Do you have a Thai wife or husband? Do you want to stay longer in Thailand? If you are married to a Thai national, you may be eligible for a visa extension based on having a Thai spouse. It is the same if you are supporting a Thai child. Do note that unmarried father might need documents to show they are the legitimazed father under Thai law.
There is No Marriage Visa
People speak casually about a “marriage visa”, but the truth is that there is really no such thing on the books with the Thai Immigration Department. Instead, one is able to obtain a Non-Immigrant visa, then extend this visa based on having a legal Thai spouse.
You Need a Non-Immigrant Visa
If you wish to enter Thailand to visit your Thai spouse or to live here permanently with him or her, then you can apply for a Non-Immigrant O visa. You can do at any Royal Thai Consulate or Thai Embassy in your home country or elsewhere. Other types of Non-Immigrant visas, if already obtained, may also be granted extension based on having a Thai spouse. A final option is to visit Immigration in Bangkok (only the main office) and apply for a change of visa. Example, changing from tourist Visa to a Non-Immigrant visa. This option is tremendously complicated and requires extensive paperwork . It’s only a reasonable option for who for whatever reason are unable to travel to other countries to obtain visas. Covid has now stopped and it is easier to travel.
Extension of Visa for Thai Spouse or Supporting a Thai Child.
Non-immigrant visas are normally issued for 90 days, after which you must, as a foreigner, either exit the country or obtain permission to extend your stay. If you are married to a Thai, you may obtain an extension of stay up to a complete year (so after the initial 90 days you will be granted 275 more days to complete the year. Once your first extension has been processed, you are then able to extend your stay for a period of 365 days and you can do this again year after year without limit. Do note the owner of the place you live might have do a TM30 form at your arrival from abroad.
Supporting a Thai child or Thai spouse have same conditions
All of this is of course conditional. First, to be legally married your Thai spouse must:
- Be 17 years of age or older (for spouse) and less than 20 yo for a Thai child.
- Be a Thai citizen with proof if identification
- Not be legally married to anyone else
You must have appropriate proof for the immigration officials that you are legally married. This is normally obtained at the amphur each year to show that you are still married and not divorced. The form must be recent so do that just before asking for you extension. The amphur called this for Kor Ror 22. In the case of supporting a Thai child, you must have a Thai child and some immigration office will need a proof that legally, you are supporting the child. Like a decision of the Court or divorce agreement where you have parental powers on the child (Called “custody of a Thai child” in Commonwealth countries)
Proof of 400,000 baht at the bank or 40,000 baht income
The other major condition relates to finance. A foreigner married to a Thai spouse had to provide proof of 40,000THB/month income or else a lump sum of 400,000 in the bank. Thai Immigration does not want foreigners coming to Thailand to be drains on her resources, but rather to make positive contributions. The 40,000 baht incomes can be a job in Thailand or must be transferred to the Thai bank account that you have in Thailand.
It’s important to note that foreign men who were previously living in Thailand and receiving visa extensions based on previous regulations may continue to do so under the new law – they are essentially grandfathered in. Another point, if you are worried about your marital situation and that might end in a divorce, extending your visa based on child support could be interesting. Because when you extension is based on supporting a Thai wife and you divorce, you have only 7 days to leave the country and change your visa.
How The Process Works
In order to obtain the extension, you must apply for the extension at your local Immigration office with all of the required paperwork while your current Non-Immigrant visa is still valid. Normally you will receive a temporary extension of 30-45 days if your paperwork seems to be in order. After this temporary period, you will need to return to Immigration to hear the results of your application for extension. At which time, you should be granted an extension which will allow you to complete a year’s stay. Never applied for an extension on the last day : They are quick to find you problems and you won’t have the time to correct. You can apply 30 days before the end of your current visa or extension and in the province where you reside.
