Ease of: Marriage Visa Vs. Dependent Visa

[ElephantEgo]

Situation:

I am considering about the pros and cons of divorce and looking at visa questions.

Currently I am on a marriage visa. We have a Thai citizen child of 5 years.

 

Questions:

1. If I were to get divorced, what happens to my current visa/extension? Do I need to make a new visa? Or can switch over to being the cartaker/dependent for my child?
2. Is making the visa and annual extension easier or harder (paperwork, jumping through hoops...) in the caretaker/dependent situation as opposed to the marriage ones?

3. Would I need to leave the country at all in these above scenarios?

[herwin1234]

you really should check with a visa agent. They also will help you with a "take care of child" visa.

 

1. if ya aint married, a marriage visa becomes invalid. you cant ride your marriage visa out until the end. Pls ask details with a visa agent.

 

2. nope. easy as applepie. That is, if you can prove you are a real dependent for the child. After the divorce, who will take care of the child, the mother? 

At the divorce, you will have to arrange and sign some papers which are dealing with assets and also which parent will be the legal guardian. Think about that before you sign. Try to get that in writing on your divorce papers, that you are a caretaker or guardian.

 

3. If you are legally the caretaker  switching to that visa is easy. if you are not legally the caretaker, you dont get. Its not about "hoops", its about the right paperwork. 

 

If despite yr divorce you have a mature relation with your exwife, she could also help you and go together to immigration for information.

 

Best to go for immigration and or a visa agent to ask info which documents/ information are needed for your situation.

 

good luck.

 

 

[ifmu]

well if u got a divorce  u obviously could not use marriage 

so u only can use child dependent  with your wifes blessing or it gets messy

[node]

Upon divorce your family visa base on marriage is not valid, and you are required to go to immigration to get that visa canceled, and your status in the country changed, if planning to remain in Thailand.

If you do not plan on returning to Thailand, you leave before 26th September 2020, no need to go to immigration, you just leave, or after, once before your 90 days reporting is due.

If you need to return to Thailand, you CANNOT until your current visa / extension of stay base on marriage / re-entry permit renewal date has lapsed, rendering all canceled automatically.

 

If you decide to remain in Thailand after divorce, couple of options exist.

 

As the parent of a Thai Citizen, (child), at the Divorce, you must have on the divorced order "SHARED OR "FULL CUSTODY", if neither is NOT stated, you can forget this option to get your current visa switch while you remain in Thailand.

 

You can apply, if outside, at the Thai Embassy in your country of citizenship, (Penang also ), after your current extension of stay expires, for this same (1) year visa without the Divorce Order. They will require the same documents, child Thai birthpaper, showing your name on it, same paperwork when you got the visa base on marriage. With this, you will be allowed to enter and stay in Thailand for 90 days per visit, with one 60 days extension max. Thereafter you must leave, and re-enter, to get another 90 days. 

If you try and get a (1) year extension on this new Visa, while in Thailand you will face the same issue of "SHARED / FULL Custody" if not stated on the divorce order.

 

The paperwork for switching to Parent Of A Thai Citizen while in Thailand, are the same except, added school photos ( child in classroom & in front of school showing school name, with you, and the child) : school location map : letter from school stating the child is a pupil there. Mother signed Thai ID. House books. Bank & money requirements are the same; and of course the Divorce Certificate, and order. You also required to get a new re-entry permit on this Visa if you plan on traveling.

 

Another options are, switch to Retirement or Elite (5) visa. 

 

Hope this help you out, good luck.

 

 

 

[ElephantEgo]

In summary, please let me know if I understood correctly:

 

1. Upon making the divorce with child custody recognized, one would need to go immediately to immigration to apply for the new visa type and cancel the old type (if I understand, no need to leave LOS).

 

2. Sounds like the process applying for the dependent visa is roughly similar to the marriage one with a few key differences -- not exactly harder or easier -- just a bit different. And same financial requirements.

 

3. If I understand correctly, no need to leave the LOS in any such situations if following the proper procedures noted.

[node]

6 hours ago, JakeR said:

In summary, please let me know if I understood correctly:

 

1. Upon making the divorce with child custody recognized, one would need to go immediately to immigration to apply for the new visa type and cancel the old type (if I understand, no need to leave LOS).

 

2. Sounds like the process applying for the dependent visa is roughly similar to the marriage one with a few key differences -- not exactly harder or easier -- just a bit different. And same financial requirements.

 

3. If I understand correctly, no need to leave the LOS in any such situations if following the proper procedures noted.

1). That is correct, if you have all their paperwork in hand.

 Note:

You need to get the Divorce Certificate and Custody Order from the Register Office first. Immigration will not take your word of mouth that you got divorce yesterday and you will like to switch visa to Parent of a Thai Citizen.

If you got Divorce at an Amphur, you should get the Certificate and Order straight away. If you divorced in the court, your representative, you and ex-wife, must go to the Register office, taking along the court documents and the Marriage Certificates, lodge all and return in 30 days to get the Divorce Certificate and order.

2). Again correct. Best go to your local Immigration office before the divorce, if you can, and inquire as to their requirements to switch, the flavors varies from Immigration to Immigration in Thailand.

3). No you do not, provided you satisfied all their requirements for switching the visa; ie: ED : Retirement : Dependent : Elite etc. If you don't, you will have to exit Thailand. Getting back into Thailand will be painful if you need too return soon with covid-19.