Process for changing marriage extension to guardian extension

[jakow]

Can anyone help me understand how it works if you're on a marriage extension and get a divorce, and then want to switch to a guardian visa? Do you need to leave the country?

[DrJack54]

Trolling post removed.

 

OP, are you currently divorced? 

[jakow]

Just now, DrJack54 said:

Trolling post removed.

 

OP, are you currently divorced? 

Thanks @DrJack54. Not currently divorced. We're talking about it and I'd just like to be prepared for what happens as far as my visa is concerned. We have children.

[DrJack54]

2 minutes ago, jakow said:

Thanks @DrJack54. Not currently divorced. We're talking about it and I'd just like to be prepared for what happens as far as my visa is concerned. We have children.

Have a read of this thread.

https://aseannow.com/topic/1143060-non-o-visa-for-father-of-thai-child-after-divorce/ 

 

Also for best advice added details.

Is current wife agreeable to amicable divorce.

Can this be delayed till current extension is due to expire. 

This situation comes up often and also covered in marriage divorce forum

[jakow]

4 minutes ago, DrJack54 said:

Have a read of this thread.

https://aseannow.com/topic/1143060-non-o-visa-for-father-of-thai-child-after-divorce/

Thanks, it sounds like at the amphur we would get the Kor Ror 6 stating we have joint custody, and that would be used in obtaining a guardian visa.

 

The OP in that post has a bit of a different situation though, since he already has a guardian visa before the divorce. Since my yearly extension is based on marriage, I guess I would need to leave the country within 7 days after the divorce and apply for a new Non-O visa. This is all a bit confusing though since everybody's situation varies a bit.

[Red Phoenix]

5 minutes ago, jakow said:

...

The OP in that post has a bit of a different situation though, since he already has a guardian visa before the divorce. Since my yearly extension is based on marriage, I guess I would need to leave the country within 7 days after the divorce and apply for a new Non-O visa. This is all a bit confusing though since everybody's situation varies a bit.

No need for exiting Thailand and starting the Non Imm O process  from scratch again.

When the time is due to apply for the 1-year extension based on your Non Imm O Visa for reason of marriage, you simply apply for a different reason, i.e. for reason of supporting Thai dependant children. 

The financial requirements are even less than for a marriage extension application, but there are some different documentary requirements that need to be met (and instead of your wife, your child/children need to accompany you when applying for the 1-year extension). 

The only snag could be that not all Imm Offices accept Non Imm O extension applications for reason of Thai dependant children.  So best to visit your local Imm Office where you plan to apply for the 1-year extension, and ask them what requirements are applicable for such application (every Imm Office has its own interpretation on what is required at THEIR office).

 

[DrJack54]

7 minutes ago, Red Phoenix said:

When the time is due to apply for the 1-year extension based on your Non Imm O Visa for reason of marriage, you simply apply for a different reason, i.e. for reason of supporting Thai dependant children

I'm not so sure.

If the OP is still married his immigration office may not allow to change to based on dependant child. 

Perhaps OP along with wife could visit Immigration to discuss options. 

 

[Red Phoenix]

30 minutes ago, DrJack54 said:

I'm not so sure.

If the OP is still married his immigration office may not allow to change to based on dependant child. 

Perhaps OP along with wife could visit Immigration to discuss options. 

 

OP would have to visit his local Imm Office where he plans to apply for the 1-year extension anyway, to hear what specific requirements his Imm Office imposes when switching from Marriage to Thai Dependant children as reason for his 1-year extension of stay application. 

 

 

[DrJack54]

9 minutes ago, Red Phoenix said:

OP would have to visit his local Imm Office where he plans to apply for the 1-year extension anyway, to hear what specific requirements his Imm Office imposes when switching from Marriage to Thai Dependant children as reason for his 1-year extension of stay application. 

 

 

Many offices will not allow that switch. 

[Liquorice]

@jakow

To add to the above.

Be aware that once any divorce is finalised, your current extension based on Thai spouse immediately ceases, in other words your permission of stay (a permit, not a visa) is effectively cancelled, so staying beyond that date you are on overstay. Your Non Immigrant status also ceases on that day.

With reference to agreed joint custody, who would the children live with?
For an extension based on being the parent of a Thai national, the children must reside with you.
 

327-2557 (2014) - Criteria for extension ENG.pdf 

Section 2.18 clause (4).

(4) In the case of children, adopted children, or spouse's children, said children, adopted children, or spouse's children must not be married, must live with the alien as  part of the family, and must not be over 20 years of age except in case of the person hereof is of illness or disability and cannot live without support of father or mother:

 

@Red Phoenix is incorrect when he stated the financials are less than for an extension based on Thai spouse, they are in fact the same.

2.18 clause (5).

(5) In the case of parents, the father or mother must maintain an average annual income of no less than Baht 40,000 per month throughout the year or must have deposited funds of no less than Baht 400,000 to cover expenses for one year. In case the father or mother requests to be under maintenance of children, the age of father or mother must be 50 years of age or over. For other necessary cases, the Commissioner or Deputy Commissioner of Immigration Bureau is granted the authority to make decisions regarding approval on a case-by-case basis

[Liquorice]

An associate of mine went through this last year.
He spoke to the Immigration office prior to his divorce for advice, and they were very obliging.
As a result of that advice, he rented a flat prior to divorce and had both he and his son named on the rental contract.

