Death of spouse effect on my marriage visa?

[trubrit]

I'm  nearly 90 years old and it looks like my Thai wife is going to pass away before me, having just received warning of having advanaced stage cancer.I can;t get a firm answer from my local  immi office can anyone give me factual advice .

Does her death have any effect on my current visa or can it go on to present expiry date?What then do I do for its renewal.I have money in bank enough for marriage but no way could i make it for retirement visa , obviously another marriage is out of the question at my age and perhaps i should also mention I am disabled confined to a wheelchair for  going out.. also needing help around the house, my pension wouldn't cover  hiring a helper .The house is in my wifes name and I understand I have a year to sell it, what happens if my visa expires during this period .?

going back to Uk is out ot  the question  Have nothing or no one there, even if I could make the journey. I am hoping  for my own demise first but apart from the arthrittis I am robust health.Anyone have first hand knowledge or can put me in touch with where to get it . Thanks a lot. Val

[Pouatchee]

google is your friend... 

 

https://www.legal.co.th/resources/visa-immigration-law/thailand-immigration-law/why-it-so-difficult-convert-one-thai-visa-category-another/thai-o-visas-what-if-my-spouse-passes-away/

 

 

 

[Mike Lister]

I'm sorry to learn of your circumstances and hope you find a workable solution. I'm pretty certain that your marriage visa remains valid, until the expiry date, in the event that your spouse passes mid visa.

[Pouatchee]

8 minutes ago, Mike Lister said:

I'm sorry to learn of your circumstances and hope you find a workable solution. I'm pretty certain that your marriage visa remains valid, until the expiry date, in the event that your spouse passes mid visa.

 

technically 'no'. it is all in the hands of immi... per the link i sent

 

for renewal you cannot continue on marriage and that is a given. if you dont have enough money then your best bet is to get an agent and pay 15 000 bht for a retirement visa depending on where you are and get a visa through them  

 

[Mike Lister]

2 minutes ago, Pouatchee said:

 

technically 'no'. it is all in the hands of immi... per the link i sent

 

Sorry but I don't regard your link as an authority on this subject, it's a two person law office and one is a foreigner who is not allowed to practice law in Thailand.

 

Secondly, the link only says that the spouse visa may be problematic, if the holder visits immigration, it does not say the visa ends when the spouse dies.

[Morch]

26 minutes ago, trubrit said:

I'm  nearly 90 years old and it looks like my Thai wife is going to pass away before me, having just received warning of having advanaced stage cancer.I can;t get a firm answer from my local  immi office can anyone give me factual advice .

Does her death have any effect on my current visa or can it go on to present expiry date?What then do I do for its renewal.I have money in bank enough for marriage but no way could i make it for retirement visa , obviously another marriage is out of the question at my age and perhaps i should also mention I am disabled confined to a wheelchair for  going out.. also needing help around the house, my pension wouldn't cover  hiring a helper .The house is in my wifes name and I understand I have a year to sell it, what happens if my visa expires during this period .?

going back to Uk is out ot  the question  Have nothing or no one there, even if I could make the journey. I am hoping  for my own demise first but apart from the arthrittis I am robust health.Anyone have first hand knowledge or can put me in touch with where to get it . Thanks a lot. Val

 

OP, first sorry to hear about your situation, and your wife's health issues. Not easy to deal with these things even without the visa thing.

 

As far as I'm aware, legally your marriage-based visa is void if the Mrs. passes away. I don't know if there's a set time you are supposed to report this to immigration, but with the 90 days reports/annual renewal it's just a matter of time until it could be dodged. How things are addressed by immigration has to do with the local office attitude - some are more helpful/lenient, some less so. But in general, I don't think they go out of their way to cause trouble in such cases.

 

I would take this up with your immigration office, and make things clear - easier than to deal with it solo, and with the added burden of funeral, grief and so on. Similarly, maybe time to make clear arrangements (if you haven't already) regarding will, inheritance and future help around the house.

 

 

[Mike Lister]

17 minutes ago, Pouatchee said:

 

technically 'no'. it is all in the hands of immi... per the link i sent

 

for renewal you cannot continue on marriage and that is a given. if you dont have enough money then your best bet is to get an agent and pay 15 000 bht for a retirement visa depending on where you are and get a visa through them  

 

I agree that the marriage visa cannot be extended or renewed under those circumstances.

