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Mario2008

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Posts posted by Mario2008

  1. A (Thai) mother can even apply for citizenship for her child without the help for the father. Many countries have the possibility of filing a paternity suit, in which the court determines who the father is. If need be by DNA-testing. It is mostly used to get child support from the father, but with the court does is determine that the father is the legal father and thus there exist family ties between father and child. Meaning the child can apply for the nationality of the father (if he hasn't have it already by law) and is entitled to inheritence.

    The cooperation of the father is in this procedure not necesary. It's for when the father doesn't want to acknowledge the child.

  2. I guess it would be possible to get a passport based on the birthcertificate as their it is stated that you are the father. They don't check if you have legitimised the child. I believe they only check if a parent makes the claim to have sole custody if that is indeed the case.

    The certainty you want you can only get from checking your legal status regarding your child at the amphur. I hope I'm wrong, but I do know for a fact that the Dutch embassy consideres a baby not registered by the father himself but by a hospital as not being legitimised under Thai law. I'm interested in the outcome, so hope you will posted here.

  3. Had some power problems so had to cut my previos post short.

    But That you never were marreid might not mean that you aren't the legal father. When you are maried the law will presume that the husband is the legal father. When you are not married you can still become the legal father by legitimising your child. If your children were born in Thailand the following rule applies:

    Article 1547 of the Thai Civil Code:

    "A child born of the parents who are not married to each other is legitimated by the subsequent marriage of the parents, or by registration made on application by the father, or by a judgment of the Court."

    Note that you have had to register the child yourself at the amphur, not the hospital or anybody else. Being named on the birth certificate is not enough. You had to be the one who registered the baby and thereby confirmed yourself that you are the father. If you didn't legitimised your children yet, you might be able to do that still. (Ask a lawyer or your embassy).

    Also some embassies allow you to legitimise your children with them, so the children will also get your nationality. This would probably not work against Thai law, but would at least work towards your own national law. (Better check with a laywer from your own country, as in some cases it would also be possible for your children/wife to file a paternity suit and you shoulkd check what the best course would be).

  4. proces is explained here:

    http://www.mfa.go.th/web/473.php?id=3167

    Edit:

    One parent accompanies the child, signs the parental consent form, and submits a notarized consent letter of the non-appearing parent.

    You van have it notarized at an amphur.

    I saw that Sonkla had e-passport but reading the paperwork I notice that a problem may be that we never legally maried in Thailand as it would have interfered with other things ....

    23 years ago the way we did it was necessary, not now!

    If necessary, both parents who cannot accompany the applicant under the age of 15 to apply for an e-passport, may designate a representative to do on their behalf.

    A representative is required to submit additional documents as follows :

    (1) a letter of Authorization from the applicant’s parents giving he/she the authority to sign a parental consent form in front of the Passport Office’s authorized personnel

    (2) a parental consent letter signed by the applicant’s non-appearing parents

    (3) original Citizenship I.D. Cards of the applicant’s parents

    (4) the representative’s Citizenship I.D.Card (original document)

    Since you were not legaly marreid your wife has to proof that she has sole custody:

    <LI>If the applicant was born to parents who did not sign a marriage certificate, only the mother of the applicant can sign the parental consent form. She will need to bring a letter guaranteeing sole guardianship issued by her domicile district office (Por Kor 14) accompanied by her ID Card which must bear the title ‘Miss’.

  5. To get married you should contact your embassy. They have to certify that you are allowed to get married and will give you a document stating that. Each embassy has it's own rules as to what they require to issue such a letter. Once you have the letter you have to get it translated into Thai and present the original and translation to the Thai ministry of Foreign Affairs, consular department in Bangkok. They will legalise the document and with the legalised document you can go to any amphur to get married.

    Note that if you have been married before they might require that you have the divorce papers translated into Thai also. Your embassy can tell you more about this. You can do it all in one day, if you hurry. But often you have to wait about 4 hours at the Thai MFA.

    If you don't live in Bangkok it might be worth to have an agancy take care of things, to save you the travel time and money.

  6. RATE OF GOVERNMENT FEES FOR WORK PERMIT

    1. 750 Baht = not longer than three months.

    2. 1,500 Baht = longer than three months but does not exceed six months.

    3. 3,000 Baht = longer than six months but does not exceed one year.

