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Answered9 years ago

What happens to a Thai marriage visa if my spouse passes away?

Terry ********
asked Feb 17, 2018
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Been living in Thailand a few years now with a non B and workpermit. Will look to retire in a few years and as I am married to a Thai and we have two grown up children i will have 2 options either retirement or marriage visa. I know all the procedures for these but my question is this..... If i opt for a marriage visa and 400k in the bank what would happen ( god fobid ) if my wife died is there a widowers visa? or some period of time allowed to sort out matters or would i have to immediately go out of the country in my distressed state and get a new visa for retirement then have to find another 400k or equivalent in income to secure a new visa? Just a thought?
Answer summary
The discussion centers around the implications of a Thai marriage visa in the event of a spouse’s death, especially regarding the need to notify immigration and potential for a change of visa type to a retirement visa. Several participants share insights on existing immigration procedures, emphasizing that upon notification of a spouse's death, the current marriage-based visa may be canceled and the individual must meet the requirements for a different visa. Concerns about financial obligations and property rights are also raised, along with the suggestion that applicants may have some time before needing to leave the country.
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Curt **********
Curt **********
A retirement visa is a lot less complicated than a visa based on marriage to a Thai. If you have a US passport it's even easier, just get a income affidavit notarized and you don't need to season 400k for months in a Thai account at 0,01% interest.
Tod *********
Tod *********
@Jona****
, if it's issued by your consulate and has some sort of stamp, or embossed seal it counts. Nothing else works, not pension letters, tax receipts nothing, just that letter from your consulate.
Jonathan *************
Jonathan *************
@Tod ********
thanks. I knew, i've done it. The term "notarized" is ambiguous, and i was trying to clarify that for others. The letter coming by mail only from the UK embassy/ consulate in BKK upon receipt there of the appropriate evidence (by mail or scanned--a recent change since last year) has a red embossed stamp from them. It isn't perhaps clear that this "counts" as "notarized".
Tod *********
Tod *********
@Jona****
, The only document that the immigration office accepts if you're using income from abroad is a notarized affidavit of income from abroad by your consulate.

If you're a brit it's done all by mail or email. You use this link

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Jonathan *************
Jonathan *************
@Curt *********
ty--i'm a Brit, using the income route, i was just curious about the "notarized" bit.
Curt **********
Curt **********
I haven't done one at Chang Wattena for years but at Ubon it's just the income affidavit notarized by the U.S. embassy or consulate in Chiang Rai, 2x each of copies of all pages of my passport, yellow and blue tambien baan books, departure card, my wife's ID (because our house is in her name) and 5000฿ for a one year multiple entry retirement visa.

I'm in and out in 20 minutes, once a year.
Jonathan *************
Jonathan *************
notarized? Ministry of Foreign Affairs after translation?
Alan *****
Alan *****
how to go about it?
Roland ********
Roland ********
Get a residence permit.
Roland ********
Roland ********
@Terry *******
your friend is wrong. Unless the UK law is much different from other European countries.
Terry ********
Terry ********
OP
I could apply for residency but I will have a full UK government pension I am entitled to when I am 67. A few years back a friend of my wife who works in immigration told me if I apply for residency I would lose the right to my UK pension, therefore I don't want to take this risk. A retirement visa will be fine. I also was under the impression that residency applications are quite costly around 100k baht I understand?
Roland ********
Roland ********
Teras A. Reda it's not too difficult if you have the basics. Minimum number of years in Thailand. No criminal record. Paid your taxes, etc. You can search on Google. Advantage if you're from a small country as they have a quota by country. Oh, and you need to be able to speak Thai.
Teras **********
Teras **********
How and is that how u doing yours?
Terry ********
Terry ********
OP
Thanks for all the input. FYI i don't have a problem with the finances it's just i don't like having to tie up my money for the sake of immigration if i don't need to and secondly it was the timing of the change of extension of stay I was more interested in as if a partner dies the last thing you want to think about is running to immigration the next day! I feel there should be a period allowed for mourning before you need to advise immigration but then that is too much common sense for Thailand. lol
Ken *********
Ken *********
You do not need to tie up any money. You can satisfy income requirement via monthly income (pension, etc). If you're from USA, that means you sign an affidavit. They may ask to see some bank activity. Point is, you don't need to freeze funds. And even if you did, you can take it out for 9 months a year.
Johnsuma ******
Johnsuma ******
yeah humanity is not their cup of tea...
Johnsuma ******
Johnsuma ******
yes that is the easy way but the poster seems to have a trouble for add 400.000 baht to a bank account.

