Non-immigrant O extensions but circumstances will change. What are my options?

[garrya]

Dear all, I'd like to get some advice regarding my rather inconvenient situation.

A bit of a background: married to my Thai partner for 12 years. During this time I have spent roughly ten years in Thailand. Had jobs and we have a business now that is doing fairly well. Unfortunately, cracks have appeared in our relationship and it seems that divorce is gonna happen. Due to my age (47), and somewhat limited funds, it seems impossible for me to relocate to any other country. I have not had much employment in my home country and there aren't many people who would stand by me if I had to go back. And to be frank, I would like to stay in Thailand forever as I made it my home. I speak, read, write in Thai, follow traditions, understand the culture etc. I have bank accounts, tax history, insurance history ... Are these just gonna become useless?

If I am not mistaken, in case of divorce, I'll have limited time to stay here and will have to leave Thailand. How does this work?

What if a new marriage comes into the picture? Will have to start the process again but I must leave first?

What visa options are available with limited funds? 

Can I just keep coming back on tourist Visa? How many times a year can tourist visa be used to come to Thailand?

Are there any law firms that can give me advice?

 

Note that I am also searching on the internet to find answers but information from knowledgeable and experienced people is invaluable.

Any help would be greatly appreciated.

[CharlieH]

Your visa status changes when you are divorced, but not until. Once divorced, you will need to obtain a visa on another basis to remain.

 

Your existing bank account and history, language ability etc has no bearing on visa status.

 

[garrya]

Ok, I understand this. So basically I'll have to leave after papers are signed, won't I? If not married, no work, no large investment, is tourism the only option to enter Thailand again?

How much time will I have left after divorce docs are cleared?

[OJAS]

50 minutes ago, CharlieH said:

Once divorced, you will need to obtain a visa on another basis to remain.

..which in your case will likely have to be one of the non-B variety:-

 

https://www.mfa.go.th/en/page/non-immigrant-visa-b?menu=5e1ff6f857b01e00a84023d4

 

But maybe no need to travel to a nearby embassy or consulate for this visa but instead do a border run (but without a re-entry permit to preserve your existing permission to stay, though) and apply for a non-B conversion at your local immigration office upon your return with a 30-day visa exemption:-

 

https://www.immigration.go.th/en/?page_id=2537 (in particular item 1)

 

Edited September 29, 2022 by OJAS

[DrJack54]

41 minutes ago, garrya said:

How much time will I have left after divorce docs are cleared?

When divorce is final your permission of stay ends.

The hard reality is that living in Thailand requires funds and you indicate thats not in abundance.

Even if you were 50 and eligible for non O retirement, that has financial requirements.

Tourist visas along with visa exempt entries can provide a stay perhaps a year + but it does have limits. 

 

You state this ...

"What if a new marriage comes into the picture? "

 

Slightly cryptic statement regarding"new marriage " but if you currently have a gf you are unlikely to receive much cooperation from current wife. 

It's called between rock and hard place. 

Unless you have a job available in Thailand and can obtain a non B then I cannot think of  alternatives

 

Edited September 29, 2022 by DrJack54

[DrJoy]

42 minutes ago, garrya said:

How much time will I have left

The mutual divorce is granted instantly by the Khet (District Office)

[garrya]

16 minutes ago, OJAS said:

..which in your case will likely have to be one of the non-B variety:-

 

https://www.mfa.go.th/en/page/non-immigrant-visa-b?menu=5e1ff6f857b01e00a84023d4

 

But maybe no need to travel to a nearby embassy or consulate for this visa but instead do a border run (but without a re-entry permit to preserve your existing permission to stay, though) and apply for a non-B conversion at your local immigration office upon your return with a 30-day visa exemption:-

 

https://www.immigration.go.th/en/?page_id=2537 (in particular item 1)

 

Thanks, this is useful. Will need to find a company that is willing to go through all this hassle. 

[garrya]

18 minutes ago, DrJack54 said:

When divorce is final your permission of stay ends.

The hard reality is that living in Thailand requires funds and you indicate thats not in abundance.

