Divorced - What Visa Next?

[Noodles]

Hi

Got divorced today. I have been given sole custody of our son and this is written in the paperwork

from the court and the amphur. I am currently on a Non O multiple based on marriage.

What should I do now and what time frame is there for switching to a new visa? Can I get another Non O?

Thanks

[Mario2008]

If on a non-O multiple entry visa (you leave the country every 90 days) you have to do nothing and can just stay in the country like before.

Getting a new visa might be a bit more problamatic in the region if you want a new multiple non-O. But with proof of you having sole custody that might be possible.

You cna alos get extensions of stay from immirgation, the same rules apply as for based on marriage. Only the money in the bank does not have to be seasoned.

[lopburi3]

You can continue with current visa 90 day entry and new entries until it expires. You may not be able to obtain another multi entry however so you may want to check into one year extensions of stay from immigration if you can meet the financials of 400k/40k (same as marriage but without time in account requirement for bank 400k if using that).

[Noodles]

Ok that is good, so I can stay on my multiple entry visa until it expires in early 2014?

After that I may try an obtain a non o multiple from savanaket as I may not have to show funds

with them?

Thanks for your replies

[lopburi3]

You can try but have only seen reports of issue for marriage - not for child.

[Mario2008]

As said try, but better check early 2014 to see if there are any new reports. A lot can change.

[phuketrichard]

get your one year extension for taking care of ur child when ur current visa is due to expire ( u can go in a month before)

all u need do is go in with the papers showing ur sole custody, Birth certificate an passport if he has one,

same money in bank required,

I did it that way once

easier than getting a new visa ( no travel other than immigration) and cheaper ( only 1,900 baht) plus ur re-entry permits

[Noodles]

Hi again.

I had a thai friend here go speak with my local immigration about my situation, and they informed

her that my non o visa stopped when I got divorced, and that I would be liable for 500 baht per day

overstay if it was discovered at a later stage.

They said that I will need to bring divorce papers etc to immigration to see if I can obtain a non o based

on supporting a child, and it will come to light then, that I have been on the marriage visa while divorced.

As I don't have the funds available at the moment to get the visa for supporting my son, I'm not sure

what I can do?

Thanks

[lopburi3]

If you are on a 90 day visa entry you are not overstay and it did not end - only extensions of stay end (which is what immigration was likely thinking as that is what you get from them). But if you are on an extension of stay (you do not leave country every 90 days for a new entry) then yes you must cancel that extension immediately or are subject to overstay. In that case you would have to exit for a new visa or visa exempt entry immediately after you cancel or extend 7 days at immigration to pack out.

[hellodolly]

Out of curiosity what happens to the child if he is unable to get the visa.

Would he be able to get a passport for the child and go through the hoops what ever country he is from to take the child with him?

[Mario2008]

With sole custody he can aply for a Thai passport for the child.

Other questions depends on the nationality of the child.

[ubonjoe]

If you are on a 90 day visa entry you are not overstay and it did not end - only extensions of stay end (which is what immigration was likely thinking as that is what you get from them).  But if you are on an extension of stay (you do not leave country every 90 days for a new entry) then yes you must cancel that extension immediately or are subject to overstay.  In that case you would have to exit for a new visa or visa exempt entry immediately after you cancel or extend 7 days at immigration to pack out.

But somebody in OP's case could change reason for extension to having a child with no need for a new visa.

Or to any other type of extension they can qualify for.

[geezer2]

is there not a family visa I am sure I have heard someone had one for two years after his thai wife died..and she left two children who he was already looking after..

[sirchai]

You should never wake up sleeping dogs! Nobody would find out that you're divorced, but if any immigration is aware of your personal situation, you'll have to try to get a Non-O based on supporting your child.

Wish you good luck!

Cheers-

[lopburi3]

Actually extension for one year would require financials which he says he does not have at this time.

[Noodles]

Hi

Thanks for your replies, yes I'm on a multiple non o visa so this explains a lot.

My son has English and thai passports, so he is ok.

Thanks again

[Just1Voice]

Depending on Age/Income, if at all possible, I'd change to Retirement Visa. I changed my Marriage to Retirement, and it is sooo much easier to deal with for annual renewals.

[ubonjoe]

is there not a family visa I am sure I have heard someone had one for two years after his thai wife died..and she left two children who he was already looking after..

There is but it is called an extension based on having Thai children.

It is possible to get multiple entry O visa also for same reason.

[bangkokstick]

So it happens in Thailand that foreigners get sole custody of kids ???

[ubonjoe]

Yes and perhaps not all that uncommon.

[Beetlejuice]

May I ask how the OP is financially supporting himself and child in Thailand? And why the mother is not able to share custody and responsibility for this child?

I guess that he is either under 50 or does not have the funds to obtain a non O Immigration visa for retirement?

If he is working legally and has a work permit, why not apply for a a non B Immigration visa, otherwise how does he suppose to care for his child in Thailand and also if as he claimed, that the court has awarded him full custody of the said child, then why not return to his own country if not able to remain in Thailand as imposed under the Immigration rules?

I am surprised that the OP was given full custody of the child by the court if he could not produce evidence that he can sustain himself and child in Thailand for the long term and remain under the terms of Immigration regulations. And why send a friend to make inquiries on his behalf, why did he not go himself or accompany his friend, whoever she is? This makes me suspect that for some reasons the OP was wary of visiting Immigration himself, so why?

The fact is that on the date the divorce was finalised, the OP had 7 days to inform Immigration of his change of circumstances and then apply for the appropriate visa. If he is currently here using a non Immigrant O visa on the basis of marriage to a Thai, then he is staying in Thailand illegally, and that`s a fact.

If he is not able to apply for an appropriate visa because of lack of funds, then there is serious concerns for this child`s welfare and future well being in Thailand.

[ubonjoe]

OP has a multiple entry non-o visa that will remain valid until it expires.

Visas are not the same as extensions of stay that are dependent upon maintaining the reason they are based upon.

OP said he did not have funds to obtain an extension of stay. There in no way would indicate he does not have enough to support himself and his child.

[kriswillems]

May I ask how the OP is financially supporting himself and child in Thailand? And why the mother is not able to share custody and responsibility for this child?

.......

If he is not able to apply for an appropriate visa because of lack of funds, then there is serious concerns for this child`s welfare and future well being in Thailand.

These questions are not helping the thread starter.

- He has already explained he doesn't have the funds (400K) or income(40K) for an extension, which is very well possible after a divorce.

- He also said he has sole custody.

If the wellfare of every child of whom the father has less than 40K income and 400K on an account would be at risk, the wellfare of almost all Thai children would be at risk.

Moving back to the home country could be an option to be considered, but if I had to choose between:

living with little money in Thailand

or minimal government support (wellfare) in Europe or the USA,

I would choose for the first option.

The thread starter could consider:

- borrowing 400K for 2 months and getting a 1 year extension based on taking care of his child.

- trying to get a (multiple-entry) non-immigrant-O visa based on taking care of his Thai child.

- if that doesn't work, maybe he could apply for a non-immigrant-ED visa (after paying the education fee in school and getting the paperwork, this would cost about 27000B for 1 year).

- do visa runs and get a (double-entry) tourist visas.

[jrtmedic]

Borrowing money with the aim of "stuffing" a bank account is possibly illegal.

[ubonjoe]

He already has a multiple entry visa good until next year. So he has plenty of time to look at all options.

He also stated that he will try to get another o-visa in Savannakhet when needed.