help! can I stay?

[cinimod]

Im a foreigner married to a thai man.. he is seeking divorce.. is it still possible for me to stay in Thailand?

Any such thing like a homebook for me to stay permanently?

Thank..

[claffey]

of course you can stay! get a work permit or join the visa run brigade! if you have any children you may have other options.good luck..

Sent from my Vodafone Smart II using Thaivisa Connect Thailand mobile app

[cinimod]

Thanks claffey.. we do not have children..

But I've heard that there is something called homebook where I can stay legally even after divorce.. does it mean I need to stay for a.number of years? Etc? Im not sure..

[Maestro]

There is no such thing as a home book that would let a foreigner stay in Thailand after divorce from a Thai spouse.

[jpinx]

"Stay" is relative for foreigners in Thailand because the maximum allowed by visa extensions is a year. Presumably you're on an extansion based on marriage at the moment, but that will become invalid as soon as the divorce is finalised. After that you are just a tourist and will need double or triple entry tourist visas (depending on where you apply) with extensions.

How will you support yourself after divorce? If you are working you will get a work permit and visa will be good for a year at a time.

[cinimod]

Appreciate the advise..

And to sign the divorce papers do we need to do it together or it can be done sepatately? Because he said he has signed on it and is pending for mine..

[FiftyTwo]

Has to be done together at amphur office.

Head of office has to question both of you together.

[Mario2008]

Believe it is possible to both divorce at a different time/location.

only divorce if you want to and agree with the divorce settlement. (There is no alimony in Thailand, but property etc could be divided). If you don't agree, your husband need to go to court and file on one of the grounds mentioned in the law. The judge can then settle the division of property.

[mike123ca]

That's a big problem with O visa based on marriage, if your partner divorces you or "passes away" then you end up losing your visa. I could be wrong, but immigration pushes you out of the country faster whereas if your partner is deceased then there might be a little leniency for you before you have to pack up.

If you have a job, then go get a non- b visa.

If you have Thai children, then maybe non O based on children.

If 50 years + then maybe a retirement visa.

If under 50 and no job, then education visa.

I know one man who legally married a Thai woman, the last 4 years of the marriage he hasn't lived with her but continues with her assistance to get a non O visa. Maybe your husband would accept a trial separation before going for a divorce. It could give you some time to explore your choices.

[arminbkk]

From what I understand, if you are on a non imm O visa based on marriage to a Thai (visa, not an extension of stay), the visa remains valid

till expiry date in case of divorce from that Thai before expiry date.

If however on a 1-year extension of stay (based on a previous non imm O visa), the extension becomes

invalid upon divorce.

Someone might come along and correct me if I am wrong on this.

[joboss]

Interesting reading. So many interpretable laws. Just a minefield.. How do Thai officials get it right and save face?

[recycler]

Depending your age, if you have an income or not you have to look at your options.

I think you can buy a visa extension at the immigrations office for a limited period to give you some time to sort things out.

The interpretation of the law is often to the discretion of the officer in front of you and if he's wrong you may get your right much later...

If there is money and common possessions you should hire a lawyer with experience in divorces and get your share of the common possessions. Even if there was a prenuptial agreement that was not maintained during the marriage you may still be entitled to half the increase of your common estate during the period of the marriage, but also the losses or debts, so be careful.

Good luck, you're in a nasty spot.

[sunsamourai]

As was said sign *only* when you agree with the terms of the divorce, as you will lose any opportunity to come back on it later, and also lose your visa.

According to the marriage contract type you signed, you would be entitled to 50% of marital possessions, may that be land or else.

Take your time, do *not* rush, consult a lawyer *asap*.

[Tywais]

Inflammatory posts and replies removed. If you can't help then don't post.

[hellodolly]

You will be just like a tourist. Hop over the border grab a tourist visa and come back to make decisions. If you have no money you have to work. Get a work permit. If you have money and it is not a problem get an education visa. If you are over 50 look into a retirement visa or what ever some people want to call it.

The marriage idea might have merit in some situations. But I have heard of times when you needed proof you were still with your partner. Also would he be willing to go with you every year for the yearly extension?

[phantomfiddler]

I was married to a thai, divorced, and after the euphoria died down I found that staying here was no problem at all One would need to know lots more to give you detailed advice, but there are several options. If you wish to work (legally) you can apply for a work permit, but in doing so you must sign a declaration that you are making a considerable amount of money (somewhere around 80,000 Bht per month) and will have to pay tax plus accounting on that, an expensive solution and not one that I would recommend. Cheapest is a retirement visa but one has to be over 50 I believe. Then there is the regular visa route, and also educational visas that work well for many. It all depends on how much money you are willing to spend. Good luck, and I agree with a previous poster that it would be wise to consult a good lawyer.

[belg]

do you have other reasons to stay in the country after the divorce if no children are involved?

just dont sign the papers ?

[thailandbeachisland]

Pay him monthly to remain married and keep your visa as guys do with BG...

[Maestro]

Removed a troll post with wrong information.

[Mrhollywood67]

As a female spouse if a Thai male you can automatically obtain Thai citizenship/passport. Any chance you could sort before the divorce? Just a thought, no problems with visa and of course you can own land in your own name.

[Mario2008]

As a female spouse if a Thai male you can automatically obtain Thai citizenship/passport. Any chance you could sort before the divorce? Just a thought, no problems with visa and of course you can own land in your own name.

Getting Thai nationality is not automatically and also a very long process, which will take years even if she qualifies.

[cinimod]

Thanks everyone for the advice...

Yup understand that getting Thai nationality would be tedious.. any specific advice?

[Mario2008]

Read here:

http://www.thaivisa.com/forum/Thai-Citizenship-t29423.html&view=findpost&p=301032

http://www.thaivisa.com/forum/post-a102367-Guidelines-for-Application-for-Natu.html

[Mrhollywood67]

I think you will find that Thai citizenship for a female spouse of a Thai male is automatic. Unlike the aforementioned tedious hoops that a male spouse has to jump through, ignore if you want.

[cinimod]

I think you will find that Thai citizenship for a female spouse of a Thai male is automatic. Unlike the aforementioned tedious hoops that a male spouse has to jump through, ignore if you want.

Really it is automatic?

[Mario2008]

I think you will find that Thai citizenship for a female spouse of a Thai male is automatic. Unlike the aforementioned tedious hoops that a male spouse has to jump through, ignore if you want.

That is incorrect.

While a foreign wife married to a Thai husband has it easier there is no such thing as automatic citizenship for them. There are still requirements to be met, although for example in this case it can be the income of the Thai husband and only has to be 15,000 baht a month as to where a foreign male married to a Thai wife must have an income of 40,000 baht a month for himself. (Income from working in Thailand with taxes paid, work permit etc).

[Mrhollywood67]

http://www.samuiforsale.com/law-texts/thailand-nationality-act.html

[Mario2008]

http://www.samuiforsale.com/law-texts/thailand-nationality-act.html

As an aside, that appears to be an old version. But the key words are that one applies according to the form and regulations set by the minister. These regulations give additional requirements and the decision is with the minister. Nothing automatically here.

[Maestro]

Mrhollywood67, I am curious to know what word or text passage in the document to which you gave a link gave you the mistaken impression that a foreign woman automatically acquires Thai nationality when she marries a man of Thai nationality.