2008bangkok Posted March 28, 2017 Share Posted March 28, 2017 Im currently married but separated, for last 2 years, i used to get marriage visa until the wife decided not to help anymore so for the last few years iv been doing the yearly trip to Savannakhet to get a 1year NON-O. Iv heard that there is a Guardian visa that I can apply for as i have 2 children (6+8) who divide there time between me and wife. Anybody know what paperwork is needed for this EOS/Visa, if you can work on it and also can you use monthly salary instead of having a bulk of money in the bank. Im thinking it will be similar to the EOS based on marriage just different circumstances. Link to comment Share on other sites More sharing options...
ubonjoe Posted March 28, 2017 Share Posted March 28, 2017 6 minutes ago, 2008bangkok said: Iv heard that there is a Guardian visa that I can apply for as i have 2 children (6+8) who divide there time between me and wife. Anybody know what paperwork is needed for this EOS/Visa, if you can work on it and also can you use monthly salary instead of having a bulk of money in the bank. Im thinking it will be similar to the EOS based on marriage just different circumstances. There is no guardian visa. You can get a non-o visa or an extension of stay based upon being the parent of a Thai. For an extension you need the same financial proof required for one based upon marriage. Most offices will not allow you to apply for the extension based upon being the parent if still married. Many also will not do it unless you have full custody from a divorce. Link to comment Share on other sites More sharing options...
2008bangkok Posted March 28, 2017 Author Share Posted March 28, 2017 4 minutes ago, ubonjoe said: There is no guardian visa. You can get a non-o visa or an extension of stay based upon being the parent of a Thai. For an extension you need the same financial proof required for one based upon marriage. Most offices will not allow you to apply for the extension based upon being the parent if still married. Many also will not do it unless you have full custody from a divorce. Thanks for response, they dont make it easy for people do they, so there is no visa that you can get if you split amicably and want to share the children which i believe legally if you get divorced its automatic joint custody of the children. 1 Link to comment Share on other sites More sharing options...
elviajero Posted March 28, 2017 Share Posted March 28, 2017 (edited) In my experience getting an extension of stay as a parent is no problem even if married. However, if you're still married they would almost certainly want the mother present when you apply. You can use income as long as it's at least 40K pm. If using money in the bank (400K) it only needs to be in the account on the day you apply, which is the only benefit of applying as a parent when married. Edited March 28, 2017 by elviajero Link to comment Share on other sites More sharing options...
Mattd Posted March 28, 2017 Share Posted March 28, 2017 (edited) Sorry to intervene, I have no intentions of hijacking the thread, however this subject is of interest to me in a way. I am currently working and have been on Non-B yearly extensions of stay since 2004, my interest lies in options for extensions should the work dry up. I was married to a Thai since June 1999 (in Thailand) and we got divorced in April 2015, I technically have sole custody of both children from the marriage. The actual extension and requirements are understood, I'm more wondering regarding the legitimising of the children, this was automatic by way of marriage, does it remain so in the eyes of immigration after being divorced? Edited March 28, 2017 by Mattd x Link to comment Share on other sites More sharing options...
ubonjoe Posted March 28, 2017 Share Posted March 28, 2017 2 minutes ago, Mattd said: The actual extension and requirements are understood, I more wondering regarding the legitimising of the children, this was automatic by way of marriage, does it remain so in the eyes of immigration after being divorced? You are still the legal father of your children even though you are divorced from their mother. Link to comment Share on other sites More sharing options...
Mattd Posted March 28, 2017 Share Posted March 28, 2017 Thanks Joe, thought it was the case, though you can never quite know :) Link to comment Share on other sites More sharing options...
elviajero Posted March 28, 2017 Share Posted March 28, 2017 23 minutes ago, Mattd said: I technically have sole custody of both children from the marriage. You will have to have legal custody. Joint might suffice, but expect them to want to see proof that you have sole custody issued by the court. Link to comment Share on other sites More sharing options...
Mattd Posted March 28, 2017 Share Posted March 28, 2017 Just now, elviajero said: You will have to have legal custody. Joint might suffice, but expect them to want to see proof that you have sole custody issued by the court. The divorce was amicable and out of court, it was all completed at the local Amphur office, with an agreement drawn up between us, signed by both of us and countersigned and stamped by the Amphur, in this document I have custody. Link to comment Share on other sites More sharing options...
ubonjoe Posted March 28, 2017 Share Posted March 28, 2017 1 minute ago, elviajero said: You will have to have legal custody. Joint might suffice, but expect them to want to see proof that you have sole custody issued by the court. It does not have to be from a court. An Amphoe can do the doucment for full custody as part of a divorce agreement. Link to comment Share on other sites More sharing options...
elviajero Posted March 28, 2017 Share Posted March 28, 2017 1 hour ago, Mattd said: The divorce was amicable and out of court, it was all completed at the local Amphur office, with an agreement drawn up between us, signed by both of us and countersigned and stamped by the Amphur, in this document I have custody. Ok good. My point was that you need legal custody rather than "technically have" custody. Link to comment Share on other sites More sharing options...
Mattd Posted March 29, 2017 Share Posted March 29, 2017 13 hours ago, elviajero said: Ok good. My point was that you need legal custody rather than "technically have" custody. Sorry, bad use of words! This is because whilst I am working in Bangkok Monday to Friday, then their Mother helps out down in Chonburi with the children, so it is a shared responsibility right now, though legal custody is mine. Link to comment Share on other sites More sharing options...
2008bangkok Posted March 30, 2017 Author Share Posted March 30, 2017 It does not have to be from a court. An Amphoe can do the doucment for full custody as part of a divorce agreement.And this is legally binding? Link to comment Share on other sites More sharing options...
ubonjoe Posted March 30, 2017 Share Posted March 30, 2017 1 minute ago, 2008bangkok said: And this is legally binding? Yes it is. Link to comment Share on other sites More sharing options...
Mattd Posted March 30, 2017 Share Posted March 30, 2017 (edited) 3 minutes ago, 2008bangkok said: And this is legally binding? As far as I was told by my lawyer, then yes, so long as both parties agree and it is signed and witnessed by the Amphur. An original is kept by each of us and the Amphur. Edited March 30, 2017 by Mattd x Link to comment Share on other sites More sharing options...
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