    4. For a work permit which is longer than one year, the fee will be increased for the period exceeding one year at the rate shown in items 1,2 and 3 above.

    http://www.doe.go.th/workpermit/index.html

  7. If you have a son and you bring her to the states for him to be born you are screwing him because he will never be able to live in Thailand as a %100 Thai. If he is born in Thailand you can always get him US citizenship later but he will never be able to get Thai citizenship. He will be able to work and travel as we do and hide his money in Thailand for an incredible profit margin. He could have the best of both worlds and more choices then any of us. He could cut peoples throat in an import export business doing the work on both ends. He will have more possibilities to be wealthy by having dual citizenship than you can imagine. That is unless you fail to give him a proper education and dont insist that he be fluent in both languages. And the most important reason you should have him born in Thailand is that for the price you will pay to have have him born in a medieval dungeon in the states, you could fly to Thailand while your son is born in a real hospital, get DNA testing, start an investment account for his education, pay for a lawyer to process the visas, and still have a couple of grand in your pocket. And if the DNA tests prove you are not the father, also 1/4 the price, while they are still in Thailand then you have saved yourself years of trouble and about 20 more thousand dollars.

    He's right, ask Tiger Woods, Multi-Millionaire - half Thai but was not born in Thailand was turned down for Thai cituzenship vecause he is considered 'not Thai by birth'

    That was probably somewhere in the 1960's early 1970's. In those days it was common that in case of a marriage the woman acquired the nationality of her husband and lost her own nationality. Tiger Woods parents were probably married at the time of his birth, OP is not.

    The nationality laws of a lot of countries have changed since. Under current Thai nationality law the child will have Thai nationality by way of having a Thai national as mother under art. 7 of the Thai nationality law.

    http://burmalibrary.org/docs3/THAILAND'...onality_Act.htm

  8. If you are married to a Thai then you should be able to get a non-o in your home country. This can allow you to stay in Thailand for up to fifteen months, but you will need to leave the country every three months unless you can get a yearly extension based on a shared income for you and your wife ( I think that it is 40,000THB a month?). You could also get an extension on your O based on a work-permit.

    I think that it might be difficult to get a work-permit if you are only working part-time as most employers might feel that it is not worth the effort and expense.

    Only a total of almost 15 months if he applies for a multiple non-O. A normal non-O is only 90 days.

  9. Another option is indeed get a job as a teacher and apply for a non-B visa based on that.

    You can work on a Non-O.

    Yes, but he has an income of only 30,000 baht. That is not enough to get an extension based on marriage, that's why the teaching job and a non-B.

    Edit:

    You're right. He can get a non-O and find a job before apllying for an extension and then show more than 40,000 baht a month.

  10. I presume your wife is a Thai national.

    Being married with a Thai national would qualify you for a non-O immigrant visa, upon show of proof of your marriage. (Nice to take the misses with you or at least a note asking her for a visa for you when you apply). The visa will give you permission to stay 90 days in Thailand. In Thailand itself you could apply for an extension of stay for 1 year if you can show a family income (you, your wife or both combined of 40,000 baht a month).

    Another option is indeed get a job as a teacher and apply for a non-B visa based on that. There is no mimimum income requrement for a teacher, so you should be ok. (if you realy like to teach that is).

    Edit:

    You could also apply for a multiple non-O wich would give you an unlimited entries for 90 days at a time into Thailand during 1 year from date of issue. By going and coming back to Thailand just before it expires you get another 90 days, making it alomost 15 months. This would give your wife time to start her business and generate income.

  11. Going back to your original posting:

    To apply for a non-O based on retirement you don't need to show 800,000 in a Thai bank. During the last 3o days of your permission to stay you can apply for a one year extension in Thailand. It is for this extension that you need to show 800,000 in a Thai bank for at least 3 months. (Note that you also have the option of 65,000 a month or a combination of both. So you can also for example use 400,000 on a Thai bank and 32,500 a month in inkome).

    http://www.immigration.go.th/nov2004/2notice/rtp606EN.pdf point 7.21.

    If you can get a multiple non-O is different from a single non-O in that it gives you an unlimited of 90 days entries within a year from the date of issue. Every entry gives you 90 days and you can leave Thailand and enter again the same day to get a new 90 days. Within the last 30 days of each permission to stay you can apply for a one year extension. In essence it gives you more time to open a bank account and transfer your money to Thailand.

    Some have suggested you get a non-OA visa, which is also a good option, but has different requirements.

  12. Your visa has a something stating like utilise before ***********. after that the visa is no longer valid and you cannot make use of the second entry.

    No, you don't have to wait 180 days to get a new visa. What you refering to is the 90 days rule in a 6 month period. This onl;y applies to visa exempt entries, the 30 day stamps you get when you enter Thailand without a visa, and not in combination with a regular visa.

  13. Thai nationality law does recognise dual nationality. But I think you misunderstood my statement. Dutch law recognises the legitimisation under local (Thai) law. But since the father didn't legitimised the child under Thai law, the child was not considered his legaly, and thus didn't receive Thai nationality.

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