Marriage Extension Annual Renewal

[mackemray]

Does the annual renewal of the Marriage Extension require the presence of the wife at Immigration?

[ubonjoe]

Yes it does.

[mackemray]

53 minutes ago, ubonjoe said:

Yes it does.

Thanks Joe, I was hoping you would reply. What happens therefore, if the couple split up, get divorced or the lady dies?

 

[ubonjoe]

13 minutes ago, raylspence said:

Thanks Joe, I was hoping you would reply. What happens therefore, if the couple split up, get divorced or the lady dies?

 

The reason your wife needs to be with you is part of the proof needed to prove you are living together as husband and wife.

This from clause 2.18 for the police order. "(3) In the case of spouse, the relationship must be de jure and de facto:"

If divorce your extension ends on the day it is finalized.

If your wife dies your extension would be valid until it expires and you would need a different reason to apply for it.

[peter harrison]

they have come to my house and interviued my wife and two of the neibores as well and they had to give them a copy of there id cards for the last 2 years now

[RemyDog]

17 hours ago, ubonjoe said:

The reason your wife needs to be with you is part of the proof needed to prove you are living together as husband and wife.

This from clause 2.18 for the police order. "(3) In the case of spouse, the relationship must be de jure and de facto:"

If divorce your extension ends on the day it is finalized.

If your wife dies your extension would be valid until it expires and you would need a different reason to apply for it.

Thanks, Joe. my wife and I both have Thai Wills. My Australian Will recognises my Thai Will, which is an attachment to my Australian Will, and my Australian Will covers everything excluding my assets etc in Thailand or in THB. Under my wife's Thai Will, her residence where we live (funded by me and mortgaged to me before we were married in 2014) and all her other assets are then held by me in Trust for her now 13 year old birth son until he is 26 years of age. If I die while in that Trustee role, her younger sister (who is mid 30's in age and lives with her family in the next suburb) becomes the Trustee of my wife's assets until her nephew (my step-Son) is 26 years of age. 

My questions are, if my wife pre-deceases me,

1. How does my Visa extension, currently based on Marriage, then stand at that time as I would be living here in Thailand as the appointed guardian and Trustee for the birth-Son of my deceased wife and the Son is still a minor in legal terms. Our plan was for full adoption of her birth Son but that was derailed by conflicting requirements between the relevant bureaucracies in each of Thailand and Australia with neither prepared to cut some slack in recognition of requirements in the other jurisdiction.

2. I am on a "Non-Immig O visa" granted in early 2014. Would rolling over to a retirement based visa extension be the only option? To keep clean with possible voluntary activities, I would strongly prefer to be in a position to apply for a work permit if a combination of circumstances were to eventuate. 

3. To my understanding, an advantage of the marriage based extension is that one can potentially be eligible for a work permit, whereas work permits are prohibited for holders of retirement based visa extensions. Please confirm. 

Thank you, Joe and others, for your knowledge and contributions over time. 

 

[ubonjoe]

1. Immigration will require him to be your son by way of adoption. They would not require the adoption to be recognized by the Australian government.

2. Without the adoption being done that would be your only option. You cannot work with that extension. You might be able to get a work permit as a volunteer.

3. You cannot get a work permit and work with a extension based upon working. You could change to an extension based upon working.