Marriage Or Retirment Visa

[Colabamumbai]

I am a Canadian currently here on a one year Ed. visa, having to leave every 90 days. I am 59 and am thinking of applying for a retirement visa in the future. I am aware of the requirements. I have also met a Thai woman that I may marry in the future, she was married before but says her marriage was not registered and she does not need to divorce and she can remarry. I had not planned on returning to Canada.

Q. 1. Is that possible that she would not need a divorce certificate to remarry if her marriage was not registered, she has 2 children.

Q.2. What would be more beneficial for me, not having to leave the country every 90 days, being married to a Thai, or being on a retirement visa. Please elaborate.

Q.3. Would a criminal background check be necessary for either of the above, since I know it has to be done in my home country Canada.

Thanks

[InterestedObserver]

1. No divorce required, she was never legally married.

2. Retirement visa, easier application process at immigration. Assumes your finances meet the requirements.

3. Extension of stay based on retirement done in Thailand, no medical or police check required.

[Thanyaburi Mac]

Q1: No registered "marriage" means NOT married, this no divorce required.

Q2: Less baht in the bank but a bit more paperwork for an extension based on marriage. FYI, I'm married, legally, but still on a "retirement" extension, mainly 'cause that's what I started out with. I was on the "90-day shuffle" for five years but just got tired of travelling on my passports say so, so switched to the extension mode.

Q3: NO criminal background check required for either, either here in Thailand or in your home country.

Mac

[chiang mai]

I'm tempted to suggest that the benefit of the retirement visa over its alternative is that you don't have to have a wife, altogether a much better idea I reckon. Seriously though, a RV leaves you self reliant and not dependant upon someone else for your right to stay in Thailand.

[Colabamumbai]

1. No divorce required, she was never legally married.

2. Retirement visa, easier application process at immigration. Assumes your finances meet requirements.

3. Done in Thailand, no medical or police check required.

Thanks for your input, your answers.

[Penkoprod]

Ok, i'll ask the obvious question.......why are you "leaving the country every 90 days" when you are on an Ed visa?

You only have to apply for extensions every 90 days...........at your local Immigration office, as far as i know

Students who enroll at our school in a one year course are eligible to apply for a one year non-immigrant ED visa. With this visa you do not have to leave Thailand every now and then but can stay here continually for one year. On arrival you will be permitted to stay for 90 days and then with a paperwork provided by our school you will be able to extend your stay every 90 days at the local immigration office for the duration of the course. At present extensions cost 1,900 Baht. You can enjoy studying Thai and at the same time not worrying about making any visa runs.

*Edited to paste the relative info from the website of one of the sponsors here (who will, no doubt chip in with much the same as i am saying)

Penkoprod

[Colabamumbai]

Q1: No registered "marriage" means NOT married, this no divorce required.

Q2: Less baht in the bank but a bit more paperwork for an extension based on marriage. FYI, I'm married, legally, but still on a "retirement" extension, mainly 'cause that's what I started out with. I was on the "90-day shuffle" for five years but just got tired of travelling on my passports say so, so switched to the extension mode.

Q3: NO criminal background check required for either, either here in Thailand or in your home country.

Mac

I thought that a background check was necessary for one or the other, I may be confusing that with a work permit. Thanks for your input. I go to Issan to meet her brothers and sisters in a month, when I finish Thai Language school here in Bangkok. Her parents are dead.

[Colabamumbai]

Ok, i'll ask the obvious question.......why are you "leaving the country every 90 days" when you are on an Ed visa?

You only have to apply for extensions every 90 days...........at your local Immigration office, as far as i know

Penkoprod

My course is only 100 hours and concludes in April. I would need to pay the school more money for another level for them to write the letter for immigration so I would not have to leave the country. The course was to provide me with a 6 month visa obtained in Canada, but the consulate aware of my age and plans issued me a one year visa, suggesting it would give me more time here. The school was not too happy with that.

[lopburi3]

To obtain a non immigrant OA visa (retirement) in home country would require both police check and medical check. But extensions of visa that take place in Thailand would not require these for retirement or marriage is what poster is saying.

