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Will my Non O visa be canceled after divorcing my Thai spouse if I have a child together?

Non O visaVisa cancellationDivorce in ThailandCustody issuesThai child visaExpat immigrationThai marriage and divorceVisa extension rules
Jul 12, 2020
5 years ago
Jimmy **********
ORIGINAL POSTER
Hi all, I have a Non "O" visa multiple entry. I obtained this being married to a thai national.

We both have a 2 year old child together (my name on birth certificate).

I wish to divorce my thai wife now here is the question.

I know that if there was no child involved my Non O visa would be cancelled the minute I sign the divorce papers.

However we do have a child and I can obtain a Non O visa as a parent of a thai child, so would my my visa be cancelled or just continue as normal?

Thanks in advance.
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TLDR : Answer Summary
The user is looking to understand the implications for their Non O visa after they divorce their Thai spouse. They are concerned whether their visa will be canceled due to their divorce, despite having a child together, and seek clarification on how to maintain their visa status as a parent of a Thai child. Several responses clarify that while the marriage visa may be canceled upon divorce, the user can still apply for a Non O visa as a parent. However, custody issues could complicate this process, as one user advises confirming custody arrangements post-divorce.
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Paul ********
You can get a child support visa until your children are up to 21

Just be careful when you get a divorce you need to check who has full custody of the children if it’s in your ex wife name you can’t get this visa

