Questioner: Laurens
I want to transfer my tourist visa to a marriage visa, but now the immigration says that I must first transfer it to a NON-O visa.
Why can't they transfer him to a marriage visa right away? (am already married and already have the yellow book etc.)
Reaction RonnyLatYa
What is called a marriage visa is actually a Non-immigrant O visa obtained on the basis of Thai Marriage. But for some reason you didn't request that before you left for Thailand. If you had, you could have simply applied for a one-year extension of your residence period based on your Thai Marriage.
You have currently only obtained a period of stay with a Tourist visa. You cannot extend a period of stay obtained with a Tourist visa by one year. Under no circumstances and therefore not as a Thai Marriage. The only possible extension based on Thai Marriage is 60 days and this once.
You will therefore first have to submit an application to convert your Tourist status to a Non-immigrant status. Can be based on Thai Marriage, at least if your marriage is registered in Thailand.
You can read the conditions here:
https://bangkok.immigration.go.th/wp-content/uploads/2020/10/6.pdf
If approved, you will first receive a residence period of 90 days. Just as if you would have entered with a Non-immigrant O visa. That status (Non-immigrant) does give the option to extend those 90 days by a year on the basis of Thai Marriage.
In summary. It has everything to do with your current residence status and that is that of a Tourist. That is not enough to obtain a one-year extension. Not even if you are married.
That is simply Thai immigration law and you have to ask the Thai government the why of a legislation.
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