Visa run avoidance

Visa questions, companies, work permits, employment, insurance, banking and finance, and legal issues.
bapak
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Post by bapak »

Korkenzieher wrote:You can also get 1 yr (15 months) with the ED visa, by signing up to an education program (of I believe not less than 180 hours). Normally it is given as a 3 month visa, but extendable at an imm office. It has the benefit, I believe, that you can do Imm office address reporting, rather than have to do visa runs every 90 days. Bapak Don will know the finer details. I had one last year from Hull (proximity rather than convenience - 6 miles from home!), but this year they gave me a 1 yr MRE O visa for the asking, and I too am under 50. I don't recall particularly giving any reason,let alone one from an approved list. Perhaps I had to tick a box or something - went in person to Saxon Way.
Actually the situation for a student with a ED Visa is this ... they make a 90 day visit to Immigration with a letter from the school and Ministry of Education and extend 90 days. At present this can be done for up to 3 years (some schools advertise more). So you get the ED visa with single entry and just extend every 3 months for 3 years... However, must get single entry visa. If a Multiple Enttry is applied for and issued, the student must do a border run every 90 days.

If the student wished to make a journey outside Thailand whilst here on such a Permit to Stay, they can apply for a Re-entry Permit. However, must return to Thailand prior to the expiration of the Permit to Stay otherwise the Permit to Stay (ED) conditions are voided.
lomuamart
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Post by lomuamart »

Actually, thinking about it, I personally wouldn't advise anyone to apply for a Non O from the London Embassy unless they fitted in with the MFA regulations.
SJ, I appreciate that there's the words "such as" on the website, but I would very much doubt that nowadays anyone would have much of a chance there. The response would simply be "you're eligible for a tourist visa, not a Non O".
After all, the distinction between the two lies in the requirements for the Non O.
I also scan the internet for information on visas and I must admit that I havn't noticed any instances recently (past year or so) when someone has obtained a Non O from a Thai Embassy anywhere in the world unless they fit the requirements laid down by the MFA.
I could have missed some instances, but bearing in kind that I look at the relevant information on an almost daily basis, I don't think I've missed much.
If you'd care to PM me with such instances, especially from the UK, I'd be happy to correct my opinion on the open forum.
I don't mean to be argumentative here, but I genuinely think you may be giving some readers the wrong impression of their chances at The Embassy.
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Spitfire
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Post by Spitfire »

^ Yes, fair enough, agree, if you happen to be in the UK then go to Hull, sure it will cater for your needs, but if you are around here then don't even think that that's the status quo, the embassy or consulate will laugh at you. Going to the embassy in London will probably get you then same uncompromising response. The description list of requirements might well be what is presented on the Internet but when you turn up at the embassy or consulate you may well find a different position is in operation.
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Super Joe
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Post by Super Joe »

lomuamart wrote:Actually, thinking about it, I personally wouldn't advise anyone to apply for a Non O from the London Embassy unless they fitted in with the MFA regulations.
SJ, I appreciate that there's the words "such as" on the website, but I would very much doubt that nowadays anyone would have much of a chance there. The response would simply be "you're eligible for a tourist visa, not a Non O".
After all, the distinction between the two lies in the requirements for the Non O.
I also scan the internet for information on visas and I must admit that I havn't noticed any instances recently (past year or so) when someone has obtained a Non O from a Thai Embassy anywhere in the world unless they fit the requirements laid down by the MFA.
I could have missed some instances, but bearing in kind that I look at the relevant information on an almost daily basis, I don't think I've missed much.
If you'd care to PM me with such instances, especially from the UK, I'd be happy to correct my opinion on the open forum.
I don't mean to be argumentative here, but I genuinely think you may be giving some readers the wrong impression of their chances at The Embassy.
That's all fair enough Lomu, I'm just going on my personal experience of obtaining them, and those of friends, which I've posted on here over the years including when I never had the original marriage certificate and official said fill out another form and put down visiting girlfriend!! I could scan up our visas but they do not have the reason for issue on them, also my last one was a few years back so not current.
You're far more up-to-date on visa situations than me (or anyone I've read), so your advice about using Hull who are clearly more accomodating is the advice people should follow. I'd hate for someone to turn up at London only to be refused.

