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Answered7 years ago

What should someone do if their spouse dies while on a marriage-based extension of stay in Thailand?

Justin **********
asked Aug 16, 2019
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Hi guys, I have a friend whose wife is very sick. I'd like to ask the following: 1) What is the procedure for someone on an extension of stay based on marriage, and their Thai wife dies? 2) I presume he will need to report this to immigration, at some point. When will he have to do this? 3) Will his extension of stay based on marriage become invalid, and when would it become invalid? 4) The person is over 50 so could be eligible for a retirement visa, but might not have the extra funds deposited in the bank for the required 3 months. Would there be any lee way with this? 5) If he was to change from a extension based on marriage to a "retirement visa/extension" would he need to leave the country? Thanks :)
Answer summary
When a foreigner on a marriage-based extension of stay in Thailand experiences the death of their Thai spouse, they should follow specific procedures regarding their visa status. Initially, although the reason for holding the visa has changed, the current extension remains valid until its expiration. The individual must notify immigration of the spouse's death, ideally within a reasonable time frame (1-2 weeks), bringing necessary documents such as the passport and the death certificate. If they wish to transition to a retirement visa, they may need to provide evidence of sufficient funds, generally needing an 800,000 baht balance, which should be maintained for 2 months before applying. Lastly, if currently on a multi-entry Non-O visa based on marriage, they can continue to use the visa until it expires, regardless of the spouse's passing.
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Tod *********
Tod *********
I want to apologize for the bad information I agreed to and re-enforced :O I stand humbly corrected on the matter.

The terms and conditions document you sign when you get your yearly extension clearly spells out that in the case of the death of the thai national that you base your extension on, your current extension would NOT cancel up their death.

I apologize to one and all and especially
@Rob***
for not reading his post AND the accompanying documentation he provided.

I deleted my reply and dominics post as well, sorry.
Justin **********
Justin **********
OP
@Tod ********
No problem. Thanks for the other solution though. That could be an option if his extension of stay expires relatively soon. :)
Robert *******
Robert *******
No problem
@T**
, all accepted and up to my next mistake
Justin **********
Justin **********
OP
@Robert ******
Thanks Robert, though I'm now a little confused. So basically Tod's option will give him a year from when he changes to a non-O multi entry in Laos, whilst Robert's option will allow him to stay until his current extension of stay expires......So if we go with Robert's option.......A) His extension of stay WILL NOT be terminated immediately if his wife dies.......B) He needs to inform immigration as soon as possible, but his current extension of stay will remain valid until it expires....Is this correct?......Which brings up the following questions......1) What documents will he need to bring to immigration? 2) Obviously he will need to go to immigration and inform them as soon as possible. Would 1-2 weeks suffice, or are we talking more like 1-2 days?
Robert *******
Robert *******
@Justin *********
I hope so, i did my best
Justin **********
Justin **********
OP
@Robert ******
Ok, thanks Robert. Just to make sure though, everything else in the post you just replied to is correct, I presume? :)
Robert *******
Robert *******
you have to inform directly when the reason change and with this we come to a human aspect. Will the immigration officer accept that you came 1 or 2 days after or 2 weeks after the passing away. Grief is understandable, but what is a reasonable amount of time to postpone everything based on that? I guess the passport and the death certificate will be enough information.
Tod *********
Tod *********
@Justin *********
1- yep a VISA can't be canceled because the reason you used to get it changes

2- he won't be getting a multi-entry Non-O route from immigrations if his wife dies :O

He will be canceling his extension based on marriage and immediately applying for a NEW yearly extension based on retirement..

3 - ALL extensions of stays based on retirement using banked money since March 1st now require seasoning of the 800K baht in a thai bank account in your name only for 2 months BEFORE you apply for the extension,
Robert *******
Robert *******
it is clearly written on the document every body signs before you get your Extenion of Stay stamped in your passport. You have to inform Immigration about the death of your wife/husband and as stated in point 2 your Extension of Stay should stay valid till the last date mentioned in your passport to give you time to make all the arrangements and prepare for a new visa. This is the document:
Justin **********
Justin **********
OP
Thanks guys, and thanks Tod for that solution. 1) So just to clarify even if his wife dies (after he gets the multi-entry visa from Savannakhet) he can still hop over the border every 3 months?.......2) If he doesn't go down the Multi-Entry Non O route, what documents will he need to present to immigration to cancel the extension of stay. Just his passport, or the death certificate too? 3) Good question Sean, do you require the 800k to be deposited for 2 or 3 months before applying for extension of stay based on retirement?
Sean *************
Sean *************
Isn’t it only money in the bank for 60 days the first time?
Justin **********
Justin **********
OP
Thanks
@Dominic ****
:) I'll let him know :)
Dominic *****
Dominic *****
Yes, 2 months before, 3 months after (and no less than 400k until the next extension). Tod's suggestion about getting a new Non-O visa gets the longest temporary solution, but it will depend on him willing to leave her side for 2 days.
Forbes *******
Forbes *******
Really good information on this topic!
Tod *********
Tod *********
Here is a solution;

Take the marriage certificates, copies of the thai wife's i/d, and house book listing to the thai consulate in Savannakhet and buy a year-long, multi-entry Non-O visa based on marriage (obviously while the wife is still alive)

This visa will allow 90 day entry stamps for the validity of the visa and even if the reason he got the visa (being married to a thai) changes (because she died) the VISA can't be canceled and he'd get to use it until it expired (a year from the date he got it).
Justin **********
Justin **********
OP
PS The person involved doesn't have any children or dependents under 18 etc :)

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