Future Retired & Dependent Visa Issues for Married Foreign Couples

[tomdfc]

The demise of the "lead" person (with a "retired" status) would presumably cause visa status and renewal problems for the partner (the "dependent"). Logically, the surviving partner could not continue to be a "dependent" which begs the question as to what would or should happen ...

Is there therefore a definitive rule book about what would happen in that situation?

For example, would the former dependent be permitted to retain that dependent status until the end of the then-current annual extension?

Or would the former dependent have to revisit the visa application process from scratch, starting with a tourist or non-immigrant visa and re-apply - for reasons of retirement - on a sole, self-financing basis? If so, what would be the timeline within which this would have to happen?

And / or - as a way of mitigating the difficulties arising in that future scenario - is it possible at some early date to "switch" the statuses of both partners, to balance the probability risk of the death of the first partner, taking age and health into account?

Many thanks in anticipation for advice and comments.

[Singerman]

In the circumstances described I believe immigration would be both sympathetic and helpful. It is likely that the "dependent" would be permitted the change the reason for an extension of stay providing the requirements could be met ( age and financial requirements)

Of course, it is always possible to apply for an extension of stay based on retirement at any time providing, once again, the requirements for the extension are met

[lopburi3]

Loss of eligibility means loss of extension of stay. Applicants sign a statement of there understanding of this for last several years when making extensions of stay. Immigration has authority to make exceptions to most rules but believe prudent plan would to be prepared. Some couples of retirement age both get for such reasons. But also take into account partner might not want to remain in Thailand alone.

[tomdfc]

My thanks for the thoughtful responses to my questions but I would like - with respect - to run this once again by UbonJoe whose knowledge of these matters is well-known. It may be that there is no definitive answer or procedure to which we can refer but any advice would be appreciated. Thanks in anticipation.

[ubonjoe]

My thanks for the thoughtful responses to my questions but I would like - with respect - to run this once again by UbonJoe whose knowledge of these matters is well-known. It may be that there is no definitive answer or procedure to which we can refer but any advice would be appreciated. Thanks in anticipation.

As said if the dependent had financial proof to get an extension based upon retirement they could change the reason for their extension to retirement. It would require the death certificate so that immigration could cancel the existing extension and the do the retirement extension. I would expect immigration would allow a short period of time to do the change without charging an overstay from the date of death.

If a person was unable to meet the financial requirement within a short period of time they could stay until they could do it and then go out to get a single entry non-o visa and then apply for the extension.

[sendintheclowns]

The OP has asked a question that is very relevant to all of those who are retired, farang, married couples. Our solution was to use the dependent 'option' ( and my understanding that it is an option available only for the Immigration Officer to grant) and, to each keep an 800,000 baht term deposit, in case they changed the rules.

[lopburi3]

The dependent option is available to anyone with a legal marriage and here on a retirement extension of stay - and does not require any financial deposit for the dependent. Both can, if over age 50, obtain retirement extensions of stay with there own 800k financial proof and in that case there would be no issues if one died or a divorce was decided upon.

[crazykopite]

The OP has asked a question that is very relevant to all of those who are retired, farang, married couples. Our solution was to use the dependent 'option' ( and my understanding that it is an option available only for the Immigration Officer to grant) and, to each keep an 800,000 baht term deposit, in case they changed the rules.

Why would each have to keep 800,000 surely if husband /wife and one passes on then the other person would o hermit the others savings or income . I know that in my case my wife would recieve a good percentage of all my pensions !

[lopburi3]

But pension and banking legal issues can take weeks, or even months (many in some cases) to be resolved and until that takes place a nest-egg of funds in there name could be used to obtain retirement extensions.

[Thaidream]

Ubon Joe is quite correct. When my Thai wife passed away I was on an extension based upon marriage and after several months realized I must go to Immigration as my status had changed. Bangkok Immigration was quite sympathetic and in fact explained all my options. I ended up getting a retirement extension based upon the qualifications at that time. There was never any mention of overstay or any thing involving any punitive action because I did not do it right away. I believe they are more strict when one's status changes because of loss of job and then loss of reason for an extension.

[smotherb]

If the surviving spouse is old enough it seems rather simple; unless the surviving spouse does not have 800k. Many may leave the 800k to their spouse, or the spouse may have money.

Ubon Joe said immigration would allow some time for the surviving spouse to get the funds. The time it would take to transfer 800k legally into the surviving spouse's name and bank account may be one reason immigration would wait.

Then, of course, the surviving spouse would have to go through the non-O visa/retirement extension process.

If the surviving spouse does not have the money or is not old enough; then, as I read it, they do not qualify for a retirement extension and would have to find some other way to stay.

Is that true?

[lopburi3]

If they really wanted to stay but did not qualify then yes - they would have to find other ways - as many do now. Immigration can be understanding but will have limits - and probably should not be primary plan if there are other options.

[aronp1]

The OP has asked a question that is very relevant to all of those who are retired, farang, married couples. Our solution was to use the dependent 'option' ( and my understanding that it is an option available only for the Immigration Officer to grant) and, to each keep an 800,000 baht term deposit, in case they changed the rules.

Why would each have to keep 800,000 surely if husband /wife and one passes on then the other person would o hermit the others savings or income . I know that in my case my wife would recieve a good percentage of all my pensions !

Because there are two separate visa's. Each person has a visa, each person needs to meet the requirments.

[lopburi3]

They are not visas - they are extensions of stay - and only one needs to be for retirement and having financials - the legal spouse can extend based on there spouses retirement extension without a financial requirement.