[Georgealbert]

Older thread, with top advice from the late Udonjoe

 

https://aseannow.com/topic/910961-marriage-visawife-dieswhat-happens/

 

[Mike Lister]

From the link above:

 

"An extension of stay based upon marriage remains valid until it expires after the death of a spouse. See: acknow_con2stay.pdf"

 

 

[Mike Lister]

The OP doesn't indicate the value of his property or how easy it may be to sell. If there is sufficient value in the property, transition to a retirement visa becomes easier plus it might even allow him to move into a care home here in Thailand. 

 

Then there's the interim period and how to manage that. One solution might be hired help, if the budget will stretch to it.

 

Other than those things, I'm struggling to come up with options, perhaps others have ideas? On the positive front, at least you have some time to plan and explore options and this is not a right now issue.

[DrJack54]

OP, you will be able to remain until your current permission of stay expires (not the case for divorce)

 

Since financials are out of the question for extension based on retirement, I suggest that you switch to using an agent. 

Where do you live? 

[mike123ca]

I'll be changing from my current non-b to a non-o based on marriage.  This is a wake up call for me, if anything should happen to my wife. Time to put a life insurance policy on the wife to cover for a retirement visa. It's bad enough to lose a spouse and have immigration happily showing you the door.

[Morch]

5 minutes ago, mike123ca said:

I'll be changing from my current non-b to a non-o based on marriage.  This is a wake up call for me, if anything should happen to my wife. Time to put a life insurance policy on the wife to cover for a retirement visa. It's bad enough to lose a spouse and have immigration happily showing you the door.

 

In on a marriage-based extension, and my thoughts on this is that if the Mrs. passes on before me, I'd probably want to relocate anyway. House and land too much to handle as a single elderly, and maybe easier to move nearer to facilities (we live in a very accessible village, but still...). Making sure that the assets one assumes 'owned', are actually so and that circumstances allow for them to be liquidated as needed. Guess a proper house/land plot sold would go a ways covering old age expenses.

[DrJack54]

47 minutes ago, Morch said:

Making sure that the assets one assumes 'owned', are actually so and that circumstances allow for them to be liquidated as needed. Guess a proper house/land plot sold would go a ways covering old age expenses

You need a Will in place.

You refer to land and house hence in wife's name? 

There is a dedicated forum "marriage and divorce" which has lot of information along with some complicated stories. 

[Morch]

3 minutes ago, DrJack54 said:

You need a Will in place.

You refer to land and house hence in wife's name? 

There is a dedicated forum "marriage and divorce" which has lot of information along with some complicated stories. 

 

I'm well aware of that, thanks.

My point was that it's better to make these arrangements beforehand, and be aware of legalities.

Facing these issues right after a funeral could be daunting, nevermind lead to mistakes being made.

Seemed relevant to the OP's case.

[DrJack54]

Just now, Morch said:

 

I'm well aware of that, thanks.

My point was that it's better to make these arrangements beforehand, and be aware of legalities.

Facing these issues right after a funeral could be daunting, nevermind lead to mistakes being made.

Seemed relevant to the OP's case.

Absolutely. 

Sadly think many expats haven't put all the necessary things into place.

Myself included. 

[mike123ca]

1 hour ago, Morch said:

 

In on a marriage-based extension, and my thoughts on this is that if the Mrs. passes on before me, I'd probably want to relocate anyway. House and land too much to handle as a single elderly, and maybe easier to move nearer to facilities (we live in a very accessible village, but still...). Making sure that the assets one assumes 'owned', are actually so and that circumstances allow for them to be liquidated as needed. Guess a proper house/land plot sold would go a ways covering old age expenses.

I understand what you are saying. My situation is that my home country is Canada. I have no family relatives living there, so going back to the frozen north isn't that appealing. I also have 2 children here and have Thai citizenship. To continue staying in Thailand is possible.

[Moonlover]

Although my good wife is 15 years my junior, she has nonetheless arranged a 'whole of life' insurance on her good self, just in case. 

 

Should she predecease me (unlikely but it happens) I shall receive 1,000,000 THB plus bonus's payout, thus ensuring that I can switch to a retirement extension with ease when my marriage one expires. 

 

They may not help the O/P much, for whom I offer my sympathies', but it might be 'food for thought' for others following this thread.

[BritManToo]

My advice (but not much use to the OP) ........

Always keep enough money in the bank for a retirement VISA.

Never spend more than you can afford on land in another person's name.

 

If your wife has a terminal condition, maybe best to sell the land now and get some of your 'investment' back.

A legal fight over inheritance with her relatives may well take longer than the rest of your VISA extension after her death.

[DrJack54]

3 hours ago, trubrit said:

Anyone have first hand knowledge or can put me in touch with where to get it . Thanks a lot. V

Reading your OP again and again..