But he can request an extension, he must write to the commander of Police department and explain his situation (lawyer can do foer him, easier also)

Human being right can also help.

he has 2 kids.
Jonathan *************
Jonathan *************
@Parmentier *****
but competent enough to sue you for defamation? :)
Eddy *****
Eddy *****
Thanks for yr advice.
Johnsuma ******
Johnsuma ******
i think you will not get a correct answer here, better try differents lawyers. or maybe a foreigner lawyer at your embassy could help. In TH lawyers are not at the same "level" than in developped countries, most are even of low competance...
Eddy *****
Eddy *****
Thanks for all the advice with regards to wife die. My question is about the usufruct law that state it ends with the death of the original grantee, am I right to say getting an attorney to do all that for the property but in the end it's no use & not recognise. So what happen then to the property when it's in the wife name. How can a hubby claim for the property when the hubby is on a O retirement visa?

Original grantee is usually the wife??? Thanks
Johnsuma ******
Johnsuma ******
its more conplicated then retired. (also cheaper !!!)
Jonathan *************
Jonathan *************
@Tod ********
at the risk of being accused of levity or cynicism, one could get another wife
Tod *********
Tod *********
I have seen if a thai spouse dies the immigration office lets the husband stay on their existing extension until it expires BUT that's it. There's no special clause for widowers to stay. They'd need to get a new extension based on something else.
Tod *********
Tod *********
i don't see that they have ANY trouble about the financials they were asking if they'd have to meet the retirement financial requirements if they lost their extension based on marriage due to their spouse dying. The answer to that is yes.
Tod *********
Tod *********
The way the rules are written state that IF the reason for your extension changes <- which it would in a situation where you wife died and you were on an extension based on marriage. You must immediately notify the immigration office, they will cancel your current extension, and if you can meet the requirements for another type of extension you could apply for that right then OR they'd sell you an extension denied 7 days to get out of thailand stamp and you'd go get a new Non-Immigrant visa and come back to apply for a new extension.

That is how the law is written.. Now how it is enforced in situations like this at the immigration office could be a different thing.

I'd say IF you can get the retirement extension do it, it's not tied to being married, it doesn't go under consideration for 30 days, and there is no home visit by the immigration officers to your house to verify the marriage.
Johnsuma ******
Johnsuma ******
no problem, you can use nariage visa and in case wife die, it will not change but you must report the died within a week. You will have to give some doc. from the city you lives, they will explain you that. (uh if YOU kill your wife the scenario will be different.) lol
Johnsuma ******
Johnsuma ******
yes. (except if laws change(
Ron *******
Ron *******
You cannot stay indefinitely on that extension.
Johnsuma ******
Johnsuma ******
yes
Teras **********
Teras **********
U mean he can stay here without changing his visa?
Erik ***********
Erik ***********
Well you should have learned thai fluently in only 1-2 years on an academic lvl and then having a non immigrant visa a few years I guess you could apply for a Residence permit.
Jonathan *************
Jonathan *************
@Erik **********
like your English
Teras **********
Teras **********
Easy Man. You can read back ur bla bla and feel it how it taste pal
Erik ***********
Erik ***********
Who said it was the only criteria? And yes if anyone wants to learn then can learn fluently within 1 year and they will also pass the primary 6th grade language test after 1 year of language studies. But only if they are serious in learning.
Teras **********
Teras **********
That's not only the criteria and also not easy as you say it
Kurt ********
Kurt ********
If you are on an extension of stay based on marriage, then it is terminated the moment the wife dies. If you are on a Marriage visa then you are good until the visa expires.
Ron *******
Ron *******
People's biggest problem when there wife dies is property in the wife's name.

