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If my wife passes away, am I still entitled to an extension of stay based on our marriage in Thailand?

Aug 8, 2017
9 years ago
Lance *********
ORIGINAL POSTER
I have a question that nobody seems able to answer: If your wife passes away are you still entitled to receive a extension of stay based on marriage ?
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TLDR : Answer Summary
When a foreigner in Thailand loses their spouse, they typically cannot continue to extend their stay based on their previous marriage. Although some consulates may allow exceptions, generally, the immigration regulations state that the marriage visa (typically a Non-O) becomes void upon the spouse's death. Many commenters noted varying practices across immigration offices, with some allowing a remaining extension while others do not. Without the marriage basis, options include tourist visas or extending based on other factors, such as age or having children in Thailand. Discussions also highlighted the importance of exploring retirement visa options if financial requirements are met.
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.
Murad ********
You also can get retirement visa. It's much easier.
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Edward ******
Yes if you have kids. Or get 2nd one
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Terary **********
DUDE -- I was wondering the same thing.. I have read this that and the next thing. Always it mentions a marriage certificate. So if she has passed - you still have a marriage certificate.. Right?
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Iker *******
NO by law you must go back within a week but in reality the immigration do not enforce this law ..they let your visa expired and do not bother you but you can not renew it ...you must have kids if you need another visa or older than 50 and get a retirement visa. I know because one time I have asked.
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Michael **********
I'm not an attorney and I hate to say this. Once your wife passes away you are no longer married. You are considered single. But I hope for your sake you can find out a good answer
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Graham *********
I will get deducted state pension. as I was contracted out...it started out at £198 a week...they deducted £78 a week...so I get £120 a week...+ company pensions..
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Tod *********
Honestly the only thing you could do to prolong your stay would be to get a year-long, multi-entry Non-O visa (where you leave the country every 90 days) based on marriage, AND if your wife died during the validity of the visa you could still use it until the "enter before" date because you're not on an extension and a visa can't be canceled.
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Joseph ********
No once visa runs it term you need to change to another type similar if you divorce same thing
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Tod *********
yep, those marriage extensions do get canceled when you're divorced. :/
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Tod *********
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Jahan *********
No, you aren't.
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Ron *******
You can but Ken asked about specifically getting a multiple Non O on being over 65 years old.
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Paul *******
You have family here who are Thai nationals.. and they are also blood relatives to you.... so i cant see why you couldnt have a non 'O' visa..( visiting family)
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Naomi **************
I didn't want to do marriage visa this year. I did supporting my kids.
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Tod *********
@Na***
, if you're married to a thai guy, you could have gotten a 90 day Non-O and then a yearly extension of stay based on marriage without leaving the country at the immigration office. Plus you wouldn't have had to show 400K baht in a bank account because only foreign guys married to tahi women need to do that.
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Naomi **************
400 k Thai bank if kids in school yes. His tabian ban and I'd signed.
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Ted *******
@Naomi *************
thanks, was the 400k in a Thai bank? Were the school papers asked for? What is a guarantee from their dad?
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Naomi **************
Kids birth certificates (born Australia dad Thai to one of the 2) school papers (they go to Thai school) 400 thousand Thai baht in bank. Guarantee from there dad. My sons father is passed away so my daughters father has taken him as his. He gets his Thai is next week
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Ted *******
@Naomi *************
1 year Type-O Multi Entry based on ? what did you have to show?
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Naomi **************
@Tod ********
I just got 1 year o from Penang without the 3 month.
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Ted *******
Thanks again
@Tod ********
. I will report back if and when I do it :)
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Tod *********
You might be able to get a year-long multi-entry Non-O based on marriage in Penang but you'd have to show the 400K baht banked (no seasoning) to get it.
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Tod *********
@T**
, you can also get the year-long multi-entry Non-O based on marriage at the thai consulate in Ho Chi Minh City Vietnam without financials too.
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Ted *******
@Tod ********
Thanks, that is the info I needed. Hmm single entry is not so useful
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Ted *******
Tod Daniels Thanks, I am aware of the SVK option (we spoke of it previously) it is just absolutely miles away (and awful) by road and flights are lot more expensive than Penang. I am really keen on avoiding Laos  . With Penang I could possibly take the family as a holiday.
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Tod *********
@Ted ******
, I just found out in Penang you can get a 90 day single entry Non-O based on having kids (whether you're married or not when they were born isn't a problem) by showing 400K baht in a bank account (thai or overseas) and it doesn't need to be seasoned.

