Wife out of the country.. Extensions...

[LivinLOS]

Was having some discussion and my wife would like to spend more time in the UK, where quite frankly I dont.

Now if she is living (and probably working) in the UK at the time of my extension.. What happens then ??

Is the extension due to 'marriage' or 'cohabiatation' eg is living together full time the only way to allow continued extensions ??

With the amount of men that go overseas to work.. Or couples who dont live full time together yet are still happily married.. Are they really going to say I cant have a marriage extension because my wife is in another country ??

[ubonjoe]

Your wife has to be with you when you apply for the extension. She must complete and sign the statement required.

Your wife being with you is also part of meeting this requirement "(3) In the case of spouse, the relationship must be de jure and de facto:" in clause 2.18 of the police order.

[LivinLOS]

So its not merely a marriage extension its actually a co-habitation extension..

Complicates matters somewhat..

Edited August 24, 2014 by LivinLOS

[ubonjoe]

I would not call it a co-habitation extension.

The entire point of her being with you, doing the statement, the photos of you together and the home visit is all to prove that it is real marriage not an arranged one just to get the extension.

If you cannot make arrangements for your wife to be with you the one day a year needed to do the extension then you do not qualify for it.

[LivinLOS]

I would not call it a co-habitation extension.

The entire point of her being with you, doing the statement, the photos of you together and the home visit is all to prove that it is real marriage not an arranged one just to get the extension.

If you cannot make arrangements for your wife to be with you the one day a year needed to do the extension then you do not qualify for it.

I assume thats one day.. then also for the month later and the under review return... Or maybe 60 days as one of mine was..

And yes, if she starts a career in the UK, taking >1 month off annually to travel >5000 miles and back is a little bit inconvenient..

The point remains.. Many couples have work that takes them travelling.. The extension seems to be purely for couples physically together, not merely couples who are married.

[ubonjoe]

It is one day unless you are short of some required document and have to go back. She does not have to go with you to get the extension stamp after the under consideration period.

There are many husbands that travel and cannot get the extension because they cannot always be here for the extension when it is due. They get multiple entry non-o visas instead. Perhaps that is what you should consider getting. It would mean you would have leave the country every 90 days though.

[OJAS]

If the OP is over 50 and can meet the higher financial requirements he could seek a retirement extension instead - which would not be wife-dependent.

[KhunBENQ]

Not many alternatives than a stand alone extension based on retirement (over 50? financials available?).

I do so since I am here although I am married and we live together.

Simpler to apply, saves headaches.

[KamnanT]

Even if your wife was able to return to Thailand to appear with you for your extension application, the fact remains, as Ubonjoe points out, that you would be married "de jure" (in law) but not "de facto" (in practice). It may be a quaint little 19th century anachronism, but living together is still considered a key determinant of "de facto" marriage. The Police Order requires both the law and the practice to qualify for a marriage extension.

A one year multiple entry Non-Imm "O" appears to be the most suitable alternative.

[samran]

Do you have kids? I thought I had read in the recent changes an adult Thai child supporting a foreign parent was an option again.

[PoorSucker]

Do you have kids? I thought I had read in the recent changes an adult Thai child supporting a foreign parent was an option again.

Correct, if the parent is over 50.

[ubonjoe]

Do you have kids? I thought I had read in the recent changes an adult Thai child supporting a foreign parent was an option again.

It is in the new police order that starts on Friday. But it is only one single line that mentions it with no other info.

" In case the father or mother requests to be under maintenance of children, the age of father or mother must be 50 years of age or over."

What the requirements are is anybody's guess at the moment.

[IMA_FARANG]

Technically the purpose of a marriage extension/visa is "to live in Thailand with one's spouse".

Incidentally, that also applies to a woman who marries a Thai man, so it's not "living with your wife" in Thailand.

But anyhow, you do not have to be living with your spouse all the time. You can leave Thailand and even work outside of Thailand. You do not have to do 90 day reporting if you are not physically present in Thailand. You can keep your extension valid until it needs to be renewed annually by getting a re-entry permit when you must leave Thailand.

However you MUST be here to apply for the annual renewal and many immigration offices will want to see and even talk to your spouse at that renewal time.