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uncle tom
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Post by uncle tom »

Looking through the various categories of visa, it seems a fair bet that "O" stands for 'Other' - which may simply mean that the category is entirely discretionary; and that there is no exhaustive list of worthy applicants.

It would be very un-diplomatic for an immigration authority to say that they had a preference for long term visitors from one country, but not from another; but by having an entirely discretionary category of visa, such preferences can be given effect, without being spoken..

Tom
I may be drunk, Miss, but in the morning I shall be sober and you will still be ugly...
lomuamart
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Post by lomuamart »

"O" does indeed stand for other. However, the fact is that the MFA does list what sort of people fall into that category (as per the link I put up a few days ago).
Non Immigrant visas are used to extend peoples' stay in Thailand annually. Tourist visas can be extended, but only for 30 days. Annual extensions can continue indefinitely, but you have to qualify for them - through work, married to a Thai, retired and so on and you have to meet certain financial criteria.
Therefore, these Non Imm visas, including "O"s, are "supposed" to be given only to those who could qualify for an annual extension if they want. Having friends over here won't qualify you for the annual extension.
Although the mindset is still fairly recent, there have been a number of changes made to visa laws designed to prohibit people staying long-term in The Kingdom unless they qualify - changes to the visas exempt rules and, it would appear, central Imm directives to neighbouring consulates and Embassies restricting the number of back-to-back tourist visas people can get and the number of entries they can obtain. The view is that if you're a tourist, you shouldn't be staying here for extended periods of time and if you are, how are you supporting yourself - working illegally?
This is the way Thailand is, rightly or wrongly. I'm not making any value judgement on the situation.
Following this policy through and with the knowledge that Non Imm visas are designed to allow people to stay long-term with annual extensions, it's not surprising that the the issuance of them is supposed to be restricted to those who qualify for long-term stays (ie potentially forever).
Exceptions to the above can be found in the attitude of consulates around the world in as much as they will "bend the rules" a bit when issuing Non Imm visas - especially the "O" category. Hull does it by issuing Non Os on the basis of visiting friends. I believe Birmingham are quite user-friendly as well. In Australia, Brisbane and Perth have been good bets. In America, Houston is supposedly friendly.
So, where there's a will there's a way still. However, your not going to find the same degree of latitude from Embassies who tow the government line.
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uncle tom
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Post by uncle tom »

I'm inclined to disagree when you refer to 'bending the rules' - I think it's more a case of interpreting them wisely.

An immigration officer who is fresh out of training school is more likely to default to the negative when discretionary decisions are needed, for fear of letting someone in who subsequently proves to be a major liability.

Those with more experiance are likely to get an immediate 'feel' for each case that lands before them, as they they glance at the application form, flick through the applicant's passport, and check to see if there's any history on their system..

Imagine an official considering two applications:

1)

Nationality - British
Age - 49
Past immigartion history - multiple and compliant
Involvement with the law - none
Primary destination - Hua Hin

2)

Nationality - Russian
Age - 29
Past immigration history - single visit, overstayed, but not fined
Involvement with the law - arrested after nightclub disturbance, but not charged
Primary destination - Pattaya

The seasoned immigration officer would take a nanosecond to know who to worry about, while the newbie fresh out of training school might worry that as the second guy had not been charged or fined, he should get the same treatment as the first..

Tom
I may be drunk, Miss, but in the morning I shall be sober and you will still be ugly...
lomuamart
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Post by lomuamart »

uncle tom,
Whether the consulate is "bending the rules" or "interpreting them wisely" is really just a matter of semantics. Thai Imm law does not allow a person to get a Non O visa on the basis of visiting friends. However, Hull permit it and long may that last.
The honorary consul there is not an Imm officer. I'd lay odds that if you came up against one, or Embassy official trained to process visas (pretty much the same thing), in the UK, you wouldn't get a Non O, regardless of you being a Brit, 49 etc etc. You don't qualify. It would make no difference how experienced or otherwise that official was.
However, you could be 21 and have overstayed countless times here but I'd bet you'd get a Non O from Hull.
Consulates, especially friendly ones, rule

:thumb:
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