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Answered4 years ago

What should I do about my visa situation in Thailand as I transition from a student visa to a marriage visa?

Kristina **********
asked May 8, 2022
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Hello everyone. I have a complicated visa situation.

I’ll try to give as much information as possible. I have a non-im Ed visa that I got 4 years ago for studying at university ( I was getting a bachelor degree) . All this time I was doing yearly extensions and it all was good.

This is my last semester and the official end of this school year is 15th of May. I got email from university that I need to cancel my visa before the end of May to avoid any problems and complications in the future. ( and I did not know about that before )

I’ve been dated my Thai boyfriend for 4 years ( we met at Uni) and he proposed to me a month ago and we are getting married on 23 of May. I can not get married sooner because my embassy can’t give me the affidavit of my singe status before 20th of May.

My latest extension of stay expires on 30th of June. But at the same time university said to me that it won’t be valid till 30th of June because I won’t be a student anymore and I have to cancel the extension.

In the non-o visa requirement it says that I need to have 15 days left on my latest stamp to apply. So can I apply ? Because technically my extension won’t be valid anymore when I cancel it in May.

I was also told that I would need to cancel my current extension and apply for a new one in the same day. Is that the case?

This seems very confusing and I’m afraid to overstay by accident.

My other options are:

Go to Cambodia and open a Turist visa and pray that I won’t be denied when entering Thailand.

Go to Cambodia after getting married and try to open a brand new marriage visa there and then apply for a yearly extension.

Go to Cambodia border and get a 30 day entry stamp and pray that I won’t be denied entry.

I want to play it as safe as possible as I have a lot to lose.

What would you suggest? Thank you for reading.
Answer summary
The user is facing a complex visa situation in Thailand due to a pending marriage and the expiration of their education visa. They need to cancel their non-ED visa due to graduating and are exploring options to transition to a Non-O visa based on their upcoming marriage. Community suggestions include seeking immigration advice, considering travel to another country for visa renewal, and bringing necessary documentation to immigration for clarity.
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Tod *********
Tod *********
NOW in theory there is nothing that prohibits the O/P from cancelling the current extension based on education and applying for a new year extension based on marriage.

The rules state that in order to get a year extension based on marriage you needed to have previously held a Non-Immigrant TYPE visa (no mention that it had to be an O type) and
@Kristina *********
did hold a Non-Imm, it was just a type ED,

I'd say she should go talk to her immigration office and see if she can just cancel the ED extension and get a new yearly extension based on marriage. That'd be the way to go IF it can be done.
Kristina **********
Kristina **********
OP
@Tod ********
thank you so much for researching this for me. Robert Lagas said that I would be overstaying if I don’t leave Thailand the day my school year ends. And I have no possibility to get married sooner (before 15th of May) because of my embassy. It seems that I will have to leave anyway just to buy some time.
Ellie *******
Ellie *******
@Kristina *********
, Why don't you just contact or go to your local immigration to check as Tod described, as soon as possible, well before your time limit, then decide?
Kristina **********
Kristina **********
OP
@Ellie ******
I’m going to contact my Immigration, it’s just I’m in Bangkok. I don’t know how helpful they are going to be there. But I’ll check for sure.
Kristina **********
Kristina **********
OP
What should I do?
Kris *********
Kris *********
If you need to apply in a small immigration office, it's very likely you'll always meet the same person doing your extension. Go to talk to them. Officially you visa ends on the day you graduate, but they might be not too strict about it. That said, the real issue is probably if you can change an education extension to a non-immigrant-O visa based on marriage.
Tod *********
Tod *********
@Kris ********
the deal breaker is you can't go from an extension on a Non-Immigrant type visa (like the one she has based on education) to a NEW 90 day Non-O visa inside the country. You have to "break the chain" from the previous Non-Imm visa type to apply in country for a new one based on another reason.

AND

As I said I have never heard of or read a post by someone who had an extension based on education who cancelled it and went straight to a new yearly extension based on marriage.
Tod *********
Tod *********
Okay, hang about, Kristine
@Kristina *********
&
@Chelsea *******
I have never seen someone go from an extension based on education to a yearly extension based on marriage inside the country 😮

I'm not saying it CAN'T be done) just that I have never seen or heard of it 😕

Nor have I seen anyone ever apply for an in country Non-O comin' off an "extension of stay" based on any Non-Imm visa type.

Why not just get documentation from your school, saying you stop studying on xxx date, (like next week) cancel your extension early, fly out and back in to get a NEW 30 day visa exempt entry. THEN get married and after that apply for the 90 day Non-O visa based on marriage to a thai for 2000baht at the immigration office?
Tod *********
Tod *********
Sadly
@Chelsea *******
you are highjacking the thread 😮

The O/P is NOT on an extension from a Non-B but on an extension based on education from a Non-ED.

