Non-Im visa. What if my Thai husband dies?

[Xiao]

Sorry if this has been asked before. I'm new to the forum, did a search but can't find the result. I have lived in Thailand for more than 10 years using my Non-Immigration visa, being a housewife with no income. What will happen if my Thai husband dies? Will the TM ask me to go back to my previous country? Thanks.

[lopburi3]

You should apply for Thai citizenship if your home country allows - normally this is much easier for a female married to a Thai to obtain.  As for using non immigration visa you should be obtaining yearly extensions of stay from immigration rather than using visas.  Are you sure that is not what you have?

[elviajero]

• At the time of his death, you would be allowed to stay until the end of your current permission to stay. 
• If your permission is based on a 1 year extension of stay as his wife you could, on the renewal date, change the reason for your stay for any other reason you qualify for. If you don't qualify for another extension of stay you will need leave and can only return with a new visa.
• If your permission to stay is from a Multiple Entry Non Immigrant Visa you could continue using it until it expires.

 

 

[Liquorice]

The Op is presumable Chinese with the username Xiao.

China does not allow dual nationality, so if she considers Thai citizenship she must consider the effects on her future.

Is she likely to repatriate back to China in the event of her husband death.

[dbrenn]

6 hours ago, Faz said:

The Op is presumable Chinese with the username Xiao.

China does not allow dual nationality, so if she considers Thai citizenship she must consider the effects on her future.

Is she likely to repatriate back to China in the event of her husband death.

 

She should apply for permanent residence instead. That way, she gets to keep her Chinese citizenship (if that's what she wants).

[ThailandLOS]

As already stated by other posters, your status in Thailand is entirely connected to your husband.

 

Best thing to do in order to obtain some security and avoid having your legal status in the country revoked, is to apply for a PR (which mitigates the problem of dual citizenship). Good luck.

 

 

[JackThompson]

3 hours ago, ThailandLOS said:

As already stated by other posters, your status in Thailand is entirely connected to your husband.

 

Best thing to do in order to obtain some security and avoid having your legal status in the country revoked, is to apply for a PR (which mitigates the problem of dual citizenship). Good luck.

 

Is a PR possible if she has no income (housewife) from which 3 years of tax-receipts can be shown?  Can she use her husband's income?  If so, it will still take years to accomplish the goal.

 

This is a prime example why automatic PR should be given to those who have lived here long-term as a spouse, and not shown criminal tendencies.  Like many, she is essentially on permanent-probation here (complete with 90-day check-ins and annual income-checks forever), and can be "disposed of," no matter how established her life in Thailand has become.

 

Why should she, or anyone, have their life-connections destroyed as punishment for the loss of a spouse, or a temporary drop in income, etc?  A "no social-services for foreigners" rule would be sufficient to protect the interests of Thai citizens. 

[ThailandLOS]

3 hours ago, JackThompson said:

 

 

 

Why should she, or anyone, have their life-connections destroyed as punishment for the loss of a spouse, or a temporary drop in income, etc?  A "no social-services for foreigners" rule would be sufficient to protect the interests of Thai citizens. 

Hey, I don't make the rules, I just follow them.

 

However, I think it's more useful advice to try to work through the system, no matter how unfair it might be perceived, than to actually change it. Just saying.

[Xiao]

21 hours ago, lopburi3 said:

You should apply for Thai citizenship if your home country allows - normally this is much easier for a female married to a Thai to obtain.  As for using non immigration visa you should be obtaining yearly extensions of stay from immigration rather than using visas.  Are you sure that is not what you have?

I must apply for my extension of stay yearly. I'm tired of it and the Re-Entry everytime I leave Thailand. I'm thinking of applying for Thai citizenship. Will search the forum as I don't know anything about it.

 

Thanks everybody for your replies.

[chatette]

Xiao, This thread should be useful. And to note, that the process doesn't necessarily take several years, although it is mostly a waiting game. It can be shorter; my own application took about 18 months from start to ID card.

 

[Liquorice]

15 hours ago, Xiao said:

I must apply for my extension of stay yearly. I'm tired of it and the Re-Entry everytime I leave Thailand. I'm thinking of applying for Thai citizenship. Will search the forum as I don't know anything about it.

 

Thanks everybody for your replies.

 

If you obtain an extension of stay based on marriage from your local Immigration office, you can do your 90 day reports at that Immigration office. You do not have to leave Thailand. (1,900 BHT).

 

If you get a Non Imm O ME Visa from a Thai Embassy/Consulate, then indeed you do need to leave and re-enter every 90 days, but the question then would be why you don't apply for the extension at your local Immigration office.

 

I'm confused from your posts which one you hold.

 

Edited November 1, 2016 by Faz

[lopburi3]

I read it as she does obtain yearly extensions of stay but also has to obtain re-entry permits when she travels just like anybody on an extension of stay.  With citizenship this would not be required.

[Liquorice]

35 minutes ago, lopburi3 said:

I read it as she does obtain yearly extensions of stay but also has to obtain re-entry permits when she travels just like anybody on an extension of stay.  With citizenship this would not be required.

 

Maybe...........but why comment about being tired of re-entering Thailand.

 

It's possible she has an extension + re entry permit but thinks she has to re enter every 90 days

Quote

I must apply for my extension of stay yearly. I'm tired of it and the Re-Entry everytime I leave Thailand

 

Or, as mentioned in her first post, she is on repeated Non Imm O ME Visa, which would explain her repeated re-entries.

