Question about 7 day extension for Type B, and changing to marriage visa

[mrkungtodd]

Hi all, I will explain my situation and then perhaps someone can give some advice. 

 

I have had a non imm B visa since 29 November 2018, and a work permit since December 19, 2018. My visa expires on 27 February 2019. I have had a Thai wife since November 22 2018, and a Thai baby since February 18 2019 (typing this from the hospital). 

 

Our plan to extend my visa the normal way was screwed up because the office that we all work at is not the registered main office for the company, it is registered as a branch. The main registered office is just a doorfront downtown basically. Immigration says all the pictures of me with the Thai staff have to take place at the main registered office, and that is where they will come check on me. This was different from what we were told before, but that is what it is. We are in the process of changing our office to be the main registered office but it takes a couple of weeks and won't be done before the 27th. 

 

I would just change to a marriage visa but I haven't had 3 months of paychecks from my job yet (only December and January). 

 

The fallback plan is that I go to Kuala Lumpur on the 26th and get a fresh non-imm B visa for working, basically the exact same one I got in December. And then I have 90 more days to either extend that visa (registered office will be moved by then) or change to a marriage visa now that I will have had 3 months plus of paychecks.

 

This trip is what I am really trying to avoid. I don't have anyone who can stay with my wife and baby for 2 days while I'm in KL (my family here will be up in Chiang Mai all next week), and she will have to come back and get stitches out, etc. 

 

 

So my questions are these:

 

-Can I get the generic 7 day extension at Chaeng Wattana for a non imm B visa like mine? 

 

-If so, that would mean it doesn't expire until into March. Could I then apply to change to a marriage visa basically march 1st? Or is that not as simple as I am thinking?

 

-Potentially our our office registration change could potentially be done by the 5th, and we could then just proceed with the normal 1 year extension. But is there any problem with doing the normal yearly extension after I have done the temporary 7 day extension?

 

 

Any advice or further information that could help me would be really appreciated. 

[PoorSucker]

You can get 60 days extension to visit your wife. 

After that go for the 1-year extension based on marriage. 

[mrkungtodd]

2 minutes ago, PoorSucker said:

You can get 60 days extension to visit your wife. 

After that go for the 1-year extension based on marriage. 

60 day extension to my non B work visa? That won't have any effect on my work permit?

 

Do you happen to know what that extension is called, I hadn't heard of it.

[PoorSucker]

Yes, it will not affect your WP.

 

From Police order 138/2557

2.24 In the case of visiting a spouse or children who are of Thai nationality:
Each permission shall be granted for no more than 60 days.

1. Application form.
2. Copy of applicant’s passport.
3. Copy of household registration certificate.
4. Copy of national ID card of the person having Thai nationality.
5. Copy of a marriage certificate or copy of a birth certificate.

 

Bring Wife if possible.

[mrkungtodd]

10 minutes ago, PoorSucker said:

Yes, it will not affect your WP.

 

From Police order 138/2557

2.24 In the case of visiting a spouse or children who are of Thai nationality:
Each permission shall be granted for no more than 60 days.

1. Application form.
2. Copy of applicant’s passport.
3. Copy of household registration certificate.
4. Copy of national ID card of the person having Thai nationality.
5. Copy of a marriage certificate or copy of a birth certificate.

 

Bring Wife if possible.

Okay, thank you. I just apply for this at Chaeng Wattana?

 

And do I need to be in the tabien baan with her already? I have never registered in a tabien baan, though she is registered in my sister-in-law's book in BKK, as will the child pretty soon. If I have to be in there, I could probably get my passport translated and jump in as well. 

[PoorSucker]

3 minutes ago, mrkungtodd said:

Okay, thank you. I just apply for this at Chaeng Wattana?

 

And do I need to be in the tabien baan with her already? I have never registered in a tabien baan, though she is registered in my sister-in-law's book in BKK, as will the child pretty soon. If I have to be in there, I could probably get my passport translated and jump in as well. 

Yes, just apply for it at CW. 

 

You will never be in same thabien bahn as her, foreigners must apply for a yellow thabien bahn. 

 

You probably also need proof that you are living in BKK  (rental contract) and a TM30 filled in by your landlord (or house mater) 

[ubonjoe]

7 minutes ago, mrkungtodd said:

 

And do I need to be in the tabien baan with her already?

No you don't and you cannot be registered in a blue house book. You can only get a yellow house based upon that one.

You will need proof of the address you put on the application form when you apply for the 60 day extension.

[mrkungtodd]

4 minutes ago, PoorSucker said:

Yes, just apply for it at CW. 

 

You will never be in same thabien bahn as her, foreigners must apply for a yellow thabien bahn. 

 

You probably also need proof that you are living in BKK  (rental contract) and a TM30 filled in by your landlord (or house mater) 

 

4 minutes ago, ubonjoe said:

No you don't and you cannot be registered in a blue house book. You can only get a yellow house based upon that one.

You will need proof of the address you put on the application form when you apply for the 60 day extension.

Will the baby have to be already registered in the house book then? Since before that point all I will have is the paperwork from the hospital.