After that 90day Non-O runs out you can go back again to Penang and they'll issue you a year-long, multi-entry Non-O with the same documentation. I guess you need to get a 90 day Non-O from them first before they'll issue the year one.
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Tod *********
If you're married to a thai, just go to the thai consulate in Savannakhet lao and get a year-long, multi-entry Non-O visa for 5000baht without showing any financial requirements. On that visa you'll hafta exit/re-enter the country every 90 days but you're good for 15 months (actually 17 if you get the 60 day extension on the last 90 day entry you can get)
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Ted *******
@Tod ********
I can do kids or marriage or both :)
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Tod *********
@T**
, what's the reason you're applying for a Non-O?
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Ted *******
How sure are you on this
@Tod ********
, do you know if anyone has managed it recently? Does the money have to be seasoned? Still debating the extension or going getting a O-ME from somewhere plus I kind of fancy a holiday anyway :)
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Tod *********
Most consulates won't issue it unless you're married to a thai. I have only seen people get 90day single entry Non-O's based on having children here. Although Penang will issue year-long multi-entry Non-O's based on having kids here by showing financials (the amount I'm not sure about I think 100K baht)
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Tod *********
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Ken *******
Always in the back of my mind....could you get a multi non o (out of the country) based on being over 65 years old with just state pension confirmation Tod
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Steve *******
Tod. The UK used to issue the multi non-imm O for over 50's up untill about 3 years ago with no proof of finances, you just signed a waiver. The OA was over 65 and still is unless you have the financials. Without finances its something to do with the state pension age. I know a guy who only pulls 30k baht a month from his state pension in England but still got the OA.
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Ron *******
I've another 8 years to go yet until I get mine at 66.

Luckily I had company pensions that allowed me to retire early.

To be honest, I think the only benefit I will see out of it and that's that it will pay some of the income Tax on my company pensions.
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Ken *******
Glad I just crept in at 65...but don't get any of the yearly increases now and with the £ @ 43 baht I get 25,000 baht per month state pension.
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Ron *******
The rule will be pretty much obsolete anyway very soon. The vast majority who haven't yet started to draw a government pension are now in the bracket of needing to wait until they are 66 and 67 after the age increases of when you can actually officially retire on a state pension. Now they want to shift it again to being 70 years old for those people outside these brackets.
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Ken *******
So better if I pop my clogs before my wife then.. :-)
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Tod *********
@R**
, okay a wacky thai consulate rule that's only implemented in the UK is that better? :O ;)
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Ron *******
Tod that's why I said he can only get it in the UK. Apparently they are very easy to get there. It's not a wacky UK rule, it's a Thai Embassy rule!
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Tod *********
@R**
, &
@K**
, only the UK has that wacky 65 y/o rule.

But the thai consulates around here won't issue a year-long multi-entry Non-O based on being over 50 (retirement), they only issue 90 day single entry ones.
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Ron *******
No. You can only get it in London if your a UK passport holder.

The 65 year old rule with OAP only applies for getting a multiple entry non-o in the UK.
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Ken *******
But can you get at Thai Embassy... in say Laos?
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Ron *******
You can get it in the UK from the Thai Embassy.
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Ron *******
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Lance *********
ORIGINAL POSTER
thanks for the advice Tod...
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Tod *********
@La***
, to answer your question, that over 50 being taken care of by children who are over 20 extension came about 3 years ago when they re-vamped the immigration extension rules.

Personally I have never seen someone get it, although in reading it the requirements seem straight forward.

When it first came out, I showed the thai version to the immigration officer and pointed out that it did not specify any financial requirements at all. BUT she said it's 800K baht.

I don't know honestly, but it sure ain't written where it says you need to bank any money to get the extension to be under the care of your adult children.
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Tod *********
Okay, I deleted comments that were going off track and sent P/M's to people to "remind" them this isn't a group for slagging people off or making snide remarks.