On an extension she has no need to leave and complain of tiring re-entries.

 

See where I'm coming from?

Edited November 1, 2016 by Faz

[lopburi3]

[bitcoinforever]

do not even bother or waste time and effort on Thai Citizenship . 175 issued last year you have a better chance of getting hit by lighting and hitting the lottery at the same time. try PR but you need income . good luck

[lopburi3]

I would suggest you read post 10 link - citizenship appears a valid option for poster if she has no issues with current citizenship.

[ubonjoe]

1 hour ago, bitcoinforever said:

do not even bother or waste time and effort on Thai Citizenship . 175 issued last year you have a better chance of getting hit by lighting and hitting the lottery at the same time. try PR but you need income . good luck

Not sure where you got the 175 number but I think it is low. I can recall a batch of several hundred  being approved last year since they have been trying to clear a backlog of applications.

[LivinLOS]

When this happened to me (wife) immigration told me that I had 7 days legally, but that as I was in distress, and they were going to be so nice to me, they would tolerate me simply not telling them for the 2 or 3 months I had on my permission to stay. 

 

The way such harsh rules were presented as such a favor.. Didnt improve my impression of them.

[JackThompson]

On 11/2/2016 at 2:54 PM, LivinLOS said:

When this happened to me (wife) immigration told me that I had 7 days legally, but that as I was in distress, and they were going to be so nice to me, they would tolerate me simply not telling them for the 2 or 3 months I had on my permission to stay. 

 

The way such harsh rules were presented as such a favor.. Didnt improve my impression of them.

 

They (the IOs at the office) really didn't have any more leeway than that, given the existing laws.  I do hope those laws are changed so that widows are not driven from their homes.  All it would take is allowing long-term, established marriages to qualify for automatic permanent-residency, as is done in most countries on the planet.

[ubonjoe]

On 11/2/2016 at 2:54 PM, LivinLOS said:

When this happened to me (wife) immigration told me that I had 7 days legally, but that as I was in distress, and they were going to be so nice to me, they would tolerate me simply not telling them for the 2 or 3 months I had on my permission to stay. 

 

The way such harsh rules were presented as such a favor.. Didnt improve my impression of them.

 

1 hour ago, JackThompson said:

 

They (the IOs at the office) really didn't have any more leeway than that, given the existing laws.  I do hope those laws are changed so that widows are not driven from their homes.  All it would take is allowing long-term, established marriages to qualify for automatic permanent-residency, as is done in most countries on the planet.

You can now stay until your current extension ends  The newest acknowledgement of the conditions for an extension states it.

See the form here: acknow_con2stay.pdf

[elviajero]

On 11/2/2016 at 7:54 AM, LivinLOS said:

When this happened to me (wife) immigration told me that I had 7 days legally, but that as I was in distress, and they were going to be so nice to me, they would tolerate me simply not telling them for the 2 or 3 months I had on my permission to stay. 

 

The way such harsh rules were presented as such a favor.. Didnt improve my impression of them.

The rules are more than fair. It would appear that you didn't know the rules, and didn't inform immigration at the time your circumstances changed.  

[lopburi3]

14 minutes ago, elviajero said:

The rules are more than fair. It would appear that you didn't know the rules, and didn't inform immigration at the time your circumstances changed.  

Actually that rule was not fair and is the obvious reason a modification has been published as noted in post 20.  

[elviajero]

11 minutes ago, lopburi3 said:

Actually that rule was not fair and is the obvious reason a modification has been published as noted in post 20.  

It has always been the case that if you a granted permission to stay for a given reason and your circumstances change that you have to report that change to immigration. All that has been posted is an application form requesting that the permission to stay continues.

[lopburi3]

9 minutes ago, elviajero said:

It has always been the case that if you a granted permission to stay for a given reason and your circumstances change that you have to report that change to immigration. All that has been posted is an application form requesting that the permission to stay continues.

What was posted was clear English language exempting termination of extension if a family member of Thai National or resident who dies - exactly what happened to the poster you answered with your previous post and who was told he must leave in 7 days.

[Xiao]

On November 1, 2559 BE at 11:06 AM, Faz said:

 

If you obtain an extension of stay based on marriage from your local Immigration office, you can do your 90 day reports at that Immigration office. You do not have to leave Thailand. (1,900 BHT).

 

If you get a Non Imm O ME Visa from a Thai Embassy/Consulate, then indeed you do need to leave and re-enter every 90 days, but the question then would be why you don't apply for the extension at your local Immigration office.

 

I'm confused from your posts which one you hold.

 

I have an extension of stay for another year which costs me 1,900 Baht.

 

I don't have to leave Thailand every 90 days. I do the 90 day report.

 

If I go out of Thailand, I must get a Re- Entry permit for 1,000 Baht for single or 3,800 Baht for multiple permission.

 

If I could have the Thai citizenship, I don't have to do those things. Thanks for your concern.

[Xiao]

On November 1, 2559 BE at 9:36 AM, chatette said:

Xiao, This thread should be useful. And to note, that the process doesn't necessarily take several years, although it is mostly a waiting game. It can be shorter; my own application took about 18 months from start to ID card.

 

Looks like it costs only 5,000 Baht to have the Thai citizenship for a foreign wife married to a Thai husband. Thanks for your link.