90 day Non-o marriage reporting requirements

[Notsame]

Hi All

 

 A little bit of sensible info required here please in regards to 90 day reporting on a Non-O visa based on marriage please.

 

I am on my second yearly extension and 3 months in to it, my wife and I need a break from each other for a bit, to work out if we have a future or not. What I want to know is, are we breaking my visa conditions if she goes to live in her own space for 6 months or so ? Can I continue to just report my address as normal for the remainder of this extension ? Basically, does my wife have to be under the same roof as me for the visa still to be valid ? We still get on very well and have no real issues (still support each other), we just need to work some things out after 9 years of being married and need our own space for a while.

 

During the last extension process we went through all the normal confusion and had our immigration house visit with no real issues.

 

From what I have read elsewhere online, as long as we are still married I should be fine, I cant see anything about 'living at the same address'.

 

I may have further questions but this is priority for now. Please only comment if you can generally help here, thank you in advance.

[ubonjoe]

After the extension is issued it does not matter whether you are living together as husband and wife or not.

The 90 day reporting has nothing to do with your extension other than that it allows you to stay in the country more than 90 consecutive days which is what the report is for.

[Notsame]

Ok thats great news, so if by the time I went for my next 90-report after this one, could I also change my own address if I wanted to and still be legal on my extension, even if the wife was not living with me ?

[ubonjoe]

2 minutes ago, Notsame said:

Ok thats great news, so if by the time I went for my next 90-report after this one, could I also change my own address if I wanted to and still be legal on my extension, even if the wife was not living with me ?

No problem to change your address unless you had a problem proving your new address.

[Notsame]

Thank you Ubonjoe, much appreciated.

[elviajero]

11 hours ago, Notsame said:

What I want to know is, are we breaking my visa conditions if she goes to live in her own space for 6 months or so ?

Short answer is YES.

 

11 hours ago, Notsame said:

Can I continue to just report my address as normal for the remainder of this extension ?

You must report whatever address you're living at whether or not your wife is there. If you change address you need to report the change of address.

 

11 hours ago, Notsame said:

Basically, does my wife have to be under the same roof as me for the visa still to be valid ?

The long answer.

 

ORDER OF THE IMMIGRATION BUREAU No. 327/2557
Subject: Criteria and Conditions for Consideration of an Alien’s Application for a Temporary Stay in the Kingdom of Thailand

 

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):

Each permission shall be granted for no more than one year.

(3)  In the case of spouse, the relationship must be de jure and de facto:

 

You've basically been granted permission to stay on the basis you are legally married (de jure) AND in a legitimate relationship (de facto). The reason you have to provide maps, photos in the house, and possibly have a home visit etc. is to demonstrate that you are living with your wife. This is because of the crack down due to many fake marriages.

 

IF immigration were to discover that you and your wife weren't living together, and there wasn't a justifiable reason (e.g. working away), they definitely could revoke your permission to stay, because being married is not the sole qualification for being granted the stay permit. The conditions of granting the permission to stay continue for the whole of the period.

 

As long as no one informs immigration that you have separated you should be fine. If they did find out it would be down to the officer/office whether or not to revoke your stay.