Change From Marriage To Retirement Visa

[PMK]

Hi,

Apologies - I know this has been covered before, but I can't find the posts. I want to change from married to a retirement visa.

My questions are:

- can I do it within Thailand, and if not what is my best option without going back to my home country? Like could I apply from Malaysia?

- My marriage visa does not expire for another 8 months. When should I apply?

- Do I need anything other than 800K in the bank or a combination of income and bank deposit to 800K, med. certificate, letter from Embassy as to no criminal record, photos and application?

- Does the 800 K have to be in the bank for 3 months or is it 4, and are they really strict about that?

- Is the application likely to go smoother if I apply in the same office as the marriage visa was granted, or does it not make a difference?

Thanks a lot!

[Lite Beer]

Apply a month before your present extension finishes.

Financial evidence. Money in the bank only, 3 months.

Combination of income and money in the bank, no need to season the bank deposit.

No need for medical and police report.

Apply at your local Immigration Office.

[lopburi3]

If you are actually on a 90 day visa entry do during the last 30 days of any entry. Current 4x6cm photo and copies of passport/visa/arrival stamps/departure card/TM.7 and 1,900 baht plus financial proof in Thai account 2 months (if first extension) with bank letter of balance and copies of passbook.

[PMK]

You guys are incredible. LB, Lopburi3, and all the others who are always there when we need them. I don't know what we would all do without you. I want to thank you here and now for the non-stop advice you give day after day answering questions old and new, never running out of patience. Maybe incredible is a bad choice of words, as your advice and information is always credible!

[jfchandler]

PMK, I'm guessing from your post that you are staying inside Thailand now and currently are on a marriage-based extension of stay, and want to change to a retirement-based extension of stay--not visas. Extensions of stay are one-year-at-a-time permissions obtained from Thai Immigration inside Thailand.

Visas are issued by Thai consulates outside the Kingdom. The rules associated with visas and extensions are different. You can apply for an O-A non-immigrant visa based on retirement outside Thailand at one of the Thai consulates. But that's where a medical certificate and police check can be required, and is a more difficult, involved process, and usually unnecessary for someone already residing in Thailand.

The preferable approach for someone already inside Thailand is to obtain a new extension of stay, even if that be changing from marriage-based to retirement-based one, inside Thailand at Immigration in the final month before your current extension of stay expires.

Normally, if you're satisfying the extension of stay income requirement thru 800,000 baht deposited in a Thai bank account, that money must have been on deposit or "seasoned" two months prior for your first extension and three months prior for all subsequent extensions.

But an interesting question--that I don't recall having seen an answer to before--is does the count for extensions reset to "first" if you're getting your first extension based on retirement, and thus the two month period apply??? Or, Immigration would say you've already had prior marriage based extensions, so they'll require the three months of seasoning, even though it's your first retirement-based extension. I'm guessing they'd require three months.

If you satisfy the income requirement thru a home country Consulate-issued letter documenting at least 65,000 baht in monthly income from any sources, then there's no bank deposits or funds seasoning required. Likewise, if you satisfy the income requirement thru any combination of an income letter for less than 65,000 baht and the remainder thru Thai bank deposits, then no seasoning requirement applies.

If you do end up applying in a way that involves Thai bank deposits, Thai Immigration generally is VERY strict about enforcing the two or three month seasoning requirement prior to the time of your application. You don't want to come up short there. Better to leave some time to spare, if you can.

Perhaps you can confirm here just what your current status is, since your original post was a bit unclear. Much of what you talked about seemed to be in reference to obtaining a new visa from outside Thailand.

[PMK]

Perhaps you can confirm here just what your current status is, since your original post was a bit unclear. Much of what you talked about seemed to be in reference to obtaining a new visa from outside Thailand.

Hi, my status is currently in Thailand on a non-imm O married to Thai visa - I guess the correct terminology should be on extension of a non-imm 0 visa. Have been for many years. I want to change to retirement visa. I don't want to leave Thailand unless it is absolutely necessary.

Edited August 9, 2010 by PMK

[lopburi3]

There is no need to leave - you just present the financials for retirement and request that next time. They may ask to have your wife sign that she understands the change in status (they did in my case a few years ago) but other that that should be painless and less paperwork and immediate.

