getting divorced after renewal my one year marriage visa extension

[milan70]

Hi everyone,

I'm going through a divorce in June after renewal my one year marriage visa extension this month. I wonder if my visa will still be valid to use or it will be cancelled automatically. 

Any help would be very appreciated.

Thank you so much in advance.

[johng]

Your visa extension  is for being married to a Thai   after you divorce the reason for extension will be invalid  so  yes cancelled automatically.    

 

I read that if your Thai wife/husband dies   then they will let you stay until the extension expiry date.

[ubonjoe]

You extension of stay based upon marriage will become invalid on the day your divorce is final.

But nobody will notify immigration other than you or perhaps your ex wife.

 

[mike787]

Have Plan B ready...good luck.

[milan70]

thank you guys for the reply very appreciate it. 

by the way nobody will notify immigration about the divorce so it means my visa will still be valid to use until it expire next year????? 

[ubonjoe]

30 minutes ago, milan70 said:

thank you guys for the reply very appreciate it. 

by the way nobody will notify immigration about the divorce so it means my visa will still be valid to use until it expire next year????? 

Your extension of stay (it is not a visa) will not be valid since the reason for it being issued is gone as soon as the divorce is final. But it will not be formally canceled by immigration that would require you to leave the country.

[elviajero]

2 hours ago, milan70 said:

thank you guys for the reply very appreciate it. 

by the way nobody will notify immigration about the divorce so it means my visa will still be valid to use until it expire next year????? 

No, the stay permit is no longer valid even if it’s not cancelled. BUT you’ll get away with using it as long as no one from immigration/police does a house call.

 

If immigration were to find out about the divorce they could; (worst cases scenario) cancel the permit from the day you divorced which would create an overstay, detain you, and prosecute you for that overstay. If the overstay was more than 90 days you could be banned from the country.

[mike787]

32 minutes ago, elviajero said:

No, the stay permit is no longer valid even if it’s not cancelled. BUT you’ll get away with using it as long as no one from immigration/police does a house call.

 

If immigration were to find out about the divorce they could; (worst cases scenario) cancel the permit from the day you divorced which would create an overstay, detain you, and prosecute you for that overstay. If the overstay was more than 90 days you could be banned from the country.

Good point.  Be careful.  No matter how much you know a woman, she can turn on you fast and hard.  

[natway09]

This is why I went the retirement route just in case.

 

[elviajero]

13 minutes ago, natway09 said:

This is why I went the retirement route just in case.

That is unnecessary. In the event you get divorced you can switch to a ‘retirement extension’ at the time.

[overherebc]

1 hour ago, natway09 said:

This is why I went the retirement route just in case.

 

Or stay on a multi entry O ????

[KhaoYai]

Slightly different visa - Multi Entry Non O based on marriage. I continued to enter and leave Thailand using my M.E.N.O. until it expired around 6 months after my divorce so at that time (2017/2018), there was clearly no link-up between immigration computers and the marriage register. 

[elviajero]

18 minutes ago, KhaoYai said:

Slightly different visa - Multi Entry Non O based on marriage. I continued to enter and leave Thailand using my M.E.N.O. until it expired around 6 months after my divorce so at that time (2017/2018), there was clearly no link-up between immigration computers and the marriage register. 

There still isn't a link.

 

The same principle applies. Once you have divorced the visa is effectively void because the purpose of your visit has ended. Immigration could cancel the visa and any permission to stay after you've divorced.

[overherebc]

16 minutes ago, elviajero said:

There still isn't a link.

 

The same principle applies. Once you have divorced the visa is effectively void because the purpose of your visit has ended. Immigration could cancel the visa and any permission to stay after you've divorced.

Grey area. Worked many contracts on non O and when finished always kept the viss.

I honestly believe even divorced while on an M E N O as you never do 90 day reports they would not be desperate to cancel it.

However, technically ?????

Yes, I know every time you come through the airport or border you are 'reporting' to Imm.' I rememember you argued that point before. ????????

[fletchsmile]

When you divorce your extension based on marriage ceases to be valid.

 

There is no automatic link though between the ampheur registers for marriage, divorce etc and immigration. That's why when you apply for extension based on marriage you get 4 weeks pending review and then go back to get the full year. During that 4 weeks they check that you are still legally married.

 

So since we're in May now, and you're getting divorced in June, you might want to be careful too that your divorce doesn't come within that 4 week gap between extending now and going back in 4 weeks to get the full year. As otherwise they won't give you the rest of the year, if you hit the wrong timing and they have checked to find you just got divorced.

 

After you've got your full year, and after your divorce, your extension isn't cancelled automatically. But it isn't valid.

 

Always the risk that something crops up though, like someone reporting you, another check for something else etc etc.

 

Plus next year if you ask to renew for a different reason, they will likely ask why you changed. If you hadn't played by the book, you'll then get penalised for not having a valid extension from the date you're divorced. Always the risk they will seek to do checks on circumstances around your change of status.

 

Best to plan ahead. Be straight up. Just before getting divorced, change your visa extension purpose. Or leave and come back on another visa

 

Cheers

Fletch ????

Edited May 15, 2019 by fletchsmile

[KhaoYai]

On 5/15/2019 at 1:37 PM, fletchsmile said:

That's why when you apply for extension based on marriage you get 4 weeks pending review and then go back to get the full year. During that 4 weeks they check that you are still legally married

There is no 4 week waiting period for a M.E.N.O. - depending on the office, it is either issued the same day or the next day.

 

Not denying what you are saying - just pointing out a difference between an extension and a M.E.N.O. based upon marriage.

Edited May 16, 2019 by KhaoYai

[OJAS]

On 5/15/2019 at 3:44 PM, elviajero said:

That is unnecessary. In the event you get divorced you can switch to a ‘retirement extension’ at the time.

It might, in practice, prove a tad difficult for you to meet the current financial requirements for retirement extensions in the short term, though - particularly if, as in the OP's case, you might be needing to switch to retirement barely a month after obtaining a marriage extension!