Can I revert back to an extension of stay based on employment after my spouse's passing in Thailand?

Mar 26, 2021
4 years ago
Susan *******
ORIGINAL POSTER
Some years ago I was on an extension of stay based on employment then at the IO's advice I changed the reason based on married to Thai man. My husband passed away suddenly last week. Can I revert back to extension of stay reason based on employment? I asked immigration today but he was a bit cautious and just said "let's check documents first from my employer". I hope I don't have to leave the country!
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TLDR : Answer Summary
The original poster (OP) is seeking advice on whether they can revert back to a one-year extension of stay based on employment, following the recent passing of their husband who was Thai. They initially changed their visa status to an extension based on marriage. The commenters confirmed that the OP retains the right to stay on the marriage extension until its expiry before needing to apply for another type of extension. They also discussed the necessary documents from the employer, which would facilitate a potential change in visa status. Overall, the OP seems to have rights under Thai immigration law that allow them to remain in the country until their current extension expires.
Peter *******************
for my own curiosity if the reason for the extension changes from marriage to employment does the extension of stay remains based on a non O then ?
Peter *******************
thx clear
Peter *******************
I understand that but any extension always starts with a visa being inked such as a non O, B, OA,... . I presume in case of employment that non O would need to change to a B with a extension afterwards linked to it ?unless the non O could remain but the extension then become based on employment in this case ? just curiosity
Benjamin ******
@Peter ******************
>I presume in case of employment that non O would need to change to a B with a extension afterwards linked to it

No, it would not be needed, she would be changing her reason why she's staying in Thailand.
Benjamin ******
@Peter ******************
An extension of stay an a visa are two completely different concepts. *GENERALLY* a visa is valid for only 3 months. On each type of visas, there are limited reasons why a person can get an extension of stay (i.e. for a Non-O visa based on marriage to a Thai national, the most common extension is a one year extension of stay based on marriage to a Thai national).

Once you get ONE extension of stay, the next extension of stay can be different, if the criteria are met (usually).
Tony ********
sorry for your loss hope immigration look after you
Tod *********
First let me say I am sorry for your loss, :/

The extension rules are clear on this (no matter what you're being told by a mid-level, passport stamping, paper-pushing gov't lackey :O ) IF you are on a yearly extension of stay based on marriage to a thai and your spouse dies you can stay ON that extension until it expires before you would have to apply for an extension based on another reason.

Now there is nothing stopping you from cancelling this current extension and then applying for a new yearly extension based on employment before this current extension expires, BUT I wanted you to know 100% you have the right to stay on this extension until it runs out.

This is cut from the STM.2 (สตม.๒) form you sign when you get your yearly extensions issued
Susan *******
ORIGINAL POSTER
@Tod ********
Thank you Tod I will show This to them and my employer. Much appreciated.
Peter ****************
Wow. It is literally there. Well found
@Tod ********
!!! Compliments! 👍
Tod *********
@Peter ***************
;) it's in this form (it's one of the 3 or 4 they hand you to sign when you get your extension that most people don't ever look at)
Songklot ********
Kru Susan, did you give the notice at Amphur?
Susan *******
ORIGINAL POSTER
@Songklot *******
Yes have told all govt. offices already.
Songklot ********
@Susan ******
. Ok kab. Big hug na.
Sam ******
Hopefully you'll find the outcome that suits you best.
Susan *******
ORIGINAL POSTER
Thanks for your reply Benjamin. I alerted Krabi Immigration immediately of my circumstances. Firstly he said I can change the reason for extension of stay when it expires on
*****
/21. But today he changed his mind and asked my employer to prepare documents asap. Then I will have a new expiry date. I'm sure all will be ok but it's always nerve racking when your life is in their hands 😁
Benjamin ******
I’m very sorry to hear about your loss 😞

For your current existing extension of stay, you can stay until the”until to” date.

There should be no reason at all why you can’t go back to a one year extension of stay based on employment, if you and the employer meet the criteria
Ken ********
Sorry for your loss
Ellie *******
I'm not so sure if OP can stay until the "permitted until" date she is on extension, not entry stamp. There might (or could) be some grace period for 'wrap-up', but I don't really know it's would be the whole period of your current stay. Or might be resulted in an overstay upon your next application.
@Susan ******
, sorry for your loss. But you need to be careful about your status.
Ben **********
@Ellie ******
there is. She can stay on this extension till the end date 100% sure
Benjamin ******
@Ellie ******
I need to dig up my old extension of stay paperwork, but I’m 99% sure it says the extension of stay is valid up to the date *if*

The spouse dies. For all other cases, a person has until 11:59 the same day to leave Thailand if the reason for the extension of stay disappears (I.e divorce if married to a Thai, loss of employer if based on employment, etc).
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