What are the visa options for expats looking to marry and apply for retirement and spouse visas in Thailand?

Jun 6, 2024
5 months ago
Jenny ******
ORIGINAL POSTER
Hello, apologies for such a long story but I was told I would get best advice from here.

My partner and I are having a nightmare with visas. To cut a long story short, we moved here in April with the intention of getting a retirement visa for myself but my partner , Sean (we’re not married, both from UK) aiming to get a business visa and work permit via our company. Without going through details, this is now not an option for him. We are both on a 30 day extension. After some problems with our agent, I was late in applying for my 90 day non O (i have all relevant documents and money) and consequently we have to do a visa run next week. We have been told, aside from Sean getting employment with a company, his best visa options are either ED visa or a spouse visa (?) where Sean can tag onto my retirement visa. Obviously we have to get married for this (another hurdle, but is doable).

My questions are a) how long will it take to get married in thailand - will we have enough time for the applications for 90 day non O and his spouse visa? b) do we apply for both at the same time? C)if he opts for the ED visa, does he have to stay on that visa for the full year if he is lucky enough to obtain a job with a company in the year? And D) are there any other visa options (he is 54, no pension) Thanks in advance for any advice.
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TLDR : Answer Summary
The post discusses the visa challenges faced by a UK couple living in Thailand, where one partner is applying for a retirement visa (Non-O) and the other is considering a business visa but needs alternative options due to complications. The key questions involve the timeline for marriage in Thailand, the possibility of applying for visas concurrently, requirements for the ED visa, and other potential visa routes. Community responses provide insights about the challenges of obtaining a trailing spouse visa, the necessity of getting married, and alternatives such as obtaining separate Non-O visas.
NON-O RETIREMENT VISA RESOURCES / SERVICES
  • Go to the Retirement Visa Section for information on requirements, including age restrictions, financial requirements, and necessary documentation.
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  • Explore recent discussions by using the Non-O Retirement Visa tag in the search box at the top of the page.
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Tohksic ******
TPC/Elite. 5-20 yrs
Brad *******
You can get married online through the US state of Utah. Numerous companies handle it for you. Takes a minute to set up with the Utah marriage license, and can be scheduled a day or two in advance. I just did it last week. It's 100% legal worldwide. Much easier than using local Thailand.
Jenny ******
ORIGINAL POSTER
@Brad ******
do you have a link to the site? Does it matter that we’re both from UK?
Brad *******
@Jenny *****
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Brad *******
@Jenny *****
I used virtual marriage.com ...there are many other companies handling Utah online weddings...anyone from anywhere in the world can do it legally as far as I know ...
Nongnuch ********
@Jenny *****
an Utah or any foreign marriage will not be recognized by Thai Immigration unless notarized by your embassy in Bangkok and co-notarized by the Thai MfA
Jenny ******
ORIGINAL POSTER
@Brad ******
interesting thank you
David ***********
I met you both yesterday. I really hope you manage to sort it out. Maybe check with another visa agent
Jenny ******
ORIGINAL POSTER
@David **********
thanks, it was lovely to meet you yesterday. We have booked an appointment with another agent on Monday. Just looking for any help at all! X
Ian ********
Why not just both of you get non O visas, it's the easiest option as long as you have enough funds.
Laetitia ******
Pm sent
Andy **********
As both from UK, you will both have to attend the embassy, both have to attest you are free to marry, both pay the fees, both have to get documents translated. The MFA will no longer do same day approvals, will require 3 working days. The UK embassy will only offer attestation slots on Tuesdays and Thursdays.
Graham ******
********************************************************
Brandon ************
A) You cannot get a trailing spouse non-O visa inside of Thailand. You cannot get this visa at any Thai embassy or consulate in SE Asia. Most embassies in the world have stopped selling this visa altogether. The ONLY chance you have is returning to your home country if they will offer to sell this visa to him if you get married. You need to check with the Thai embassy in your home country and ask them if they sell a trailing spouse non-O visa based on being married to someone with a non-O retirement visa. It's most likely you cannot get this.

B ) You must have on the non-O visa or extension before your spouse can apply for theirs.

C) There's no requirement to stay on a non-ED visa any amount of time. But a non-ED visa inside of a passport is a red flag to immigration. This visa was so widely abused that anyone with one in their passport receives extra scrutiny any time they try to enter Thailand or apply for any visa or extension. Even years after the visa they still receive this extra scrutiny. Recent stories include someone who left Thailand with an ED and re-entry permit, and was denied entry even after the immigration officer called and talked to the administrator of the school.

D) He gets his own non-O visa with 800,000 baht in a Thai bank account in his name only.
Tim *******
@Brandon ***********
you can only get a dependant visa (a non-o) on the back of a Non OA. thats what my SEA TRE and thai local immigration told me.
Brandon ************
@Tim ******
yes that's true if you're in Thailand already. But even then not every immigration office will do it.

But the embassies have different rules.
Jenny ******
ORIGINAL POSTER
@Brandon ***********
if he gets a retirement visa, then is lucky enough to get a job, can he change visas if he goes back to uk and re-enters to start again - I’m assuming this will also look ‘dodgy’ to immigration?
Brandon ************
@Jenny *****
Most likely would have to leave Thailand to clear the visa status and then either apply for the non-B visa in a Thai consulate in a neighboring country (Many jobs send people to do this already) or return as a tourist and apply for non-B visa conversion (requires a LOT of paperwork, which is why companies usually send people out to an embassy)
Jenny ******
ORIGINAL POSTER
@Brandon ***********
thanks. Best try find a job then? 🙏🙁
Nongnuch ********
@Jenny *****
you can't work on a retirement visa or on a retirement extension of stay. You cannot change the reason of a visa. You can only change the reason of an extension
Jenny ******
ORIGINAL POSTER
@Brandon ***********
not what I wanted to hear but good to know. Thank you
Brandon ************
@Jenny *****
Better to know now than jump through a bunch of hoops only to find out it was for naught. Keep an eye on the news for the new DTV. IF it happens (no one knows if it will or when) it may offer an additional option.
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