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Thai Marriage Visa Problems Due to Death

Transcript of the above video:

About a week ago I posted a video and I basically said "look we are not dealing with the same sort of urgency with regard to Thai Immigration that we have been dealing with the past roughly two and a half years", and I asked some of the viewers on this channel to kind of give me some feedback on what they wanted me to talk about it. Was there anything specifically that they thought was worth me mentioning on the channel? I got a lot of good feedback including this comment. 

Quoting directly: "What can a non-Thai do when married to a Thai and have children and their Thai partner passes away? Can non-Thais stay in Thailand with the Thai born child?" Okay, a lot to unpack here. These are really, I always hate seeing these kinds of cases. They are just a really sad state of affairs but it is a situation where you have got a foreign national married to a Thai national and the Thai national, by dint of the marriage itself it is possible to have what is called an O Marriage Visa. So basically prove up the validity of the marriage, prove up that it is a genuine marriage and then you may need to prove up financial abilities or have a Work Permit and show that one has an income. But again if you can do this then you can maintain status in Thailand in Marriage Visa status. Then the question again posed in this comment is "well what happens if the Thai spouse passes away?" Unfortunately, and as hash as this sounds, literally, if you go by the book if you will, the visa expires the moment that the Thai spouse passes away, legally speaking. Now practically speaking, Immigration doesn't treat it like that but you do need to go deal with it as soon as possible, and it is always been my experience, Thai Immigration is very sympathetic. They do not act with sort of bureaucratic imperiousness or anything when they are dealing with these kind of cases. We have had to deal with it before; they go out of their way to try to accommodate and find some way of dealing with this and as brought up by the commenter, it may be possible to convert to what is called an O Visa based on taking care of a Thai child, being basically the parent of a Thai child. The O Visa itself is a miscellaneous category. It can be utilized for the family of Thais to maintain status in Thailand. So again Immigration has the discretion to grant ongoing status notwithstanding the loss of a spouse where there is a child, a Thai child specifically, that came as a result of that marriage. So again, the thing to think about is yes, that may be an option, there may be other options. If someone otherwise qualifies for a Retirement Visa, that might be a better way to go; if somebody otherwise qualifies for a Business Visa, that may be a better way to go. Again, it is going to be driven by the circumstances in the case.

Long story short, with respect to that specific question, yes there are scenarios where that could happen where you could move from being based on marriage to a Thai to based on being the parent of a Thai. We have seen it happen, we have actually dealt with those kind of cases but again every case is slightly different, every Immigration Office is going to handle things differently so that might not be the way it works out in every case but in theory yes, it should be a possibility.