A Thai marriage-based extension of stay depends on a legal and genuine marriage, so divorce removes its basis. Contact the immigration office that granted it promptly, and either switch to a category you qualify for, such as parent of a Thai child, retirement or work, or plan a lawful departure.
What happens to my marriage extension after a divorce?
What people call a marriage visa is usually a Non-Immigrant visa followed by yearly extensions of stay as the spouse of a Thai national. The Immigration Bureau's criteria require proof that the marriage is both legal and genuine.
Once the divorce is registered at a district office, or a court judgment becomes final, that condition is no longer met. How long you may then remain, and whether you must leave, depends on the immigration office's decision in your case.
No single rule gives the same number of days to everyone. Do not assume your current permission simply runs until its expiry date.
Should I tell immigration about the divorce?
Yes, the safe course is to go to the immigration office that granted your extension, with your divorce documents, and ask how your permission will be treated.
- Never apply to renew as a spouse after a divorce, or sign forms that say you are still married.
- Your Thai ex-spouse has no duty to appear for you again and should not be asked to.
- The 90-day address report is not an extension of stay. Reporting on time does not keep a lapsed basis alive.
Overstaying, even briefly, can lead to fines, arrest and a ban on returning to Thailand. If you are unsure about your status after a divorce, get an answer from immigration in writing or in person before your permission ends.
Which other categories might I switch to?
The Immigration Bureau publishes criteria for each type of extension. These are the ones divorced foreign spouses most often look at:
| Category | Key published criteria | Check with immigration |
|---|---|---|
| Parent of a Thai child | Non-Immigrant visa; proof of the relationship; average income of at least 40,000 baht a month or a deposit of at least 400,000 baht | Evidence that you actually support and care for the child |
| Retirement | Non-Immigrant visa; aged 50 or over; income of at least 65,000 baht a month, or a Thai bank deposit of at least 800,000 baht (held two months before applying and three months after approval, then at least 400,000 baht), or a combination | Current rules on how the deposit is held and evidenced |
| Work | Non-Immigrant visa; work permit; employer conditions such as paid-up capital of at least 2 million baht and a ratio of four Thai employees per foreign worker, with exemptions for some offices | Salary thresholds for your nationality and position |
| None of these | Leave and apply for the visa you are entitled to | Your last lawful day of stay |
Note that these criteria are written for applicants who hold a Non-Immigrant visa. Ask the immigration office whether you can change the basis of your stay inside Thailand or need to apply for a new visa first.
Timing matters if you need a new visa type. Bangkok Immigration's checklist for changing from a tourist visa or visa-exempt stay to a Non-Immigrant O visa inside Thailand requires more than 15 days of permission left, and no application after an overstay. Leaving things late can close options.
What documents should I prepare?
- Passport with the current visa, extension stamp and departure card
- Divorce certificate (Kor Ror 7), or the judgment with a certificate of finality and the district office registration
- For the parent category: the child's birth certificate, Thai ID or house registration, and documents on parental power or support
- Bank letters, statements, pension or salary evidence for the category you will apply under
- Foreign documents translated into Thai and certified as the office requires
Checklists can differ between immigration offices, so ask the office that will handle your application for its current list before you collect documents.
What if we are separated but not yet divorced?
Be careful. The criteria require a genuine marriage, and officers may interview both spouses or visit the home.
If you already live apart, applying again as a spouse can create a false-statement problem. Ask a lawyer whether another category would be safer before your next renewal date.
Frequently asked questions
How many days do I have to leave after the divorce?
There is no single figure that applies to everyone. It depends on your permission and the immigration office's decision, so ask promptly with your divorce documents.
I have a Thai child but my ex-wife has parental power. Can I still use the parent category?
Possibly. Immigration looks at proof of the relationship and of real support. Lacking parental power may mean you need stronger evidence, so check before applying.
Does the divorce affect a pending permanent residence application?
It may, if the application relied on the marriage. Inform the authority handling it and ask how it will proceed.
Do my children's visas change after the divorce?
Children who hold Thai nationality do not need a visa to live in Thailand. Children with only a foreign nationality need their own permission, which may have depended on your status, so check it at the same time as yours.
Can I come back to Thailand later?
Yes, with a visa you qualify for, provided you did not overstay or receive a ban. Leaving on time protects that option.
Where should you start?
Before you register the divorce, check which permission you hold, when it expires and which category you could move to. Prepare those documents first, so there is no gap in your lawful stay.
Align the divorce agreement with your plans, especially contact with your children and support payments if you may have to leave. A family lawyer can coordinate the divorce timing with your immigration options.
Related reading: divorce and the spouse visa (Thai), child custody for foreign parents, and divorce in Thailand for foreigners.
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