On the day his divorce was finalised, he returned to Immigration and applied for a new 1-year extension based on the parent of a Thai national.
They cancelled his extension based on Thai spouse and immediately gave him a 30-day under consideration stamp, (you cannot be on overstay when you have an under consideration stamp) whilst his extension application was considered for approval. His extension was approved.

 

However, you should be able to change the 'reason' of the extension application, just as you can from retirement to Thai spouse, or Thai spouse to retirement.
The complication is that when your divorce is finalised, your permission of stay based on Thai spouse also immediately ceases, as the 'reason' you applied for it is no longer applicable. In saying that, it is not to say another IO may advise you need to obtain a new Non Imm O visa beforehand.

 

As already advised, enquire and explain the situation to your local IO beforehand.
Speak to the senior IO, not the cowboys on the front desks.

[Red Phoenix]

55 minutes ago, Liquorice said:

@Red Phoenix is incorrect when he stated the financials are less than for an extension based on Thai spouse, they are in fact the same.

When applying for the 1-year extension for reason of dependant chidren and using the Funds-in-Bank method, the funds (+400.000,- THB} only need to be available at moment of application.  When applying for reason of marriage, the funds have to be available on the applicants Thai bank-account 2 months before the moment of application.

> Hence my statement re 'lighter' financial requirements when applying for reason of dependant children.

[Liquorice]

17 minutes ago, Red Phoenix said:

> Hence my statement re 'lighter' financial requirements when applying for reason of dependant children.

That isn't what you stated, though!

You stated;

3 hours ago, Red Phoenix said:

The financial requirements are even less than for a marriage extension application,

The financial requirements are not less, only the seasoning period is less.
You are correct that the 400K funds are only required to be in a Thai bank account on the day of application, based on the Father of a Thai dependant child.

[mrwebb8825]

OP - this is from the website listed below:

 

Guardian Visa (Type “Non-Immigrant O”)

Guardian visa is a visa for the parent / the father / the mother who applies to be the guardian of a student whose educational institution is in Thailand.

Adding to the Thai Child / Children with one or more foreign parentA foreign parent / foreign parents OR legal guardian MUST apply for the guardian visa issued by the Royal Embassy or Consulate of Thailand in any countries.

Their child / children must be under 20 years of age.

With required documents as follows:

Birth certificate of the child / children as a proof of relationship to that child / those children.

Admission letter and enrollment form as proof of the child’s / the children’s enrollment in schools in Thailand.

Deposit with the amount of 500,000 TH฿ or above OR an official certificate issued by Embassies / Consulates of Thailand concerned of his / her / their nationality or residence confirming that a parent / parents OR legal guardian merely obtain 500,000 TH฿ a year or above as his / her / their income, (current Thai exchange rate is available https://www.bot.or.th/English/Pages/default.aspx at the Bank of Thailand’s website), which will be later set up his / her / their Thai bank accounts.

 

https://www.starvisaservice.com/guardian-visa.html

 

They have a chat window as well where you can get information specific to your situation.

[john donson]

hope you don't live in samut prakarn

[brianthainess]

On 4/10/2024 at 6:52 PM, Red Phoenix said:

The financial requirements are even less than for a marriage extension application

 

On 4/10/2024 at 9:36 PM, Red Phoenix said:

Hence my statement re 'lighter' financial requirements when applying for reason of dependant children.

It still requires the same amount of money though. I still don't get your point.

[brianthainess]

Other documents you may need are here at #8, but this is Trat with very strict rules like the 6 photos. I hope this helps, good luck. 

 

[Red Phoenix]

12 minutes ago, brianthainess said:

 

It still requires the same amount of money though. I still don't get your point.

 

Not all Imm Offices accept an application for 1-year extension of stay for reason of Thai dependant child(ren).  And some of those that do accept such application, can change/amend the requirements for such application.  

The excerpt you posted is from one such Imm Office, that requires that the +400.000, THB when using the Funds in Bank method, has to be on the applicants personal Thai bank-account 2 months before actual application. 

The normal 'official' requirement for a 1-year extension application for reason of dependant child(ren) ONLY requires the funds to be on the applicants personal Thai bank-account at moment of application. 

>> Hence the recommendation to the OP to check with his local Imm Office whether they allow switching from a Marriage to a Dependant Thai child application for his 1-year extension, and which specific requirements they impose for such application (which can be different than the 'official' ones, as in the case you posted).

 

Edited April 12 by Red Phoenix

[jakow]

Thank you guys for all of the info. I think I'll take a trip to the local immigration office and ask them about all of this.

[jakow]

On 4/10/2024 at 8:36 PM, Liquorice said:

With reference to agreed joint custody, who would the children live with?
For an extension based on being the parent of a Thai national, the children must reside with you.

 

I actually didn't realize the children need to live with me in order to get the guardian extension. We're not sure exactly how the living situation will work, but they would most likely be living with their mother most of the time. This is definitely going to change things. In that case maybe the best option is to save up for an elite visa. That's not a small amount of money though.

[Liquorice]

53 minutes ago, jakow said:

I actually didn't realize the children need to live with me in order to get the guardian extension.

Yes they do. 

 

53 minutes ago, jakow said:

In that case maybe the best option is to save up for an elite visa. That's not a small amount of money though.

I take it you are under 50 years of age.

Edited April 12 by Liquorice

[jakow]

2 hours ago, Liquorice said:

Yes they do. 

 

I take it you are under 50 years of age.

Yep, under 50. 

[Liquorice]

11 minutes ago, jakow said:

Yep, under 50. 

I take it you're not working either, so the Elite may be your only other option.

Sent a PM.

Edited April 12 by Liquorice