[ubonjoe]

14 minutes ago, mrkungtodd said:

Will the baby have to be already registered in the house book then?

Not unless you are applying to visit them. If for visiting your wife you will need a copy of her house book registry and ID card.

[mrkungtodd]

1 hour ago, PoorSucker said:

Yes, it will not affect your WP.

 

From Police order 138/2557

2.24 In the case of visiting a spouse or children who are of Thai nationality:
Each permission shall be granted for no more than 60 days.

1. Application form.
2. Copy of applicant’s passport.
3. Copy of household registration certificate.
4. Copy of national ID card of the person having Thai nationality.
5. Copy of a marriage certificate or copy of a birth certificate.

 

Bring Wife if possible.

Hi, I told our company accountant/visa person about this and she says she asked about it and immigration said the only way for me to extend my visa is with the work documents, I could not do it with anything else because it is a non-B visa about the company. But you do not think this is correct?

[elviajero]

16 minutes ago, mrkungtodd said:

Hi, I told our company accountant/visa person about this and she says she asked about it and immigration said the only way for me to extend my visa is with the work documents, I could not do it with anything else because it is a non-B visa about the company. But you do not think this is correct?

There is nothing in immigration rules/regulations stopping an office giving you an extension of stay to visit your wife even if you have a category 'B' Non Imm visa. That said, it's possible the office will refuse.

 

If you apply for the 60 day extension and it's declined they can issue you with 7 days to leave the country. This is not an 'extension of stay'. You would have to leave the country and re-enter with a new visa.

 

It is in your best interest to extend any future stays as a spouse or parent of a Thai so that your permission to stay is not linked to your job/work permit. You can legally work (with a WP) with a Non 'O' visa if you are the spouse/parent of a Thai.

 

If you have to leave and get a new visa I would get a Non 'O', not another Non 'B'.

[mrkungtodd]

14 minutes ago, elviajero said:

It is in your best interest to extend any future stays as a spouse or parent of a Thai so that your permission to stay is not linked to your job/work permit. You can legally work (with a WP) with a Non 'O' visa if you are the spouse/parent of a Thai.

 

If you have to leave and get a new visa I would get a Non 'O', not another Non 'B'.

The problem is that I don't currently have 400k in an account for two months, and I have not had 3 months of 50k baht deposits into my account (I've only been working since December, and the year and a half before that I didn't use a Thai bank account hardly at all). That would preclude me from getting a Type O visa regarding my spouse or child, right? I have to show the funds to get it?

[elviajero]

10 minutes ago, mrkungtodd said:

26 minutes ago, elviajero said:

It is in your best interest to extend any future stays as a spouse or parent of a Thai so that your permission to stay is not linked to your job/work permit. You can legally work (with a WP) with a Non 'O' visa if you are the spouse/parent of a Thai.

 

If you have to leave and get a new visa I would get a Non 'O', not another Non 'B'.

The problem is that I don't currently have 400k in an account for two months, and I have not had 3 months of 50k baht deposits into my account (I've only been working since December, and the year and a half before that I didn't use a Thai bank account hardly at all). That would preclude me from getting a Type O visa regarding my spouse or child, right? I have to show the funds to get it?

No. You can get a Single or Multiple (Savannakhet only) Non 'O' visa without the need to provide any financials.

 

A Single Entry Non 'O' would give you 90 days on entry that could be extended by another 60 days if necessary. That's more than enough time to get your financials in order to apply for the 1 year extension of stay as a spouse using your employment income.

[mrkungtodd]

12 minutes ago, elviajero said:

No. You can get a Single or Multiple (Savannakhet only) Non 'O' visa without the need to provide any financials.

 

A Single Entry Non 'O' would give you 90 days on entry that could be extended by another 60 days if necessary. That's more than enough time to get your financials in order to apply for the 1 year extension of stay as a spouse using your employment income.

I see, but this would have to be done outside of Thailand? Or can I make this change while I'm here? And it wouldn't interrupt my work permit or force me to get a new one or anything like that?

[elviajero]

8 minutes ago, mrkungtodd said:

I see, but this would have to be done outside of Thailand?

Yes.

 

8 minutes ago, mrkungtodd said:

Or can I make this change while I'm here?

You can't change the category of Non Imm visa in the country; you'd have to get the visa outside of Thailand.

 

8 minutes ago, mrkungtodd said:

And it wouldn't interrupt my work permit or force me to get a new one or anything like that?

For the DoL to issue a WP you must have either a Non 'B' or 'O' (if spouse/parent) visa to qualify for the WP and for it to remain valid. If you left and re-entered as a tourist your WP would be invalid. If you leave and get a new Non 'O' visa and 90 days permit to stay it would not affect your work permit. 

Edited February 20, 2019 by elviajero

[mrkungtodd]

6 minutes ago, elviajero said:

Yes.

 

You can't change the category of Non Imm visa in the country; you'd have to get the visa outside of Thailand.

