Why was my Non O visa extension application refused despite meeting requirements?

May 4, 2024
7 months ago
Steve *********
ORIGINAL POSTER
Yesterday my application for a Non O (based on marriage to a Thai) 1 year extension was refused at CW. It appears that my understanding of the visa extension options was incorrect, however I’m interested to confirm whether this is indeed the case or perhaps did the immigration officer make a mistake.

I’m currently on a 1 year Non B extension which is due to expire in about 2 weeks time. I’m currently still employed but my work contract will expire at the end of June this year, and due to a change in my life plans I won’t be renewing my work contract. As such, I decided to request a 1 year extension based on marriage instead of an extension based on work. My understanding was that it’s possible to request an extension based on a different category to my current extension (Non O instead of Non B) providing that I meet the requirements of the new extension and have all of the required evidence/documents. I seem to remember hearing about other people who have done similar in the past. Anyway, in spite of me having all the required documents listed in the Non O extension check list, the immigration officer wouldn’t accept my application.

The immigration officer advised me to request Non B extension documents from my employer, return to CW and apply for a Non B extension, then at the end of June when my work contract expires I should request documents from my employer to cancel my Non B extension, then return to CW to cancel the extension, then leave Thailand and visit an embassy in a nearby country, obtain a 3 month Non O visa, return to Thailand, and finally towards the end of the 3 month Non O visa I can return to CW again and apply for the 1 year Non O extension using all of the same documents that I already had with me yesterday when I went to CW.

Obviously I’m going to need to do whatever I need to do, but I’m somewhat surprised by the immigration officer’s advice as I’m pretty sure I’ve heard of other people being allowed to apply for extensions based on a different category to their current extension.
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TLDR : Answer Summary
The poster's application for a Non O visa extension based on marriage to a Thai citizen was rejected, raising concerns about the validity of the immigration officer's refusal. They were previously on a Non B extension and seek clarity on whether transitioning to a Non O extension is permissible under their circumstances. Suggestions from commenters emphasize the need to first cancel the existing Non B extension and work permit before applying for the new extension, pointing to a potential misunderstanding of the necessary procedures by the original poster.
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Steve *********
ORIGINAL POSTER
When it comes to canceling my WP and Non B extension do I need to prepare any documents in addition to the termination letter I will receive from my employer? Is there a TM form to complete or any fees to pay?
Tod *********
@Steve ********
you cancel the work permit at the Ministry of Labor office that issued it. You need that receipt with the termination paperwork to take to the immigration office to cancel the extension.

It's free to cancel an extension of stay,

Of course, right after you cancel it you'll be applying for the new year extension using the TM7 application for extension form with the appropriate copies, bank letter, TM30, lease, map, and 1900baht
Steve *********
ORIGINAL POSTER
@Tod ********
Thanks 👍🏼
Anoah ******************
Just a note, as not to repeat what's wonderfully been shared so far...If you are 50 or over then early retirement is the EAST way to go. But, age appropriate of course. Chears.
Ellie *******
There seems to be something missing or lost in translation.

Basically, you need to apply for cancellation of your current extension based on employment first, then you can apply for a 1-year extension based on marriage to a Thai. Letting it expire doesn't do a trick.

You sound like tried to skip the first part.

General procedures are:

- You get the termination letter from your employer to go to the labour office that issued your work permit to cancel WP.

- Then go to the immigration office that issued the current extension bringing the WP cancellation receipt to cancel your extension.

- Finally, you can go to the immigration office that serves your address to apply for a new 1-year extension.
Steve *********
ORIGINAL POSTER
@Ellie ******
On a side note, when I go to the labour office and cancel my WP, will the cancelled work permit be given back to me after the cancelation or do they keep it? The reason I ask is that after I finish my work contract my employer has requested I return my WP to the admin department at my work as they want it in order to process some other internal admin related to foreign employees leaving.
Steve *********
@Steve ********
FYI this is the stamp that I got when I applied for a stay extension after my WP and visa were cancelled. It’s slightly odd because it says stay extension not approved. I transitioned to an Elite visa and was told that with this 7 day stay extension I could have the elite visa put in my passport at CW without leaving Thailand but I opted to go to KL for a holiday and had the elite visa put in when I returned. In your case you may be able to apply for the non 0 extension within the 7 days if you have everything in order. Good luck 👍
Ellie *******
@Steve ********
, That IS the "7 days to leave Thailand" and it is NOT an extension any more. When you get that stamp, you cannot apply for any extension any more, you have no choice other than leavin Thailand. Elite (PE) visa has different procedures than other Non-Immigrant base visa/extension.
Steve *********
@Ellie ******
Oops! Sorry luckily I said “ may be able to”. Thanks for the correction.
Steve *********
@Steve ********
The last time I had a work permit my employer returned it to the department of Labour and gave me a receipt showing that it had been returned and I then took the receipt to the department of immigration and applied for an extension of stay which was refused and they gave me a 7 day stay permission which gave me time to leave the country. My employer’s HR person made all the arrangements but that is what I recall.
Wannikea *********
@Steve ********
I don't have any definitive experience or guidelines on this other than to say it's YOUR work permit, not your employer's, so you're not returning anything to them. They should be fine with copies of the pages.
Ellie *******
@Steve ********
, usually, you have to return WP to the labour office. You need to discuss the procedure with your employer and labour office well in advance.
Steve *********
ORIGINAL POSTER
So on the last day of my contract I can cancel my WP, then cancel my current extension, and then apply for my new extension all on the same day. Can I apply for a 1 year Non O extension without having obtained a 3 month non O visa from an embassy?
Ellie *******
@Steve ********
, in general, you should be able to, unless you have some special factors.
Ellie *******
and as you want to work 2 more months, your choice might be:

- get the letter from your employer to say cancel only extension (if possible. you need to talk with your employer and the immigration office), then apply for an extension based on marriage

OR

- apply for 1-year extension based on employment again with documents from the employer, then do as I explained in the first comment at the end of your contract.
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