What can I do if my spouse's Non-O visa was issued incorrectly and cannot be linked to my retirement extension?

Aug 17, 2023
a year ago
Pat **********
ORIGINAL POSTER
Hello, I am running into some roadblocks regarding having my spouse follow me as a dependent on my Non O visa based on retirement and would like some advice.

Background: I'm a US citizen (56 years old) with long time residency in China. My wife is Chinese (47years old). We came to Phuket in April on Tourist visas and I successfully applied for and received the Non O and Extension based on retirement.

My wife returned to Shanghai to apply for her Non O dependent visa online and completed the application. The consulate then asked for further supporting documents. One of the documents they requested was my 'work' permit documentation. We responded that she was applying based on my retirement and resubmitted copies of all of my passport stamps. They came back and asked again for the work documents. They never responded to these, so my wife went in person to the Shanghai consulate to follow up.

She received her eVisa the following week and traveled to Phuket on August 9th (see photo). The 'Visa Conditions' are in Thai, while everything else is in English.

We went to the Phuket immigration yesterday to update her TM30 and also to double check on her requirements for linking to my extension. When the immigration officer reviewed the evisa, he informed me she received a visa based on 'work', not retirement, and then therefore could not link to my extension.

So, we tried contacting the Shanghai consulate via email and phone, but didn't receive a response and could never get through via email. So, I called the Thai Ministry of Foreign Affairs in Bangkok to see if they could help us. The woman I talked to said that the new policy as of Jan. 1 is that no dependent visas based on Retirement are now allowed. She suggested that my wife life in Thailand on some other sort of visa, such as a Tourist visa.

So, any advice as to what we can do?
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TLDR : Answer Summary
The user is facing challenges with their wife's Non-O dependent visa, which was issued based on 'work' rather than retirement, preventing linkage to the user's retirement extension. Despite efforts to rectify this with the Shanghai consulate and Thai immigration, the situation remains unresolved, especially after learning about a new policy that restricts dependent visas for retirees. Suggestions and insights from the community indicate that the only workaround may be exploring options at different consulates, such as in Penang, Malaysia.
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John **********
One of the requirements of your wife getting a trailing spouse visa is that you are on a long term extension of stay, ie you need to already be on a 12 month extension of stay before she can apply for her Non-O visa. Are you and was your wife able to show this when she applied?
Pat **********
ORIGINAL POSTER
Henry *********
Is it still possible for someone to change their Extension from Work to Retirement, and their non-Thai dependants (wife and young child) to move with them?
Tod *********
@Henry ********
easy with the thread hi-jacking, your questions have ZERO to do with this thread.

The answer is yes, they would still follow the primary visa holder,

if you have more questions make your own post please
Henry *********
@Tod ********
Sorry. I panicked when I read about a change of policy...
Tod *********
@Henry ********
that is a policy change to ISSUE visas outside the country to people who are married to retirees on Non-O visa/extensions

and has nothing to do with people on existing extensions inside the country
Tod *********
The immigration office is correct, they can't issue an extension on that visa based on her being a trailing spouse of a retiree because that visa was issued to be a trailing spouse of a foreigner who works here.

I don't know oif any offices who will issue the initial extension for a reason other than what the visa was issued for.

You are not alone in running into roadblocks to get a trailing spouse a 90 day Non-O based on being married to a retiree (on an O visa/extension)

Plenty of people get knocked back at consulates all over the world, get told it's not issued anymore..

I really don't have a work around. The only consulate I'm aware of that sells them (and there is no direct confirmation) is the one in Penang Malaysia.

Pre-covid they used to sell them. If your wife is a nationality that can use the consulate there I'd call and see what they say.

Right now she can stay the 90 days she got stamped in on that visa. There is no extension she can get on it (other than the extension denied 7 days to get out of thailand)
Pat **********
ORIGINAL POSTER
@Tod ********
Would an option to be to go back to China and apply for a non OA or OX? Would this work if she is 47?
Tod *********
@Pat *********
I edited out the part that she has to be 50 if you are applying for one of those visas.

