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Answered5 years ago

Do I need to go to Chaeng Wattana to cancel my visa after divorcing my Thai wife?

Jason **********
asked Mar 28, 2022
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I'm about to get a divorce to my thai wife. Do I have to also go to Chaeng wattana (I'm in Bkk) to cancel my extension of stay, that expires anyway on 6 May? I searched but couldn't find much related to this process.

I thought that once I sign the divorce, it will nullify my non imm o extension of stay and I have to leave within 24hrs of the papers being signed.

Or if I sign the papers and just leave, what's the worst that could happen? As I say, the ext of stay expires 6 May anyway

Cheers
Answer summary
After signing the divorce papers with your Thai wife, you must visit the immigration office to cancel your Non-Immigrant O extension of stay, as your eligibility for that visa ends on the day of divorce. You typically have a 7-day grace period to leave the country after the cancellation. If you bypass this cancellation, you risk accruing overstay fines. Some users suggest considering a retirement visa if eligible or applying for a COVID extension after canceling your marriage-related extension.
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Tod *********
Tod *********
@Jason *********
In re-reading the police order that allows covid extensions this time around (from Mar 26 to May 24th) it appears that people who were on Non-Imm visas or extensions CAN apply for a covid extension. SO once you're divorced, go cancel your marriage extension and then tell them you want to apply for the 60 day covid extension.

We are getting reports of people who have done it successfully, even one report where the immigration office sent the person away last friday (when the old program was in effect that didn't allow it) and told to come back monday (under the new program that DOES allow it 😮 ) They did and got an under consideration stamp (y)
Jason **********
Jason **********
OP
@Tod ********
Ok, thanks for this. It definitely gives me options. Appreciate it
John *********
John *********
Worst that can happen is you max out your overstay fines. No biggie. You can get the covid visa right now though to give you time.
Tod *********
Tod *********
@John ********
at this time there is some confusion about whether people on Non-imm visas or extension can get covid extensions.

He needs to cancel his extension and if he can't get the covid extension get the 7 day stamp and get outta thailand.
Jason **********
Jason **********
OP
Thanks everyone. I'm not 50 yet and will definitely leave Thailand anyway. Time to go home.

My main concern was the order to do things in such as:

1) sign divorce with the ex

2) head to immigration to cancel my ext of stay

3) get 7 days to leave

4) fly home and get ready to feel the cold (uk) 😋
Tod *********
Tod *********
@Jason *********
good luck with it, it's pretty straightforward, you shouldn't have any issue cancelling your extension and getting that 7 day get outta dodge stamp for 1900baht.
Jason **********
Jason **********
OP
@Tod ********
great, thanks. And thanks for all your help whilst I've been here. You've answered a number of my questions over the years. Keep fighting the good fight 🙏
Kris *********
Kris *********
Having the father of my ex speak out for me helped me enormously. He and the immigration officer could find a solution for me. In cases like yours individual decisions of the officer are important.
Brooke ******
Brooke ******
Just get your basic retirement visa…that’s if she didn’t clean you out.
Bo *************
Bo *************
Apply for a one year retirement visa at the same time.
Tod *********
Tod *********
@Bo ************
good one, IF the O/P is over 50 and meets the financial requirements of the retirement extension (y)
Tony ********
Tony ********
Change the "reasons" for extension before you divorce. What's the rush?
Tod *********
Tod *********
@Tony *******
as a rule you need to have your next extension coming up to go from marriage extension to one based on another reason (raising thai children, retirement) and can't do it "out of cycle" (when it's due) without a good reason, like you're divorced now and don't meet the requirements for the marriage extension

OR

At least that's been my experience
John **********
John **********
If it's an extension by way of Married to Thai I was always under the impression you had 7 days to leave once nullified.

You ask worse that can happen well that would be to be arrested for overstaying
Barry ******
Barry ******
you must leave the day you stop meeting the conditions of your extension of stay.
Jason **********
Jason **********
OP
I'll not even need 7 days. Thursday 6th April I sign divorce papers. The same day or Friday (depending how long a divorce signing takes) and then Friday 7th I have a flight at just after midnight Friday night. I'll be outside of the 24hr deadline by about 12-15 hours.

My flights already booked too so if I didn't cancel my extension of stay I'm sure they'd just tell me off or fine me a few hundred baht.

Anyway, I'll go cancel it and see what immigration say about the 12-15hrs extra
Tod *********
Tod *********
@John ******
you BUY that 'application denied' 7 days to get out, it's not given free. The extension stops the day you cancel it
John **********
John **********
@Tod ********
I have had 7 days to leave 3 times never once had to buy it
Tod *********
Tod *********
the day you sign the divorce papers at the Amphur is the day you no longet meet the requirements to have your extension and need to go to the immigration office where you got it to cancel it. While you're there you could get a '7 day extension denied" stamp that gives you a week to get out.

Otherwise you're gonna rack up overstay fines from the date the divorce decree was signed and the extension was cancelled until you leave.

You need to cancel it BEFORE you leave, failing to meet the terms doesn't do anything until you go and get the extension cancelled at the immigration office.
Sam ******
Sam ******
@Tod ********
Comprehensively explained!
Jason **********
Jason **********
OP
@Tod ********
thanks. 'If' I don't cancel the ext of stay and just get out of dodge, what's the worst that can happen? I believe the only problem I'd have is if I ever applied again for another non imm visa, in which case I have no plans to anyway.

I just re-read your answer....My flight is at 0055 on Saturday 9th April. My ex and I will sign the divorce on Thursday 7th. So, if I don't cancel the ext of stay, I could be fined 1 day overstay?
Tod *********
Tod *********
@Jason *********
DON'T do it, just go cancel it like you're supposed to do.

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