[Colabamumbai]

I'm tempted to suggest that the benefit of the retirement visa over its alternative is that you don't have to have a wife, altogether a much better idea I reckon. Seriously though, a RV leaves you self reliant and not dependant upon someone else for your right to stay in Thailand.

Very good point and I am very independent but at 59 am ready to settle down. I would like to someway contribute to the universe, possibly teaching on the cuff, not for money. I spent a lot of time here on and off in the 1970's. I have worked all my life to survive and I would like to give something back to the people of Thailand.

[thaiphoon]

Q3: NO criminal background check required for either, either here in Thailand or in your home country.

Police report is not required if appying for extension of stay based on retirement in Thailand, but is required (together with medical certificate) if applying for Non O-A visa in home country or country of permanent residence.

[InterestedObserver]

I thought that a background check was necessary for one or the other, I may be confusing that with a work permit. Thanks for your input. I go to Issan to meet her brothers and sisters in a month, when I finish Thai Language school here in Bangkok. Her parents are dead.

Medical certificate and police background check required for a non-immigrant "O-A" retirement visa from your home country.

[chiang mai]

I'm tempted to suggest that the benefit of the retirement visa over its alternative is that you don't have to have a wife, altogether a much better idea I reckon. Seriously though, a RV leaves you self reliant and not dependant upon someone else for your right to stay in Thailand.

Very good point and I am very independent but at 59 am ready to settle down. I would like to someway contribute to the universe, possibly teaching on the cuff, not for money. I spent a lot of time here on and off in the 1970's. I have worked all my life to survive and I would like to give something back to the people of Thailand.

I'm 60, settled down and still think the RV is better for the reasons stated, but each to their own.

[Colabamumbai]

To obtain a non immigrant OA visa (retirement) in home country would require both police check and medical check. But extensions of visa that take place in Thailand would not require these for retirement or marriage is what poster is saying.

Thanks for your reply Lopburi. I know that you are very good at answering and clarifying questions as I have read many of your replies to other posters since I joined. Thanks for helping me out and all the posters whose questions that you have answered, thanks for the interest and time that you have taken.

[Colabamumbai]

Ok, i'll ask the obvious question.......why are you "leaving the country every 90 days" when you are on an Ed visa?

You only have to apply for extensions every 90 days...........at your local Immigration office, as far as i know

Students who enroll at our school in a one year course are eligible to apply for a one year non-immigrant ED visa. With this visa you do not have to leave Thailand every now and then but can stay here continually for one year. On arrival you will be permitted to stay for 90 days and then with a paperwork provided by our school you will be able to extend your stay every 90 days at the local immigration office for the duration of the course. At present extensions cost 1,900 Baht. You can enjoy studying Thai and at the same time not worrying about making any visa runs.

*Edited to paste the relative info from the website of one of the sponsors here (who will, no doubt chip in with much the same as i am saying)

Penkoprod

Yes but then you are committed to staying in your school for one year.?

[DTiger]

1. No divorce required, she was never legally married.

Registration has nothing to do with "legally" married here, sorry. In fact most thai never register their marriage!

OP, if you want your future marriage to be official also in Canada, Canadian embassy may (some countries do, some don't) need a "single certificate" from your future wife. As you will have to prove you're single to thai authorities.

[Thanyaburi Mac]

1. No divorce required, she was never legally married.

Registration has nothing to do with "legally" married here, sorry. In fact most thai never register their marriage!

OP, if you want your future marriage to be official also in Canada, Canadian embassy may (some countries do, some don't) need a "single certificate" from your future wife. As you will have to prove you're single to thai authorities.

Sorry, Dtiger, while you're correct that many to most Thai don't "register" their marriage at the local amphur, must say, tho, that they are then NOT legally married per Thai law.

Look it up.

Common law, eg not registered, marriages do, however have some status here regarding $$$, children, inheritance, and some other stuff, but a registered marriage has much more.

Mac

[chiang mai]

1. No divorce required, she was never legally married.

Registration has nothing to do with "legally" married here, sorry. In fact most thai never register their marriage!

