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How does the death of a spouse affect a foreigner's marriage visa in Thailand, especially when there are Thai children involved?

Marriage Visa Visa Regulations Children of Thai Citizens Extension of Stay Thai Immigration Law Dependent Visa Foreign Spouse Death of a Spouse and Visa Implications

Aug 22, 2018

6 years ago

Anthony **********

ORIGINAL POSTER

The Thai husband of a foreigner died while she was away from Thailand with kids on a trip. The children are Thai citizens and currently abroad. How does the death of a spouse affect the marriage visa? Especially with kids?

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TLDR : Answer Summary

The death of a Thai spouse affects a foreigner's marriage visa significantly. If the foreigner holds a year-long, multi-entry visa, it remains valid until it expires. However, if they are on a yearly extension of stay based on their marriage, they must present the death certificate to the immigration office upon returning to Thailand, cancel their current extension, and apply for a new extension based on raising Thai children. This new application will be subject to financial requirements for custodial parents, contrasting with the marriage extension which typically has no such requirements.

Tod *********

Okay it works this way, IF they're on a year-long, multi-entry VISA (the kind where they have to leave the country every 90 days) it cannot be canceled and they can stay until it expires.

BUT

IF they're on a yearly extension of stay, when they come back to thailand, they need to take the death certificate to the immigration office, cancel their current extension based on marriage and immediately apply for a new yearly extension based on raising half thai children. They will have to meet the financial requirements for raising children (even though when a foreign woman is married to a thai there is no financial requirements it's not that way for the raising half thai children extension).

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Robert *******

My condolenses to the family. I can not help with this question but I like to know what you found out at Immigration about this.

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Neo ************

Can i just add i my case i had a divorce the ex wife rushed down to Immigration and canceled my visa. The immigration went looking for me but lucky they called me and told me to get a new visa before they went looking. Sorry he no there...

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Neo ************

Peerke Poep Immigration took it and made a stamp....

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Neo ************

she never had my passport at any point

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Robert *******

She did it twice? Meaning she cancelled your visa, which as told can not be cancelled, you got a new Visa, came back into Thailand and handed over your passport again to your ex wife to let her go to Immigration to cancel your visa for the second time. Live is amazing.

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Neo ************

Yes I can show you the stamp i got in my passport she did it twice i was not there any of the time. Second time the immigration gave me 7 days since i have a child otherwise they said get out now.

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Tod *********

One more thing, IF you had been on a VISA from a thai consulate, rather than an extension of stay from the immigration office even getting a divorce wouldn't have canceled it.

You would have been able to stay 90 days at a time on a year-long, multi-entry Non-O visa based on marriage until it expired because visas can't be canceled.

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Tod *********

, I do not believe someone can go into the immigration office without you or your passport and cancel your extension of stay. I'm not saying they can't but I am saying I don't believe it's something that can be done.

Then again seeing as divorces rarely happen on the spur of the moment you should have known that the day you sign the divorce papers at the Amphur would have been the day you needed to go to the immigration office, cancel your current extension of stay, then either apply for a new extension based on some other reason OR apply for a 7 day extension denied stamp to get out of the country and get a new visa.

Once again, it has NOTHING to do with the O/P's question, but thanx for sharing the story. .

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Neo ************

@Anne ************

Not when the ex did it twice to me you learn the hard way.

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Anne *********

What an imagination! 😮

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Neo ************

Well she could have some relative that is angry and want to get her out, right?

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Tod *********

which while anecdotally interesting isn't really on topic of the O/P's question ;)

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Tod *********

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Neo ************

It is void but if nobody really report it nobody really care but you need to change to a dependent visa for Children almost just the same documents.

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Iker *******

by rule the visa is void because you are not married anymore but they do not implement the rule so she is fine till the end of the visa ...next year she needs to apply a visa as a guardian of the children ...not as a spouse

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Iker *******

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