Is it legal?

[bobroper]

A friend of mine here in Bangkok is currently on his second double entry tourist visa.

Soon after he arrived in Thailand some months ago he got married to a Thai girl whom he'd known for a number of years and yes, wait for it, they are both now living apart although remaining good friends. He is calling it 'a temporary separation' and he is taking care of her financially.

He wants to apply for a multi non immigrant O visa and his wife has given him a signed copy of the house book and her ID card together with the other relevant documentation namely marriage cert, etc.

His question is, under the present circumstances, can he legally apply for this visa?

[OMGImInPattaya]

They are legally still married so why not.

[rwdrwdrwd]

I think it's enough for the initial visa without requiring dishonesty, but not for an extension 1 year down the line where you have to show you are living together.

Sent from my iPhone using Thaivisa Connect Thailand

[beechguy]

Agree with the above, I don't think a problem to get a visa, but wouldn't think an extension of stay would be legal.

[PoorSucker]

For extension of stay police order 777/2551, section 2.18 states.

In the case of a spouse, the marital relationship shall be dejure (legitimate) and de facto;

That means living together, that's why Immigrations do house visits to see that your are living together as man and wife.

As for getting an visa from a consulate abroad, it only states visiting wife or children.

[ubonjoe]

It is still legal to get a non-o visa since they are still legally married.

The requirements to get an extension of stay based upon marriage are more stringent than just getting a visa.

[bobo42]

It is still legal to get a non-o visa since they are still legally married.

The requirements to get an extension of stay based upon marriage are more stringent than just getting a visa.

I'm going to disagree and say that you'd be technically illegal doing this, though its a very edge-case. Even though you'd almost surely be granted the visa based on the paperwork submitted and the legal status of being married - the purpose of your stay could be interpreted as fraudulent. The purpose for which the visa is issued is to visit your Thai spouse, but that's not the actual reason for the stay. Though I have to say its very unlikely that anything would ever come of it, particularly if his wife remains cooperative with the situation. I doubt anyone would ever try to push that case in reality.

[bobroper]

Thank you guys, I will communicate the above comments to my friend.

I agree that the granting of a visa would be no problem so let's hope that come the extension in say 12/15 months time they are back together living as husband and wife.

[realenglish1]

Although not literally I have news for you. Immigration does and will show up at your residence to see if its a real marriage . If she is not there and her things are not on the premises you have a problem

[keestha]

Although not literally I have news for you. Immigration does and will show up at your residence to see if its a real marriage . If she is not there and her things are not on the premises you have a problem

Don't think so. The local immigration office will only be aware of extensions of stay they granted themselves, not of visas issued by embassies/consulates abroad.

[ubonjoe]

It is still legal to get a non-o visa since they are still legally married.

The requirements to get an extension of stay based upon marriage are more stringent than just getting a visa.

I'm going to disagree and say that you'd be technically illegal doing this, though its a very edge-case. Even though you'd almost surely be granted the visa based on the paperwork submitted and the legal status of being married - the purpose of your stay could be interpreted as fraudulent. The purpose for which the visa is issued is to visit your Thai spouse, but that's not the actual reason for the stay. Though I have to say its very unlikely that anything would ever come of it, particularly if his wife remains cooperative with the situation. I doubt anyone would ever try to push that case in reality.

Why would it be. All the rules state it is to visit your wife not live with her. That is because the intention of a multiple entry visa is that it allows you to make multiple trips to Thailand to visit your wife not to live with her here.

[bushwacker]

Still early in the morning and i have not had my coffee yet. But, if i understand your question .... you are asking is it legal to break the law. Or maybe better put ... if you illegally claim that you are legally married, is this illegal. Interesting question. Let me drink my coffee and i'll get back to you .....

[keeniau96]

Ubonjoe answer is spot on. The extension to stay may well include an actual visit to your home but in my seven years of extension based on marriage not one visit from the BIB. That's in Phuket but I have seen the postings here by others who have received such visits.

[bobo42]

It is still legal to get a non-o visa since they are still legally married.

The requirements to get an extension of stay based upon marriage are more stringent than just getting a visa.

I'm going to disagree and say that you'd be technically illegal doing this, though its a very edge-case. Even though you'd almost surely be granted the visa based on the paperwork submitted and the legal status of being married - the purpose of your stay could be interpreted as fraudulent. The purpose for which the visa is issued is to visit your Thai spouse, but that's not the actual reason for the stay. Though I have to say its very unlikely that anything would ever come of it, particularly if his wife remains cooperative with the situation. I doubt anyone would ever try to push that case in reality.