After the first time, you simply prepare the same fee and paperwork and apply for a year on year extension. Again this will require 2 trips to Immigration, for application and for hearing your results. After your extension is granted, like all foreigners resident in Thailand you must report to immigration once every 90 days, though you’re given leeway of 1 week before or after your 90-day date in order to make your report in person.
What You Need to Prepare for Extension Based on Thai Spouse
To apply for your visa extension based on marriage to a Thai national, you need to prepare and submit the following:
- Application form T.M. 7
- 1 photograph (4x6cm)
- Copy of passport, especially Non-Immigrant visa and TM6 arrival/departure card. Passport must be 6 months valid at least.
- Visa extension fee 1,900 THB
- Copy of your marriage certificate. If you got married in another country, a letter of evidence is required from your embassy as well.
- Copy of Kor Ror 2 (marriage registration or long tabian) from amphoe office. This is a proof that you are still married and not divorced. The dated of this document should not be older than 6 months from issuance.
- Children’s birth certificates (if applicable)
- Copy of spouse’s house registration
- Copy of spouse’s identity card
- Proof of combined income of 40,000THB or over for the previous 2 months. Like proof of income tax records PDN1. forms, pension documentation, proof of income through investments, work permit, etc. Some embassies like Canada can still confirm your incomes but not UK, and many others.
- A bank book (when you apply with 400,000 baht) that you update the day of your extension to show the current money on that day.
- And you will need a letter from your bank, stamped 7 days maximum before you apply. This is to confirm the money in your account if you do the 400,000 baht two months in advance.
Outside Bangkok
Outside of Bangkok, it is often require to prepare 2 COPIES of every required document and photos. Ensure that all copies are signed in ink prior to submittal. This list is what most Immigration offices ask for, however officials are able to ask for further proof of the marriage at their discretion. Therefore, the following should also be prepared in case they are requested:
- Map to your home in Thailand
- Picture of your house and yourself with family, both inside and outside showing the house number. At least 3 and dress properly, no t-shirt, no flip flop, no shorts, etc.
Immigration staff may also interview both spouses to determine if they are actually married. It’s best to have your spouse accompany you for your application. The Thai spouse has actually have to fill some documents regarding their relationship. (see an example of documents here). Not only that, since many years, immigration officers often visit the house of the couple during the first month. They want to be sure that it is a real marriage and not a fake one.
Marrying a Thai national allows foreigners to extend their stays in Thailand for up to 1 year at a time. But you are also require to notice every 90-day your address in Thailand. As long as you and your spouse are legally married and have an appropriate combined income level, you should be eligible for yearly visa extensions.
THE REGULATION
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Police order 777/2551 (yes, that’s old and from 2008)
2.18 In the case of a family member of a Thai(applicable only to parents, spouse, child, adopted child or child of his/her spouse):
Permission will be granted for a period of not more than 1 year at a time.
(1) The alien has obtained a temporary visa (NON-IM)
(2) Proof of family relationship
(3) In the case of a spouse, the marital relationship shall be dejure (legitimate) and de facto;
(4) In the case of a child, adopted child or child of his/her spouse, the said person must not be married, must be living with the family, and must be less than 20 years of age; or
(5) In the case of a parent, one of parents must have an average annual income of not less than 40,000 baht per month or a money deposit of not less than 400,000 baht for expenses within a year.
(6) In case of marriage with a Thai lady, the husband who is an alien must have an average annual income of not less than 40,000 baht per month or a money deposit in a local Thai bank of not less than 400,000 baht for the past 2 months for expenses within a year.
(the paragraph about “husband” should be considered as “husband” or “wife”.)
No insurance needed
You do not need insurance. The law has changed since 2008 but it is similar. It is 40,000 baht PER MONTH or 400,000 2 months in advance at the bank. The same morning that you go for extension, print your bank book and bring it with you. The will also need a letter from the bank stating that you have this money in your account and the letter must be done maximum 7 days before you apply. Banks normally charge 100 to 300 baht for that document.
