What can I do after being denied a marriage visa extension in Thailand due to my previous Non-Immigrant ED visa status?

Apr 1, 2022
3 years ago
Christian *********
ORIGINAL POSTER
Hello, I came to Thailand on a tourist visa in January 2021. I have stayed in Bangkok ever since. I switched to a Non-Immigrant ED visa for studying at a Thai language school in country in April 2021. A few weeks ago I got married to a Thai national. When my ED visa ran out I canceled it and CW gave me a 60 day extension for visiting family, which I am currently on. When I wanted to get my 365 day extension on the basis of being married to a Thai national I was denied because my ED visa was "short-term", for "non-formal education". The head of L1 at CW told my wife that since Covid the regulations have changed, in the past it would have been easy to get an extension, but now they can not do it. She said they could have given me an extension if I had studied for a bachelor or master degree, if I had studied for more than 2 years, but I studied at a Ministry of Education approved language school for 11 months without getting a formal degree, probably that's why they called it "short-term" and "informal education". CW said that all the documents I handed in are in perfect order, the only reason they can not give me an extension is that I got a "short-term" Non-Immigrant ED visa and that I came here on a tourist visa, not a Non-Immigrant O visa. They said that I have to leave the country, get a Non-Immigrant O visa at an embassy or consulate abroad and then I can return. Has anyone had a similar experience, and is there anything I can do in this situation?
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TLDR : Answer Summary
A foreign national in Thailand on a Non-Immigrant ED visa who recently married a Thai citizen faced denial for a marriage visa extension due to the classification of their previous visa as 'short-term' for non-formal education. Despite having all documents in order, the immigration office explained that new regulations post-COVID have tightened the extension process. Respondents shared similar experiences and suggested applying for a Non-Immigrant O visa from abroad, or potentially filing a written appeal to the immigration office for reconsideration.
Tod *********
@Christian ********
That is the strangest thing I have ever heard, I know of many many people who had ED visa/extensions for studying at a private school (language, self defense, muay thai) who got married to a thai, cancelled their extension from their school and immediately applied for a new yearly extension based on marriage 😕

I think it might be the covid extensions in between,

BUT

are you SURE they gave you the 60 day visit family extension and not a covid extension?.

I doubt you talked to the section head of L1 out there (they aren't even DOWNSTAIRS in those cubby holes, the gurls that sit in the back desks are just section 'leaders'.

Still quite a strange situation.

AND
@ Kevin *****
l there's no reason you shouldn't be able to get a 2 month visit family extension as that can be given on ANY entry/extension stamp and has nothing to do with the previous visa/extension you were on.

In hindsight you probably should have moved the money earlier and went for the marriage extension right off the cancelled ED extension.

Still a strange situation as well.

in BOTH cased I'd have said I want to file a written appeal and seen if they changed their tune.

Usually the threat of filing a written appeal that gets reviewed by the real section head is enough to get them to actually follow the rules.

Also when you're out there MAKE them talk to you, NOT at you thru your thai wife. Have your wife (who knows less than you do about visas for foreigners) tell the officer to talk to her husband because it's his visa. That officer tells a thai wife, who tells her husband who tells his wife, who tells the officer is a losing game from the start 🙁
Kevin *******
@Tod ********
I didn't even know you could file a written appeal. Live and learn I guess.
Alexander *******
@Christian ********
make what immigration says...... I would recommend go to Singapore make the non o visa , I go first to the web site thaiembassy Singapore upload the documents and there send you a mail for the appointment to get the visa
Kevin *******
I had the same problem last week. I was on an Ed for my master degree, finished it, and was on the covid exemption until the 25th. Went to extend for 2 months because I just married a Thai, and I'm waiting on the 2 month wallet wait, and was denied an extension. Then told them I was also receiving medical treatment, which I am, and was also told no, I have to leave. They wouldn't even give me a 7 day extension so I wouldn't go into overstay. So I had to hurry and do the Thailand test and go program and I'm flying to Cambodia on Monday.

So thanks to immigration and their stubbornness, it's costing me about 20k to get a temp visa before I apply for my marriage visa.
Brandon ************
Converting from non-ED to non-O has had previous reports of being incredibly difficult or impossible. You may need to leave and return and then apply for a non-O visa inside the country, and then after 90 days apply for your yearly non-O extension. It'll be easier to return on Tourist or visa exempt (if eligible) and then convert inside the country.

Also by leaving you reset your family visit visa and you'll be eligible to apply for that again if you need to.
Christian *********
ORIGINAL POSTER
@Brandon ***********
CW told me the best thing way for me would be to get a Non-Immigrant O visa at a Thai embassy or consulate abroad and then return.
James ********
@Christian ********
get a Non O as Married to Thai at Thai Embassy in Phnom Penh... Otherwise with your history of many visas and extensions living in Thailand you may have difficulty in reentering Thailand.
Brandon ************
@Christian ********
you can do it either way. But a TR is generally easier to get than a Non-O. Hopefully one of the experts like
@Tod ********
will chime in when available
Christian *********
ORIGINAL POSTER
@Brandon ***********
Since they told me that all the documents that I had handed in when I applied for the yearly extension check out I think a Non-O shouldn't be much of a problem. I am thinking about going to Vietnam or Turkey and applying there.
Brandon ************
@Christian ********
policies and requirements at immigration vs embassy have no relationship with each other. They are completely separate divisions of the government that do not communicate with each other and know nothing about how each other work. Never trust what an immigration officer tells you about obtaining a Visa to enter the country, and never trust what an embassy tells you about extending a Visa in the country.
Christian *********
ORIGINAL POSTER
@Brandon ***********
Thanks! Duly noted.
Tod *********
@Christian ********
you're still gonna get grilled comin' back into the country even if you manage to get a 90 day Non-O based on marriage to a thai. I would try to avoid Bangkok when flying back in, and if you're going to singapore, use Phuket or Samui to enter then take a domestic flight to Bangkok.

Just telling you what to expect if you show up in bangkok with a long history of being here during covid even if you were on a valid visa/extension.
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