OP, if you want your future marriage to be official also in Canada, Canadian embassy may (some countries do, some don't) need a "single certificate" from your future wife. As you will have to prove you're single to thai authorities.

Sorry, Dtiger, while you're correct that many to most Thai don't "register" their marriage at the local amphur, must say, tho, that they are then NOT legally married per Thai law.

Look it up.

Common law, eg not registered, marriages do, however have some status here regarding $$$, children, inheritance, and some other stuff, but a registered marriage has much more.

Mac

Is the correct answer.

[TerryLH]

" I would like to someway contribute to the universe, possibly teaching on the cuff, not for money."

Working, even as a volunteer where no money changes hands, requires a Work Permit.

You will not get a work permit on a retirement visa/extension.

You can get a work permit on a Non O visa/extension based on marriage.

[DTiger]

Common law, eg not registered, marriages do, however have some status here regarding $$, children, inheritance, and some other stuff, but a registered marriage has much more.

I'd be glad to learn what a registered marriage "has more", and share that knowledge with the thai people I know and I checked that question with.

Except of course that it offers you the only way to really divorce :-)

[gotlost]

Common law, eg not registered, marriages do, however have some status here regarding $$, children, inheritance, and some other stuff, but a registered marriage has much more.

I'd be glad to learn what a registered marriage "has more", and share that knowledge with the thai people I know and I checked that question with.

Except of course that it offers you the only way to really divorce :-)

Common law is not recognized until you live together for 5 Years.

[lopburi3]

There is no common law marriage. The only legal marriage is that registered at a District Office if performed inside Thailand. And the advantage/disadvantage is legal common property status and for foreigners the ability to extend there stay at Immigration.

[antony77]

" I would like to someway contribute to the universe, possibly teaching on the cuff, not for money."

Working, even as a volunteer where no money changes hands, requires a Work Permit.

You will not get a work permit on a retirement visa/extension.

You can get a work permit on a Non O visa/extension based on marriage.

join the rotary club . they do a lot of charity work

[InterestedObserver]

There is no common law marriage. The only legal marriage is that registered at a District Office if performed inside Thailand. And the advantage/disadvantage is legal common property status and for foreigners the ability to extend there stay at Immigration.

Correct. Registered at the local Amphur is the only legal marriage recognized in the Thai Civil and Commercial Code. Unlawful (common law) marriage is referred to in the Land Code Act, Ministry of Interior regulations that govern farang wives buying land.

[cardinalblue]

The story about the marriage has to be taken with a grain of salt..If she didn't register the marriage, is she then married? need to seek legal advice on that one...need to r/o all fishiness

I would go with retirement visa b/c it is simpler involving only you; lets say you get the marriage visa to find out she is married thus invalidating you marriage visa and you would be up a creek until sorted out. Think how they would view you next time you applied for a marrige visa? With a red flag...

keep it simple and get the retirement visa and then you have no worries should your relationship go south or she is in fact already married...

CB

[Gary A]

The benefit of the marriage extension is that it makes the retirement extension even easier. Each time they nit pick my retirement documents, I tell them that since I have to come back anyways, I'll just apply for the support extension. It's amazing how quickly they overlook whatever little problem they had. This last time, I missed a copy of one of the pages of my passport. They made that copy right in the immigration office. That little bit of leverage is the only benefit I know of.

If they keep all the copies of my passport, my file must be 6 inches thick. Where I go, they require a copy of every passport page even for 90 day check ins. This last time is also the first time I did not have to have the medical statement.

[lopburi3]

The story about the marriage has to be taken with a grain of salt..If she didn't register the marriage, is she then married? need to seek legal advice on that one...need to r/o all fishiness

I would go with retirement visa b/c it is simpler involving only you; lets say you get the marriage visa to find out she is married thus invalidating you marriage visa and you would be up a creek until sorted out. Think how they would view you next time you applied for a marrige visa? With a red flag...

keep it simple and get the retirement visa and then you have no worries should your relationship go south or she is in fact already married...

CB

No he does not need to seek legal advise and he will never get a marriage extension of stay/visa without a legal marriage. Her status will be checked before any marriage is registered.