This is what happened to me last month
5 years ago
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Jimmy **********
ORIGINAL POSTER
@Paul *******
 the child has my family name as we are married
5 years ago
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Paul ********
@Jimmy *********
 so do mine
5 years ago
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Jimmy **********
ORIGINAL POSTER
My daughters actually back in uk alone with me right now
5 years ago
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Jimmy **********
ORIGINAL POSTER
@Paul *******
 why wouldn't it be joint custody?
5 years ago
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Steve *******
@Jimmy *********
 The mother has full custody of a child if the parents arent married or are divorced. The father needs to apply through the courts for custody
5 years ago
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Jimmy **********
ORIGINAL POSTER
@Steve ******
 would you mind at all if I was to contact you privately?
5 years ago
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Steve *******
@Jimmy *********
 You need to go through the Civil courts to obtain legal custody. As
@Pa**
 stated you cant get the yearly extention of stay without it. I believe Vientiane and Savannakhet issue single entry Non Imm O visas with just your name on the birth certificate and Penang issue a multi entry with a birth certificate and 400,000bt in a Thai bank.
5 years ago
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Jimmy **********
ORIGINAL POSTER
@Steve ******
 i don't need an extension I've never spoke about the extension hopefully this changes things? I'm happy with a 90 day non o visa from savannakhet then 60 day visit family visa from local immigration office then do same all over again. Although we are getting divorced we have agreed what's best for the little one after all she is our priority 🙂
5 years ago
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Steve *******
@Ji***
 Hang on! You've already asked me all this the other day.
5 years ago
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Jimmy **********
ORIGINAL POSTER
@Steve ******
 I'm getting mixed opinions and trying to weigh it all up mate. Obviously this is extremely important to me and I understand that no one here are law experts in Thailand, in saying that I know i will have to get some expert advice. But nevertheless I appreciate any information I can obtain on here. 👍👍
5 years ago
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Jimmy **********
ORIGINAL POSTER
@Steve ******
 ok thanks 👍
5 years ago
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Steve *******
@Jimmy *********
 You can do that if things havent changed in Savannakhet. I know they stopped doing them in the UK without legal custody.
5 years ago
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Jimmy **********
ORIGINAL POSTER
@Steve ******
 so what's the process to get shared rights? Will have to get a solicitor? Any idea of cost? Does it make any difference that the child has duel citizenship with British passport also?
5 years ago
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Jimmy **********
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Stig **************
Im not married, but have two kid's in Thailand, that's enough to get a NON O, and my son is 7 year's old.. so if u have all Thai paper's with u standing as father from they born, u have no problems at all to stay or get renewed u NON O VISA..
5 years ago
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Steve *******
Your visa isnt cancelled the minute you're divorced, you can use it until it expires. However, an extention of stay is cancelled when the reason for that extention being issued no longer exists.
5 years ago
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Paul ********
5 years ago
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Jimmy **********
ORIGINAL POSTER
@Paul *******
 well thats why I have asked as that's what you do on this page in the hope someone else may have experienced the same.
5 years ago
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Paul ********
@Jimmy *********
 Key Visa??? Tell them the Truth, Not bar BOLLOCKS!!Chok Dee Stay Safe
5 years ago
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Jimmy **********
ORIGINAL POSTER
@Paul *******
 what you mean tell the truth????
5 years ago
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Paul ********
@Jimmy *********
 My girl is a good
*****
55 TRUTH once a pon time my wife was slim sexy young girl???
*****
Key Visa if you love the Kids
5 years ago
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Jimmy **********
ORIGINAL POSTER
@Paul *******
 what the hell are you talking about
5 years ago
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Jimmy **********
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Dale *******
My understanding is, as soon as your divorce is signed, your marriage visa is cancelled but you can apply for a visa as a parent of a dependant Thai child.
5 years ago
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Jimmy **********
ORIGINAL POSTER
@Steve ******
 so whats your thoughts on whether or not the visa (i obtained through marriage) would still be valid (after i divorce) as its a non o visa (exact same) that I'd have to get as a parent of a thai child
5 years ago
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Steve *******
@Jimmy *********
 The visa is valid until the expiry date. You can apply for an extention of stay based on being the parent of a Thai child but you'll need to obtain legal parental rights from the courts after you divorce.
5 years ago
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Jimmy **********
ORIGINAL POSTER
@Steve ******
 I was led to believe that being named as the father on the birth certificate gave me rights
5 years ago
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Steve *******
@Jimmy *********
 No
5 years ago
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Jimmy **********
ORIGINAL POSTER
Granted the post was 2 years ago.
5 years ago
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Jimmy **********
ORIGINAL POSTER
@Steve ******
5 years ago
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Steve *******
@Jimmy *********
 That's for a new visa. If you want an extention of stay, based on being the father of a Thai child, when your current visa expires you'll need to get parental rights from the courts.
5 years ago
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Jimmy **********
ORIGINAL POSTER
@Steve ******
 I don't need an extension mate I'm quite happy to have a trip to Cambodia or Vietnam every 90 days
5 years ago
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Steve *******
@Jimmy *********
 Then you can get a new visa. You'll only get the multi entry in Penang with the financial requirements
5 years ago
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Jimmy **********
ORIGINAL POSTER
@Steve ******
 what about savannakhet? Thanks for your reply by the way 👍
5 years ago
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Steve *******
@Jimmy *********
 Only a single entry in Savannakhet
5 years ago
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Jimmy **********
ORIGINAL POSTER
@Steve ******
 ok thanks. So just to clarify. My current visa which is valid to march next year would or would not expire when divorce papers are signed? In your opinion.
5 years ago
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Steve *******
@Jimmy *********
 The visa remains valid until it expires, only extentions of stay are cancelled.
5 years ago
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Jimmy **********
ORIGINAL POSTER
@Steve ******
 but what if the parenting is shared? We are both still on talking terms and understand we have a child to raise
5 years ago
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Steve *******
@Jimmy *********
 Then you need to go to the courts to obtain parental rights. After you divorce the childs mother will have full parental rights of the child.
5 years ago
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Steve *******
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Steven ***************
It's not the same.. spouse visa and extensions clearly have "Thai Wife" printed on them in your passport when given.

Also have different application requirements.
5 years ago
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Steve *******
@Steven **************
 Only the extention of stay has 'thai wife' printed on it. The non imm O visas are the same but issued for different reasons
5 years ago
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Steve *******
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Will ************
Looks like it's same visa... Non immigrant O. Just supply copy of child s birth certificate instead of marriage certificate
5 years ago
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Jimmy **********
ORIGINAL POSTER
@Dale ******
 it's the exact same visa I believe. Don't think it states on it the words "marriage". I would need to check
5 years ago
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Dale *******
@Jimmy *********
 you maybe correct. I know my non O says retirement
5 years ago
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Steve *******
@Dale ******
 Your extention of stay says 'retirement'. The visa doesnt state the reason for issue apart from non-immigrant.
5 years ago
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Dale *******
@Steve ******
 correct.
5 years ago
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Dale *******
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