Even if you were 50 and eligible for non O retirement, that has financial requirements.

Tourist visas along with visa exempt entries can provide a stay perhaps a year + but it does have limits. 

 

You state this ...

"What if a new marriage comes into the picture? "

 

Slightly cryptic statement regarding"new marriage " but if you currently have a gf you are unlikely to receive much cooperation from current wife. 

It's called between rock and hard place. 

Unless you have a job available in Thailand and can obtain a non B then I cannot think of  alternatives

 

I have enough money for Non-O or even the retirement way if I reach age 50, but that Visa won't allow me to work even in my own business. 

Tourist Visa at least gives some time to sort things out. 

I have constant flow of money from our business and that's enough to live comfortably. The problem is that I used to work for a company that screwed up my work permit and I have been struggling to get a new work permit as the officials refuse to issue one due to previous employer not reporting me correctly. I have been chasing them for a year now but still no development. It's a joke that I can prove yearly tax reports but it's not enough lol. 

Would be possible to convert the business into a limited partnership but the missus may not want to help with it.

The other "marriage" was a hypothetical situation but possible after a couple of months if I am not mistaken. 

[garrya]

21 minutes ago, DrJoy said:

The mutual divorce is granted instantly by the Khet (District Office)

So I will have to apply for a temporary stay of up to 30 days if I am not mistaken. Not sure if this information is correct.

[garrya]

22 minutes ago, DrJoy said:

The mutual divorce is granted instantly by the Khet (District Office)

What if it's not mutual and one party disagrees?

[DrJoy]

3 minutes ago, garrya said:

What if it's not mutual and one party disagrees?

The Khet will refer you to the nearest Family Court.

 

Caution: Non mutual/Contested divorces do NOT have a time limit attached, they may go on for years.

 

Its best to get mutual divorce at the Khet/amphur, you will be issued a divorce certificate on the spot as an evidence.

 

The mutual divorce document is known as KOR ROR 7

[DrJoy]

11 minutes ago, garrya said:

information is correct.

Incorrect.

 

38 minutes ago, DrJack54 said:

Tourist visas along with visa exempt entries can provide a stay perhaps a year + but it does have limits

As Jack pointed out, this may be the only option for you.

[DrJoy]

16 minutes ago, garrya said:

I have been struggling to get a new work permit as the officials refuse to issue one due to previous employer not reporting me correctly. I have been chasing them for a year now but still no development

Pretty sure a lawyer can sort it out.

[garrya]

4 minutes ago, DrJoy said:

The Khet will refer you to the nearest Family Court.

 

Caution: Non mutual/Contested divorces do NOT have a time limit attached, they may go on for years.

 

Its best to get mutual divorce at the Khet/amphur, you will be issued a divorce certificate on the spot as an evidence.

 

The mutual divorce document is known as KOR ROR 7

Then non mutual divorce is a great way to stay longer. Pun intended.

However, we won't have trouble sorting things out. But the business is a problem as lot of money is sitting in stock and products are being manufactured nonstop.

[garrya]

3 minutes ago, DrJoy said:

Pretty sure a lawyer can sort it out.

Yeah, absolutely true. I didn't want to go that way but now I have no options. 

Thanks mate, great advice again.

[OJAS]

35 minutes ago, garrya said:

Thanks, this is useful. Will need to find a company that is willing to go through all this hassle. 

Another point has just occurred to me: do you and your wife have children from your marriage? If so then all you should need to do is to switch from marriage to parent of a Thai child as the reason for future annual extensions of stay, but still on the basis of your original non-O visa - at least until said child(ren) reach(es) the age of 20 which, according to a Google search I've just conducted, is the age of majority in Thailand.

Edited September 29, 2022 by OJAS

[garrya]

Just now, OJAS said:

Another point has just occurred to me: do you and your wife have children from your marriage? If so then you should be able to switch from marriage to parent of a Thai child as the reason for future annual extensions of stay, but still on the basis of your original non-O visa - at least until said child(ren) reach(es) the age of 20 which, according to a Google search I've just conducted, is the age of majority in Thailand.

Unfortunately, we haven't got children. But it's a great point.

