What extension of stay can I apply for?

[Briandajew]

Any advice on this would be appreciated!

I am currently on a 12 month extension Non Imm O visa, 12 month renewals as I qualify for an extension as being married to a Thai.

However, things have deteriorated and I am expecting to go ahead with a divorce during my current stay.

I have a 12 year old son, who is Thai and I want to be able to support him and he wants to be with me, we intend to spend some time in China as I work there, but my home will be with him in Thailand.

Once the divorce comes through, does anyone know what my options would be to remain in Thailand with the yearly extension? What rules, finances would I need to meet to continue to live there with my son but no longer married to a Thai.

I am not old enough just to go straight for a retirement visa, that is 2 years away, anyone know what the immigration would want? I have been here 11 years in my current situation.

Thanks

[Lite Beer]

2.18 In the case of a family

member of a Thai(applicable only to parents, spouse, child, adopted child or child

of his/her spouse):

Permission will be

granted for a period of

not more than 1 year at a time.

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

(2) Proof of family relationship

(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.

[Briandajew]

2.18 In the case of a family

member of a Thai(applicable only to parents, spouse, child, adopted child or child

of his/her spouse):

Permission will be

granted for a period of

not more than 1 year at a time.

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

(2) Proof of family relationship

(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.

Thanks for that! I always thought it had to be down to marriage.

Do you know if the extension can be changed from marriage to supporting a child without too much hassle?

[ubonjoe]

Once divorced you can easily change the reason for your extension. You will need divorce decree giving you custody of your son.

[Briandajew]

Once divorced you can easily change the reason for your extension. You will need divorce decree giving you custody of your son.

Thanks!

Would the courts take into account that my son wants to stay with me or is it always normally in favour of the mother?

[Thanyaburi Mac]

FYI, it's been said here by the experts that your visa extension based on marriage ENDS when the divorce is final.

Not sure about the timing here, but perhaps same day (?) wonder if you could then apply for a new extension based on relationship to your son. Probably wouldn't work.

But, you can, for baht 1,900, get a 7-day block after the divorce to see about other options. As a last resort, head up to Laos, get a new Non-O visa based on your son, and start over.

Mac

[Briandajew]

FYI, it's been said here by the experts that your visa extension based on marriage ENDS when the divorce is final.

Not sure about the timing here, but perhaps same day (?) wonder if you could then apply for a new extension based on relationship to your son. Probably wouldn't work.

But, you can, for baht 1,900, get a 7-day block after the divorce to see about other options. As a last resort, head up to Laos, get a new Non-O visa based on your son, and start over.

Mac

Thanks Mac, I didn't think about that, interesting.

[PoorSucker]

FYI, it's been said here by the experts that your visa extension based on marriage ENDS when the divorce is final.

Not sure about the timing here, but perhaps same day (?) wonder if you could then apply for a new extension based on relationship to your son. Probably wouldn't work.

But, you can, for baht 1,900, get a 7-day block after the divorce to see about other options. As a last resort, head up to Laos, get a new Non-O visa based on your son, and start over.

Mac

Thanks Mac, I didn't think about that, interesting.

You can get a 60 day extension to visit your son for the same price.

From Police order 777/2551

2.24 In the case of an alien visiting a Thai spouse or child:

Permission will be granted for a period of not more than 60 days at a time.

(1) Proof of relationship.

[Mario2008]

Once divorced you can easily change the reason for your extension. You will need divorce decree giving you custody of your son.

Thanks!

Would the courts take into account that my son wants to stay with me or is it always normally in favour of the mother?

The court decide in favour of the child and you will get shared custody over the child with the mother. Only question is who will be the prime care taker. If you plan to work in China, the mother has the best cards. it would disrupt the education of your child. But you can ty to work out a deal with the mother, judges prefer that.

[ubonjoe]

In reality most divorces are done 100% at the Amphoe with no need for a court.

If both parties are in agreement. That agreement is put on paper signed, witnessed, stamped and becomes part of the divorce decree. The agreement can include assets, property, child custody, child/spousal support and etc.

My understanding that all the court does is settle the disagreements and it's order is taken to the Amphoe for actual divorce decree.

Joint custody should be enough for the OP to get the extension.

I think immigration would give you a few days to get a new extension done. It is not the same as when you loose a job.

[Mario2008]

A court decision must be entered into the register at the amphur before it takes effect. You can be divorced at the court, but until registered at the amphur so people can check the marriage/divorce register one still stays for example liable for debts of the other spouse.

Otherwise third parties cannot know that one is now divorced as the official registers show one as married.

[OJAS]

A court decision must be entered into the register at the amphur before it takes effect. You can be divorced at the court, but until registered at the amphur so people can check the marriage/divorce register one still stays for example liable for debts of the other spouse.

Otherwise third parties cannot know that one is now divorced as the official registers show one as married.

So does this mean that the OP's marriage extension will not lapse until the date when the court divorce decision is recorded in the amphur register? If so, this would presumably buy him some time after the court decision had been confirmed - unless, of course, his local amphur officials were on steroids!