I'm surprised more folk did not suggested agent.

 

Especially given necessity of wheelchair.

You rule out going back to home country along with inadequate finances for extension based on retirement.

You have not mentioned the province that you live in. 

Your options seem very clear to me as there ain't many. 

 

[Pouatchee]

3 hours ago, Mike Lister said:

I'm sorry to learn of your circumstances and hope you find a workable solution. I'm pretty certain that your marriage visa remains valid, until the expiry date, in the event that your spouse passes mid visa.

 

3 hours ago, Mike Lister said:

Sorry but I don't regard your link as an authority on this subject, it's a two person law office and one is a foreigner who is not allowed to practice law in Thailand.

 

Secondly, the link only says that the spouse visa may be problematic, if the holder visits immigration, it does not say the visa ends when the spouse dies.

 

from what was dicussed on TV before, and dont ask me where...if you want to know search yourself, when ubonjoe was here what the guy in my quote says is the way it is. i would rather trust this than your guesstimate that you assume without any background info

 

 

[Mike Lister]

2 minutes ago, Pouatchee said:

 

 

from what was dicussed on TV before, and dont ask me where...if you want to know search yourself, when ubonjoe was here what the guy in my quote says is the way it is. i would rather trust this than your guesstimate that you assume without any background info

 

 

 

It's not my guestimate, it's fact as confirmed by Udonjoe. there's even a link to the pdf confirming it.

 

Older thread, with top advice from the late Udonjoe (posted above)

 

https://aseannow.com/topic/910961-marriage-visawife-dieswhat-happens/

 

From the link above:

 

"An extension of stay based upon marriage remains valid until it expires after the death of a spouse. See: acknow_con2stay.pdf"

[billd766]

1 hour ago, DrJack54 said:

Absolutely. 

Sadly think many expats haven't put all the necessary things into place.

Myself included. 

Many of us married expats have not put all the necessary things into place, as we have no real idea of what things are necessary, myself included also.

[Pouatchee]

OP posted a short while ago in this thread:

 

 

and now starts a new thread discussing the same thing more or less. seems to me if this really worried you you had plenty of time between april and now to get your facts straight. youre old, i get it but age shouldnt be a factor when doing your due diligence

 

[Pouatchee]

3 hours ago, Mike Lister said:

I'm pretty certain that your marriage visa remains valid, until the expiry date, in the event that your spouse passes mid visa.

 

this is a guesstimate and you got the facts wrong only to change what you initially said when you found the facts. let it be

[Mike Lister]

1 minute ago, Pouatchee said:

 

this is a guesstimate and you got the facts wrong only to change what you initially said when you found the facts. let it be

On to ignore you go Pouatchee, life's too short to play your games. Goodbye.

[Pouatchee]

7 minutes ago, Mike Lister said:

On to ignore you go Pouatchee, life's too short to play your games. Goodbye.

  

ignore? who gives a hoot... you talk through your boxers anyways... you give bad advice then are too spineless to admit you are wrong... i could care less about you bub

[DrJack54]

22 minutes ago, Pouatchee said:

 

this is a guesstimate and you got the facts wrong only to change what you initially said when you found the facts. let it be

Upon death of Thai spouse it's common practice for extension to remain valid until expiry.

 

That is not the case regarding divorce where upon divorce the current permission of stay ends.

In that situation one can apply for extension and being denied will be given 7 days to exit Thailand (it's not an extension) .

Or simply exit Thailand and return with another option such as visa exempt, tv etc.

 

If someone has a ME non O marriage from eg Savannakhet then that visa remains valid upon death of spouse. 

 

Your suggestion earlier re use of agent for the OP seems the logical option to me.

 

Would help if OP detailed where he lives to obtain best suggestions for use of agent. 

[connda]

1 hour ago, billd766 said:

Many of us married expats have not put all the necessary things into place, as we have no real idea of what things are necessary, myself included also.

Last Wills for assets in both Thailand and your home country, Usufruct Contract or lease for land holdings, Advanced directives, open discussion between yourself and your wife regarding what to do after the death of the other spouse.  In other words?  Have a plan.

[billd766]

5 minutes ago, connda said:

Last Wills for assets in both Thailand and your home country, Usufruct Contract or lease for land holdings, Advanced directives, open discussion between yourself and your wife regarding what to do after the death of the other spouse.  In other words?  Have a plan.

Having  a plan is a good idea if you have all the information that is needed to make that plan work.

 

If you don't have all the information you need, then your plan will not work.