Visa Extension : Non O based on marriage to Non O based on child

[lucky2008]

I'm in the process of getting a divorce, but it will not be finalized until late December 2021.  

 

My current extension based on marriage expires this coming April. 

Is it possible to convert my marriage extension to an extension based on child using the monthly income method?

What are the current requirements for a Non O based on child extension? 

Thank you

 

[ubonjoe]

Until the divorce is final you could still apply for an extension based upon marriage if your soon to be ex wife would agree to help.

If you are separated and your wife was to grant you at least joint custody you could apply based upon being the parent of a Thai.

The only big difference between 2 reasons for the extension is that the 400k baht only needs to be on the day your apply.

Same photos but they will be with you and your child in and around the house.

Their birth certificate and a copy, copies of their house book registry and ID card if they have one.

Many offices have their own requirements so you would need to check with them as to what they are.

 

[lucky2008]

Thanks UJ,

Would I not automatically have joint custody if the child was already declared at the amphur when I got married?  If not, what what I need to do in order to get joint custody, and could I do it while I'm still married? 

I've been using the monthly 40k overseas income method for my past extensions, will I still be able to use this method, or do I need the 400k in the bank? 

Until the divorce is finalized, I would rather apply for the extension based on being a parent of a Thai.  This way I won't have to leave the country once the divorced is finalized. 

 

[ubonjoe]

If you and your wife are not living together and have not divorced yet you would need to proof of that by way of a agreement to be legally separated. As part of that you could be granted joint custody.

You can still use the 40k baht option to apply for the extension.

You would not have to leave the country after the divorce if you apply for a extension based upon being the parent of a Thai. Or to get more time you could apply for a 60 day extension to visit your child to get more time if needed.

[lucky2008]

Thanks UJ,

When you say "by way of a agreement to be legally separated" was does that exactly entail? 

[ubonjoe]

8 minutes ago, lucky2008 said:

When you say "by way of a agreement to be legally separated" was does that exactly entail? 

Not sure. It should be done by an Amphoe I assume.

[David138]

From my experience you need an official divorce agreement registered with the court/district office showing that you have  full or share custody and financial responsibility for your children. Of course you have to prove the children are yours via birth certificates. Ideally the children should reside with you after the divorce. 

[Peter Denis]

In your case it might be useful to consider switching from your current 40K monthly-income transfer method, to the +400K funds-in-bank method when you apply for your upcoming 1-year extension of stay for reason of marriage.

The reason being that you only need to provide evidence of the +400K being seasoned for 2 months at moment of application (when applying for reason of marriage) or simply to have the +400K on your personal Thai bank-account at the moment of application (when applying for reason of dependant child), 

When doing so, be aware:

1 - That the funds need to stay on your personal Thai bank-account during the under consideration period, but once you receive the 1-year extension of stay stamp, you are free to use the funds as you please.

2 - That when switching the reason for your 1-year extension (in your case from marriage to dependant child) that the new permission to stay would start from the moment of application.  So in order not to lose too much days from your current permission to stay, it would be best to apply close to permission to stay expiry date (but not 'too close' in case your IO requires additional documents for that new application).

 

[lucky2008]

1 hour ago, David138 said:

From my experience you need an official divorce agreement registered with the court/district office showing that you have  full or share custody and financial responsibility for your children. Of course you have to prove the children are yours via birth certificates. Ideally the children should reside with you after the divorce. 

 

I was under the impression that a legal marriage to the birth mother usually establishes lawful paternity and therefore establishes custody rights for a father? 

The ideal situation for me would be to change my extension based on marriage to an extension based on child while still being married.  

Anyone done something like this before?