What happens with permission to stay if you leave your thai wife

[streboris]

Lets say you came here on a single entry non immigrant type O visa based on marriage. You have 90 days permission to stay.

What happens to your permission to stay, if you walk out on your misses?

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[PoorSucker]

Visas obtained abroad remains valid.

Extensions made at immigration ends same day as your marriage.

Moved to Thai visas section.

[xtrnuno41]

guess if still married, but seperated. It continues. You are still legally married.

Though divorce will be another situation with another visa. RIght?!

[oncearugge]

guess if still married, but seperated. It continues. You are still legally married.

Though divorce will be another situation with another visa. RIght?!

A "Visa" remains valid until it expires ---------married or not!

An "extension of stay" ceases to to be valid on the day of divorce,

[chris2224]

My understanding is from the date of divorce (assuming by walking out this is what you mean) you have 7 days....a grace period to sort out alternative visa I suppose. A visa based on marriage will be null & void if there is no marriage.

Edited October 22, 2015 by chris2224

[PoorSucker]

An "extension of stay" ceases to to be valid on the day of divorce,

An "extension of stay" ceases to to be valid on the day the bases of the extension ends.

Clause 2.18 police order 327/2557 section (3)

In the case of spouse, the relationship must be de jure and de facto.

If they do not live together (de facto) it can be interpreted as the extension is void.

[sometimewoodworker]

My understanding is from the date of divorce (assuming by walking out this is what you mean) you have 7 days....a grace period to sort out alternative visa I suppose. A visa based on marriage will be null & void if there is no marriage.

Sorry no grace period

And as has been said the permission to stay, stamped when you enter using a visa, expires as is stamped on the permission to stay. It is not cut short. Visas are (except in very limited cases) only issued outside Thailand.

An extension of stay which is only ever issued in Thailand expires when the reason finishes, in the OP case the day of the divorce, or when the marriage ceases to be both de facto and de jure whichever comes first.

The 7 day extension has to be applied and paid for and is in fact often given as a refusal of a longer extension.

Edited October 22, 2015 by sometimewoodworker

[chris2224]

Indeed the 7days needs to be applied for. This would however give 7 days to sort out options. Asuumiming consensual divorce proceedings can be crazy quick...a couple of days later and depending on how long a q...take less than one hour. At least that was my experience. Lol

[oncearugge]

My understanding is from the date of divorce (assuming by walking out this is what you mean) you have 7 days....a grace period to sort out alternative visa I suppose. A visa based on marriage will be null & void if there is no marriage.

There are no "grace periods"

A 7 day extension of stay has to be applied and paid for ---------1900Bht.

[GOLDBUGGY]

Your Visa is good until the expiration date no matter what happens between you and your wife. However should you choose to stay based on a Marriage Extension, this is a different story.

Your Extension to stay isn't strictly based on if you are married or not. It is based on you being married to a Thai and that you live together as husband and wife, This is why you present photos of you and her together in your accommodations when making the application. Also why police may come out and investigate you in your home, or ask the people next door about you.

Since you are Separated from your wife at present then this obviously doesn't qualify you. You might be able to work something out with your wife if you are serious about saving this marriage but then this is up to both of you.

In the past police seldom checked but lately there has been a real crack down on visa of all sorts. I can only assume that there are many who apply for a marriage extension who are in fact separatedd from their wives and living someplace else. Personally, if they have the money to stay, who cares?

[Autonuaq]

Recent case October 2015:

visa is granted based on marriage. The day that marriage is ended, the visa is terminated if it was a visa based on marriage with Thai.

(Look at the stamps in Thai for the type of NON Immigrant O Visa)

You can extend the SAME day the marriage ends and the Devorce is a fact to go to immigration and apply for a 7 day.

The costs are about 1900 THB. Then arrange all and do what is needed to get the right visa if you want to stay.

If children are involved and the you can try to change to take care of children with Thai nationality/

Or leave the country the same day, because I presume you have arranged all already and the easiest way is go to the Ampur. Also not forget to register the divorce in you own country too.

Point of attention and I am not sure about it but also understood after divorce there is a period of about 304 days that you have to wait before you are allowed to be married legally again by Thai law, I am not sure as told mentioned before but have heard this a few times.

[EJK]

Correction you do not need show anyone photos unless you apply for your visa in Thailand

All this false Thai immigration can club stuff. Every international consulate treats it's citizens different as they know your background and not by silly condo pics. Most of us are well educated although if you have only a single entry VISA you are yes at there mercy

So get a tourist Visa save the problem be honest

[streboris]

So being on an extension based on marriage gives her a lot of power over you.

