Dear editor,
I am in possession of a Non-immigrant OA multiple entry visa, with the date for “Entry before” 21/12/2015.
Chronology:
- Entry Thailand on 22/01/2015 – stamped Immigration: Visa class Non-OA admitted until 21/01/2016
- Left Thailand on 8/06/2015
- Entry Thailand on 14/07/2015 – stamped Immigration: Visa class Non-OA admitted until 12/07/2016
- Left Thailand on 11/05/2016
- Entry Thailand on 2/07/2016
Upon arrival on 2/07/2016, the lady of Immigration at Suvarnabhumi said that my visa is no longer valid and she gives me until July 1 “to put everything in order”. Visa class no longer states Non-OA on the entry stamp, but W30 (?) admitted until 1/07/2016.
Here are the following questions:
– Is this really the case that my visa is no longer valid and am I in “overstay”?
– In that case: can an annual extension still be requested?
Thank you very much for your response,
Regards,
Paul
Dear Paul,
The immigration lady is absolutely right. Your Non-immigrant “OA” Multiple entry visa expired on 21/12/2015. You wrote it yourself “Enter before 21/12/15”. From that date you can no longer obtain a period of stay with that visa.
The last time you entered Thailand with that visa was 14/07/15. That was still possible then because before 21/12/15, and you then obtained a residence period of one year. As provided for that category of visa. Your last period of stay then ran until 12/07/16. On 11/05/16 you left Thailand again. That is after the validity period (21/12/15) of your Non-immigrant “OA” Multiple entry.
When you leave Thailand after the validity period of your visa (in this case 21/12/15) and you want to keep your last period of stay, you must first request a “Re-entry”. If you do not do this, your most recently obtained residence period will expire the moment you leave Thailand. This has been written so many times here on the blog by me in comments, and it is also clearly stated in the Dossier Visa.
www.thailandblog.nl/wp-content/uploads/TB-Dossier-Visa-2016-Definatief-18-februari-2016.pdf
See page 46 – point 15. “The Non-Immigrant OA Visa has a standard multiple entry for 1 year. If you have a period of residence that extends beyond that period of validity, and you want to leave Thailand after that period of validity, you must have a re-entry, otherwise the last period of residence obtained will lapse.”
If you had passed that “Re-entry” before you left on 11/05/16, you would have obtained your end date of the previous period of stay again, ie 12/07/16. Following that date, you could have asked for a year extension at immigration based on “Reirement” or “Thai Marrigae”.
What you need for this is also in the Dossier. Pay attention to this again – if you want to leave Thailand, you need a “Re-entry” or you will lose that extension again.
What now? In any case, you can never have an “Overstay”. You have left Thailand before the end of your last obtained period of residence. It then ran until 12/07/16 and you already left on 11/05/16. She has now given you a “Visa Exemption” of 30 days upon entry, and you can stay until 01/07/16.
I don't know what the sign "W30" means either. Must have something to do with a 30-day stay, but I don't know what the "W" means right now either. An abbreviation of something.
I think you have three options now.
1. Extension in Thailand. You can go to immigration as soon as possible, and ask for a year extension on the basis of “Retirement” or “Thai Marriage”. Costs 1900 Baht. Details can be found in the Dossier.
You will first have to have your “Visa Exemption” converted to a Non-immigrant “O”. Immigration officer will decide if he will state. Costs 2000 Baht. Do this immediately on Monday, because normally there must be at least 15 days left. You still have it, because you only arrived 2 days ago. Normally, this conversion may only be allowed by Bangkok, but certain immigration offices may also receive that application, including Pattaya.
I don't know where you are staying, but it may also be that you have to go to Bangkok. It will take about 5 days there, so keep that in mind.
Once the conversion has taken place, you will receive 90 days of residence, which you can then extend by one year.
You can usually apply for this conversion and the annual extension together. It looks like you got a 15 month extension, but you now know that it is 90 days of the Non-Immigrant “O”, and 1 year of the extension. Together 15 months.
2. Get a new Non-immigrant “O” in the embassy/consulate of one of the neighboring countries. You can go to a neighboring country and apply for a Non-immigrant “O” there. You will then receive a 90-day stay upon entry. After those 90 days you can then ask for a year extension.
3. Get a new visa in your home country. You can go back home and apply for a new Non-Immigrant “OA” there, or a Non-Immigrant “O” of course.
I don't know when you planned to go back. If you were already planning to return before 12/07/16, you can still stay here pending your “Visa Exemption”.
You already have a stay until 01/07/16, but you can extend the 30 days that you have obtained, if necessary, by another 30 days. Costs 1900 Baht.
Think about it. If you have any additional questions let me know.
And don't forget it in the future. A "Re-entry" is always necessary if you want to keep a period of stay, especially if it extends beyond the period of validity of your visa.
Regards,
RonnyLatPhrao
Disclaimer: The advice is based on existing regulations. The editors accept no responsibility if this is deviated from in practice.