I know for sure if you get an OA she can get a 90 day Non-O

BUT I didn't know if you apply for an OX she can too

Now if you're asking if YOU could go back there and apply for one of those visas and get her a trailing spouse Non-O the answer should be YES. Most consulates list that OA/OX visa holders who have spouses can have them get 90 day Non-O visas
Pat **********
ORIGINAL POSTER
@Tod ********
yes, this was the question/option.
Tod *********
@Pat *********
it also appears that a spouse can apply for an OX visa at the same time as the primary visa applicant and the spouse doesn't need to be over 50

That was from a thai consulate website SO check the consulate you'd apply at

๐—ฆ๐—ฝ๐—ผ๐˜‚๐˜€๐—ฒ๐˜€ ๐—ฎ๐—ป๐—ฑ ๐—ฐ๐—ต๐—ถ๐—น๐—ฑ๐—ฟ๐—ฒ๐—ป (๐˜‚๐—ป๐—ฑ๐—ฒ๐—ฟ ๐Ÿฎ๐Ÿฌ ๐˜†๐—ฒ๐—ฎ๐—ฟ๐˜€ ๐—ผ๐—ณ ๐—ฎ๐—ด๐—ฒ) ๐—ผ๐—ณ ๐˜๐—ต๐—ฒ ๐—ฎ๐—ฝ๐—ฝ๐—น๐—ถ๐—ฐ๐—ฎ๐—ป๐˜๐˜€ ๐—ฐ๐—ฎ๐—ป ๐—ฎ๐—ฝ๐—ฝ๐—น๐˜† ๐—ณ๐—ผ๐—ฟ ๐—ก๐—ผ๐—ป-๐—ข-๐—ซ ๐˜ƒ๐—ถ๐˜€๐—ฎ๐˜€ ๐—ฎ๐—ป๐—ฑ ๐—บ๐˜‚๐˜€๐˜ ๐˜€๐˜‚๐—ฏ๐—บ๐—ถ๐˜ ๐˜๐—ต๐—ฒ ๐—ณ๐—น๐—ผ๐˜„๐—ถ๐—ป๐—ด ๐—ฟ๐—ฒ๐—พ๐˜‚๐—ถ๐—ฟ๐—ฒ๐—ฑ ๐—ฑ๐—ผ๐—ฐ๐˜‚๐—บ๐—ฒ๐—ป๐˜๐˜€

๐Ÿต. ๐—ฆ๐—ฝ๐—ผ๐˜‚๐˜€๐—ฒ (๐—ป๐—ผ ๐—ฎ๐—ด๐—ฒ ๐—ฟ๐—ฒ๐˜€๐˜๐—ฟ๐—ถ๐—ฐ๐˜๐—ถ๐—ผ๐—ป): ๐—บ๐˜‚๐˜€๐˜ ๐—ฝ๐—ฟ๐—ผ๐˜ƒ๐—ถ๐—ฑ๐—ฒ ๐—ฎ ๐—ฐ๐—ผ๐—ฝ๐˜† ๐—ผ๐—ณ ๐—บ๐—ฎ๐—ฟ๐—ฟ๐—ถ๐—ฎ๐—ด๐—ฒ ๐—ฐ๐—ฒ๐—ฟ๐˜๐—ถ๐—ณ๐—ถ๐—ฐ๐—ฎ๐˜๐—ฒ ๐˜๐—ผ๐—ด๐—ฒ๐˜๐—ต๐—ฒ๐—ฟ ๐˜„๐—ถ๐˜๐—ต ๐—ฑ๐—ผ๐—ฐ๐˜‚๐—บ๐—ฒ๐—ป๐˜๐˜€ ๐—ถ๐—ป ๐Ÿญ - ๐Ÿด
John **********
@Tod ********
can you not apply for the OX inside Thailand?
Tod *********
@John *********
while it says you can I have personally never ever heard of anyone successfully doing it not even one person ๐Ÿ˜•
John **********
@Pat *********
no, she is too young
John **********
I believe she can get the correct Non-O in Penang but because she's Chinese there's a minimum 4 weeks processing time
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