Seems safer to get multi entry visa rather than an extension

[4evermaat]

So being on an extension based on marriage gives her a lot of power over you.

Seems safer to get multi entry visa rather than an extension

It's similar to being on a Non-B extension by reason of employment. If you get fired today, your extension ends on that day. (not sure if you must apply for 7 days extension or if you get 7 days free to leave the country or get new visa).

The extension of stay has the advantage of not having to do border runs, only reports to local immigration (mail-in, in person, or online now) every 90 consecutive days that you have stayed in-country. If you need to leave the country and still wish to keep the extension, you must apply for a single/multiple re-entry permit prior to leaving.

The [multiple entry non-imm] visa has the advantage of being able to come/go at will but each entry permission to stay is only 90 days. Therefore, you must do a border run if you intend to visit longer than 90 days. the visa [not to be confused with extension] is still valid until it is expired, regardless of what happens in the relationship.

Visas remain valid until they expire, extensions can end early if the circumstances for that extension change. In practice, some people still ride their extensions until the expiration date. YMMV

You could get a single/multiple entry non-o visa based shortly before the divorce at Savanakhet or Penang. The visa will be ok, but you could not get any extensions (based on marriage). Or negotiate to stay married on paper (and de facto); Of course, you have to negotiate with your wife.

The confusion is usually about understanding the difference between visa and extension of [permission to] stay. Most expats not intimate with the process often confuse the two and call everything that allows them to stay in the country a 'visa'.

Visas are mostly issued at Thai Embassies or [honorary] Consulates outside Thailand. there are minor exceptions when converting a tourist visa to a non-o at the Bangkok immigration (Chaeng wattana or maybe airport locations).

permission to stay are always granted at the entry border immigration when you actually enter Thailand. The stamp tells you how long you are allowed to stay in-country.

extensions of stay (or extension of permission to stay) are normally granted at local immigration offices where you reside, The new stamp tells you how much longer you are allowed to stay in-country.

When you hear the term visa exempt, that just means you just got a permission to stay without getting a visa first; only available for certain countries. Some confusion is caused when people say that they got a visa-on-arrival, but really it was visa exempt. Only a few countries qualify for visa on-arrival, you normally either use the visa exempt privilege or apply for a visa at a Thai embassy/consulate prior to arrival. I think I covered everything.

Edited October 23, 2015 by 4evermaat

[cyberfarang]

A married visa ends when it expires or when the divorce is finalised, whichever comes sooner. After that immigration has to be informed and have 7 days to change to an appropriate visa or leave the country.

[oncearugge]

A married visa ends when it expires or when the divorce is finalised, whichever comes sooner. After that immigration has to be informed and have 7 days to change to an appropriate visa or leave the country.

A Visa does NOT come to an end until it expires. It is legal to use a Visa while it is valid.

An ""extension of stay" (which is not a Visa) would indeed cease to be valid when the marriage is terminated.

[connda]

An "extension of stay" ceases to to be valid on the day of divorce,

An "extension of stay" ceases to to be valid on the day the bases of the extension ends.

Clause 2.18 police order 327/2557 section (3)

In the case of spouse, the relationship must be de jure and de facto.

If they do not live together (de facto) it can be interpreted as the extension is void.

"I'm not separated, My mother is sick and I'm visiting to take care of her. I have no plans to divorce my wife. But I need to take care of my beloved mother." Two can play the 'sick buffalo game'. Now the ball is in the other court with the authorities to prove otherwise. Name on the lease, still providing support? Hard to say that you do not (de facto) reside together.

[billd766]

An "extension of stay" ceases to to be valid on the day of divorce,

An "extension of stay" ceases to to be valid on the day the bases of the extension ends.

Clause 2.18 police order 327/2557 section (3)

In the case of spouse, the relationship must be de jure and de facto.

If they do not live together (de facto) it can be interpreted as the extension is void.

"I'm not separated, My mother is sick and I'm visiting to take care of her. I have no plans to divorce my wife. But I need to take care of my beloved mother." Two can play the 'sick buffalo game'. Now the ball is in the other court with the authorities to prove otherwise. Name on the lease, still providing support? Hard to say that you do not (de facto) reside together.

That might work for a while however IIRC, when you go for the renewal of your extension your wife has to be present with you. If she refuses to go with you then you have a problem. The extension will most probably be refused even if the divorce is not final, simply because you are not living together as man and wife.

If she goes with you and says that you are still married even though you are in fact getting a divorce and the immigration department finds out then she could be in trouble also.

There is also the possibility if the divorce proceedings are not good that your wife could possibly inform the immigration police that she has left you and is divorcing you even before the extension renewal.

Edited October 25, 2015 by billd766