 

For the DoL to issue a WP you must have either a Non 'B' or 'O' (if spouse/parent) visa to qualify for the WP and for it to remain valid. If you left and re-entered as a tourist your WP would be invalid. If you leave and get a new Non 'O' visa and 90 days permit to stay it would not affect your work permit. 

Okay, thank you for the info. I will attempt to get the 60 day extension on Friday, and if that is denied for some reason I will have to go to KL and get, instead, a non-O next week. 

[elviajero]

10 minutes ago, mrkungtodd said:

Okay, thank you for the info. I will attempt to get the 60 day extension on Friday, and if that is denied for some reason I will have to go to KL and get, instead, a non-O next week. 

Sorry I should have been more specific. Some Embassies/Consulates do require financials. If you apply in KL they will want to see 400K in the bank.

 

The best places to apply are Vientiane or Savannakhet in Laos. Neither require financials.

[PoorSucker]

Section 2.24, extension based on Thai family will be issued on any visa entry, even a 30 day visa exempt stamp. 

Your account just don't know this section in the police order. 

If refused, ask for a supervisor. 

[mrkungtodd]

19 minutes ago, PoorSucker said:

Section 2.24, extension based on Thai family will be issued on any visa entry, even a 30 day visa exempt stamp. 

Your account just don't know this section in the police order. 

If refused, ask for a supervisor. 

That is relieving to hear, I will try and do it for my wife as we won't have had time to get a formal birth certificate or anything yet. From what they tell me here that isn't issued at the hospital.

[elviajero]

17 minutes ago, mrkungtodd said:

That is relieving to hear, I will try and do it for my wife as we won't have had time to get a formal birth certificate or anything yet. From what they tell me here that isn't issued at the hospital.

Not really. You should be aware that regardless of what the rules say if the office don't want to do it they won't, and you won't have much chance of overturning the decision. It will be the supervisor that says no in the first place so it's pointless complaining to them. You'd have to go over the office to regional/national level. Not a good idea. Extensions are discretionary, not a right.

 

Although technically any type of permission to stay can be extended, your visa was issued specifically for work, and if they want to be obstructive they will use that as the reason.

 

You don't need a birth certificate. Your marriage certificate will do. Your wife should attend when you apply. If she can't you'll need a letter from the doctor you confirm she's in hospital and unable to travel to the immigration office. They have been known to issue these extensions without the wife present, but I wouldn't bank on it.

 

IMO, if you the biggest chance of a hassle free future you are best advised to do a visa run and get a Non 'O'.

Edited February 20, 2019 by elviajero

[mrkungtodd]

39 minutes ago, elviajero said:

Not really. You should be aware that regardless of what the rules say if the office don't want to do it they won't, and you won't have much chance of overturning the decision. It will be the supervisor that says no in the first place so it's pointless complaining to them. You'd have to go over the office to regional/national level. Not a good idea. Extensions are discretionary, not a right.

 

Although technically any type of permission to stay can be extended, your visa was issued specifically for work, and if they want to be obstructive they will use that as the reason.

 

You don't need a birth certificate. Your marriage certificate will do. Your wife should attend when you apply. If she can't you'll need a letter from the doctor you confirm she's in hospital and unable to travel to the immigration office. They have been known to issue these extensions without the wife present, but I wouldn't bank on it.

 

IMO, if you the biggest chance of a hassle free future you are best advised to do a visa run and get a Non 'O'.

Yeah, I know that would be best for the long term, I'm just trying to do anything to avoid leaving the two of them for (at least) two nights while she's still getting some strength back. That's why even what I thought was a one week extension had appeal to me, even though I see now it isn't that at all. I will try and bring them on Friday and hope they approve it. 

[mrkungtodd]

On 2/20/2019 at 7:44 PM, PoorSucker said:

Section 2.24, extension based on Thai family will be issued on any visa entry, even a 30 day visa exempt stamp. 

Your account just don't know this section in the police order. 

If refused, ask for a supervisor. 

 

On 2/20/2019 at 8:23 PM, elviajero said:

Not really. You should be aware that regardless of what the rules say if the office don't want to do it they won't, and you won't have much chance of overturning the decision. It will be the supervisor that says no in the first place so it's pointless complaining to them. You'd have to go over the office to regional/national level. Not a good idea. Extensions are discretionary, not a right.

 

Although technically any type of permission to stay can be extended, your visa was issued specifically for work, and if they want to be obstructive they will use that as the reason.

 

You don't need a birth certificate. Your marriage certificate will do. Your wife should attend when you apply. If she can't you'll need a letter from the doctor you confirm she's in hospital and unable to travel to the immigration office. They have been known to issue these extensions without the wife present, but I wouldn't bank on it.

 

IMO, if you the biggest chance of a hassle free future you are best advised to do a visa run and get a Non 'O'.

 

Unforuntunately, they denied me. Wouldn't even give me a queue number, wouldn't look at the printed out section. Said that they could give me the 7 days extension (or 7 days to leave the Kingdom as she said) or 1 year, but for one year I had to do it with all the company paperwork. No other methods of extension for Type B visas. Really shitty.