[jfchandler]

The non-imm. visas issued outside Thailand are only good for the initial year, plus the last 90 day permission to stay stamp you receive. To obtain a new visa, you would have had to have gone outside Thailand and applied at a Thai consulate.

So it sounds instead that you indeed are on an annual extension of stay -- not visa -- based on marriage. And that you've had several prior marriage based extensions that followed your original visa.

It's not difficult or complicated to change your status by applying at Immigration for a new extension of stay, based on retirement, during the final month before your current extension of stay expires.

Generally, the Immigration offices prefer to handle retirement extensions vs. marriage-based extensions, because the retirement based extensions are less complicated for them -- even though more $ of income proof is required of the applicant.

So follow the guidance above re obtaining a retirement based extension of stay. You would apply at the Immigration office that covers the area where you live. For the BKK metro area, that's Chaeng Wattana... You don't get to pick and choose. You go to the one that has jurisdiction over where you live.

Nothing about applying for an extension involves going back to your home country or outside of Thailand. There are no medical or police checks involved. You need to fill out the proper application form, provide copies of the things mentioned above, be at least 50 years of age to qualify for a retirement extension, and meet the income requirement in one of the three different ways described above.

Also, if you have any expectation of needing or wanting to travel outside Thailand anytime during the year of your new (future) extension, you should consider applying for a single or multiple-entry re-entry permit, which can be done in the same office at the same time...albeit with a different application form.

Unlike a visa, when someone is on an extension of stay, if they leave Thailand without a valid re-entry permit, their extension of stay is immediately voided and you'd need to start the application process all over again.

[PMK]

OK, guys, I think I got it! As tomorrow should be divorce day, my focus on this is not as strong as it might be so I'll have a second look in a few days.

One thing, though, that was touched on that I've wondered about for a long time. When I got the married visa, I lived in Pattaya, and have always gone back there for my extensions. Now I live in Sattahip, and I am wondering about the Mataphut office. Couldn't they also issue the retirement extension?

[Mario2008]

The day you divorce is the day your extension ends and should be canceleld at immirgation. You than either apply for a 7 day extension or a 1 year extension based on retirement, with all the necesarry documents.

You have to go to the office for the area where you live, but you might ned to cancel at the office where you applied. Contact mathaput to see what they want you to do.

[jfchandler]

I believe you should go to the office that has jurisdiction over Sattahip...if that's where you are currently living. I don't know which office that is... You can always call and check with your local office to confirm, prior to going there.

I don't think it matters that you lived in a different area previously when you had the marriage visa/extensions.

You're asked to list your current address on the Consulate income letter and on your 90-day report application. If you went to the wrong office for the area where you live, they'd probably tell you to go and file instead at the correct local office. But in Thailand, you never know...until you find out.

OK, guys, I think I got it! As tomorrow should be divorce day, my focus on this is not as strong as it might be so I'll have a second look in a few days.

One thing, though, that was touched on that I've wondered about for a long time. When I got the married visa, I lived in Pattaya, and have always gone back there for my extensions. Now I live in Sattahip, and I am wondering about the Mataphut office. Couldn't they also issue the retirement extension?

[jfchandler]

Ahh... that's an interesting point no one mentioned before, Mario...

A legal divorce, on the date it's effective, cancels/invalidates a year-long extension of stay???

I'm not married... But, I don't know I'd ever heard that before... Good to know...

Makes it kind of tough potentially if you have any bank funds that require seasoning, and one hasn't planned ahead on that score.

The day you divorce is the day your extension ends and should be canceleld at immirgation. You than either apply for a 7 day extension or a 1 year extension based on retirement, with all the necesarry documents.

You have to go to the office for the area where you live, but you might ned to cancel at the office where you applied. Contact mathaput to see what they want you to do.

[lopburi3]

That extra tidbit changes everything. Your extension of stay ends when the reason ends so you will need to obtain a 7 day extension of stay and apply for retirement now if you can meet conditions. If not you need to exit Thailand and try to obtain a single entry non immigrant O visa for a new 90 day stay and 60 days later (when meeting financials) you can extend. If unable to obtain such visa on basis of your age and intending to retire you can obtain tourist visa entry to tide you over until funds are available and then convert inside Thailand for 2,000 baht.

[jfchandler]

The above complication is a good illustration, in these divorce-prone times, of why a retirement extension might be preferable over a marriage based one...for those who have the ability to choose between the two.