Comment and contribute or feel free to leave. There are plenty of groups out there you can run amuck on, this isn't one of them :/
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Robert ********
So sad we seem to have some grown-up children within this group....
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Robert ********
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Lance *********
ORIGINAL POSTER
Seem to have created a shit storm - shame we cannot have a grown up conversation !
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Paul **********
Your so right Lance
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Paul **********
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Lance *********
ORIGINAL POSTER
As is normal with these things it's all 'as clear as mud'
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Lance *********
ORIGINAL POSTER
sell it to your kids
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Si ********
that's if you're lucky enough to have kids
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Si ********
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Si ********
and any land that you acquired during the marriage must be sold off within 1 year to a Thai national.
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Lance *********
ORIGINAL POSTER
my original question is purely hypothetical
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Ron *******
I feel your pain but after living here for 29 years and raising a family you must of been getting an income? If that income was legally earned in Thailand you could of and still can apply for PR if your still working.
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Lance *********
ORIGINAL POSTER
@Tod ********
thanks mate
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Tod *********
@La***
, now you're worrying over something that may or may NOT happen concerning an increase in the financial requirements.

Plus the last time they raised the amounts they grandfathered in everyone who was on extensions of stays under the old limits as long as they didn't break the chain of extensions.
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Ron *******
Plenty of agents can sort the problem for you at between
*****
to
*****
bht a year. Depending on who you use.
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Lance *********
ORIGINAL POSTER
I am retired and am concerned that the
*****
0 a year rule will begin to clime
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Lance *********
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Lance *********
ORIGINAL POSTER
so after 29 years in the country having been married for most of it, fathered children who are now over 20 years old who have children of their own - on the unfortunate event of your wife dying you must revert back to being a tourist - this must be the worst deal of any so called civilized country !
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Amornrat **********
it is from the police order 327 which is the valid regulation
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Lance *********
ORIGINAL POSTER
@Amornrat *********
thank you for the comprehensive input
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Amornrat **********
2.18 In the case of being a family member of a Thai national (applicable only to parents, spouse, children, adopted children, or spouse’s children):

(1) The alien must have been granted a non­immigrant visa (NON­IM). (2) The alien must have proof of relationship. (3) In the case of spouse, the relationship must be de jure and de facto: or (4) In the case of children, adopted children, or spouse's children, said children, adopted children, or spouse's children must not be married, must live with the alien as part of the

family, and must not be over 20 years of age except in case of the person hereof is of illness or disability and cannot live without support of father or mother: or (5) In the case of parents, the father or mother must maintain an average annual income of no less than Baht 40,000 per month throughout the year or must have deposited funds of no less than Baht 400,000 to cover expenses for one year. In case the father of mother requests to be under maintenance of children, the age of father or mother must be 50 years of age or over. For other necessary cases, the Commissioner or Deputy Commissioner of Immigration Bureau is granted the authority to make decisions regarding approval on a case­by­case basis. (6) In the case of marriage to a Thai woman, the alien husband must earn an average annual income of no less than Baht 40,000 per month or must have no less than Baht 400,000 in a bank account in Thailand for the past two months to cover expenses for one year.
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Amornrat **********
2.18
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Lance *********
ORIGINAL POSTER
@Tod ********
do you know what is the official name for this extension and does the son/daughter have to prove a certain amount of income.
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Tod *********
there is an over 50, being looked after by their children (who are over 20) extension available to you too
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Tod *********
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Tod *********
as harsh as it sounds, that's pretty much the case. If you can't meet the requirements for another type of extension of stay, you're options are to leave and get a tourist visa or a 30 day visa exempt. If you have children you can get a 60 day visit thai family extension.
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Wim **************
Yes but you can do a border run or go to a Thai embassy and apply for a Touristvisa.
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Tod *********
some offices allow you to keep what ever remains on your yearly extension when your wife dies, but some cancel it when she dies.
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Troy *********
so don't go in there lol
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Tod *********
@Troy ********
most people go into the immigration office to check on what to do
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Troy *********
how would they know?
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Troy *********
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Lance *********
ORIGINAL POSTER
so if you do not have the required cash for a retirement visa your just thrown out on your ass !
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Tod *********
nope
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Tod *********
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