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Non O - Post divorce.


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Hey guys. I will be getting a divorce this week or next to my Thai wife. I have been living in Thailand for several years on a Non O Multi Entry based on Marriage. Am i right in believing that once the divorce is completed i am able to stay till the expiration of my current visa. I am aware on the single entry visas that you must go to the government and then you have 7 days to leave. But, i am on the multi entry one where i would leave Thailand and reenter every 90 days (pre covid situation) I was told this means that my visa is not cancelled upon divorce. Is anyone able to confirm this is correct or incorrect. Thank you. 

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19 minutes ago, ubonjoe said:

If you have a multiple entry non-o visa it will remain valid to the day it expires.

If on a one year extension of stay it ends on the day the divorce is finalized.

Thank you Joe. As always you are one of the rocks of this forum. I guess now just wait to see what they say about end of September and how i get in and out (highly unlikely) or what extension they put in place again (also unlikely to some extent) 5555

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20 minutes ago, whynoname said:

Thank you Joe. As always you are one of the rocks of this forum. I guess now just wait to see what they say about end of September and how i get in and out (highly unlikely) or what extension they put in place again (also unlikely to some extent) 5555

The most likely extension would be if you had a Thai child. I am assuming you do not as you would have been aware of that option.

If aged over 50, you could apply for a retirement extension.

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16 minutes ago, BritTim said:

The most likely extension would be if you had a Thai child. I am assuming you do not as you would have been aware of that option.

If aged over 50, you could apply for a retirement extension.

Just a note to keep in mind, if you have a child with your current wife, was married at time of birth of child and listed on the birth cert as father, attempt to have yourself named as the legal guardian, or however the proper Thai phrase is written, on the divorce document.  That will enable you to apply for and likely recieve a  family visa as the guardian of the child.  Some offices may not enforce this but I know of at least one that does.

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5 hours ago, BritTim said:

The most likely extension would be if you had a Thai child. I am assuming you do not as you would have been aware of that option.

If aged over 50, you could apply for a retirement extension.

Thank you Tim. We do have a daughter together. We were married at the time of birth. We do not live together. We live about 1 km from each other and i have always ensured that i see her everyday. I think i need legal advice on that as my knowledge on this is limited. I thought i would have to be the one living with my daughter to get some kind of family visa but like i say i am very unsure. 

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5 hours ago, IraqRon said:

Just a note to keep in mind, if you have a child with your current wife, was married at time of birth of child and listed on the birth cert as father, attempt to have yourself named as the legal guardian, or however the proper Thai phrase is written, on the divorce document.  That will enable you to apply for and likely recieve a  family visa as the guardian of the child.  Some offices may not enforce this but I know of at least one that does.

thank you Ron. Does legal gaurdian mean she lives with you solely in this instance or that I see my daughter everyday. Take her to school etc. Pay for many things each month. But she lives with mom just down the road. 

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36 minutes ago, whynoname said:

thank you Ron. Does legal gaurdian mean she lives with you solely in this instance or that I see my daughter everyday. Take her to school etc. Pay for many things each month. But she lives with mom just down the road. 

very tough to answer this question, we are all listed i n the same house book, etc and she lives with me 90% of the time, but the IO and the big boss here in Chiang Rai were fixated upon the divorce papers which we did at the Amphoe listing ex as the quardian, that is as far as I got with my attempt.  Changing the guardian ship would require going thru the district court they said.

I sort of feel that the IO in your area wouldn't check the actual living arrangement if same for you via vvis the house book.

I did discuss with a lawyer this situation and he fixated upon the divorce decree and not the actual living place of each person, but maybe he held that back as an add on/gotcha for more $$$ later on.  So my advice is to see two or more lawyers and get clarification on all the permutations, if possible.

Good luck as the family/child visa is more flexable money wise than anyother.

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is your ex-wife hostile or not ?

if child (daughter) involved, better go to court ?

or have it on paper, the custody of  the child if you go to amphur...

 

how old are you anyway ?

 

and renting the other place ?

 

immigration might demand a 50/50 on paper custody to be able to get extension based on parent of thai child

 

watch out for certain people that will propose their wife or friend to do mediation with your wife... that will cost you a lot over nothing...   

 

even a court divorce agreement can be not followed by your ex-wife (custody rights) and you will be able to do NOTHING AT ALL  as there is no enforcement for non MONEY matters

 

you could go twice to court and cost you hundreds of thousands of baht to fight this with ZERO guarantee by lawyer of a positive result

 

--- speaking of experience ---

 

but my ex have been trying for months to get me out of the country, out of life of my child...

 

still fighting...

Edited by Bender Rodriguez
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24 minutes ago, JimGant said:

How would Imm even know -- does the Amphur share divorce information with Imm?

No they don't.

But a problem can occur in if a person wanted to apply for different type of extension later and they ask why they are changing the reason for it. Or if they want the wife's approval of the change.

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19 hours ago, whynoname said:

Thank you Tim. We do have a daughter together. We were married at the time of birth. We do not live together. We live about 1 km from each other and i have always ensured that i see her everyday. I think i need legal advice on that as my knowledge on this is limited. I thought i would have to be the one living with my daughter to get some kind of family visa but like i say i am very unsure. 

You need at least joint custody of the child, and in writing. 

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The one thing that you might come across is if you need to do anything with immigration that requires an updated Kor Ror 2 which is only available at the Amphur office and that will show you are divorced or anything that involves your (ex) wife to be present at immigration. That will put your visa and extension at risk as you have both of them on the grounds of your marriage

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21 hours ago, IraqRon said:

I sort of feel that the IO in your area wouldn't check the actual living arrangement if same for you via vvis the house book.

had to take pictures, same as with marriage and they came to check in person at home, and they took pictures AGAIN, so why you need them in the first place ?

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Good Day All,

Could somebody help me out with this one.

I have been living in Thailand since about 2007 ,and got married about 6 years ago. Every year I renew (5 years now, last time re-newed 25/08/20 with permission to stay until 02/08/21) , and get a multiple re-entry permit at the same time

I entered on this visa (see picture), and was also wondering if, I divorce my wife will I be allowed to stay until permission to stay date stamped in my passport expires.

 I have always done everything on time regardless of amnesties / covid.

Many Thanks.

 

visa.thumb.jpg.d364f2e23c38be0b026f5f1626cbe123.jpg

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9 minutes ago, Martin71 said:

I entered on this visa (see picture), and was also wondering if, I divorce my wife will I be allowed to stay until permission to stay date stamped in my passport expires.

If you are on a extension of stay based upon marriage your extension ends on the day your divorce is finalized. But unless you informed them you could probably get away with staying until you current extension expires.

You could also apply for different extension of stay when the divorce is final if you can qualify for one. If 50 or over that could be for retirement for example.

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8 minutes ago, Martin71 said:

Do you think once the divorce is finalized, I could then transfer 800k to my Thai bank account and then 3 months later go to IO (without the ex-wife) and apply to change for a retirement visa ?

The 800k baht would have to be in the bank when your divorce is final so you could cancel your current extension by showing the divorce decree and apply for a new one based upon retirement.

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18 minutes ago, Martin71 said:

I am just worried that she might somehow be able to get her hands on 400k of the 800k if the money is in my bank before the divorce is signed,sealed and delivered...

That is not likely to happen in my opinion. Things can be worked out to prevent it as well.

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