Then you have a real problem on your hands.
Eddy *****
Eddy *****
I mean getting an attorney to do all that in the end it's no use & not recognise.
Eddy *****
Eddy *****
The usufruct ends with the death of the original grantee, am I right to say it no use to do that? Original grantee is usually the wife??? Thanks
Ron *******
Ron *******
Interesting.

USUFRUCT

A usufruct gives the grantee the right to possess, manage and exploit a property. It can be either for the life of the grantee or a period of time up to 30 years with the possibility to renew it for up to another 30 years. The rights of a usufruct may be transferred. However, in any case a usufruct ends with death of the original grantee.

Read more at
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Andy ********
Andy ********
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Andy ********
Andy ********
Delete as necessary . From the Phuket news

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John *****
John *****
What is Usufruct?
William *******
William *******
It is a problem if one has not taken the proper steps in advance. Thailand commercial law recognizes a Usufruct for thirty years or ones lifetime to be attached to the title of the property deed. It's easy to do with an attorney and inexpensive. Of course it has to be done before the landowner,such as a spouse,dies.
Ron *******
Ron *******
You can't stay on a marriage extension indefinitely if your wife dies.
Hans ******
Hans ******
Yes, married visa, wife dies, you can stay
Richard *******
Richard *******
In the event, I suspect you could simply apply to change over to retirement visa and as long as you meet the requirements they would do that.
Ron *******
Ron *******
I've had a look and there doesn't seem anything that I can find that defined the process other than you must notify immigration within 7 days of your loss and then...

5. In the case where an alien applicant does not meet the full qualifications stipulated by the criteria herein or in other cases not specified in this Order but a competent officer equivalent to or higher than inspector is of the opinion that the alien has legitimate reason for staying in the Kingdom of Thailand, the application shall be forwarded to the Commander of the Royal Thai Police or an authorized competent officer for further consideration of the alien's application.
Ron *******
Ron *******
Every year.
Teras **********
Teras **********
Sorry to put my Q on your Q. This 400k are we gonna show one time or every year when we extend our visa?
Ron *******
Ron *******
Lots of people prefer the retirement route. Saves issues in cases of death and divorce. And a lot less paperwork.
Ron *******
Ron *******
I recall there was a recent case. I can't remember the full detail but I can't remember them making the guy change immediately.
Terry ********
Terry ********
OP
All said and done I will probably just get a retirement extension of stay in my name as it's less hassle than the marriage extension of stay.lol
Terry ********
Terry ********
OP
Yep, knowing Thai immigration I think your right
@Ron ******
Yes that was i wondering if you could carry on until the expiry of the extension of stay. I wouldn't want all the hassle of a visa change the day after a loved ones death!!
Ron *******
Ron *******
I'm pretty certain you can stay until the end of that particular extension of stay. Then you would need to change too a different permission to stay. There's no widower visa.
Kenny *******
Kenny *******
You have Two children.

Non O Visa

Child Support.?????
Damian ******
Damian ******
Just get retirment visa...there are many visa services that do it for you and they handle the funds situation...just tell them your story
Ken *********
Ken *********
You do not need 800k in the bank for a retirement visa. There are three methods to satisfy the income requirements. Some methods are ridiculously easy.
Alfonso ******
Alfonso ******
That 's sneaky runners a lot as they earn more immigration dept due language barrier
Robert ********
Robert ********
They charge ridiculous fees and success is never guaranteed.
Damian ******
Damian ******
"Handle the funds" is an ambiguous statement
Robert ********
Robert ********
We do not recommend use of those illegal agencies within this group.
Harry **************
Harry **************

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