90 day non Immigrant O next steps

[CanadaJohn]

I have just received a 90 day non-Immigrant O visa to visit my Thai wife.  I will be entering Thailand in December. My question is what my next steps are. Ultimately, I want a marriage visa. So do I extend my 90-day visa for 1 year and during that year have the funds in the bank etc to then apply the marriage visa. If 1 year extension is possible, where is it done.

[Faz]

Hi John and welcome to the forum.

You're obviously a little confused. There is no such visa type as a 'Marriage visa'.
Please read this article for a further explanation; https://talk.thethaiger.com/topic/1652-visa-or-extension-of-stay/#comment-5567

You applied for and obtained the 90-day Non Imm O Visa for the purpose of visiting a Thai spouse, which is often wrongly referred to as a 'marriage visa'. The Non Imm O can be obtained for a number of reason, not just Thai spouse.

On entry to Thailand, Immigration will stamp 'USED' across your Visa. You have used the single entry it permitted, and it serves no other purpose than to denote you entered as a Non Immigrant, as opposed to a Tourist. They'll also place an entry stamp in your passport which denotes the day you entered, the visa class (Non Imm O) and an admitted until date, which will be 90 days from the arrival date.
This date is thereafter referred to as your 'permission of stay'.
The validity of a visa and the validity of any granted 'permission of stay' are separate in Thailand.

You can then extend this 90 day permission of stay, for a further 1 year, subject to meeting the financial requirements at your local Immigration office. To meet these requirements, you'll need to open a Thai bank account in your sole name and deposit 400,000 THB asap after arrival.
The 400K THB must be in a Thai bank account for 2 months prior to the date of submitting your application for a 1-year extension of stay based on Thai spouse.
The validity of a visa cannot be extended, you're extending the 'permission of stay' granted on entry, which is a 'permit' (of stay), not a visa.
If you wish to leave and re-enter the Country during this period, then you must separately purchase a 're-entry permit', which protects any permission of stay already granted.

I'm sure you still have many questions.

Important question - I'm assuming you were previously legally married in Thailand?

If I know where you'll be living (Province) then I can advise the location of your local Immigration office?

 

[CanadaJohn]

Hi Faz,

Thank you for your very informative reply, that helps a lot. 

My location is Chiang Mai and I was legally married in the UK 10 years ago to a thai national who also holds a uk passport. I believe the marriage is legally accepted in Thailand (I hope so:) ).

[Chaimai]

Faz will correct/add to these comments.

 

You marriage is legally accepted everywhere.

 

However, for the purposes of making an application to extend your stay, based on marriage, you will need to register your marriage at your local amphur. That will enable you get the necessary copies of register entries to support your marriage extension application.

[Faz]

1 hour ago, CanadaJohn said:

My location is Chiang Mai and I was legally married in the UK 10 years ago to a thai national who also holds a uk passport. I believe the marriage is legally accepted in Thailand (I hope so:) ).

Chiang Mai Immigration is located near the airport.
Google 'Chiang Mai Immigration office' for their website and location.

Although your marriage is legal, your British foreign marriage certificate will not be accepted by any Thai government department in its current form. You need to register your foreign marriage at your local Amphoe in order to obtain what's known as a Kor Ror 22 to support your marriage extension application at Immigration.

Read this topic; https://talk.thethaiger.com/topic/3239-marriage-or-registering-a-foreign-marriage-in-thailand/#comment-25750 ignoring the top information on how to marry in Thailand. Scroll down to registering a foreign marriage in Thailand.

You are required to go through a 'legalization' process for your foreign document to be recognized and accepted by the Thai authorities - more info to come.

 

[Faz]

 

You must get your UK marriage certificate 'legalized' in the UK, the British Embassy in Bangkok do not provide this service.

When were you planning to come in December?

Step 1.
You need to send your UK marriage certificate to the legalization department of the Home office in Milton Keynes, who can authenticate your certificate. It must then be forwarded to the Thai Embassy in London, who will 'apostille' the certificate.
It will now be accepted as a legally binding, authenticated foreign document for use in Thailand. I strongly recommend you use a solicitor or a notary public for this service.
https://www.gov.uk/get-document-legalised

Step 2.
On arrival in Thailand, your authenticated legalized UK marriage certificate must now be translated into Thai, then the translation legalized by the consular section of the MFA, as detailed in the previous topic link.
With this, you can now register your foreign marriage at your local Amphoe in Chiang Mai.

Step 3.
Certain Amphoe offices may also request a certified copy of your passport ID page by the British Embassy, again translated to Thai and legalized by the MFA.  You should ask your wife to check the requirements at her local Amphoe.

Without following the above procedures, you won't be able to register your foreign marriage in Thailand and thus unable to apply for a 1-year extension based on Thai spouse.

 

 

[CanadaJohn]

Fly Dec 1st so I guess this isnt going to happen.

[Faz]

9 minutes ago, CanadaJohn said:

Fly Dec 1st so I guess this isnt going to happen.

The flight or the legalization of your UK marriage certificate?

[Faz]

I assume it's your intention to stay in Thailand.
There are other options available.
Are you 50 years of age?

[CanadaJohn]

58 years old.

flight booked 1 dec - 1 march.

Non immigrant O 90 day granted.

 

[CanadaJohn]

"Certain Amphoe offices may also request a certified copy of your passport ID page by the British Embassy, again translated to Thai and legalized by the MFA". 

I've got a Uk solicitor to make a copy of my passport ID page and sign and stamp is as a true copy, does that then need to be legalised by the FCO and then apostille at the Thai embassy as per the marriage certificate. Then bring to Thailand and do the steps you have previously advised.

Thank you in advance.

 

[Faz]

1 hour ago, CanadaJohn said:

I've got a Uk solicitor to make a copy of my passport ID page and sign and stamp is as a true copy, does that then need to be legalised by the FCO and then apostille at the Thai embassy as per the marriage certificate. Then bring to Thailand and do the steps you have previously advised.

Personally, I'd say yes, but the Amphoes request an Embassy certified copy.
Although legitimate, anything different from the procedure they are used to, they find confusing.
Logic and common sense isn't applicable here.