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Can I renew my Non-O visa after divorcing my Thai wife if I have children with her?

Non-O visa Divorce Thai immigration Children custody Visa extension Financial requirements Dependent visa

December 5, 2017

7 years ago

Ajeith *************

ORIGINAL POSTER

Hi can anyone tell me if I divorce my Thai wife can I still renew my non o because I have 2 children with her .

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TLDR : Answer Summary

The discussion addresses whether an expat can renew a Non-O visa after divorcing a Thai spouse, especially when they have children together. Key points include that a Non-O visa based on marriage may remain valid until expiration after divorce, but the extension tied to the marriage will become invalid upon divorce. If custody of the children is established, the expat can apply for an extension based on being a parent. There are different requirements and options for dependents, particularly regarding finances like a minimum bank balance or income. It is advised to consult immigration authorities directly for specific situations.

NON-O RETIREMENT VISA RESOURCES / SERVICES

Go to the Retirement Visa Section for information on requirements, including age restrictions, financial requirements, and necessary documentation.
For immediate assistance, contact Thai Visa Centre directly via LINE at @ThaiVisaCentre or Email them.
Explore recent discussions by using the Non-O Retirement Visa tag in the search box at the top of the page.
Join the Thai Visa Advice Facebook Group to ask your questions, and get advice from others.

Ajeith *************

ORIGINAL POSTER

Thank you everyone for your answers.

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Johnsuma ******

you must go to imm. the day you get divorce with the document from the country side. (your lawyer will do that)

Sad thing.

your actual visa mariage will be cancelled ask them what to do exactelly

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Johnsuma ******

ah ok thanks now I know. That's fun as its 25 years on retired and I did not know ! (before it was 12 years on marriage visa & I not remember I changed something).

Thanks.

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Tod *********

, that stamp is an extension of stay based on being over 50 (retirement). you can see where the thai references Police order

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clause 2.22 and that's the retirement extension clause.

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Johnsuma ******

Well no..nothing about type ! Maybe in TH...

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Robert *******

It is stamped in your passport, you can open it and take a look.

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Johnsuma ******

also in case the wife die, it must be reported, i still not sure if it happen to me (marriage & retire). in fact i have no idea the extension i have... lol.

That is my driver that do that for us.

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Robert *******

There are two different things. a Visa and an Extension of Stay. You can scroll a little up to see both examples and find the difference. a Visa stays valid till the enter before date, an Extension of Stay stops on the day that the reason of extension gets invalid. With simple words Extension of Stay based on marriage ends on day of divorce or based on Working ends on the day of getting fired/end of contract or the day you quiet the job.

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David ****************

. Are 100% sure of that? When I was in that position, I’m sure I was told that the divorce nullifies a visa/Extension based on the marriage. BUT, I must say that Immigration were not at all interested when I enquired and did tell me to deal with it upon normal expiry date. I just thought they were using common sense/practical solution.

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Johnsuma ******

umm it seems I make mistake with the visa/extention ! sorryyy

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Tod *********

, you only have to do that if you are on a yearly extension of stay :/

the O/P actually doesn't need to go to the immigration office when they divorce because they are not on an extension of stay.

They are on a year-long, multi-entry Non-O visa based on marriage. Even if they divorce the visa will not get canceled and is valid until it expires.

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Robert *******

Why has he, or his lawyer has to go to Immigration on the day of divorce?

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Robert *******

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Tod *********

Most consulates in the area are only going to issue a 90 day single entry Non-O visa based on supporting children f. You don't require any proof of financials only the birth certificates with your name on them, and their house book listings.

There are reports that if you show 400K baht in an account the thai consulate in Penang will issue a year long multi-entry Non-O visa with just the birth certificates.

Or You could get a yearly extension of stay at the immigration office by banking 400K baht in an account in your name or by using the notarized letter from your consulate you get 40K baht a month in income.

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Robert *******

If the answer is NO, we will wait for the respons of the Expert

with the requirements of the Consulate.

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Robert *******

If yes, than you can apply for an Extension of Stay for 1 year at your local Immigration office and do not have to leave the country every 90 days.

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Robert *******

So it seems you have a Non O Visa based on Marriage, due the 90 days border runs and every 15 months you apply for a NEW visa. Are you the official parent (by law) of the children and can you show the minimum of 400.000 Thb on a bank account or the minimum 40.000 Thb a month income? Will the children live with you after the divorce?

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Ajeith *************

ORIGINAL POSTER

the one I have is based on marriage. I don't show any money and renew it every 15 months. Crossing the border every 3.

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Robert *******

And this is called an Extension of Stay: (It is an example)

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Robert *******

To make it more easy, look in your passport and the example picture: This is called a Visa:

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Tod *********

A Non-Immigrant Type O visa and the extensions of stays on them are issued for a variety of reasons

marriage, being over 50 (retirement), raising children, being married to foreigner who legally works here, volunteering. What was the reason you got your Non-O visa?

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Tod *********

You're not making much sense to me.

Do you have a Non-O visa <- (the O means other) that you got at a thai consulate and if so what was the basis of you getting this visa

OR

Do you have a yearly extension of stay that you got at the immigration office and if so what was the basis for you getting it?

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Ajeith *************

ORIGINAL POSTER

I have a none o not a marriage Visa.

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David ****************

And are legally married with a marriage certificate?

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David ****************

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Tod *********

if you had the children while you were married & when you make up the divorce papers you specify that you get 50% custody you could as long as they live with you.

It takes the same financial requirements as an extension based on marriage.

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Ajeith *************

ORIGINAL POSTER

I'm from the UK if it makes a difference.

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Craig *********

You can get an immigrant O dependant visa.

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Robert *******

Take a look at this:

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Robert *******

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