phnom Penh - refused. We were told to go to KL or PP by our immigration office. So we wasted about £2k doing this and still had to pay an agent.

Once she turned 50, we both got our own O-A from UK.
Phil ******
Phil ******
I the atmosphere is really bad so rethink you plans
@Taman *******
Chris ***********
Chris ***********
Lovely place, As long as you don't have to breathe for 3 months every year.
Phil ******
Phil ******
@Chris **********
started December and finishes in june
Phil ******
Phil ******
@Chris **********
yep and worse than ever
Chris ***********
Chris ***********
@Phil *****
6 months then? I stand corrected.
Phil ******
Phil ******
Taman ********
Taman ********
OP
@Phil *****
We know. Not the ideal arrival time, but we are planning to stay for a long time, so I guess may as well see first hand what this whole burning season is about...
Phil ******
Phil ******
@Taman *******
ok. Its on from December till June each year
Chris *******
Chris *******
I just did a quik check and yes you should be able to get her Non-o based on "to stay with non Thai family".
Taman ********
Taman ********
OP
@Chris ******
She actually applied for this, but was given a 60 day tourist instead. So we find ourselves in this situation trying to understand the best way forward...
Julane *******
Julane *******
@Taman *******
I applied for this too.. 15 months ago. It wasnt granted even though my husband already had his Non Imm O extension.

They told me they only give the 90 O visas to someone who has a spouse with a Thai work visa. So I was granted a 60 day TV instead... even though I paid the higher fee.
Chris *******
Chris *******
@Taman *******
did you already have your 90 day non-o when she applied?

There is no way to do it in country or SEA.
Nongnuch ********
Nongnuch ********
@Taman *******
the ED visa requirement suggested sounds fishy.
Taman ********
Taman ********
OP
@Nongnuch *******
sounds like we’ve been through the same thing. Yes provided all the stuff including my approved visa and marriage cert but got the TV instead. Have you managed to get any progress since? In talking to agent about the situation they say she’ll have to do 1 year education visa then change… would have thought could change for her after I get my 1 year extension?!
Nongnuch ********
Nongnuch ********
@Taman *******
did she supply all the proper documents proving your marriage, and the 90-day visa you had been issued?
Taman ********
Taman ********
OP
@Chris ******
yes, did mine first and then she applied but they granted tourist instead
Jan ******************
Jan ******************
John **********
John **********
Long story short your wife can't apply for a visa based on you being on a non-o based on retirement in Thailand. You should rethink your plan. Check with the thai embassy in your home country if she can get there based on you being on a non-o but they may require you to be on a non-oa rather than a non-o
Stuart *********
Stuart *********
You’ve got your side of the visa/extension process covered but unfortunately not hers. You either get her a Non O based on your Non O in your home country or she can’t get a “following spouse” visa in country nor anywhere in SE Asia consulates/embassies.
Taman ********
Taman ********
OP
@Stuart ********
She actually applied for a Non O based on my Non O, but was given a 60 day tourist instead. So we find ourselves in this situation trying to understand the best way forward...
Stuart *********
Stuart *********
@Taman *******
Then unfortunately there isn’t much option going forward. You can’t get it here and there is no consulate or embassy in SE Asia that will issue one.
Steve *******
Steve *******
Bring an oxygen tank
Taman ********
Taman ********
OP
@Steve ******
Yep - looks pretty bad at the moment!

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