Visa Change - Death Of Wife

[Just1Voice]

Ok, this may have been covered somewhere else, but if so, can't find it.

I'm 61 and my wife is 51, and we have both made all necessary arrangements for the eventuality of us dying; insurance papers, bank accounts, etc. However the one question we both have, and don't have an answer to is this.

I currently have a Non-O with Marriage Extension. If she dies first, would I be able to maintain the Non-O with a "family extension" (if there is such a things), considering that I legally adopted her son, who is a 28 yr old Thai national, and he even legally changed his last name to mine out of respect for me. Or would I have to change to the 1 year Non-O with multiple entry as the only way I could stay in Thailand?

For reasons I don't really want to get into at the present time I can't go the Retirement Visa route, and would need another option.

Any information would be appreciated.

Thanks

[lopburi3]

There would not be any extension available but retirement; as family extensions end at age 20. You would not be likely to obtain a multi entry non immigrant O visa for family in the local area as single entry seems to be normal with expectation you will extend so you might have to return to home country to get. Another option would be education.

[BAYBOY]

Lopburi 3.

What would be the situation if theThai wife died and the foreign husband wished to stay in Thailand and they have a child aged 10?

The retirement situation would not be an option as the husband is still active in the work place.

BAYBOY

[Rama]

No problem. Your legally adapted son can sponsor you for a visa. In Thailand, children take care of their parents.

[Eclipse]

No problem. Your legally adapted son can sponsor you for a visa. In Thailand, children take care of their parents.

Wrong.

The father would have to apply for an extension of stay for reason of having a Thai Family member.

400,000 Baht in bank OR 40,000 Baht monthly income.

[Just1Voice]

No problem. Your legally adapted son can sponsor you for a visa. In Thailand, children take care of their parents.

Wrong.

The father would have to apply for an extension of stay for reason of having a Thai Family member.

400,000 Baht in bank OR 40,000 Baht monthly income.

Ok, the 40,000 a month is no problem, as I have more than double that. So does that mean my son would be able to "sponsor" me? The underlying factor in this is that our house & car are both in his name, even though I'm the one paying for everything. We did it that way intentionally in order to help establish and build a good credit rating for him. He's a good kid, teaches at a local tech university, and is going for his Master's Degree. I just want to make sure that if my wife dies first, I'm able to stay here and continue to take care of things, and looking for ways to do that.

[touch]

There would not be any extension available but retirement; as family extensions end at age 20. You would not be likely to obtain a multi entry non immigrant O visa for family in the local area as single entry seems to be normal with expectation you will extend so you might have to return to home country to get. Another option would be education.

@lopburi3

Do you mean that extension with "Thai Child" as grounds, cease to be viable after child reaches the age of 20?

It doesn't say anything about age in the law, and if you are talking about "age of majority", that hardly means that your child is no longer your child.

Or have I misunderstood this?

Pls expand

thanks

//t

[luckyluke]

"Ok, the 40,000 a month is no problem, as I have more than double that."

xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx

So you can apply for a "Retirement Visa" based on monthly income ( 65.000 ThB) according to me.

[Eclipse]

12 Month Extensions for Retirement.

(1) The alien has obtained a temporary visa (NON-IM);

(2) The applicant is 50 years of age or over;

(3) Proof of income of not less than Baht 65,000 per month; or

(4) Account deposit with a bank in Thailand of not less than

800,000 Baht as shown in the bank account for the past 3 months at the filing date of the application. For the first year, the applicant should have that amount in his bank account for not less than 60 days or

(5) Annual income plus bank account deposit totaling not less

than Baht 800,000 as of the filing date of application.

12 Month Extensions for Thai Family Member.

(1) The alien has obtained a temporary visa (NON-IM)

(2) Proof of family relationship

(3) In the case of a spouse, the marital relationship shall be de

jure (legitimate) and de facto;

(4) In the case of a child, adopted child or child of his/her spouse, the said person must not be married, must be living with the family, and must be less than 20 years of age; or

(5) In the case of a parent, one of parents must have an average annual income of not less than 40,000 baht per month or a money deposit of not less than 400,000 baht for expenses within a year.

Edited September 5, 2010 by Eclipse

[mca]

There would not be any extension available but retirement; as family extensions end at age 20. You would not be likely to obtain a multi entry non immigrant O visa for family in the local area as single entry seems to be normal with expectation you will extend so you might have to return to home country to get. Another option would be education.

@lopburi3

Do you mean that extension with "Thai Child" as grounds, cease to be viable after child reaches the age of 20?

It doesn't say anything about age in the law, and if you are talking about "age of majority", that hardly means that your child is no longer your child.

Or have I misunderstood this?

Pls expand

thanks

//t

"Child" being a term used for somebody who is not legally an adult and not just being the son or daughter of a person.

Basically it's to ensure that in the tragic event of a non-Thai's spouse dying then the father or mother doesn't have to get out of Thailand leaving a child there without a parent.

Edited September 5, 2010 by mca

[billd766]

At the moment I am on a retirement extension.

Would it be better at my next renewal to change to a marriage extension as a sort of "just in case"?

[touch]

There would not be any extension available but retirement; as family extensions end at age 20. You would not be likely to obtain a multi entry non immigrant O visa for family in the local area as single entry seems to be normal with expectation you will extend so you might have to return to home country to get. Another option would be education.

@lopburi3

Do you mean that extension with "Thai Child" as grounds, cease to be viable after child reaches the age of 20?

