Marriage Breakdown

[ilangman]

I would like to know about marriage breakdown. If I have a Non-Immigrant-B visa and work permit and my wife and children have Non-Immigration-O, due to marriage difficulties, if we were to separate and I live alone while my wife remains in the house temporarily, would she still be entitled to hold the Non-immigaration-O visa. She would be without any source of income.

Would we have to disclose the separation to the Immigration department. We are not looking to get around the law, just understand the requirements and take what action is required 

Both parties are aged below 50 years, NZ passports.

[lopburi3]

If she on 90 day visa entry it of no concern. If on one year extension of stay do not believe anyone would be concerned until the next renewal time, and she should be gone by then?

[InterestedObserver]

Your wife and children are almost certainly here on extensions of stay based on the family relationship. If you are no longer living together, then there is no family relationship. Technically, under those conditions their extensions would become invalid and they would be on overstay.

[ilangman]

Thank you. Is there a legal obligation to report a separation to the immigration and if so I assume this would then mean that the visa extension would become null and void. Is there any documentation to support this requirement?

I do not wish to just avoid the issue, say nothing and then leave the country etc. The reason is that there could be custody issues etc, which will be resolved based on legal requirements. Eg if visa is Null and void, them the wife must leave the country, with custody of the Children, which would be normal. By understanding any Thai legal requirements any possible conflict can be treated objectively and not based on what is expedient to one party.

[InterestedObserver]

You need to clarify just what your wife and children have stamped in their passports. How long have they been in Thailand? Are they here on 90 day entries? Do they have 1 year extension of stays based on the family relationship? What dates are stamped in their passports? Need some details.

[ilangman]

They are here on 1 year extension, as dependents, valid until  10 August 2009. We have been in Thailand for 4 years.

[InterestedObserver]

From the rules for dependent extensions 2.20(3), In the case of a spouse, the marital relationship shall be de jure and de facto. Is this situation going to be resolved before 10 August 2009? If not, you have to decide what to do then? The outcome of any discussion with immigration would depend on the individual officer that reviews your case, but IMO if a separation were to be discovered by immigration the dependent extensions would be canceled.

[ilangman]

Thank you for this. From this I assume, with strict adherence to the law, I have an obligation to inform Thai Immigration that I am separated and from this point the wife and children would either have to leave the country [within 7 days?] or obtain another visa to stay.

Alternatively I say nothing and the issue is resolved if the dependents leave the country, prior to the lapse of their current visa. This seems practical, albeit not de jure with regard to the law[i.e Technically breaking the law, however no one will be bothered unless there was reason to carry out the letter of the law...unlikely]

You quote 2.20(3), In the case of a spouse,.... could you please also povide a link or name of the reference document.

Thank you

[Mario2008]

That would be Police order 777/2551, which you can find here in English:

http://www.thaivisa.com/forum/post-a70477-.html

There is no legal requirement to notify immigraiton that your marriage has ended, but your wife would be on overstay. (Overstay for children is waived) if immigration finds out.

Note that if your children go to school in Thailand, they can get a non-immigrant visa based on that. Your (ex)wife can be a dependent of the children, but would need to show 500,000 in a Thai bank account for 3 months. See 2.11 of the same police order.