I have never seen an ED extension changed to an extension based on marriage.
Kristina **********
Kristina **********
OP
@Tod ********
this is one of the options I was going to do. I’m just paranoid that they won’t let me it at the passport check point at the airport. ( I have already requested a letter from university to cancel my visa this week, then I got scared to leave the country so I wanted to see if there are options that don’t include leaving. But it seems that I have to leave before 15th of may as I initially anticipated. )
John **********
John **********
@Kristina *********
it may also help if you have something to show you are due to get married to show immigration on your return, even a letter from your boyfriend. But to be honest I think almost all you the people having trouble with immigration have been here long term using Covid extensions.
Kristina **********
Kristina **********
OP
@John *********
I’ll for sure get the letter and an appointment slip at district office if possible. My boyfriend also wants to come with me on this journey to give moral support:D thank you for your advice:)
Nigel *********
Nigel *********
Chelsea has given you sound advice .... I'd go to the immigration office and explain your circumstances WITH your Fiancee. See if you can work out a plan of action with them, possibly making use of whatever extensions might be available to you.
Matthew *************
Matthew *************
@Nigel *********************
this is good advice. You are a genuine long stay visitor to Thailand and should not worry about immigration interactions 😊
Kristina **********
Kristina **********
OP
@Nigel *********************
going to immigration with my Fiancée is indeed a very good advice. At the end of the day Immigration is the place where I’m going to apply for everything.
Chelsea ********
Chelsea ********
OP

Go to immigration this week and apply for the covid extension (worst case scenario it's denied, but to my knowledge you'll still be able to stay until your studies officially ends on May 15)

Being here for 4 years on an ED. Visa isn't illegal, you haven't done anything wrong by being here. Therefore there's little to no chance you'll be denied re-entry... The only people who've reportedly been denied upon immediate re-entry, are those who claimed they couldn't leave and stayed on covid extensions for the past 1-2 years.

I just had a friend who, after about 3 yrs on Ed visas ... She went to Singapore for 3 nights and returned (using Phuket airport rather than BKK) without any issues.

You could easily book a flight and get your Thai pass all approved before leaving Thailand (get a Thai pass approved for example for May 17 arrival .. it just requires the 10,000USD insurance) leave on may 15 to the country of your choice (Malaysia, Singapore, Cambodia) and fly back in 2 nights later. Not much to worry about. You'll have your 30 days as a tourist and even the option to extend another 30 if needed (in order to have all the paperwork to prove your marriage) and switch on to an extension of stay based on marriage to a Thai

As the person above has said, being on overstay is much more likely to result in denial (you can't receive a new visa while currently on overstay) + the 500 baht fine per day, which I'm sure you don't want to pay.
Kristina **********
Kristina **********
OP
Kristina **********
Kristina **********
OP
Thank you for the advice. I won’t have any problems with Thai pass. I have a good insurance and I’m vaccinated already. I also don’t have any history of tourist visas or many exception stamps. I really hope I won’t be denied. Any advice on what airport to use?Will it be safe to fly to Phuket instead on the way back?
Chelsea ********
Chelsea ********
@Kristina *********
Phuket is more relaxed than BKK

You really shouldn't worry much about it

But if you're able to fly into Phuket, generally there's less likelihood of immig. having any issues... So if it's not a huge inconvenience, yeah... Return by flying into Phuket

Just remember you haven't done anything wrong. You're NOT the target audience for immigration to be denying upon re-entry.
Kristina **********
Kristina **********
OP
@Chelsea *******
I’ll fly into Phuket then just in case 🙂
Nigel *********
Nigel *********
@Chelsea *******
Overall good advice, just remember, if the covid extension is denied "formally" the 7 days start there and then.
Kristina **********
Kristina **********
OP
@Nigel *********************
thank you for advice. I’m afraid I’ll be denied for Covid extension as I’m not on tourist visa and I won’t have a letter from embassy to prove that I cannot leave. I’m glad to hear that someone in similar situation could fly out and comeback with no problems.
Kristina **********
Kristina **********
OP
@Nigel *********************
I’m resigning in Bkk so I use the Chaengwattana
Nigel *********
Nigel *********
@Kristina *********
you don't have to be on a tourist visa.... most people can't get a letter from embassy... what immigration are you using
Robert *******
Robert *******
@Chelsea *******
You mis one step in the story. a Person can not enter using a Visa Exempt Entry and then apply for a 1 year Extension of Stay based on being married. First step is conversion to the Non Immigrant O visa and than the Extension of Stay.
Chelsea ********
Chelsea ********
@Robert ******
ah yes thanks. She would apply for the visa (after married) and have an "under consideration stamp"... Right?

Which, then, can be converted to the 1 year extension of stay...?

Thanks

🙏
Nigel *********
Nigel *********
@Chelsea *******
Nearly right... you apply for non 0 (2000thb) marriage and get 90 days, then go for the one year (30 day under consideration)
Robert *******
Robert *******
You have a big samp in your passport with the text in line 2:

Extension of Stay permitted up to 30 Jun 2022, BUT as you signed to acknowledge the rules of this Extension of Stay you should know that this has to be cancelled at the Immigration Office if the conditions change, stop going to school is a change in conditions for an approved stay to study in school.