It doesn't say anything about age in the law, and if you are talking about "age of majority", that hardly means that your child is no longer your child.

Or have I misunderstood this?

Pls expand

thanks

//t

"Child" being a term used for somebody who is not legally an adult and not just being the son or daughter of a person.

Basically it's to ensure that in the tragic event of a non-Thai's spouse dying then the father or mother doesn't have to get out of Thailand leaving a child there without a parent.

Hmmmmm, what the OP is asking about is if he can stay on in the grounds of him being the parent of his child.

And in

"(5) In the case of a parent, one of parents must have an average annual income of not less than 40,000 baht per month or a money deposit of not less than 400,000 baht for expenses within a year. "

there is no mention of age.

That was my question to lop3

//t

[Eclipse]

There would not be any extension available but retirement; as family extensions end at age 20. You would not be likely to obtain a multi entry non immigrant O visa for family in the local area as single entry seems to be normal with expectation you will extend so you might have to return to home country to get. Another option would be education.

@lopburi3

Do you mean that extension with "Thai Child" as grounds, cease to be viable after child reaches the age of 20?

It doesn't say anything about age in the law, and if you are talking about "age of majority", that hardly means that your child is no longer your child.

Or have I misunderstood this?

Pls expand

thanks

//t

"Child" being a term used for somebody who is not legally an adult and not just being the son or daughter of a person.

Basically it's to ensure that in the tragic event of a non-Thai's spouse dying then the father or mother doesn't have to get out of Thailand leaving a child there without a parent.

Hmmmmm, what the OP is asking about is if he can stay on in the grounds of him being the parent of his child.

And in

"(5) In the case of a parent, one of parents must have an average annual income of not less than 40,000 baht per month or a money deposit of not less than 400,000 baht for expenses within a year. "

there is no mention of age.

That was my question to lop3

//t

Correct. There is no mention of age.

[touch]

Actually, there is no mention of "child" either, only "parent". That should make it improbable that there is an age restriction.

//t

[lopburi3]

Correct. Misread as child requirement (being child) as the two items are linked in regulations (Police Order 777/2551 para 2.18 sub paras 4/5). Should be the same financial requirements as spouse extension of stay.

[Just1Voice]

Correct - it should remain the same as spouse. I had misread it. It may require child live with parent however.

The "child" living with the parent (me) is not a problem, as that is the case. So, if I'm reading all this correctly:

1) I have to show an income of at least 40,000 baht a month - No problem.

2) The "child" should be living with me - No problem.

I can also provide financial records to show that I am the one whose income is actually paying for everything if need be.

[lopburi3]

I would advise you both asking this question of a senior Immigration officer in the context of planning. Point out you are not the blood parent but have formally adopted the child. There is no provision for stepparent in the regulations and not sure if formal adoption will be considered as parent or of they would require blood parent for that definition; but there is room for interpretation, I suspect, and older age can be very helpful in that regard.

[Just1Voice]

I would advise you both asking this question of a senior Immigration officer in the context of planning. Point out you are not the blood parent but have formally adopted the child. There is no provision for stepparent in the regulations and not sure if formal adoption will be considered as parent or of they would require blood parent for that definition; but there is room for interpretation, I suspect, and older age can be very helpful in that regard.

Yeah, that's the next step. We actually have one who is somewhat of a friend, and who has helped us in the past. He got transferred from CM to Chiang Rai, but said call him if we have any problems. We'll call today and see what he says.

Thanks all.

[billd766]

Can you please share the info as it is a small (at the moment) concern to me and possibly others as well.

Thanks

[Just1Voice]

I'll try to get my wife to call him tomorrow. As soon she finds out anything, I will post it here

[Sunny Valentine]

Technically speaking, I understand that the extension of stay based on supporting wife in Thailand expires upon the Death of the wife. Now, how is this handled in terms of timing? Is this the same as with termination of a job, i.e. expires immediately on the day of death?

[lopburi3]

That is not the subject being discussed but yes it ends immediately and currently we are signing general paperwork to make us aware that "end of purpose" means "end of extension".

That said do not believe anyone is checking death rolls or suggesting you would be forced to leave immediately.

[astral]

We are not talking about a child here, the son is 28 years old.

However I am sure there is a provision for a son to sponsor a foreign parent.

I have met an American lady, who had been married to a Thai.

Later her eldest daughter (thai) was sponsoring her for her visa.

I do not know the details, and have lost touch so cannot check.

[lopburi3]

We are talking about a parent of a Thai. They can extend with the normal 400k/40k requirement of a spouse under current Police Order 777/2551. Under the previous order they were allowed to stay with child without financial test but that changed with current regulations.

[billd766]

I'll try to get my wife to call him tomorrow. As soon she finds out anything, I will post it here

Thank you for that.

[sawati]

So if my thai wife dies i can still live in Thailand with my thai daugther (23 years old) and the same money in the bank ...400.000baht.Is that correct?.

Many thanks

[lopburi3]

Yes, parent of Thai are same financial requirements as for spouse.

[SM7WGP]

You could apply for a permanent resident stay as married to a Thai wife it will cost 97000 bathe but its less then 800k or 400k married in the bank every year.

and you do not to Hazel with the immigration every year.

Edited September 12, 2010 by SM7WGP

[billd766]

You could apply for a permanent resident stay as married to a Thai wife it will cost 97000 bathe but its less then 800k or 400k married in the bank every year.

and you do not to Hazel with the immigration every year.

What are the regulations for that?

[asiawatcher]

Why not go for PR?