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Answered5 years ago

What should I do after my extension of stay based on marriage was denied in Thailand?

Tod *********
asked Oct 8, 2021
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Anthony Jackson

Tod Daniels I recently applied for an extension of stay based on marriage. I was on a non b which expired Oct 2020 and since then been on covid extensions. I had my application turned down and was told I would have to leave and come back 🤷
Answer summary
Anthony Jackson applied for an extension of stay in Thailand based on his marriage but had his application denied because he had not previously extended his Non-B visa. After explaining the visa timeline, it was concluded that he must exit Thailand and re-enter to reset his visa status. He can then apply for a Non-O visa to seek a yearly extension based on marriage.
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Tod *********
Tod *********
OP
Okay, we got to the bottom of the conundrum on this thread.

The O/P had a year long, multi-entry Non-B visa where they bounced out and back every 90 days.

They were on one of the 90 day entry stamps when the country locked down, they went on amnesty, then on covid extensions and are still on covid extensions.

The reason they couldn't get a yearly extension based on marriage is because their stamps all track back to the 90 day entry stamp from a Non-B visa <- and the rule is you have to apply for at least one extension for the reason you got the visa before you can change the reason.

They never did extend that 90 day Non-B entry based on employment which meant they couldn't get a year long marriage extension from it.

Their only option is to exit/re-enter to 'wipe the slate' and start fresh with either a 30 day visa exempt or a 60 day tourist visa entry.

That would let them apply for first the 90 day Non-O visa based on marriage and then the yearly extension.

Thanx one and all for the helpful suggestions

Good luck to
@Anthony ********
(y)
Tod *********
Tod *********
OP
now if on the other hand you had been on an "extension of stay" based on employment and cancelled it at the immigration office when you stopped working with paperwork from your employer and proof you cancelled your work permit THEN went on covid extensions you could APPLY for first a 90 day Non-O visa and then after that runs down you could apply for a yearly extension
James ********
James ********
@Tod ********
as the OP is now and has been on COVID extensions... Could he get a non o for marriage? Or a family visit 60 days extension based on marriage and or at father of Thai child?

Then proceed to changing the extension based on marriage to Thai or father of Thai child?
Tod *********
Tod *********
OP
@James *******
that would be something he'd have to talk to the immigration office about but I think if they were on a 90 day stamp from a non-B and never extended, no extension in country is gonna 'wipe the slate'. It's the fact they never extended their Non-B that's causing the problem.
Tod *********
Tod *********
OP
BUT if you really were only on the initial 90 days you get from a Non-B visa (and never extended it) you're are not gonna be able to switch it to anything inside the country and will have to exit/re-enter 😕
Tod *********
Tod *********
OP
and was the original Non-B a VISA <- a 90 day stamp or were you on an extension based on employment?
Tod *********
Tod *********
OP
David Broadfoot but he's saying he was trying for a marriage extension not one based on employment.
Tod *********
Tod *********
OP
David Broadfoot nope, not if he was only on that initial 90 day stamp from the Non-B

Those visas are issued employer specific so you couldn't get the visa based on documentation from one employer and then try to get the first extension with documentation from another employer.
Anthony *********
Anthony *********
@Tod ********
it was for my hostel business in Koh phangan my non b. Obviously had to close that now but the rules for the non b are crazy now, and because I'm married now I think the non o works best for me. I may go to open up my hostel again but it I do I will do on the sly in my wife's name now.
Anthony *********
Anthony *********
@Tod ********
90 day stamps
Tod *********
Tod *********
OP
@Anthony ********
If you were on the original 90 day stamp from a VISA you had to get at least one extension for the reason you got the visa <- in your case employment, and if you didn't, you couldn't change or do anything after that even if you have been on covid extensions for a year or more.

I think they're right and you will have to exit/re-enter to "clear the slate" and "break the chain" back to the Non-B so you can first apply for a Non-O visa and then a year extension
Anthony *********
Anthony *********
@Tod ********
yeah I thought as much and thanks for the advice. I just hope they keep giving these extensions into the new year at least as I don't want to have to go and come back while there is quarantine, especially when I have paid for my Vax here and not had it yet. Also just had a baby 5 weeks ago so the last thing I need now is having to be away from here for at least a month and then have to pay for sandboxes etc . It is what is though I suppose

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