And it's not a "cohabitation" extension because the rules state you must be married (de jure or "by law") to get the extension.

No "domestic partners" allowed in Thailand, you must be married to get the marriage visa/extension. They will need to see your marriage license.

[Paul888]

I am no expert but if your purpose of getting an extension to stay in Thailand is to be with your Thai wife it stands to reason that they would expect her to be here.

Imagine the abuse if that wasn't the case....

[JJ Madcow]

At Nonthaburi Immigration both have to be around the home for the 30 days under review.

Because when get the call that Nonthaburi Immigration come in X hours, we both have to be at home.

.

Nonthaburi Immigration come and control home every year, i was told, and they have 2 people do that every day.

Yes i know my Immigration is strict, but we have a good talk to the 2 people come and check, and they say it is correct, we come every year.

So maybe check if you Immigration do that.

[ubonjoe]

At Nonthaburi Immigration both have to be around the home for the 30 days under review.

Because when get the call that Nonthaburi Immigration come in X hours, we both have to be at home.

.Nonthaburi Immigration come and control home every year, i was told, and they have 2 people do that every day.

Yes i know my Immigration is strict, but we have a good talk to the 2 people come and check, and they say it is correct, we come every year.

So maybe check if you Immigration do that.

Normally immigration only does a home visit for the first extension. I think I have seen one report of an office doing one later.

In the 6 years I have been on extensions we have never had a home visit. The immigration office had us bring a letter (we had 3) from the local police instead of them doing a home visit.

[leopeek]

I am already married 17 years with my thai wife

must i still prove that it is a real marriage every year ??

[Kopitiam]

I am already married 17 years with my thai wife

must i still prove that it is a real marriage every year ??

Nowadays, its common to hear couples getting divorced after many years of marriage. You might as well ask for PR after so many years of marriage with your Thai wife to avoid annual extension. Or treat the annual trip to immigration as a renewal of vows.

[LivinLOS]

If the OP is over 50 and can meet the higher financial requirements he could seek a retirement extension instead - which would not be wife-dependent.

Moneys no problem but its another decade before I can get a geezer visa..

[LivinLOS]

Even if your wife was able to return to Thailand to appear with you for your extension application, the fact remains, as Ubonjoe points out, that you would be married "de jure" (in law) but not "de facto" (in practice). It may be a quaint little 19th century anachronism, but living together is still considered a key determinant of "de facto" marriage. The Police Order requires both the law and the practice to qualify for a marriage extension.

A one year multiple entry Non-Imm "O" appears to be the most suitable alternative.

This was sort of my point in asking.. The situation is you only qualify for a marriage extension (in the full letter of the law) if your cohabiting.. If I was to live in bangkok while she lived at our Chiang Mai home, while I am sure we could wrangle a visa, we would technically be violating it..

Seems crazy they expect everyone to live together at every point in a marriage.. So many couples spend periods apart for so many reason, income, sanity, etc..

[LivinLOS]

Technically the purpose of a marriage extension/visa is "to live in Thailand with one's spouse".

Incidentally, that also applies to a woman who marries a Thai man, so it's not "living with your wife" in Thailand.

But anyhow, you do not have to be living with your spouse all the time. You can leave Thailand and even work outside of Thailand. You do not have to do 90 day reporting if you are not physically present in Thailand. You can keep your extension valid until it needs to be renewed annually by getting a re-entry permit when you must leave Thailand.

However you MUST be here to apply for the annual renewal and many immigration offices will want to see and even talk to your spouse at that renewal time.

And it's not a "cohabitation" extension because the rules state you must be married (de jure or "by law") to get the extension.

No "domestic partners" allowed in Thailand, you must be married to get the marriage visa/extension. They will need to see your marriage license.

I have no intention of leaving.. She would like to go live in the west for a few years..

But I am not going back to jumping through visa run hoops.. Screw that..

[LivinLOS]

I am no expert but if your purpose of getting an extension to stay in Thailand is to be with your Thai wife it stands to reason that they would expect her to be here.

Imagine the abuse if that wasn't the case....

This is why I am asking.. Is the technical reason 'married to a Thai' or 'living with your Thai wife'..