Not sure why you want to apply for a Non O in country? You are not married yet, I guess you are younger than 50 years, does not have Thai children?

Options are: Cancel your Extension of Stay in advance so you have time to travel, visit another country, apply for a Single Entry Tourist Visa and come back to marry your boyfriend. After marriage and you still have time left on your stay, you might be able to convert your stay into a Non Immigrant O visa based on being married with a Thai National.
Kristina **********
Kristina **********
OP
@Robert ******
I wanted to apply for non-o on 25th of May so I would be already married and convert to non-o. I’m afraid to leave the country as I was staying here for 4 years, I’m scared that I will be denied at the airport with such history of stay in the country.
Kristina **********
Kristina **********
OP
“And, for those who are graduating this semester
******
(Jan to May 2022) and have some days left on your visa expiration stamp, please contact International Center and/or submit your "Visa Cancellation" request to this form https://form by May 10, 2022. So we can issue a visa cancellation letter for you before the end of May.

If you choose to leave Thailand before the end of May (May 31, 2022), that is fine. You can choose not to cancel because, by leaving Thailand, your visa will be automatically terminated. However, we recommend you properly cancel your visa.”
Robert *******
Robert *******
@Kristina *********
So you plan to go 10 days in overstay and than try to apply for a new Extension of Stay based on being married;

"This is my last semester and the official end of this school year is 15th of May. " Not a good plan.
Stephen ********
Stephen ********
@Chelsea *******
just an update, even if not vaccinated, you don't need a hotel stay for the thai pass. Provided a negative test 72 hrs prior
Kristina **********
Kristina **********
OP
@Chelsea *******
thank you! With all this visa fuss i can’t even get into a celebratory mood.
Chelsea ********
Chelsea ********
@Kristina *********
good luck and congrats on the wedding 🙏
Kristina **********
Kristina **********
OP
@Chelsea *******
that’s good to know. Thank you for all your advice and assistance. I know that I should be fine.
Chelsea ********
Chelsea ********
@Kristina *********
I get that. But I'm just trying to reassure you that you need not to think/worry about it, no paranoia necessary.. you're not the targeted Audience for the *few* people who've been denied re-entry.

So it's like worrying about drowning in a desert.

Not IMPOSSIBLE, but highly, highly unlikely. Not worth the energy to worry about it.
Kristina **********
Kristina **********
OP
@Chelsea *******
it’s just I’m paranoid that they won’t let me in back to country because I’ve stayed here for so long. Even if my stay was completely legit. Other then that I don’t have any problems with documents. I have everything necessary.
Kristina **********
Kristina **********
OP
@Tod ********
I’m afraid that 2 things might happened:

1) I got to Thai embassy in Cambodia to open a tourist visa and they deny me visa as they refuse to open it.

2) when I fly back to bkk airport. I’ll be denied entry with that tourist visa ( if I manage to get it in the embassy in Cambodia) or I’ll be denied entry on 30 day visa exception stamp.
Tod *********
Tod *********
@Kristina *********
what are you talking about not getting denied a "tourist visa"? you BUY a tourist visa from a thai consulate in another country before you come here?
Chelsea ********
Chelsea ********
@Kristina *********
totally unnecessary

The rules for the Thai Pass / for Thai tourists does not require any hotel stay now (so long as your vaccinated)

Just come back in and you can literally go to your bf's house the first night you're back.

You'll have to deal with stuff like your TM30 (states your address for the time being) etc

But nothing major.

Also note: depending on your passport, you can come in as 'visa exempt' for 30 days -- that's NOT a tourist visa. A tourist visa would require you to visit a Thai embassy in the country you go to (it's unnecessary hassle) don't bother. Just come in with your 30 day "exemption" status and this can be extended for another 30 days (1900 baht) without any issue --> this is a given extension to any & all tourists. There's no "denial" of it. It has been in place long before covid and it's a completely standard extension for tourists.

This gives you a total of 60 days, though you may be able to get married and switch to the extension of stay based on marriage within your first 30 days and you won't 'need' the other 30 (it's just an option if you do)
Kristina **********
Kristina **********
OP
@Tod ********
then it just shows what kind of amazing people are in my university. It they give out wrong information to their students”. Any advice on how not to get denied for tourist visa? I was thinking buying the tickets out of the country and book a hotel for all period of stay in addition.
Tod *********
Tod *********
@Kristina *********
you read wrong, you're not given ANY free time to cancel your extension. You take the paperwork stating the last day you study from the school to the immigration office and they cancel the extension effective that date (you can go a couple weeks early to do it but you won't get any more time than the date on the paper from the school saying you stop on xx date)
Kristina **********
Kristina **********
OP
@Robert ******
the university said that I need to leave before 31th of May. As I read as well you are give 2 weeks to cancel your visa and leave. Anything after that is an overstay. That was I told and I also found this information on website of other universities.

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