What if there was a child that does not come from the missus?

[DrJack54]

2 minutes ago, garrya said:

What if there was a child that does not come from the missus?

Be clear. 

Your posts contain riddles.

 

If you are the parent of a Thai child you can obtain non O based on parent of Thai .

In fact could change the reason for extension from marriage to parent of Thai child. 

[garrya]

8 minutes ago, DrJack54 said:

Be clear. 

Your posts contain riddles.

 

If you are the parent of a Thai child you can obtain non O based on parent of Thai .

In fact could change the reason for extension from marriage to parent of Thai child. 

Ok,  understood. And sorry for being vague a bit, so let me rephrase. What if I meet a woman and she has a child that needs support and also there is intention to get married with her eventually? 

The thing is that Thailand is my "home" and I have got nowhere to go. I have got no work history in my home country so going back is impossible. Hence, I am looking at the options and want to get all the relevant information to make a plan. 

[DrJack54]

7 minutes ago, garrya said:

What if I meet a woman and she has a child that needs support and also there is intention to get married with her eventually?

Does not satisfy requirements.

 

[garrya]

2 minutes ago, DrJack54 said:

Does not satisfy requirements.

 

Ok, thanks.

[garrya]

Thanks for the lot of positive contribution.

It seems that I could narrow my options down to three options.

1. Trying to get employed to get Non-B (rather unlikely but not impossible)

2. Sorting out my work permit and convert the business to a limited partnership as quickly as possible (somewhat more probable)

3. Using the tourist Visa option to keep coming back and get married to a Thai woman. (easiest way but rather inconvenient)

[BritTim]

What is your general relationship like with your soon to be ex wife? With minimal cooperation from her, you can buy yourself another 15 months. When an extension based on marriage ends with divorce, your permission to stay immediately ends. However, a multiple entry Non O visa remains valid until its date of expiry. With a couple of photocopies and signatures, you can go to Savannakhet or Ho Chi Minh City just prior to the divorce and get a multiple entry Non O visa. This is valid for entry to Thailand for a year, and you can get a final 90 days by leaving and returning to Thailand just prior to the visa's expiry date

[garrya]

6 minutes ago, BritTim said:

What is your general relationship like with your soon to be ex wife? With minimal cooperation from her, you can buy yourself another 15 months. When an extension based on marriage ends with divorce, your permission to stay immediately ends. However, a multiple entry Non O visa remains valid until its date of expiry. With a couple of photocopies and signatures, you can go to Savannakhet or Ho Chi Minh City just prior to the divorce and get a multiple entry Non O visa. This is valid for entry to Thailand for a year, and you can get a final 90 days by leaving and returning to Thailand just prior to the visa's expiry date

Wow. I haven't known about this. After a quick search it turns out that work is not allowed on this type of Visa though. 

But anyways, I don't think she would have a problem with this to be frank. 

[Lite Beer]

You can work with a Non Imm O Visa

[garrya]

Another thing I have found that I am probably eligible for Thai Residency Permit. 

It seems that I can tick all the boxes. The trouble is that application period starts in December. Will pay a visit to the local immigration to get more details.

[DrJack54]

12 minutes ago, garrya said:

Another thing I have found that I am probably eligible for Thai Residency Permit

Means very little.

 

There is relatively new LTR.

Requires huge financial requirements. 

Edited September 29, 2022 by DrJack54

[garrya]

26 minutes ago, DrJack54 said:

Means very little.

 

There is relatively new LTR.

Requires huge financial requirements. 

I didn't mean that. 

I meant the Permanent Residence status that costs 7600 baht plus 95700 baht after successful application. 

[DrJoy]

1 hour ago, garrya said:

What if I meet a woman and she has a child that needs support and also there is intention to get married with her eventually? 

I am pretty sure, Thai child extension is for biological children only.

 

[DrJoy]

10 minutes ago, garrya said:

I didn't mean that. 

I meant the Permanent Residence status that costs 7600 baht plus 95700 baht after successful application. 

It requires 3 years of WP, tax payments, minimum monthly salary THB 80,000/-