Yes, the income threshhold required for a retirement extension is higher... 65,000 baht per month vs. 40,000 baht for marriage...

But at least, once you've reached age 50, you know you're never going to cross back to the other side of that threshhold. The only thing you have to worry about is keeping up with the income requirements...

And now that we're on that subject, I'm guessing the same complication would arise if someone on retirement extension had the misfortune of having their Thai wife die...by accident, crime or any other means. The basis for your extension ends with the life of your wife? True???

If I ever suffered that kind of misfortune, the last thing I'd want to be thinking about in that time would be fiddling with 7 day emergency extensions and reapplying based on retirement or even having to leave the country to apply for a new visa.

[Mario2008]

Of course not on an extension based on retirement, but on an extension based on marriage that would indeed be the case, although immigraiton will be more lenient and don't expect you to go to them right away and cancel your stay.

But the extension of stay needs to be cancelled all the same. Some will qualify on the basis of their Thai children. others will need to get an extension of stay based on retirement, go back to school or do 90 day border runs with a multipe non-O, etc.

[powderpuff]

Immigration have no way of knowing you got divorced.

Change the extension as soon as is practical.

[Mario2008]

Immigration have no way of knowing you got divorced.

Change the extension as soon as is practical.

On his next extension they might ask why he doesn't go for an extension of stay based on marriage. Some immirgation offices even will call the misses to see if she agrees to her husband getting an extension of stay based on retirement.

In short, they might find out and fine him for overstay, with a maximum of 20,000 baht.

[powderpuff]

The preferable approach for someone already inside Thailand is to obtain a new extension of stay, even if that be changing from marriage-based to retirement-based one, inside Thailand at Immigration in the final month before your current extension of stay expires.

AND AT THE IMMIGRATION POLICE OFFICE THAT SERVES THE DISTRICT YOU LIVE IN.

There was a requirement for you to advise them of a change of address which I guess you didn't do.

[lopburi3]

He intends to stay here - immigration will likely find out. In my personal experience they would not change from marriage to retirement without a visit from wife so know for a fact they would have found out if I had divorced.

[jfchandler]

I don't really want to go down this road... but in a pinch...

If one happened to divorce from a wife and yet remain on reasonably good terms, could the lady do something in the process that would enable the renewal based on marriage for one more year...and at least give the guy a chance to sort out his affairs (bad word), if need be???

[lopburi3]

Not legally I suspect as she is required to sign paperwork as legal wife.

[Lite Beer]

could the lady do something in the process that would enable the renewal based on marriage for one more year.

Only if she were prepared to lie and sign the affidavit that the Wife has to sign.

Edited August 9, 2010 by Lite Beer

[PMK]

The preferable approach for someone already inside Thailand is to obtain a new extension of stay, even if that be changing from marriage-based to retirement-based one, inside Thailand at Immigration in the final month before your current extension of stay expires.

AND AT THE IMMIGRATION POLICE OFFICE THAT SERVES THE DISTRICT YOU LIVE IN.

There was a requirement for you to advise them of a change of address which I guess you didn't do.

They had my current address on the application, and a map to it, with every extension.

[PMK]

That extra tidbit changes everything. Your extension of stay ends when the reason ends so you will need to obtain a 7 day extension of stay and apply for retirement now if you can meet conditions. If not you need to exit Thailand and try to obtain a single entry non immigrant O visa for a new 90 day stay and 60 days later (when meeting financials) you can extend.

Do you know if that can be done at the Thai Embassy in Malaysia?

Thanks!

Edited August 10, 2010 by PMK

[PMK]

Immigration have no way of knowing you got divorced.

Change the extension as soon as is practical.

On his next extension they might ask why he doesn't go for an extension of stay based on marriage. Some immirgation offices even will call the misses to see if she agrees to her husband getting an extension of stay based on retirement.

In short, they might find out and fine him for overstay, with a maximum of 20,000 baht.

I could handle the 20K fine as long as they then gave me the retirement extension! What are the chances of that?

[Mario2008]

That is difficult to say, probably they will fine you and you have to leave the country to get a new visa as you no longer have a permission to stay.

If it would only be a few days, to might just let you pay the fine and give the extension.

Edit:

getting a Non-immigrant O visa in a neighboring country will be fine and the best.