Why would it be. All the rules state it is to visit your wife not live with her. That is because the intention of a multiple entry visa is that it allows you to make multiple trips to Thailand to visit your wife not to live with her here.

You said it right there, the purpose is to visit your Thai wife. Is that the purpose the visa is being used for?

Would be a very difficult point to prove though, so I doubt there would be much interest in pursuing it. Consider the case that the visa holder was perhaps arrested, and seeing the visa, the BIB decide they should contact his wife. Maybe the visa holder is unable to locate the wife, maybe the wife states they've been separated or whatever, hence clearly not visiting her. So technically, I'd say not legal - even though practically, probably fine.

[Suradit69]

Ubonjoe answer is spot on. The extension to stay may well include an actual visit to your home but in my seven years of extension based on marriage not one visit from the BIB. That's in Phuket but I have seen the postings here by others who have received such visits.

Sometimes for/during the extension they might want to see photos of the happy couple at home and they may even drop in on the neighbors for a little chat about the supposed goings on at your alleged shared connubial address. Not a certainty, but a possibility.

[MikeandDow]

Ubonjoe answer is spot on. The extension to stay may well include an actual visit to your home but in my seven years of extension based on marriage not one visit from the BIB. That's in Phuket but I have seen the postings here by others who have received such visits.

Sometimes for/during the extension they might want to see photos of the happy couple at home and they may even drop in on the neighbors for a little chat about the supposed goings on at your alleged shared connubial address. Not a certainty, but a possibility.

would like to know where this extension of stay comes from, the OP is asking about a visa, not an extension, obtaining a visa if he was separated, but still married would be legal.

[MMarlow]

They are legally still married so why not.

Because to get an extension based on marriage they are supposed to be living together as a married couple.

[thepool]

<script type='text/javascript'>window.mod_pagespeed_start = Number(new Date());</script>

They are legally still married so why not.

Because to get an extension based on marriage they are supposed to be living together as a married couple.

The OP speaks about obtaining a VISA something which would be achieved outside Thailand.

No mention of wanting an extension !

[hvdkerkh]

For extension of stay police order 777/2551, section 2.18 states.

In the case of a spouse, the marital relationship shall be dejure (legitimate) and de facto;

That means living together, that's why Immigrations do house visits to see that your are living together as man and wife.

As for getting an visa from a consulate abroad, it only states visiting wife or children.

I´m thinking of changing my extension of stay based on retirement to based on marriage allowing me to work here.

We own a condo in Bangkok, but my wife is working in another city and also has a condo in that city.

To avoid travel, she stays most of the time there.

Most of her possessions are in the condo in Bangkok. She comes back to Bangkok on average 2 times a month for 1 day.

When immigration would show up, chances are very high she is not present.

Would that be a problem?

[ubonjoe]

For extension of stay police order 777/2551, section 2.18 states.

In the case of a spouse, the marital relationship shall be dejure (legitimate) and de facto;

That means living together, that's why Immigrations do house visits to see that your are living together as man and wife.

As for getting an visa from a consulate abroad, it only states visiting wife or children.

I´m thinking of changing my extension of stay based on retirement to based on marriage allowing me to work here.

We own a condo in Bangkok, but my wife is working in another city and also has a condo in that city.

To avoid travel, she stays most of the time there.

Most of her possessions are in the condo in Bangkok. She comes back to Bangkok on average 2 times a month for 1 day.

When immigration would show up, chances are very high she is not present.

Would that be a problem?

It could well be a problem. Since it would appear to them that you are not truly living together as husband and wife. Normally immigration does contact you to inform you when they plan on visiting. You wife also has to be at immigration with you when you apply for the extension to do a statement.

It appears to me that best option might be for you to apply where your wife is living and working.

[Dork]

There are plenty of Thai police, Immigration officers and other government employees that are transferred to work in places other than where there families are located. Why would they not understand the same situation with the op?

[hvdkerkh]

It could well be a problem. Since it would appear to them that you are not truly living together as husband and wife. Normally immigration does contact you to inform you when they plan on visiting. You wife also has to be at immigration with you when you apply for the extension to do a statement.

It appears to me that best option might be for you to apply where your wife is living and working.

Thanks Ubonjoe.

With adequate advance notice by immigration we could arrange it.

Your second suggestion would not help much in our case, because she´s on the road most of the time between 7am and 11pm and only comes home to sleep.

Immigration will probably not visit at night time.

I guess with enough explanation of our situation, it will not be a big issue.