Married but Separated. Is a Marriage Visa still possible

[SanSaiExPat]

A friend has been married to a Thai woman for 10 years and they have two children from that marriage. They recently separated (not divorced) They live in the same town but different houses. He takes care of one child who lives with him full time and she takes care of the other. He supports both children financially. Due to other factors they have no intention of getting divorced. The question is this: Now that they are not living together can he still apply for a Non O A visa based on marriage? Thanks

[Maestro]

The non-O/A visa, obtainable at a Thai consulate in the applicant's country of residence, is for retirement, but perhaps you are talking about the one-year extension of stay for the reason of living with Thai wife (marriage extension). Once separated from the wife, the foreigner no longer qualifies for this type of extension.

[mike123ca]

I would assume that the father should be eligible for a o visa based on supporting his Thai child.

[ubonjoe]

Perhaps a single entry non-o visa for having a child.

While he is still legally married immigration won't do extension of stay based upon having a child.

He probably could get a multiple entry non-o visa based on marriage if wife will give him signed copies of ID, house book and marriage certificate.

[Toscano]

If he is living in Thailand year round , without visa runs , he must be over 50yrs , so why not get a retirement visa , that would allow him to live where he likes independently .

There is an agency that could help him get a retirement visa if he has a problem . The marriage visa has become a burden with so much paperwork and more every year .

[pete66]

Immigration doesn't care about the financial support, I got my son to write a letter saying I have paid everything for him since birth but that wasn't accepted as a reason for allowing me to stay in the country. They said his Mum was his legal guardian, and I would need a court order to say I was the legal guardian. Which she was never going to give me.

I would strongly advise getting a different type of visa - retirement, education etc. Save you a lot of heartache.

[Mario2008]

Immigration doesn't care about the financial support, I got my son to write a letter saying I have paid everything for him since birth but that wasn't accepted as a reason for allowing me to stay in the country. They said his Mum was his legal guardian, and I would need a court order to say I was the legal guardian. Which she was never going to give me.

I would strongly advise getting a different type of visa - retirement, education etc. Save you a lot of heartache.

I guess you were not married to the mother. In that case you have to become the legitimise your child before you are the legal father. The OP is married to the mother and as a consequence the legal father of the children, he has parental rights together with the children.

[pete66]

Immigration doesn't care about the financial support, I got my son to write a letter saying I have paid everything for him since birth but that wasn't accepted as a reason for allowing me to stay in the country. They said his Mum was his legal guardian, and I would need a court order to say I was the legal guardian. Which she was never going to give me.

I would strongly advise getting a different type of visa - retirement, education etc. Save you a lot of heartache.

I guess you were not married to the mother. In that case you have to become the legitimise your child before you are the legal father. The OP is married to the mother and as a consequence the legal father of the children, he has parental rights together with the children.

Divorced. The mother got custody of the child when we got divorced.

But to repeat, don't rely soley on "I'm helping my child financially" - it doesn't wash any more, it used to. I stayed two years on that, paid for everything, visited kids every week, they stayed with me every holiday and then last year they said "nope, that's no good". Go back to your country and get another vis.

Also, if your break up is at all typical, the stresses and strains of trying to do it just aren't worth it. She has all kinds of leverage over you if your continued existence in Thailand depends upon her "doing the right thing". Divorces with Thai women if it comes to that can get very very nasty. Don't rely on it. Be independent. Take a least one weapon out of her hand.

[Mario2008]

Immigration has been kind to you. Just taking care of the children was not a reason for an extension of stay to begin with.

Upon divorce you normally have shared parental rights with the mother, unless you specifically signed it away in the divorce agreement.

I don't see why a divorce with a Thai woman in particulair can become nasty. Any divorce can become nasty, regardless of nationality, sex ect.

[Just1Voice]

The only way Immigration would continue your Marriage visa is if wife goes with you when renewal is due and pretends that nothing has change. I don't see that happening..

If you meet the financial & age requirements, I would immediately go to Immigration and change to a Retirement Visa. Although I'm married, both my wife and I got tired of all the BS and paperwork required for the Marriage Visa renewal, so we went and changed it to Retirement. Took less than 15 minutes once we got to the official who does it. Since then the longest wait I have is for my number to be called, and once it is, I'm done in 10-15 minutes, with a minimum of paperwork required.

[givenall]

The non-O/A visa, obtainable at a Thai consulate in the applicant's country of residence, is for retirement, but perhaps you are talking about the one-year extension of stay for the reason of living with Thai wife (marriage extension). Once separated from the wife, the foreigner no longer qualifies for this type of extension.

Consider getting dependent Visa since you have children and supporting them

[SOTIRIOS]

.....my Spidey Senses are tingling.....it is nobody's business......

,,,they are married.....the man is entitled to a marriage visa.....they can have 2 houses for whatever reason.....

...sounds like a backstabber...........not a friend.......is inquiring......

[lopburi3]

A requirement for marriage extension is that they are living together and this can be checked and is the business of immigration.

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

jure (legitimate) and de facto;

[OJAS]

"While he is still legally married immigration won't do extension of stay based upon having a child."

"A requirement for marriage extension is that they are living together.."

The OP's friend appears to be in a Catch-22 situation!

Edited September 12, 2013 by OJAS

[Jerry Cornelius]

The OP still appears to have some form of an amicable relationship with his wife and he must be aware of his standing within that relationship. If they are still friends, then the OP should think about discussing the situation with his wife.

As far as being a family unit, all the trump cards are held by his wife. It's really up to her if she decides whether or not to co-operate with him in the regard of supporting his visa extensions.

If she doesn't co-operate, then a retirement visa/extension is the best option if he is over 50 and has the required funds. Failing that, a non O visa covering family visits could be the next best option.

Jerry

[Nooky2]

If he is living in Thailand year round , without visa runs , he must be over 50yrs , so why not get a retirement visa , that would allow him to live where he likes independently .

There is an agency that could help him get a retirement visa if he has a problem . The marriage visa has become a burden with so much paperwork and more every year .

The OP didn't state if he needed to work. That makes a difference.

[Arkady]

Divorce her and get either another Thai wife or another kind of visa.