Visa Status After Divorce

[equinox]

First post... so sorry if a combine a couple of different questions as they are all related:

Brief background, 49yrs, married 11yrs to Thai, 1 child, here on continuous annual 1yr extensions. Hopefully I will be getting my "final" 1yr extension of stay marriage this coming Friday... and before this extension expires next year (April 2011) I will already have turned 50 of course.

So, my questions are:

1. I understand that if I divorce (say on the following Monday) this permission of stay is immediately canceled. If so, by who and how exactly? Is the local Amphur office somehow connected with the local IO? Or would it just be a technicality that once I am divorced, I am supposed to leave the country of my own accord as permission is now void?

Advice from those who have been in a similar situation or definitive answers would be appreciated.

2. My intention is to apply for a long term multi OA once I am 50yrs. Am I correct to understand this must be applied for in my home country? and this will essentially allow me 1yr +1 yr (if used wisely/correctly) and without the need for an initial Bht 800k in a Thai bank... and that this is only required when it is first extended for the 3rd year at the IO?

3. And lastly, after our "uncontested" divorce and as we will both joint custody of our child, am I entitled to an extension of stay based on 7.17/5 or in other words no need to bank Bht 800k or is this one of those rules that in reality the IO will not allow. I should add my soon to be ex-wife and child will be in different parts of the country.

Thanks in advance :-)

[Mario2008]

1. The cancellation would be automatic, as your reason to stay no longer exists. If immigration will find out is another matter.

If you will stay with oyur child that might be reason to stay in thailand.

2. an O-A visa can only be applied for in your home country or country of residence. It would still require you to have the money, bt doesn't have to be in a Thai bank acocunt.

You can just ask for an extension of stay in Thailand without leaving the country, provided you show: 65,000 income per month (can be from abroad) OR 800,000 in a Thai bank account for 3 months OR a combination of yearly income and money in the bank totaling 800,00.

3. You use the old immigration rules. Now you require the same income or money in the bank as in the cae of marriage to a Thai national.

[equinox]

Thanks Mario2008... clearer now on 3. and 2. but still in the dark re: 1

Like I said, I realize it will be void... but does anyone know what actually happens and HOW is it automatically cancelled... do the Amphur stamp something in my passport? Or is the onus on me to leave/and or seek another "type" of visa or permission to stay... or are you really saying don't worry about it?

[malomker]

or are you really saying don't worry about it?

It sounds like you should explore whether getting a visa based on having a Thai child in your custody is more advantageous than a retirement visa. There's another post on this forum regarding that.

[Douggie Style]

Thanks Mario2008... clearer now on 3. and 2. but still in the dark re: 1

Like I said, I realize it will be void... but does anyone know what actually happens and HOW is it automatically cancelled... do the Amphur stamp something in my passport? Or is the onus on me to leave/and or seek another "type" of visa or permission to stay... or are you really saying don't worry about it?

Hi Equinox...Not sure if the same in Thailand...but in Australia in a similar situation if would take some administrative 'effort' to give practical effect to the cancellation...ie if the grounds for the visa no longer existed and the law states if is automatically cancelled (assume no review rights etc) well it may be cancelled in the law but this would be given practical effect when it came to the attention of the immigration authorities eg when leaving the country, when visiting a immigration office, random search, some type of alert program on their computers or otherwise came to their attention...i suspect this is similar in most places although the visa may cease in law practically it would have to come on the radar....this is only the general proposition

[rodcourt49]

I went through that process about 4 years ago..25 baht for the divorce.. and then you had only 1 week to change the status of your Visa/extension. The Amphur DID inform Immigration. I then had to do two Mae Sai border runs to give me a clear 21 days to change my visa status as I then was applying for a WP. To get the correct stamp after proving I had 21 clear days remaining I had to come back to CNX Immig. to see the kind level 2 officer who opened her drawers and showed me..her stamp..waved it at me and said "But I can't give it to you..you have to go to BKK for it". Why do this to us!

Edited April 28, 2010 by rodcourt49

[Dave the Dude]

Fairly recently, a friend of mine divorced and was told by Immigration not to worry until the current visa extention expires?

[equinox]

It sounds like you should explore whether getting a visa based on having a Thai child in your custody is more advantageous than a retirement visa. There's another post on this forum regarding that.

Thanks Malomker.

But easier said than done... my current IO at Samutprakarn (we were forced to use 2 years ago instead of Bkk) are an absolute nightmare, extremely unhelpful and to be honest are just complete B-astards!

Note: 10yrs of doing annual extensions at Suan Plu, Bangkok never a problem... quick, helpful, and friendly service. (the good old days indeed )

[equinox]

Thanks Mario2008... clearer now on 3. and 2. but still in the dark re: 1

Like I said, I realize it will be void... but does anyone know what actually happens and HOW is it automatically cancelled... do the Amphur stamp something in my passport? Or is the onus on me to leave/and or seek another "type" of visa or permission to stay... or are you really saying don't worry about it?

Hi Equinox...Not sure if the same in Thailand...but in Australia in a similar situation if would take some administrative 'effort' to give practical effect to the cancellation...ie if the grounds for the visa no longer existed and the law states if is automatically cancelled (assume no review rights etc) well it may be cancelled in the law but this would be given practical effect when it came to the attention of the immigration authorities eg when leaving the country, when visiting a immigration office, random search, some type of alert program on their computers or otherwise came to their attention...i suspect this is similar in most places although the visa may cease in law practically it would have to come on the radar....this is only the general proposition

Thanks Dougie This is basically what I was assuming... I was just hoping out of the many TV members... someone had actually "been there, done that", and could tell me definitively what happens at the Amphur with regards to my passport, stamps etc. Perhaps I should post this specific question on the Family and Home section. Anyway, "until" I divorce (plan was actually for next year when 50) I "will" be on the correct permission to stay.

[equinox]

I went through that process about 4 years ago..25 baht for the divorce.. and then you had only 1 week to change the status of your Visa/extension. The Amphur DID inform Immigration. (snip)

Thanks Rodcourt49

So to be clear... the Amphur literally stamp and/or attach something in your passport saying now valid for only 1 week? Or just "tell" you to go back to your IO to change it - as they will be informing the IO?

[equinox]

Fairly recently, a friend of mine divorced and was told by Immigration not to worry until the current visa extention expires?

Thanks Dave the Dude.

So it sounds like diff rules at diff Amphurs (just like the IO's !) as that contradicts what rodcourt49 was saying.

Oh well, maybe best to wait a few more months to do the deed. Trouble is it's taken 4yrs to get her to agree to an uncontested divorce... if we delay, she might change her mind again. Hmmm

[Mario2008]

I on't know if immigration will be informed by the amhur, never heard about that. But you have to leave the same day when your divorce comes through. As of oct. 2006 there is no more 7 day grace period. You now have to go to immmigration and pay for a 7 day consideration.