It seems to be only the latter.. Which I would say if your doing it for decades is a long stretch..

[LivinLOS]

I am already married 17 years with my thai wife

must i still prove that it is a real marriage every year ??

Nowadays, its common to hear couples getting divorced after many years of marriage. You might as well ask for PR after so many years of marriage with your Thai wife to avoid annual extension. Or treat the annual trip to immigration as a renewal of vows.

But us married guys dont qualify for PR as we dont have the tax payments..

Its the non B work permit guys who get the foot in the door..

[ubonjoe]

Their are cases where the couple do not live together full time because of one or the others work. Immigration will accept this. But they always manage to be together to do the extension.

When I did my extension recently after submitting the application and paying the 1900 baht I just became an observer. They did not call my name a single time after that. They called my wife's name when they had receipt done, for the statement and when the inspector wanted some more copies signed and to hand over my passport.

[samran]

I am already married 17 years with my thai wife

must i still prove that it is a real marriage every year ??

Nowadays, its common to hear couples getting divorced after many years of marriage. You might as well ask for PR after so many years of marriage with your Thai wife to avoid annual extension. Or treat the annual trip to immigration as a renewal of vows.

But us married guys dont qualify for PR as we dont have the tax payments..

Its the non B work permit guys who get the foot in the door..

Certainly a pain for sure. I guess the only way is to time the visits for 45 days before the expiry of the extension.

While I've always had to be there for my wife's extension application I've never needed to be there for the 'result' hearing a month later. So theoretically your wife can visit for a few days then. I've never been checked up on.

Thinking about it monetarily, a flight out at the right time from he UK probably adds up to about the cost of having to do 4 visa runs and the a visa renewal in a neighbouring country each year when taking into account time (opportunity cost) accommodation, transport and visa charges etc.

Otherwise, perhaps engineer a non-b via setting up a firm? Put you on the path to perm res or citizenship?

Edited August 25, 2014 by samran

[Gonsalviz]

Possible a 1 year non o based on marriage? Have to do a border run every 90 days.

You do not need the wife to get the visa and it is actually good for 15 month or thereabout.

[Suradit69]

I am no expert but if your purpose of getting an extension to stay in Thailand is to be with your Thai wife it stands to reason that they would expect her to be here.

Imagine the abuse if that wasn't the case....

This is why I am asking.. Is the technical reason 'married to a Thai' or 'living with your Thai wife'..

It seems to be only the latter.. Which I would say if your doing it for decades is a long stretch..

"This is why I am asking.. Is the technical reason 'married to a Thai' or 'living with your Thai wife'.. It seems to be only the latter.."

They aren't mutually exclusive. For immigrations purposes, being married to a Thai implies you are living together, otherwise in most cases it would appear that the marriage was a matter of continued convenience to you but of no practical value to your wife or society. The reason a marriage extension has a lower financial hurdle than a retirement extension is meant to be a compassionate allowance to support a functional family unit.

If you get an education visa/extension it has to be based on more than just paying school fees. You need to be actively involved in learning. Whatever the basis for a visa or extension, it is assumed the basis is a practical one, not a theoretical construct or a technical facade.

Edited August 25, 2014 by Suradit69

[LivinLOS]

I have long considered taking control of my own visa situation with a non imm B and some tax payments with either a dummy company or a friends company. But then I was told a shelf company and min wage, or even anything close to min wage, is unlikely to result in PR anyway..

Anyway, it is what it is..

[samran]

I have long considered taking control of my own visa situation with a non imm B and some tax payments with either a dummy company or a friends company. But then I was told a shelf company and min wage, or even anything close to min wage, is unlikely to result in PR anyway..

Anyway, it is what it is..

I don't know what you do but I guess like most people you are doing something for a quid. Even if you are retired you have investments which need managing etc etc.

There is nothing illegitimate putting some of those management actions through that company and deriving personal income from it, or hiring (in your case) 2 Thai citizens to do what ever chores and errands you need doing here anyway.

Just my personal view that if you structure it in the correct way, there are plenty of organic ways to make your company work and look as above board as any other firm.

All the best anyway.